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Ordinance 658 ORDINANCE NO. 658 AN ORDINANCE REGULATING THE HEIGHT OF HEDGES, SHRUBS,AND OTHER OBSTRUCTIONS TO VISIBILITY AT STREET INTERSECTIONS, WITHIN THE CITY OF GILROY, PROVIDING PENALTIES FOR ITS VIOLATIONS AND FOR THE REMOVAL OF OBSTRUCTIONS TO VISIBILITY. THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION I: HEIGHT OF HEDGES, SHRUBS AND OTHER OBSTRUCTIONS AT THE CORNERS OF INTERSECTING STREETS. It shall be unlawful for the owner or occupant of any corner lot or premises in the City of Gilroy to install, set out, maintain, permit or allow the install- ation, setting out, maintenance or existence of any hedge, shrubbery or other obstructions to the view higher than three (3) feet above the adjacent street curb level between the curb line and the prop- erty line or within that triangular area of the private lot or premises between the property lines adjacent to the corner and a diagonal line joining points on the property lines twenty (20) feet from the point of their intersection, or in the case of rounded corners, the area circumscribed by the curve and a chord to the curve: said chord being a line drawn between the point of tangency at the beginning of the curve and the point of tangency at the end of the curve. SECTION II: EXCEPTIONS. The foregoing provisions shall not apply to permanent buildings, public utility poles, official warning signs or signals, or to places where the contour of the ground is such that there can be no cross visibility at the intersection. SECTION III: ENFORCEMENT. The enforcement of this ordiBnce -1- ~bg 11 jj If "'" shall be under the direction of the city Administratoro The city Administrator may designate representatives who may investigate violations of this section, give such notices as may be required to carry out this section, and perform such other duties in connection with the enforcement of this ordinance as may be imposed upon them by the city Administrator. SECTION IV: REMEDIES. In addition to the remedy by prosecution for violation of this ordinance, any obstruction maintained in violation of this ordinance shall be deemed a nuisance, and upon failure to abate the same within twenty (20) days after the posting upon the premises of notice to abate the nuisance, signed by the city Administrator or his authorized representative, the City Administrator or his authorized represent- ative may enter upon the premises and remove or eliminate the obstructiono In such event the cost to the city of Gilroy of the abatement of the nuisance shall be a personal obligation against the owner of the premises upon which the nuisance was maintained, recoverable by the City in an action before any court of competent jurisdiction. SECTION V: SCOPE. No obstruction to cross-visibility shall be deemed to be excepted from the application of this ordinance because of its being in existence at the time of the adoption here- of, unless expressly excepted by the terms of this ordinance. SECTION VI: That any person, firm, association, co-partnership or corporation, violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the County Jail of the County of Santa Clara, California, for a period of not more than six (6) months, or by both such fine and imprisonment in the descretion of the court. -2- """""""".u,,", "~~....~n''ftl''f-~' ~t'1 , - f,fv'-~~ >," II ,~, ::~"'rr "_.:Itllt f,""'fr "'fI,,'Ji-~,~;..,:;,/"~t7T -'''';,yj~,~~~if'''''a''it-tll'Jilf SECTION VII: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance 0 The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that anyone or more sections, subsection, sentences, clauses or phrases, be declared invalido SECTION This ordinance shall be published once in the Gilroy Evening Dispatch, a newspaper of general circulation published in the City of Gilroy, and shall be and become effective thirty (30) days from and after the date of thefinal passage and adoption thereof. PASSED AND ADOPTED this 21st day of August , 1961, by the following vote: NOES: COUNCIIMEMBERS: Duffin, Goodrich, Jordan, Petersen, Quartiroli, Wentworth, and Sanchez. COUNCILMEMBERS:None AYES: ABSENT: COUNCILMEMBERS:None APPROVED BY: '-"~' ~ ~ayor 0/ ATTEST: .I &, ,/) 1~:?UAt/mLL-J v) ~t1u-,) , City Clerk (j ~ A I , SUSANNE E. PAYNE , City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 658 is a true and correct copy of the whole of such Ordinance, duly adopted by the Council of the City of Gilroy, at a regular meeting of said Council held on the 21st day of Au~st , 19 61 ,at which meeting a quorum was present. I further certify that the said ordinance has been pub- lished in accordance with the charter of the City of Gilroy. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this 22nd day of August , 19 61 . -