HomeMy WebLinkAboutR-2004-191 Clear View Violation (812 South 11th Avenue)RESOLUTION NO. R-2004- 191
A RESOLUTION authorizing enforcement of intersection clear view violation at 812
S llth Ave, as described in Yakima Municipal Code 8.80.040.
WHEREAS, On August 30, 2004 a citizen complaint was received by the City of
Yakima regarding possible violation of clear -view ordinances. Subsequent investigation
by staff determined a violation did exist.
WHEREAS, On October 14, 2004 a courtesy letter with pamphlets explaining the
clear -view violation was sent to the homeowner.
WHEREAS, On October 25, 2004 staff met the homeowner on site and explained
the clearview ordinance.
WHEREAS, Continued contact with the subject property owner on November 3,
2004 did not result in the abatement of the violation. Additional site visits by staff
clarified the extent and nature of the violation.
WHEREAS, On November 3, 2004 a letter was sent with the date the City
Council would take action if the violation were not corrected.
WHEREAS, Pursuant to YMC 8.80.020, on December 7, 2004 the Yakima City
Council reviewed the report by city staff and authorized enforcement of the clearview
violation; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1: Pursuant to YMC 8.80.020, Richard Marcley, owner of the real property
located at 812 S. 11th Ave (Yakima County Assessor parcel number 181325-21519) is
required to remove the vegetation in violation of the intersection clear view ordinance.
Section 2: The subject property owner will receive a Final Notice providing ten working
days to abate the violation.
Section 3: If the violation is not completely abated within the ten-day period of the Final
Notice, the City of Yakima will take corrective action to abate the violation, with the
actual cost of such removal to be charged to the property owner. Such cost will constitute
a lien on the property.
ADOPTED BY CITY COUNCIL this 7th day of December 2004.
Paul P.George, Mayor
ATTEST:
Clearview Violation Summary
Property owner: Richard Marcley
Violation address: 812 S 11th Ave
Parcel number: 181325-21519
Legal Description: OLSEN'S ADD: LOT 6 BLK 4
Brief description: The rose and lilac bushes at the intersection are causing a sight
distance obstruction. The property is located on the NW corner of 11th Avenue and W
Arlington St. The intersection is stop controlled from the EB and WB approaches.
Richard Marcley trimmed the roses but not to the compliance standards. He was required
to have the vegetation trimmed by October 31, 2004 but failed to do so.
Original Complaint: Anonymous on August 30, 2004.
Dates of Letters: Courtesy notice mailed on October 14, 2004. Preliminary violation
notice sent November 3, 2004 that includes city council date.
Dates of Phone contact: Spoke with Mr. Marcley on October 28th, he explained that he
had trimmed all that he was going to trim, that the stop approach was from the other
direction and he was no longer in violation. I explained to him, the clear -view ordinance
was from either approach. Left a message on November 3rd after site inspection, that it
was not yet in compliance.
Dates of on-site contact: Met the homeowner on site on October 25th and explained the
clear -view ordinance.
11t Ave / Arlington
Richard Marcley
812S 11th Ave
11/3/04
After Trimming 10/28/04
f
Citizen Comolaints CITY OF YAKIMACmOl,
08-30-044 08:11AM DEPARTMENT OF PUBLIC WORKS p�^
"^ge
COMPLAINT #: 80170
COMPLAINT -TYPE: TE - CLEARVIEW
DEPARTMENT : 133 TRAFFIC ENGINEERING
Reported By: ANONYMOUS NEIGHBOR
Mailing Address
Receivec 08-30-04 at 11:42AM
DEE - DA2
Telephone:
Incident Address: 812 S 11TH AVE
YAKIMA, 98902
Nature of Complaint
___________________
REPORTIN THAT -THERE IS A LARGE ROSE BUSEINTHIS YARD IS
FORCING VEHICL S`TO TRAVEL IN THE OTHERLANE WHENON WEST THATARLINGTON
-- INTERSECTION (SHE DID NOT SAY 11TH AVE). THE PROPERTY THE E OF
1 3 CLOSEAND
SAYS IT IS A BUSY STREET SINCE IS NEAR YVC. SHE WOULD APPRECIATE
SOMEONE CHECKING THIS OUT TO SEE WHATCANDONE. I ATTEMPTED TO GET
A NAME AND PHONE NUMBER FOR YOU BUT DID NOT WANT LEAVE EITHER--
SHE IS AFRAID OF RETALIATION FROM THIS OWNER. PLEASE-rHFCK. THANKS.
ROUTE TO: 1) K BETKER.
CALL BACK? - NO
'
Date Action Taken:
ROUTE �Ow8ER:
REFERRED TO: 1)
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DEPARTMENT OF PUBLIC WORKS
2301 Fruitvale Blvd., Yakima, Washington 98902
Phone (509) 575-6005
Hugo Munoz
812 S 11th Ave
Yakima, WA. 98902
Courtesy VIOLATION NOTICE
Violation Address: 812 S 11th Ave
Parcel # 18132521519
Dear Property Owner:
We have confirmed a violation of the City of Yakima clearview ordinance, Municipal
Code sections 8.80.010 & 8.80.040, on your property along the N / S / E / W side of
Arlington and on the NW / NE / SW / SE corner of Arlington and 1 1th Ave. The
ordinance requires that you [trim a portion of] [remove entirely] the existing [junipers]
[weeds/vegetation] [tree limbs] [lilacs/perennials] [arborvitae] that are growing [over
the sidewalk lower than 7 feet] [over the street or alley lower than 10 feet] & [trim a
portion oft [remove entirely] the existing [weeds] [tall vegetation/hedge] [tree limbs]
[roses, lilacs/perennials] [junipers] that are within the clearview triangle as described
on the applicable section of the enclosed diagrams.
If the required trimming is not completed by the last Friday of October, you will receive a
formal preliminary notice of the clearview violation including a date on which it will be
scheduled for city council action. Also, if you do not comply, the city may complete the
necessary trimming or vegetation removal and issue a lien on the property equal to the
cost of the work. You should be aware that in the event of a traffic collision at this
location, you could have liability if the vegetation problem contributed to the occurrence.
We would appreciate your complying with the ordinance to enhance public safety.
Again, please be advised that if required, the next notice will confirm the date of the
applicable city council session at which the enforcement of this violation will be
presented. Please complete the required work or contact me at 576-6499 if you have
questions or would like to meet to discuss the violation. Thank you in advance for your
cooperation.
Para interpretacion en espanol o si usted tiene preguntas por favor a llamar a 575-6005.
Sin erely,
etker
Traffic Technician II
c: resident if other than property owner
Enclosure
Administration 575-6005 • Equipment Rental 575-6005 • Parks & Recreation 575-6020 • Refuse 575-6005
Street 575-6005 • Traffic 575-6005 • Transit 575-6005
Yakimm
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All -America C11
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1994
DEPARTMENT OF PUBLIC WORKS
2301 Fruitvale Blvd., Yakima, Washington 98902
Phone (509) 575-6005
November 3, 2004
Richard Marcley
812 S 11th Ave
Yakima, WA.98902
Preliminary VIOLATION NOTICE
Violation Address: 812 S 11th Ave
Parcel # 18132521519
Dear Property Owner:
The Traffic Engineering Division has confirmed a sight distance obstruction at your property on the
NE / NW / SE / SW corner of 11th Ave and Arlington. This corner has vegetation in violation of the
attached clearview ordinance, 8.80.040.
Please [remove entirely] or [trim a portion of] the existing [roses] [tall vegetation] [junipers] [tree
Iimbs] [bush/hedge] [perennials] [arborvitae] within the clearview triangle as defined in the enclosed
ordinance. You are required to remove by November 30, 2004 all vegetation within the clearview
triangle that is more than 2 feet and less than 7 feet tall. If the required vegetation removal has not been
completed by the above date, this location will be scheduled for city council action at the December 7,
2004 meeting, and a resolution will be adopted to approve a final violation notice and failure -to -
comply procedures per the code.
You should be aware that in the event of a collision or other mishap, you could have liability if the
vegetation clearview problem contributed to the occurrence. We would appreciate your compliance
with the ordinance to enhance public safety. Please see the enclosed pamphlet that further illustrates
the clearview requirements. If you have any questions or need assistance, with the ordinance, please
call me at 576-6499.
Para interpretacion en espanol o si usted tiene preguntas por favor a llamar a 575-6005.
Sincerely,
Kris Betker
Traffic Technician II
Enclosure
Administration 575-6005 • Equipment Rental 575-6005 • Parks & Recreation 575-6020 • Refuse 575-6005
Street 575-6005 • Traffic 575-6005 • Transit 575-6005
Yakima
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. f?' 0 A -
For Meeting Of December 7, 2004
ITEM TITLE: Consideration of Resolution Authorizing City of Yakima enforcement of
clear -view violation at 812 S 11th Ave, pursuant to YMC 8.80.040.
SUBMITTED BY: Chris Waarvick, Director of Public Works
CONTACT PERSON/TELEPHONE: Shelley Willson, Streets and Traffic Manager
Joan Davenport, Supervising Traffic Engineer
SUMMARY EXPLANATION:
On August 30th 2004, the City of Yakima received a complaint regarding a possible clear -view
violation. Staff documented the violation and contacted the property owner in writing on October
l4t'' and November 3rd 2004. Staff also made contact with the property owner by phone on
October 28th and November 3rd 2004. The property owner has not corrected the clear -view
violation. As required by Yakima Municipal Code 8.80.20, the property owner was informed of
the necessity to trim this vegetation as well as the date the City Council would take an action if
the violation were not corrected. A brief summary is attached of the enforcement process for this
violation including photographs and documentation of correspondence with the property owner
regarding this violation of the clear -view ordinance (YMC 8.80.040).
This resolution authorizes (pursuant to YMC 8.80.040) the Final Notice and ten-day period to
abate the vegetation, prior to correction by the City of Yakima and a possible lien on the subject
property.
Resolution X Ordinance _Contract _ Other (Specify) vicinity map
Funding Source None necessary
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Staff recommends City Council approve Resolution.
BOARD RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2004-191
Centerline of
Cross Street
City of Yakima
Traffic Division
VEGETATION CL f1ARVI1---i,W
SIGHT DISTANCE TRIANGLI--i;
Edge of
Travel Lane
Distance
(see chart)
Distance
(see chart)
Clearview Area
Keep Shrubs lower than
2 feet and tree limbs
higher than 7 feet above
the top of the curb.
Centerline of
approach street
Please contact Kris Betker with the
Traffic Division at 575-6005 if
you have any questions.
Edge of
Travel Lane
Clearview Area
Distance Chart
Speed limit on
Cross street
Distance from center
of intersection
to face of curb
40 MPH
305'
35 MPH
265'
30 MPH
225'
25 MPH
170'
20 MPH
130'
15 MPH
100'
'akima MuncipaI Code
SECTION 8.80.010
CD
Keep tree limbs higher than 10 feet
over the street and higher
than 7 feet over the sidewalk
A_Z")
Nat
Keep all vegetation lower
than 2 feet from
top of curb height
and from growing
over the sidewalk
In the Clearview Triangle
MARCLEY PROPERTY 812 S. 11th Ave
Note cars parked on both sides of this narrow street. Rose bush is no less than 15 ft from
corner where there is a stop sign.
Below: note arrow points to 15 ft marker in line with the edge of house. The willow is out
of the clearview zone.
Below: Arrow indicates the rose bush height and
approximate width. Note the bush is 15 ft back
from the stop sign. The rose is not a hazard.
1 i. t.ii i'iii'Iir.I
Clearly cars parked on street are a greater hazard than a rose bush 15ft back from the comer.
Unlike Fetcher and Scenic Drive
Scenic
or Hilltop and
N. Scenic and Scenic
4615 Scenic
A 10 minute drive yields: 4615, 4606 & 5108 Scenic Dr, N Scenic and Scenic, 5207 Crest, 4601
Sur y Lane, 824 Conestoga, Corner of Fechter and Scenic and 40th and W. Lincoln to be out of
compliance.
The ordinance as written unfairly impacts the small lot owner's ability to increase value through
landscape features and does not have any reasonable expectation of improved traffic safety beyond
those imposed via signage My small neighborhood was platted m 1917, the streets are
narrow, not suitable for 25 mph Arlington is a glorified alley
Additionally, I contend that the ordinance has been incorrectly interpreted. The stop sign is set up
to stop traffic approaching 11 th Ave (B) and that is the way the clearview should be established. it
should be noted that this clearview impacts no less than three properties
On the other hand (A) would extend well beyond the side of my house and would have no effect
on the clearview, unless of course you demolish my house and outbuilding that is on the alley
r
behind my house The worst case to any landscape the option is to interpret the clearview from
both angles I believe that either case represents an arbitrary and capriccios take of my right to
improve my investment given my small lot size The proportion of control 1 lose is unfair and once
again, given the street size and presence of a stop sign does not serve the public good. I submit it
does Just the opposite by limiting the City tax base and discouraging improvement in the
neighborhood. Case in point; in the last year my property was devalued by $1,500
Richard Marcley