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Home My WebLink AboutR-2002-122 Clear View Violation Enforcement Action (401 S. 37th Avenue)RESOLUTION NO. R-2002- 122 A RESOLUTION authorizing enforcement of intersection clear view violation at 401 South 37th Avenue, as described in Yakima Municipal Code 8.80.040. WHEREAS, On August 5, 2002 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 and notification was sent to property owner on August 7, 2002. WHEREAS, Continued contact with the subject property owner in writing on September 5, 2002 did not result in the abatement of the violation. Additional site visits by staff clarified the extent and nature of the violation. WHEREAS, Pursuant to YMC 8.80.020, on October 15, 2002 the Yakima City Council reviewed the report by city staff and authorized enforcement of the clear view violation; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1: Pursuant to YMC 8.80.020, Marilyn K. Walkenhauer, owner of the real property located at 401 South 37th Avenue (Yakima County Assessor parcel number 181322-43462) 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 15th day of October, 2002. ATTEST: City Clerk Clearview Violation Summary Property owner : Marilyn Walkenhauer Violation address: 401 S 37th Ave Parcel number: 18132243462 Legal Description: S Glenn Drive TRS: Lot 10 Brief description: Tree limbs and other vegetation are above two feet and causing sight distance obstructions. The property is located on the SW corner of Walnut and Del Mar Terrace, there is no stop control at the T -intersection. Original Complaint: Marcie Durkin on August 5, 2002 (neighbor). This citizen has made subsequent inquiries. Dates of Letters: August 7, 2002 courtesy violation letter; September 5, 2002 preliminary violation notice including city council date. DEPORTMENT OF PUBLIC WORKS 2301 Fruitvale Blvd., Yakima. Washington 98902 Phone (509) 575-6005 September 5, 2002 Marilyn Walkenhauer 401 S 37th Ave Yakima, WA 98902 Preliminary VIOLATION NOTICE Violation Address- 401 S 37th Ave Parcel # 18132243462 Dear Property Owner: The Traffic Engineering Division has confirmed a sight distance obstruction on your property on the N / S / E / W side of Del Mar Terrace and on the NE / NW / SE / SW corner of Walnut and Del Mar Terrace. This vegetation is in violation of the City of Yakima clearview ordinance, Municipal Code sections 8.80.040 & 8.80.010. Please [remove entirely] or [trim a portion of] the existing [hedge] [tall evergreen(s)] [junipers] [other shrubs] [roses/perennials] [tree limbs] [arborvitae] within the clearview triangle and overhanging the street or sidewalk as defined in the enclosed ordinance. You are required to remove by October 7, 2002 all vegetative growth within the clearview triangle and overhanging the street or alley. If the required vegetation removal has not been completed by the above date, this location will be scheduled for city council action at the October 15, 2002 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 Bill Quitta, Traffic Associate at 576-6465 or me at 576-6499 Sincerely, Kris Betker Traffic Technician II C resident if other than property owner Enclosure rtmtntstrat,on :77-41OO5 'tiitinment 2cntai 3'75-6005 , ?arks :teereation 5-,i12') '2efiir;e ss))5 'street ;75-nt105 " r clic ; 7 5-„OIOS , ranstt 75-+,9)115 Yakima tilt1 i iF v '94 DEPARTMENT OF PUBLIC WORKS 2301 Fruitvale Blvd., Yakima, Washington 98902 Phone (509) 575-6005 August 7, 2002 Marilyn Walkenhauer 401 S 37th Ave Yakima, WA 98902 Courtesy VIOLATION NOTICE Violation Address: 401 S 37th Ave Parcel # 18132243462 Dear Property Owner: We have confirmed a violation of the City of Yakima clearview ordinance, Municipal Code section 8.80.040, on your property at the NW / NE / SW / SE corner of Walnut and Del Mar Terrace. The ordinance requires that you [remove entirely] [trim a portion ofj the existing [vine] [tall evergreens)] [junipers] [roses/perennials] [shrubs] [tree limbs] [weeds] within the clearview triangle as described on the applicable section of the enclosed diagram. If the required trimming is not completed by the last Friday of this month, you will receive a foitual preliminary notice of the clearview violation including a date on which this issue 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 to cover the costs of such action. 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 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 Bill Quitta, Traffic Associate at 576-6465 or me at 576-6499 if you have questions or would like to meet on location to discuss the violation. Thank you for your cooperation. Sincerely, Kri&Betker Traffic Technician II c: resident if other than property owner Enclosure >(ltntntstration 75-4,005 ?uuipment Rental .575-1,0415 ;'arks & Recreation -575-4020 , 2etiir,e =75-,e00S 'Area ; 75-+,0(}5 rrat'iic =75- ,ilil5 ransit 75-„ i)i15 Yakima battni oty ' 994 Del Mar Terrace & Walnut SW corner Del Mar Terrace / Walnut SW corner WALK JT v m r City of Yakima Clearview Violation TON TIE 1 11111111111 Marilyn K Walkenhauer 401 S 37th Ave Yakima, WA. 98902 h�llln Entinr,rin` City of Yakima, Washington Public Works Traffic Division 2301 Fruitvale Blvd Yakima, WA. 98902 November 13, 2000 Centerline of Cross Street City of Yakima Traffic Division V [ G 1--i;TATION CL I-i;ARVI EW SIGHT DISTANCE, TRIAI\GLF, Edge of Travel Lane 1-4 Distance (see chart) Distance (see chart) Clearview Area Keep Shrubs lower than 2 feet acid tree limbs higher than 7 feet above the top of the curb. Centerline of '( approach street Please contact Kris Betker or Bill Quitta 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 inteisection to face of curb 40 MPH 305' 35 MPH 265' 30 MPH 225' 25 MPH 170' 20 MPH 130' 15 MPH 100' SECTION ION O.OU.0 1 U Keep tree limbs higher than 10 feet over the street and higher than 7 feet over the sidewalk \Y/ .\/ /Keep all vegetation lower than 2 feet from top of curb height and from growing over the sidewalk In the Clearview Triangle Please contact Bill Quitta with the City of Yakima, Traffic Engineering Division, at 575=6005 if you have uesticns about the ordinance or you have completed the work and would like to have us check the location for campiianca. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9 For Meeting Of Octoberl5, 2002 ITEM TITLE: Public Meeting to Consider Intersection Clearview Violations SUBMITTED BY: Chris Waarvick, Director of Public Works CONTACT PERSON/TELEPHONE: Shelley Willson, Streets and Traffic Manager Joan Davenport, Supervising Traffic Engineer SUMMARY EXPLANATION: Pursuant to Yakima Municipal Code (8.80.040) one location is currently being processed for violating the intersection clearview standards. Following the preliminary notice, this location is still in violation, and has not been resolved. Council action is now required. The location is: 401 S 37th Ave. Resolution X Ordinance Contract _ Other (Specify) X Staff report and file Funding Source None necessary APPROVAL FOR SUBMITTAL: City STAFF RECOMMENDATION: Review files and consider public comment. Adopt resolution, if necessary. BOARD RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2002-122