The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/01/2019 - ITEMS RELATING TO OBJECTS OBSCURING TRAFFIC CONTROAgenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY October 1, 2019 City Council STAFF Martina Wilkinson, Assistant City Traffic Engineer Joe Olson, City Traffic Engineer Kendra Boot, Forestry Senior Manager Ingrid Decker, Legal SUBJECT Items Relating to Objects Obscuring Traffic Control Devices. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 117, 2019, Amending the Code of the City of Fort Collins as it Relates to Objects Obscuring Traffic Control Devices. B. First Reading of Ordinance No. 118, 2019, Amending the Fort Collins Traffic Code as it Relates to Objects Obscuring Traffic Control Devices. The purpose of this item is to consider revisions to the Fort Collins City Code and the City Traffic Code as they relate to the responsibilities for pruning private trees, shrubs or other plants that overhang or otherwise encroach on the public right-or-way. The changes will make the requirements in the two Codes consistent and provide a level of flexibility for City staff to immediately address issues of safety in the public right-of-way at its own expense, if needed. STAFF RECOMMENDATION Staff recommends adoption of both Ordinances on First Reading. BACKGROUND / DISCUSSION The Fort Collins City Code and Traffic Code have each historically addressed the importance of the visibility of traffic control devices, including signs and signals. The Codes generally note that trees or shrubs planted on private property with limbs that overhang the public right-of-way and create visibility issues must be pruned. However, differences in the language of the two Codes currently creates ambiguity regarding who is responsible for addressing safety concerns. The Ordinances propose changes in both Codes to make them current and consistent. The general approach has three components: 1. The responsibility for pruning private trees and shrubs rests with the property owner, except that the City will prune as needed to prevent interference with City utility lines. 2. The City may notify an owner that vegetation must be pruned, or after proper notification the City may choose to undertake the pruning at the owner’s expense. 3. In a case where the obstruction is creating an immediate safety concern and/or hazard, the City may remove the obstruction in the public right-of-way without notice at the City’s expense. Agenda Item 6 Item # 6 Page 2 Summary of the Proposed Changes The following City Code and Traffic Code changes are proposed. The full set of changes are included in the Ordinances. City Code Section 27-57 - Duty of Property Owner to Prune or Remove Trees or Shrubs Current Text: • Requires owners to remove or prune trees or shrubs to ensure safe and convenient use of the public right- of-way. • Notes that the City will prune as related to City utility lines. • Allows City to do the work after notice. Proposed Changes: • Clarifies that vegetation, not just trees and shrubs, must not obscure traffic control devices (in addition to street name signs). • Notes that City responsibility for pruning is only related to utilities (such as electric lines). • Adds a provision that the City may immediately address a right-of-way hazard at its own expense without prior notice to the owner. Traffic Code Section 114 - Removal of Traffic Hazards Current Text: • Requires the property owner to address hazards. • Allows City to address hazards at owner’s expense after notification. Proposed Changes: • Simplifies the description of affected vegetation to be consistent with City Code. • Clarifies how notice can occur, to be consistent with City Code. • Adds a provision that the City may immediately address a right-of-way hazard at its own expense without prior notice to the owner. -1- ORDINANCE NO. 117, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS AS IT RELATES TO OBJECTS OBSCURING TRAFFIC CONTROL DEVICES WHEREAS, on February 18, 2003, the City Council adopted Ordinance 016, 2003 adopting and separately codifying the Fort Collins Traffic Code (“Traffic Code”); and WHEREAS, Section 114 of the Traffic Code, regarding removal of traffic hazards, states in part that the City’s Traffic Engineer may require a property owner to prune or remove any tree limb or any shrub, vine, hedge or other plant that obscures any traffic control device; and WHEREAS, it has recently come to the attention of City staff that Section 114 of the Traffic Code may conflict with Section 27-57 of the City Code, last updated in 2006, regarding the duty of property owners to prune or remove trees or shrubs; and WHEREAS, Section 27-57 only requires property owners to trim or remove trees or shrubs that obscure street name signs, and says the City will prune or remove trees or shrubs that interfere with traffic control devices; and WHEREAS, the difference between these two Code sections makes it ambiguous whether responsibility to trim trees, bushes, and other plants that obscure traffic control devices lies with the citizen or with the City; and WHEREAS, it is critically important for the safety of the transportation system that traffic control devices are clearly visible to motorists; and WHEREAS, the City Council finds that the Traffic Engineer should be able to immediately address any object obscuring a traffic control device; and WHEREAS, City staff is recommending amendments to Section 27-57 of the City Code and, by a separate ordinance, Section 114 of the Traffic Code, to make them consistent and give the Traffic Engineer clear authority to remove, at the City’s expense, any object that is obscuring a traffic control device; and WHEREAS, the City Council finds that such amendments are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. -2- Section 2. That Section 27-57 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 27-57. - Duty of property owner to prune or remove trees, or shrubs, or other vegetation. (a) It shall be the duty of the owner of any property within the City to cut, trim, prune or remove as necessary any trees, or shrubs, or other vegetation located upon the property of such owner in order to provide for the safe and convenient use of streets, sidewalks, alleys or other City-owned property in accordance with the following requirements: (1) Shrub Vegetation growth must not encroach upon the plane of a public sidewalk or street. (2) Tree branch growth must be maintained at a height no lower than eight (8) feet over a public sidewalk and not less than fourteen (14) feet over the travel lanes of a street or alley. (3) To ensure the safety of motorists on adjacent streets, sight distance triangles must be maintained to protect visual clearances as required by the Traffic Engineer. (4) Branches, trees, and shrubs and other vegetation must not obscure street name signs or official traffic control devices. (5) Branches or trees that are broken, hanging, decayed or otherwise defective in any way that threatens public property or the safe use thereof must be removed. (b) Nothing in this Division shall be construed as requiring the owner of a private property to trim or remove any trees or shrubs when such trimming or removing is required to prevent interference with City utility lines or City traffic-control devices. It shall be the duty of the City to do any cutting, trimming, pruning or removing of trees or shrubs necessary for the safe use of City utilities or City traffic-control devices and signs, with the exception of street name signs. (c) Should a property owner fail to maintain trees, and shrubs or other vegetation in the manner required by Subsection (a) of this Section, the City Forester may require that such work be done by notice served upon the owner of such property in accordance with § 27-59. Such work must be performed within the time period specified in such notice. (d) If the Traffic Engineer reasonably determines a branch, tree, shrub or other vegetation, or any other object on private property obscures an official traffic control device or traffic or directional sign or view of traffic within a sight distance triangle, or otherwise constitutes a hazard to drivers or pedestrians, the Traffic Engineer may, in his or her reasonable discretion and at the City’s expense, work with the City Forester to immediately remove such obstruction within the public right-of-way without notice to the property owner. -3- Introduced, considered favorably on first reading, and ordered published this 1st day of October, A.D. 2019, and to be presented for final passage on the 15th day of October, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of October, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk -1- ORDINANCE NO. 118, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE FORT COLLINS TRAFFIC CODE AS IT RELATES TO OBJECTS OBSCURING TRAFFIC CONTROL DEVICES WHEREAS, on February 18, 2003, the City Council adopted Ordinance 016, 2003 adopting and separately codifying the Fort Collins Traffic Code (“Traffic Code”); and WHEREAS, Section 114 of the Traffic Code, regarding removal of traffic hazards, states in part that the City’s Traffic Engineer may require a property owner to prune or remove any tree limb or any shrub, vine, hedge or other plant that obscures any traffic control device; and WHEREAS, it has recently come to the attention of City staff that Section 114 of the Traffic Code may conflict with Section 27-57 of the City Code, last updated in 2006, regarding the duty of property owners to prune or remove trees or shrubs; and WHEREAS, Section 27-57 only requires property owners to trim or remove trees or shrubs that obscure street name signs, and says the City will prune or remove trees or shrubs that interfere with traffic control devices; and WHEREAS, the difference between these two Code sections makes it ambiguous whether responsibility to trim trees, bushes and other plants that obscure traffic control devices lies with the citizen or with the City; and WHEREAS, it is critically important for the safety of the transportation system that traffic control devices are clearly visible to motorists; and WHEREAS, the City Council finds that the Traffic Engineer should be able to immediately address any object obscuring a traffic control device; and WHEREAS, City staff is recommending amendments to Section 114 of the Traffic Code and, by a separate ordinance, to Section 27-57 of the City Code to make them consistent and give the Traffic Engineer clear authority to remove, at the City’s expense, any object that is obscuring a traffic control device; and WHEREAS, the City Council finds that such amendments are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. -2- Section 2. That Section 114 of the Fort Collins Traffic Code is hereby amended to read as follows: 114. - Removal of traffic hazards. (1) The Traffic Engineer or other local authority may by written notice sent by certified mail require the owner of real property abutting on the right-of-way of any highway, sidewalk or other public way to trim or remove, at the expense of said property owner, any tree limb, or any shrub, vine, hedge or other plant which vegetation that projects beyond the property line of such owner onto or over the public right-of-way and thereby obstructs the view of traffic, obscures any official traffic control device or otherwise constitutes a hazard to drivers or pedestrians. Such notice shall be personally served upon such person or, if not personally served, conspicuously posted upon the property and also deposited in the United States mail, addressed to the owner of record at the address on the assessment roll of the County Assessor, or at such other, more recent, address as may be available to the City. (2) It is the duty of the property owner to remove any dead, overhanging boughs of trees located on the premises of such property owner that endanger life or property on the public right-of-way. (32) In the event that any property owner fails or neglects to trim or remove any such tree limb, or any such shrub, vine, hedge or other plant vegetation within ten (10) days after receipt of written notice from the City to do so, the City may do or cause to be done the necessary work incident thereto, and said property owner shall reimburse the City for the cost of the work performed. (3) Nothing in this provision shall prohibit the City from enforcing Section 27-57(d) of the Code enabling the City, in its discretion and at the City’s expense, to remove anything that obstructs the view of traffic or official traffic control devices, or otherwise constitutes a hazard to drivers or pedestrians, without providing notice to any property owner. Introduced, considered favorably on first reading, and ordered published this 1st day of October, A.D. 2019, and to be presented for final passage on the 15th day of October, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk -3- Passed and adopted on final reading on the 15th day of October, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk