ORDER NO. ~=ct374 AP'P'ROVAL OF SIGt-IT DISTANCE F'OLIC:Y On this the ;~~~rd day of October 199il, ~..rpan motion made by Commis>sianer^ Lehman, seconded by Commissioner Lackey, the Ca~_~rt unanimously approved by a vote of 3-0-Qi, to adopt the sight distance policy as s~_tbmitted to tt7e Ca~_~rt. REGULATION OF SIGHT DISTANCES ALONG COUNTY ROADS F'~_rrs~_~ant to the a~~_~thor^ity pr^avided in Tex. Rev. Civ. St at. Ann. art. 67~E-1, S~_rbchapter F fVer^nan S~_~pF,. 1991, the t:er^r^ Ca~_rnty Commissioner^s' Co~_~rt hereby adopts the fallowing Order r^eg~_rlating sight ciistances clang t~~er^r Ca~.~nty Roads, s~.~ch reg~.rlatian to be c~ffer_tive T , 1990. I. DEF:ENITIONS 1.~1 As ~_rsed herein, "sight distance" means the ~_~nimpair^ed view of a motorist at ar^ near the interser_tion of a road with another road, an alley, a driveway, or another-• way intendfsd for Ilse by vehic~_ilar tr^affic. i.~c'. As ~_ised herein, "prohibited abstr~_~ctian" means any obstr~_rctian of sight distance ce~~_-sF?d by vegetation or hose Earth ar any item other than a b~_rilding a•r^ other roan made strl.tGt~_lr^e af=fixed to the gra~..tnd, if the obstr~_~ction constit~_Ftes a tr^affic hazard. IT. ADOF'TlON OF SIGHT DISTANCE REGULATIONS ~'.~1 The I:err Co~_tnty Commissioners' Co~_irt hereby adapts the sight distance restrir_tions far all co~_~nty roads in tSerr Co~_inty, as set a~_~t in the attached diagram, entitled "Sight Restrictions, " attached hereto as Exhibit A, and st_rch Exhibit is hereby locos^parated by refer^ence as if f~_~lly set Earth her-~ein, and is made a par^t hereof for all p~_~rposes. III. F'ROHIPITION OF OPSTRUCTION OF SIGHT DISTANCES x.01 it is a violation of this Or^der far a property owner to permit a prohibited abstr~_tctian of sight distance to exist ar r^emain on any property within t'.er^r Co~_rnty. IV. NOl"ICE OF OWNER 4. ~1 If the tiers Ca~_rnty Ccrmrnissioners' Ca~_rrt determines that prohibited sight distance ot~str^~_tctian exists in vialatian of this Urder^, the Ga~_~r^t shall give written notice of same of the record owner of the property on which the property is located. 4.cc'~~ Sf_lCt} written native shall be sent by r^egistereci mail, ret+_cr^n receipt r^eq+_cested, to the r^ecar^d owner^ of the pr^c}per'ty, and s+_cch entice shall inr_1+_cde the fallotiving: (a) a dEascrzptaon of the abstr^+_cctian and of the location of the abstr+..cction; {b) an Order- req+_ciring that the awner^ take specified meas+_cres to correct the obstr+..tctian; (c) a time limit, eat less tt-+an 14 days, within which the owner m+_~st complete the specifieci meas+_cr^es; and td) a clear statement of the pr^crcess available to a property owner who wishes to object to the removal of the abstr^+_cction, incl+_cding time limits far r-eq+_cesting a hearing and the penalties for non-compliance with an Or^der^ from the Commissioners' Ca+_crt U. HEAR:[NG 5. ~1 A pr-•oper-•ty owner may req+_-est a hearing to contest, or seek clarification ar^ modification of an C7rder iss+_ced p+_cr^s+_cant to Paragraph 4. ~~. S+_cch hearing request m+_cst be made in writing, and m+_cst br? delivered to the w.err Co+..cnty Commissioners' Ca+_crt on or before the expiration of ten {14'c) days ni=ter the date +_-pon which the land owner received notice of the exa.stence of a prohibited obstr+_TCtion. ~. k'c~ li' the property owner req+_cests ~~ hearing on an Or^der i.ss+_ced p+_crs+_cant to Section 4.~~:, above, the t:err County Commissioners' Co+_crt shall halci t~ hearing not Dater than the tenth (1~th) day after^ the date +_~pon which the request far bearing is r^ec:elvk'c~. 0.~~~ After the concl+_csian of the hearing, the I'.er-•r Ca+_cnty Cornrnissiont~rs' Co+..trt shall make s+..tch written Orders as it finds to be appropriate +_tnder ttre circ+_~mstances. L+Z. t7Et*10VAL_ OF O~STRUCTi0r~1 Ah1D ASSESShIENT Off' CCISTS 6. ic'~1 if •L-t7e owner does not comply with the written Order iss+.ced by the Fierr Co+_cnty Cammissioner•s' Co+_crt within the time limits set by s+_cc_•h Clrcier, the Co+..crt may, after notice and the expiratioT~ of the time permitted far a hearing request, r'emaVe, da.5pa5e of, ar" Cor'r'ect ttlE? abstr^+_lGtlaTl and c"i55e5'i the r_•cist=.> inc+_crr^ed by the Co+_-r~ty in removing, disposing af, ar correcting the obstrc_cction against the owner oi= the proper^ty +_cpon which the obstr+_cction was locaated. E~.+Z~;=' if the person assessed casts +_cnder this sec_•tion does not pay the co=ats wittZin sixty t60) days after the date of assessment, a lien it7 favcar^ of tFie cocrnty attar_hes to the pr^aperty fram which the obstr+_~cticrn was r^emoved or-• corrected to sec+_cre the payment of the cost<.a and interest accr+_cing at an ann+_cal rate of ten percent tip°f.) on any +_cnpaid part of the Ca 5t 5. VI i. PENALTY I.~i In adciition to the civil r^ecover'y oi= casts pr^ovided for above, any V].Ulatlon of an Or^der to remove a prohibited obstr+_rctian is a Ciass C misdemeanor^, p~_+nishable by a fine of +_~p to ~~~~.~~ per violatian. 7.~c~~_ Eac:h day that an obstr^+_~ction CaTlt].T1+_le5 to e>' Ca+_~r^t i.nc~rrs casts in rem~3ving saici obstr+_iction, the val~_ie d~_~e to owner for loss of the val+_te of the obstr+_u_tion, if any may be s+_rbtracted fr^om the ~.~mo+..~nt d+_+e fram the owner to !',err Ca~_inty far' the Ca~_~nty° s casts of removal. IX. SAVINGS PROVISION 9.~` In the event that tk7e provisions of this Order^ conflict with an arciinance of any m+..rnicipality located in N:er^r Cot.~nty, or with any r~_~le of a state agency relating to billboards ar-~ advertising, then s+_rch ether ordinance ar r~_ile or^ pravisian shall take precedence over this Order, and this C]rder shall be of no for^ce ur^ effect with respect to sight distance abstr+_~ctians cantrolled by s+_rch ar'dlnallCE?5 ar-• r-•~.il~s. COMMISSIGi~ERS' COURT AGENDr~ REQUEST * PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Franklin Johnston. P.E. Leonard Odom, Jr. OFFICE: Road & Bridge Department MEETING DATE: October 23. 1995 TIME PREFERRED: SUBJECT:(PLEASE BE SPECIFIC}: Consider Sight Distance Policy EXECUTIVE SESSION REQUESTED: YES NO XX PLEASE STATE REASON: Consider accepting Policy as written by County Attomev ESTIMATED LENGTH OF PRESENTATION: 10 minutes PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston. P.E. Time for submitting this request for Court to assure that the matter is posted in accordance with Article 6252-17 is as follovvs_ Meetings held on first Monday: 5:00 P. M. previous Tuesday Meetings held on Thursdays: 5:00 P. M. previous Thursday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: CcD All Agenda Requests will be screened by the County Judges Office to determine if adequate information has been prepared for the Court's forma! consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your ^request being addressed at the earliest opportunity. See Agenda Request Guidelines. .~ U ~ e~'f REGIILATION OF SIGHT DISTANCES ALONG COUNTY ROADS Pursuant to the authority provided in Tex. Rev. Civ. Stat. Ann. art. 6702-1, Subchapter F (Vernon Supp. 1995), the Kerr County Commissioners' Court hereby adopts the following Order regulating sight distances along Kerr County Roads, such regulation to be effective , 1995. I. DEFINITIONS 1.01 As used herein, "sight distance" means the unimpaired view of a motorist at or near the intersection of a road with another road, an alley, a driveway, or another way intended for use by vehicular traffic. 1.02 As used herein, "prohibited obstruction" means any obstruction of sight distance caused by vegetation or loose earth or any item other than a building or other man made structure affixed to the ground, if the obstruction constitutes a traffic hazard. II. ADOPTION OF SIGHT DISTANCE REGULATIONS 2.01 The Kerr County Commissioners' Court hereby adopts the sight distance restrictions for all county roads in Kerr County, as set out in the attached diagram, entitled "Sight Restrictions," attached hereto as Exhibit A, and such Exhibit is hereby incorporated by reference as if fully set forth herein, and is made a part hereof for all purposes. III. PROHIBITION OF OBSTRUCTION OF SIGHT DISTANCES 3.01 It is a violation of this Order for a property owner to permit a prohibited obstruction of sight distance to exist or remain on any property within Kerr County. IV. NOTICE TO OWNER 4.01 If the Kerr County Commissioners' Court determines that prohibited sight distance obstruction exists in violation of this Order, the Court shall give written notice of same to the record owner of the property on which the property is located. 4.02 Such written notice shall be sent by registered mail, return receipt requested, to the record owner of the property, and such notice shall include the following: (a) a description of the obstruction and of the location of the obstruction; (b) an Order requiring that the owner take specified measures to correct the obstruction; (c) a time limit, not less than 14 days, within which the owner must complete the specified measures; and ^ (d) a clear statement of the process available to a property owner who wishes to object to the removal of the obstruction, including time limits for requesting a hearing and the penalties for non-compliance with an Order from the Commissioners' Court. V. HEARING 5.01 A property owner may request a hearing to contest, or seek clarification or modification of an Order issued pursuant to Paragraph 4.02. Such hearing request must be made in writing, and must be delivered to the Kerr County Commissioners' Court on or before the expiration of ten (10) days after the date upon which the land owner received notice of the existence of a prohibited obstruction. 5.02 If the property owner requests a hearing on an Order issued pursuant to Section 4.02, above, the Kerr County Commissioners' Court shall hold a hearing not later than the tenth (10th) day after the date upon which the request for hearing is received. 5.03 After the conclusion of the hearing, the Kerr County Commissioners' Court shall make such written Orders as it finds to be appropriate under the circumstances. VI. ^' REMOVAL OF OBSTRUCTION AND ASSESSMENT OF COSTS 6.01 If the owner does not comply with the written Order issued by the Kerr County Commissioners' Court within the time limits set by such Order, the Court may, after notice and the expiration of the time permitted for a hearing request, remove, dispose of, or correct the obstruction and assess the costs incurred by the County in removing, disposing of, or correcting the obstruction against the owner of the property upon which the obstruction was located. 6.02 If the person assessed costs under this section does not pay the costs within sixty (60) days after the date of assessment, a lien in favor of the county attaches to the property from which the obstruction was removed or corrected to secure the payment of the costs and interest accruing at an annual rate of ten percent (10~) on any unpaid part of the costs. VII. PENALTY 7.01 In addition to the civil recovery of costs provided for above, any violation of an Order to remove a prohibited obstruction is a Class C misdemeanor, punishable by a fine of up to $500.00 per violation. 7.02 Each day that an obstruction continues to exist in -- violation of an Order to remove a prohibited obstruction constitutes a separate violation for purposes of criminal prosecution. VIII. PAYMENT FOR LOSS OF VALUE 8.01 If the Kerr County Commissioners' Court removes or requires a property owner to remove an obstruction under this regulation, the Court must pay the Owner an amount sufficient to cover the loss of the value of the obstruction, as proved by competent evidence. 8.02 If the Kerr County Commissioners' Court incurs costs in removing said obstruction, the value due to owner for loss of the value of the obstruction, if any, may be subtracted from the amount due from the owner to Kerr County for the County's costs of removal. IX. SAVINGS PROVISION 9.01 In the event that the provisions of this Order conflict with an ordinance of any municipality located in Kerr County, or with any rule of a state agency relating to billboards or advertising, then such other ordinance or rule or provision shall take precedence over this Order, and this Order shall be of no force or effect with respect to sight distance obstructions ~-.. controlled by such ordinances or rules. SIGf RESTRICTION_TRIANGLE ThLs area !s to be Iree of visual obatruation. , \ ~k5`'~ '_ INTERS £CTI023 WITH NO „~ SIGN OR A YIELD SIGN ?~ L AN V S E W u.7 ~,. H W W a F STREET Leo' INTERSECTION WITH A STOP SIGN on corner lots, it is recommended that na wall, fence, or other s,tzucture. or any hedge, tree, shrub, or other growth shall be erected or maintained in any location so as to cause an obstruction of the view of tzaEfic. Traffic signal controlled intersections normally do not have a sight restriction setback area: ~~~~ S '_ ~ ~~, ~~~J ~ ~, ~ Zf you~have a sight restriction on your property, please help prevent an accident by cutting it back. .~ X20 `~ `U (n .. ~ This area is to be free a-- oE"visual obstruction. ~, 1~ ,, ~, ~ 4 `' 'gyn.. ~ ? fi ~ ~ 2op o! curb ,~... E=,,EVA'T= ON N.x~. ~.x N" l3 -T" ~ KE~R. COUNTY ROAD & BRIDGE DEPARTMENT 4010 San Antonio Highway, Kerrville, Texas 78028