a. On all corner lots at public street intersections in any area zoned as residential there shall be no fence, wall, hedge or other landscaping higher than three feet, nor any obstruction to vision other than a post, column or tree not exceeding one foot in its greatest cross-sectional dimension between a height of three feet and a height of ten feet above the established grade of either street within that triangular area (unobstructed sight triangle) formed by the lot lines on the street side of such lot and a diagonal line joining points located at distances from the point of their intersection as enumerated in the following table:

b. At all public street intersections in all areas not zoned as residential, there shall be no landscaping higher than three feet, other than a post, column or tree not exceeding one foot in greatest cross-sectional dimension between a height of three feet and a height of ten feet above the established grade of either street within that triangular area (unobstructed sight triangle) formed by the lot lines on the street side of such lot and a diagonal line joining points on such lot lines located at distances from the point of their intersection as provided in subparagraph (a) above. These restrictions shall not apply to structures otherwise permitted by the Zoning Ordinance.

c. At intersections where over-width right of way exists, the measurement for the unobstructed sight triangle at public street intersections shall be measured from a point seven feet from the back of curb. The unobstructed sight triangle shall be formed by two separate lines parallel to the street property lines, which are offset 7 feet from the back of the street curbs, and joined by a diagonal line connecting the two separate lines at the distance defined in the previous table, and as shown in Illustration 1 below. Over-width right-of-way is defined as the width or right-of-way that exceeds the amount required as shown on the street classification map.

d. In the event of any violation of this section, and in addition to the penalty set forth in Section 1-5, Code of the City of Phoenix, the City, at the direction of the Street Transportation Director, is authorized, after giving the owner of the real property fourteen days’ notice, to go upon said real property and to take any action reasonably necessary to effect full compliance with the provisions of this section, and a fee totaling twice the cost thereof shall be charged against the owner of said real property and shall be a lien against the property from which such obstruction is removed.

e. The lien created by this section shall run with the land and the City, in its sole option, may record the lien with the County Recorder.

f. Service of notice. Notice shall be served on the owner, lessee or person occupying such property by the City’s authorized representative by personal service in a manner provided in Rule 4(d) of the Arizona Rules of Civil Procedure, or mailed to the owner, lessee or person occupying such property at his last known address or, if unknown, the address to which the tax bill for the property was last mailed. Such mailed notice shall be certified or registered mail. If the owner does not reside on such property, a duplicate notice shall also be sent to him at his last known address or, if unknown, the address to which the tax bill for the property was last mailed. For service of notice under this section the lessee and the occupant of the property shall each be deemed to be the agent of the owner.

g. An owner, lessee or occupant (hereinafter referred to as appellant) who objects to the notice or to the amount of the charge may obtain a review by filing his objections in writing with the City Auditor Department within the time specified in the notice or no later than thirty days following the day upon which the first billing was mailed to him. The written objection shall include the following:

h. The protest shall be assigned to and considered by a hearing officer permanently assigned to such position within the office of the City Auditor, or a person ("hearing officer") designated by the City Auditor. Such hearing officer or designee shall in no event be an employee of the Street Transportation Department.

If a hearing is not requested, a decision will be made on the protest based on the written evidence submitted.

i. The hearing officer shall provide to the Street Transportation Department a copy of the appellant’s protest and shall request from the Street Transportation Department a response to the issues raised. The Street Transportation Department shall submit to the hearing officer, and to the appellant, a written response to the hearing officer’s request within thirty days of receipt of such request.

j. Upon receiving a written request for an extension of time at any time prior to a deadline in this section, the hearing officer shall be empowered to grant extensions of time.

k. A hearing, if requested, shall be scheduled as soon as practicable after the response in subsection (h) is submitted. The conduct of the hearing will be in accordance with rules and procedures established by the City Auditor. Hearings shall be conducted informally and the rules of evidence shall not apply, except that the decision of the hearing officer shall be made solely upon substantial and reliable evidence. The appellant shall have the opportunity to appear with witnesses and counsel to present information on behalf of the appellant. All expenses incurred in the hearing, including counsel fees, witness fees, mileage, reproduction of documents, and other similar costs, shall be borne by the party who incurred them.

l. After the hearing on the matter, the hearing officer shall, within thirty calendar days, make a written determination on the evidence presented. The determination shall consist of findings of fact and the disposition of the dispute.

m. The hearing officer shall be empowered to make a final decision as to the validity of the appellant’s objection. If the hearing officer determines the appellant’s objection to be valid, the officer shall be empowered to make an appropriate adjustment to the appellant’s bill or notice. The determination of the hearing officer shall be final and conclusive between the City and the appellant as to the objection submitted for determination. If the hearing officer determines that an amount is due from the appellant to the City, the amount shall be immediately due and payable upon issuance of the written determination provided in subparagraph (k). (Code 1962, § 35-10; Ord. No. G-2094, § 1; Ord. No. G-3077, § 1; Ord. No. G-3313, § 1; Ord. No. G-4736, § 1(Exh. A), 2005)