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File #: 2016-3573   
Type: Ordinance Status: Passed
File created: 6/7/2016 In control: City Council
On agenda: 7/14/2016 Final action: 7/14/2016
Title: Consider an ordinance amending Chapter 46, Sections 46-134 -138, Code of Ordinances (2010 Edition), regarding fence requirements and maintenance. (Second Reading)
Attachments: 1. Ordinance
Title
Consider an ordinance amending Chapter 46, Sections 46-134 -138, Code of Ordinances (2010 Edition), regarding fence requirements and maintenance. (Second Reading)

Body
This item creates requirements for the maintenance and repair of residential fences. Like the trash and recycling container amendment, the genesis of this ordinance stems from a staff review of current ordinance requirements after receiving complaints regarding dilapidated fences that have been in a state of disrepair for years. Currently, the City does not have any requirement for a homeowner to repair or remove such fences, making it legal for a homeowner or tenant to leave them in a poor state or patch them with materials unsuitable for fencing. Some residents have grown concerned about the negative impact this has on neighborhood quality as well as their home value. Staff concurs with these concerns and believes there should be some corrective measure within the code of ordinances to address this issue.

The fence ordinance creates several quantifiable standards and some plain observable standards to determine when a violation occurs, and describes which fences are subject to the regulations. This ordinance will not regulate shared backyard or sideyard fences; it only applies to fences that face streets and certain public facilities. Some regulations include: fences greater than 4 feet in height may not lean more than one foot from the vertical as measured at the top of the fence; fences 4 feet or shorter may not lean more than 6 inches from the vertical; missing components shall be replaced; broken, loose, or rotted components totaling greater than 20 square feet in area over any 50-foot linear section of fence shall be repaired; painted fences shall not peel or rust; and a 60-day window to repair or remove the fence from the time the first legal notice of violation is sent.

Code Enforcement will be responsible for the day-to-day enforcement of the new regulations and will use them...

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