Chapter 17.54
FENCES

Sections:

17.54.010    Defined.

17.54.020    Permit requirements.

17.54.030    Fire or vehicle hazard prohibited.

17.54.040    Appeal.

17.54.050    Appeal to council.

17.54.060    Temporary or construction fences.

17.54.070    Penalty for violation.

17.54.080    Permit fee.

17.54.010 Defined.

The term “fence” as used in this chapter, includes the following materials: wood, masonry, metal and other permanent materials, but does not include living plants. (Ord. 955 § 14, 2011; Ord. 711 § 1, 1991; Ord. 112 § 1, 1957; Ord. 64 § 4A, 1951)

17.54.020 Permit requirements.

A. The planning department shall issue fence permits, upon application from the property owner, in the following instances:

1. Between that portion of any private property in front of the setback line established by the zoning ordinance or other ordinances of the city, and that portion in front of the front line of any residence or other principal building now erected on any private property, to a maximum height of three feet six inches;

2. On that part of the property back of the front line of any building or capital building now on the premises, to a maximum height of eight feet; provided, that the top two feet of the fence be made of lattice or other open material;

3. On corner lots, the fence shall be set back at least five feet from the property line on that side of the lot which has the greatest length along the street.

B. Alternative locations, height, and material for fences shall be approved by the planning commission. (Ord. 711 § 2, 1991; Ord. 64 § 1, 1951)

17.54.030 Fire or vehicle hazard prohibited.

The building inspector shall not grant a permit for the erection of any fence or structure in the nature of a fence which constitutes a fire hazard either of itself or in connection with the existing structures in the vicinity, nor which will interfere with the access in case of fire by the fire department to buildings in the vicinity or which will constitute a hazard to street traffic or to pedestrians, including the hazard resulting from motor vehicles crossing streets by private driveways. (Ord. 64 § 2, 1951)

17.54.040 Appeal.

A. Any person, firm or corporation to whom a permit for the erection of a fence under the terms of this chapter has been refused by the building inspector, shall have an appeal to the city planning commission from such refusal.

B. Such appeal shall be in writing, and shall state the name of the owner of the property involved, and shall contain a sufficient description of the property to enable it to be identified upon the city maps, and shall state the ground of such appeal.

C. Such appeal shall be taken within fifteen days after the refusal of the building inspector to grant a permit.

D. In the event that no appeal is taken within the time provided in this chapter, the ruling of the building inspector upon such appeal, the ruling of the city planning commission, after hearing such appeal, shall be final and conclusive unless an appeal be taken to the council as in Section 17.54.050. (Ord. 64 § 3, 1951)

17.54.050 Appeal to council.

An appeal may be taken to the council from the action of the city planning commission. Such appeal must be in writing and shall be taken within fifteen days from the refusal of the commission to grant a permit. Appeals to the council shall be in the same form as appeals to the commission. The ruling of the council upon such appeals shall be final and conclusive. (Ord. 64 § 3A, 1951)

17.54.060 Temporary or construction fences.

Nothing contained in this chapter shall be deemed to interfere with the erection of temporary fences around construction works, erected or maintained pursuant to building ordinances of the city. (Ord. 64 § 4, 1951)

17.54.070 Penalty for violation.

Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than five hundred dollars or by imprisonment of not more than six months, or by both such fine and imprisonment. (Ord. 64 § 6, 1951)

17.54.080 Permit fee.

The application fee may be established and changed from time to time by city council resolution. (Ord. 711 § 3, 1991)