Chapter 9.170 — REGULATION OF PERIMETER WALLS

For purposes of this chapter, the following words and phrases shall have the meanings set forth below:

"Approved condition" means the condition, including the form, building materials, color, size and height, in which the perimeter wall was approved by the appropriate governmental agency.

"Perimeter wall" means those fences and walls which abut a residential neighborhood and separate a residential neighborhood from streets and rights-of-way and public or private open space, and which separates a residential neighborhood from a commercial development or other nonresidential property or facility. (Ord. 176 § 1, 2007)

No person or persons shall remove, change, deface, destroy or otherwise alter a perimeter wall, except to return the perimeter wall to its approved condition, without a permit therefor issued by the Planning Commission or the City Council on appeal. Any person or persons violating any provision of this chapter shall be guilty of a misdemeanor and subject to punishment in accordance with Section 1.01.200 et seq., of this Code.

(Ord. 176 § 1, 2007)

Any person or persons seeking to remove, change, repair, or otherwise alter a perimeter wall, other than to return the same to its approved condition, shall first obtain a permit from the City. The Director of Community Development shall develop forms appropriate to determine the scope of any such alteration or repair which such form shall be completed by the applicant. Thereafter, the Director of Community Development shall cause an investigation of the history of the perimeter wall to ascertain such wall's approved condition. The investigation of the Community Development Director shall be summarized as a report to the Planning Commission or the City Council on appeal indicating what changes or alterations are sought by the applicant and how the changes or alterations differ from the perimeter wall's approved condition. (Ord. 176 § 1, 2007)

Once the Community Development Director has completed the investigation and report on the application, the Director shall schedule the matter for consideration by the Planning Commission or the City Council on appeal at the earliest possible date authorized by law. Such consideration by the Commission/Council does not require a public hearing to be held, but the applicant shall be provided notice of the date, time, and location where the Commission/Council will consider the application. The applicant shall be allowed to present his/her/their views on the matter. After consideration by the Commission/Council, the Commission/Council may approve, conditionally approve, or deny the application for a permit. The City Council's determination on the matter shall be final and conclusive. (Ord. 176 § 1, 2007)

In addition to any criminal or other civil liability which may result from violating any of the provisions of this chapter, any such violation shall also be deemed to be a public nuisance and subject to abatement in accordance with Chapter 6.14 of this Code and any other provision of law authorizing the abatement of nuisances.

(Ord. 176 § 1, 2007)