ORDINANCE NO. 447-2018

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEED AMENDING CHAPTER 16.40 IN REGARD TO FENCES

The City Council of the City of Weed does ordain as follows:

Section 1. Sections 16.40.075, 16.40.076, 16.40.077, and 16.40.078 are hereby added to Chapter 16.40 of the Weed Municipal Code to read as follows:

Sections:

16.40.075 – Existing fences

16.40.076 – Repairs to existing fences

16.40.077 – Dilapidated fences

16.40.078 – Amortized existing fences

16.40.075 – Existing fences. Fences which were already in lawful existence as of the effective date of the original adoption of this Chapter 16.40 may remain in place unless the city manager or his or her designee determines that, by nature of their design or physical condition, they constitute an immediate hazard to the public safety, in which case they may be considered to be a public nuisance and can thereupon be remedied according to this Code.

16.40.076 – Repairs to existing fences. Fences which were already in lawful existence as of the effective date of the original adoption of this Chapter 16.40 may, upon the issuance of a Fence Permit, be repaired according to their original design and materials unless the City Building Official's estimate of the fair market cost of the labor and materials for such repairs exceeds 25% of his or her estimate of the fair market cost to replace the same length of the existing fence with a fence utilizing a design and materials that would be permitted under this Chapter, in which case the existing fence may not be repaired, but must instead be promptly replaced with a fence utilizing a permitted design and materials upon the issuance of a Fence Permit for the same. In making the estimates required by this section, the Building Official may rely upon the estimates of fence contractors and/or his or her own knowledge.

16.40.077 – Dilapidated fences. Any fence which the city’s building official determines to have been in disrepair due to any cause, including but not limited to age, normal wear, or damage, may be ordered by the building official to be repaired, consistent with the provisions of Section 16.40.076.

16.40.078 – Amortized existing fences. Within ten (10) years after the effective date of the original adoption of this Chapter, all fences within the city shall either be replaced utilizing a design and materials permitted by this Chapter, or modified to the satisfaction of the building official so as to mitigate any adverse elements of the design or materials, consistent with the provisions of Section 16.40.076.

Section 2. The city attorney is hereby authorized to prepare a summary of the ordinance as required by Government Code Section 36933.

Section 3. The city clerk is hereby authorized to publish the summary and post certified copies of the full text of the proposed and then adopted ordinances as required by Government Code Section 36933.

Section 4. This ordinance shall take effect and be in force thirty (31) days after its passage.

Section 5. This ordinance shall be published in the Weed Press, a newspaper of general circulation in the City of Weed, within fifteen (15) days after its passage.

I HEREBY CERTIFY the foregoing ordinance was introduced for first reading at a regular meeting of the City Council of the City of Weed held the 12th day of April, 2018, and thereafter adopted at a regular meeting of said Council held the 10th day of May, 2018 by the following vote to wit:

AYES: Council Members Green, Greene, Hall, Palfini, and Tavalero

NOES: None

ABSENT: None

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