Chapter 15.156

FENCES

Sections:

• 15.156.010 Legislative findings and purpose.

• 15.156.020 Standards.

• 15.156.030 Nonconforming fence regulations.

• 15.156.040 Abatement of nonconforming fences.

• 15.156.050 Notice to owner.

• 15.156.060 Failure to obey notice.

The city council finds that it is necessary for the public welfare to impose standards to improve and preserve the aesthetic quality of fences in residential neighborhoods. (Prior code §

61.18.1801)

A. Permitted Materials. A fence may be constructed of permanent material, such as wood, chain link, stone, rock, concrete block, masonry brick, brick, decorative wrought iron or other material approved by the urban design manager.

• B. Prohibited Materials. Fencing materials prohibited include, but are not limited to, the following:

1. Cast-off, secondhand, or other items not originally intended to be used for constructing or maintaining a fence.

2. Plywood less than five-eighths inches thick, plywood not of a grade approved by the urban design manager, particle board, paper, and visqueen plastic, plastic tarp, or similar material.

3. Concertina wire, serpentine wire, barbed wire, razor wire, and other similar fencing materials capable of inflicting significant physical injury, except as permitted in the Planning and Development Code.

C. Maintenance. All fences shall be properly maintained so as not to create a hazard, public nuisance, or blight in the surrounding neighborhood. (Ord. 2017-0061 § 2; Ord. 2013-0021 § 84; prior code § 61.18.1802)

A. "Nonconforming Fence" Defined. For purposes of this chapter, "nonconforming fence" means a fence that does not comply with provisions of this chapter as of its effective date.

• B. Continuation and Maintenance. A nonconforming fence may be continued, and may be maintained, except as provided in this chapter or otherwise provided by law.

C. Maintenance or Repair of Existing Nonconforming Fence. Maintenance or repair, including structural repairs, may be made to any nonconforming fence or portions thereof if the repairs do not result in a different condition of nonconformity, or if the repairs bring the fence into compliance with this chapter.

D. Reconstruction of Damaged Nonconforming Fence. A property owner may reconstruct a nonconforming fence damaged by fire or other calamity if the reconstructed fence is in conformity with this chapter.

• E. Removal of Worn Nonconforming Fence. If because of normal wear and tear a nonconforming fence is no longer fully upright or is no longer serviceable, the property owner either shall remove it or shall replace it with a new fence in conformity with this chapter. (Prior code § 61.18.1803)

Whenever the code enforcement manager determines that a nonconforming fence constitutes a nuisance as specified in Section 8.04.100(E) of this code, he or she may order either that the property owner remove the nonconforming fence or bring it into compliance with this chapter. (Prior code § 61.18.1804)

A. The owner(s) of any property on which exists a nonconforming fence found to constitute a nuisance as specified in Section 8.04.100(E) of this code shall be notified in writing either by certified mail, postage prepaid, return receipt, or by personal service. If after several attempts, the owner cannot be served by certified mail or personal service, then the code enforcement manager may make service by publication in a Sacramento newspaper of general circulation.

B. Upon receipt of the notice either to remove the nonconforming fence or bring it into compliance with this chapter, or upon ten (10) days after publication of the notice, the owner(s) shall have thirty (30) days to comply. (Prior code § 61.18.1805)

Upon expiration of the time period set forth in Section 15.156.050(B) of this chapter, and the failure of the owner(s) to comply with the notice to remove the fence or bring it into conformity with this chapter, the code enforcement manager may issue a hearing notice pursuant to the procedures set forth in Section 8.04.120 of this code. The abatement procedures set forth in Chapter 8.04 of this code shall apply. (Prior code § 61.18.1806)

Title 17 PLANNING AND DEVELOPMENT CODE Chapters: Division I General Provisions 17.100 Title, Purpose, and Authority 17.104 How to Use the Planning and Development Code 17.108 Definitions 17.112 Enforcement Division II Zoning Districts and Land Use Regulations 17.200 Agriculture and Open Space 17.204 Single-Unit and Duplex Dwellings 17.208 Multi-Unit Dwellings 17.212 Residential Mixed Use 17.216 Commercial, Office, and Mixed Use 17.220 Industrial and Manufacturing 17.224 Miscellaneous 17.228 Special Use Regulations 17.232 Nonconforming Uses Division III Overlay Zones 17.300 Overlay Zones Generally 17.312 Executive Airport Overlay Zone (EA-1 Through EA-4) 17.332 Parkway Corridor (PC) Overlay Zone 17.336 Solid Waste Restricted (SWR) Overlay Zone 17.340 TO Zone-Transit Overlay Division IV Special Planning Districts and Planned Unit Developments 17.400 Special Planning Districts Generally 17.404 Broadway-Stockton Special Planning District

17.408 Folsom Boulevard West Special Planning District 17.409 Folsom Boulevard East Special Planning District 17.412 McClellan Heights and Parker Homes Special Planning District 17.416 Northgate Special Planning District 17.420 Alhambra Corridor Special Planning District 17.424 Del Paso Boulevard/Arden Way Special Planning District 17.428 Del Paso Nuevo Special Planning District 17.432 Sacramento Army Depot Special Planning District 17.436 River District Special Planning District 17.440 Railyards Special Planning District 17.442 Entertainment and Sports Center Special Planning District

17.444 Central City Special Planning District 17.448 Freeport Special Planning District 17.452 Planned Unit Development Regulations Division V Infrastructure Design and Improvement Standards

17.500 Design Standards for Subdivisions 17.502 Street Dedication and Improvement Requirements for Building Permits 17.504 Improvement Requirements for Subdivisions 17.508 Driveways 17.512 Parks and Recreation Facilities 17.516 Bridges and Major Thoroughfares Division VI Architectural Design and Site Development Standards, Design Review Districts, Historic Preservation, and Registered House Plans 17.600 Architectural Design and Site Development Standards, Design Review Districts, and Registered House Plans 17.604 Historic Preservation 17.608 Parking Regulations 17.612 Landscaping and Paving Regulations 17.616 Recycling and Solid Waste Disposal Regulations 17.620 Wall, Fence and Gate Regulations 17.624 Residential Accessory Structure and Use Regulations Division VII City-Wide Programs 17.700 Transportation Systems Management Program 17.704 Density Bonuses 17.706 Green Building Bonuses for Nonresidential Buildings 17.712 Mixed Income Housing 17.716 Residential Condominium Conversion and New Construction Program 17.718 Commercial Condominium Program 17.720 Surface Mining and Reclamation 17.722 Urban Agriculture Incentive Zone Division VIII Administrative Matters 17.800 Applications and Fees 17.804 Requests for Reasonable Accommodation Under the Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act 17.808 Permits and Legislative Change Requests 17.810 Floodplain Management Findings 17.812 Review Procedures 17.816 Maps Generally 17.820 Lot Line Adjustments 17.824 Merger of Parcels 17.828 Tentative Maps 17.832 Final and Parcel Maps 17.836 Master Parcel Maps 17.840 Vesting Tentative Maps 17.842 Tentative Map Design Deviation 17.844 Post-Tentative Map Design Deviation 17.848 Surveys and Monuments 17.852 Improvement Plans and Permits 17.856 Reversion to Acreage 17.860 Ministerial Approval for Infill Housing Projects 17.864 Ministerial Approval for Two Dwelling Units on a Lot and Urban Lot Splits 17.868 Ministerial Approval of Development Projects of 10 or Fewer Dwelling Units on Urban Lots 17.876 Low Barrier Navigation Centers

17.880 Supportive Housing Division IX Administration of General Plan and Planning and Development Code 17.900 General Plan Adoption and Amendment 17.904 Specific Plans 17.908 Transit Village Plans 17.912 General Plan Consistency Reviews 17.916 Planning and Development Code Amendments