Soledad Municipal Code Ch. 15.12 Fence Construction and Maintenance

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 as provided in Section 17.36.010b and approved by the building department.

(Ord. 575 § 2 (part), 2001)

Fencing materials prohibited include, but are not limited to. the following:

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

B. Plywood less than five-eighths inches thick, plywood not of a grade approved by the building official, particleboard, paper, and visqueen plastic, plastic tarp, or similar material;

C. Concertina wire, serpentine wire, barbed wire, razor wire, and other similar fencing materials capable of inflicting significant physical injury, except as permitted in the zoning ordinance.

(Ord. 575 § 2 (part), 2001)

All fences shall be properly maintained so as not to create a hazard, public nuisance or blight in the surrounding neighborhood.

(Ord. 575 § 2 (part), 2001)

The requirements of this chapter apply only to fences located in the front yard; street side yards, and fences abutting parks, alley or other public right-of-way.

(Ord. 575 § 2 (part), 2001)

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.

(Ord. 575 § 2 (part), 2001)

Whenever the city manager determines that a nonconforming fence constitutes a nuisance as specified in Chapter 9.04. of this code, he may order either that the property owner remove the nonconforming fence or bring it into compliance with this chapter.

(Ord. 575 § 2 (part), 2001)

A. The owner(s) of any property on which exists a nonconforming fence found to constitute a nuisance as specified in Chapter 9.04 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 city manager may make service by publication in :L local publication 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 days after publication of the notice, the owner(s) shall have thirty days to comply.

(Ord. 575 § 2 (part), 2001)

Upon expiration of the time period set forth in Section 15.12.070 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 city manager may issue a hearing notice pursuant to the procedures set forth in Chapter 9.04 of this code. The abatement procedures set forth in Chapter 9.04 of this code shall apply.

(Ord. 575 § 2 (part), 2001)