[Ord. No. 2730 §1, 8-3-2010]
For the purposes of this Article, the following term shall have
the meaning indicated below:
A structure, partition or wall erected for the purpose of
enclosing or separating land or for the purpose of providing shade
or privacy screening. Shrubs, hedges, trees and other plant material
shall not be considered a fence.
[Ord. No. 2730 §1, 8-3-2010]
No person shall erect or maintain any fence on, along or adjacent
to any public roadway which affects the public health, safety and/or
welfare by the obstruction of vehicular or pedestrian traffic or their
sight lines. Any such fence so located is hereby declared to be a
nuisance. For the purpose of this Article, the roadway right-of-way
shall be presumed to extend a distance of ten (10) feet from any lot
line adjacent to any street or highway in the City of Pacific and
on which vehicular travel occurs. No use of any public property for
any infrastructure of any kind shall be permitted without express
written authority from the City.
[Ord. No. 2730 §1, 8-3-2010]
A.
Upon
proper notice the owner and/or occupant of any private property whereon
the nuisance is situated shall be jointly and individually liable
for its removal and disposition. In such event the owner and occupant
of any private property whereon the nuisance is situated shall be
jointly and individually liable for expenses incurred.
B.
The City shall perform the same duties and have the same powers and rights and shall give the same notices as are provided pursuant to Article III of this Chapter.
C.
In addition to the remedial provisions set forth in this Section and in order to protect, promote and preserve the public health and safety, it is hereby declared that any person failing to comply with the provisions of this Section shall be deemed to be in violation of this Article and shall be punished upon conviction as provided in Section 100.170 of this Code.
[Ord. No. 2730 §1, 8-3-2010]
If after an owner and/or occupant fails either to abate the
nuisance or show cause why no nuisance exists within the time allowed
as provided herein, the City may immediately thereafter enter upon
the property to remove and dispose of such nuisance. Any costs incurred
by the City in so doing may be taxed against the owner or owners and
the property as a special tax bill and a lien placed upon the property.
It shall be unlawful for any person to interfere with, hinder or refuse
to allow the City to enter upon private property for the purpose of
removing the nuisance as provided herein.
[Ord. No. 2730 §1, 8-3-2010]
Any person aggrieved by a decision of the City or any official thereof pursuant to the authority in Articles II, III or IV herein may file an appeal pursuant to Chapter 155 of the City Code to the extent subject to the scope therein, provided that nothing in such appeal shall limit the authority of the City to abate any nuisance pending such appeal.
