(a) Any
person granted a license as provided for in division 2 of this article
shall maintain the premises used in the operation and maintenance
of such business in a good state of repair and cleanliness. The property
and premises on which such business is conducted shall be enclosed
to the fullest extent necessary to the effective accomplishment of
the aforesaid public purposes by a board, brick, block, or chain-link
with lattice stripped fence not less than six (6) feet in height.
Any boards used for this purpose shall be of a width not less than
four (4) inches and spaced not more than one-half inch apart. Any
wooden fence shall be kept neatly painted and any redwood or cedar
fence need not be painted. Screening by vegetation that could be removed
from adjacent undeveloped or partially developed properties when such
property is developed is not considered as screening from view. Existing
on-site vegetation, demonstrating significant visual screening capabilities
and as approved by the director of planning, shall fulfill the requirements
of this section. No scrap or salvage of any character; or wrecked,
stored, or disassembled automobiles, trucks, tractors, or machinery;
or worn-out, wrecked, or abandoned trucks, automobiles, tractors,
stoves, refrigerators, or machinery; or scrap or salvage parts; or
scrap, salvage, or stored machinery of any kind, shall be allowed
to remain outside such fence or shall be allowed to be stacked to
a height greater than the height of such fence. Entrance to such enclosure
shall be by means of an opening not to exceed sixteen (16) feet in
width and provided with a gate or gates constructed in harmony with
the style of the fence and not to exceed sixteen (16) feet total width
(or eight (8) feet width each side). Such gate or gates shall remain
closed except when depositing or removing any material mentioned in
this section.
(b) The director of city planning is designated as enforcement officer of subsection
(a) of this section.
(Ordinance 1436 adopted 7/28/09)
At the discretion of the city council, and upon recommendation
of the public health officer, exception may be made to the provision
of this article requiring the premises to be fenced on one (1) or
more sides where application is made to the city in writing and it
is shown that the granting of the exception will not violate the purpose
and intent of this article and that undue hardship will be suffered
by the operator unless such exception is granted. When application
for exception is made, a public hearing before the city council will
be set by the city clerk at the earliest meeting of the city council
after such application is received. Notice of such hearing shall at
the sole cost and expense of applicant be published at least once
in a newspaper distributed in the city. The first notice shall be
published not less than ten (10) days prior to such hearing date.
(Ordinance 1436 adopted 7/28/09)