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Ord 1469 - URGENCY ORDINANCE OF THE TOWN OF LOS GATOS REGULATING THE HEIGHT OF FENCES AND WALLS NEAR INTERSECTIONSORDINANCE NO. 1469 URGENCY ORDINANCE OF THE TOWN OF LOS GATOS REGULATING THE HEIGHT OF FENCES AND WALLS NEAR INTERSECTIONS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION 1. Section 26 -8 of the'.'Town Code is repealed. SECTION 2. Sections 26 -8.1 through 26 -8.8 are added to the Town Code, to read: Section 26 -8.1 Fences and Walls Near Street Intersections No person shall build, or keep in place, a fence or wall more than three feet high in a. traffic view area unless he has a permit to do so from the Director of Public Works. Section 26 -8.2 Traffic View Area Defined A traffic view area is the area which is within 15 feet of a public street and within 200 feet of the right of way line of an intersection. Section 26 -8.3 Measurement of Height For the purposes of Sections 26 -8.1 and 26 -8.5, height is measured from the elevation of the top of the curb(or the edge of the pavement if there is no curb). Section 26 -8.4 Permit Issuance On application (made in such manner as the Director of Public Works may provide), the Director of Public Works may issue a. permit to build or keep in place a wall or fence notwithstanding the provisions of Section 26 -8.1. The Director may issue the permit only if he finds that the proposed or existing fence or wall does not block the view of and by.motorists, bicyclists, or pedestrians in a manner that is inconsistent with reasonable safety standards. There is no permit fee. Section 26 -8.5 Existing Fences and Walls If the Director of Public Works makes a preliminary deter- mination that any fence or wall which is over three feet high and is in a, traffic view area. is a hazard because it blocks the view of or by: bicyclists, or pedestrians, he shall notify the property owner and the principal occupants of the property of his intention to hold a hearing to determine whether the fence or wall must be removed. Section 26 -8.6 Notice Notice may be given by personal delivery. If the Director of Public Works elects to give notice by mail, the Director shall allow 72 hours for delivery and shall address the notice to the owner shown on the most recent equalized assessor's roll, unless the assessor has more recent information and makes it available - 2 - to the Director, in which case the Director shall use the later information. At least five days' notice of hearing shall be given, and in the case of mailed notice, the five days is in addition to the time allowed for mailing. Section 26 -8.7 Hearing and Decision After giving the owner and the occupants an opportunity toy present evidence, the Director of Public Works shall determine whether a hazardous condition exists. If the Director of Public Works determines that the fence or wall constitutes a, traffic hazard, the property owner shall remove or modify it as required by the Director. Section 26 -8.8 Appeal An owner or occupant objecting to a determination by the Director of Public Works under the;.provisions of Section 26 -8.7 may appeal the decision to the Town Council within five days of the time when the Director states his decision. Because of the possible emergency nature of proceedings under these sections, formal or written notice of decision is not required to start the time for appeal: any _.notification that would cause a potential appellant, as a. reasonable person, to be aware of the substance of the decision will suffice. - 3 - SECTION 3. The Town Council finds that a. six foot fence recently has been built on the lot at the Southwesterly corner of the intersection of Los Gatos- Almaden Road and Camino Del Cerro. The fence obstructs the view of the drivers of autos westbound on Los Gatos - Almaden Road and the drivers of autos northbound from Camino Del Cerro, and creates an unreasonably dangerous situation, even though the fence was built in compliance with Town ordinances. Therefore, this is an urgency ordinance, and it takes effect immediately. If for any reason the facts or the statements supporting the finding of urgency are finally, judicially determined to be insufficient, the Town Council intends this ordinance to be effective as a regular ordinance of the Town. Therefore, this ordinance is introduced, and readopted as a regular ordinance of the Town, effective 30 days after its second adoption. SECTION 4. The Town Clerk shall cause this ordinance to be published twice, once within 15 days after its initial adoption and once within 15 days after its second adoption, in a newspaper of general circulation pub- lished and circulated in the Town. Introduced as a regular ordinance and adopted as an urgency - 4 - ordinance of the Town of Los Gatos at a regular meeting of the Town Council on May 19 AYES: COLINCILMEMBERS Ruth Cannon, MarLyn J. Rasmussen, Peter W. Siemens, Brent N. Ventura, Thomas J. Ferrito NOES: COLINCILMEMBERS n one ABSTAIN: CDLINCILMEMBERS none ABSENT: COUNCILMEMBERS none SIGNED a.yor, n of Los Gatos ATTEST: Clerk, Town of Los Gatos Adopted as a regular ordinance of the Town of Los Gatos at a regular meeting of theTown Council held on June 2nd., 1980 by the following vote: AYES: COUNCILMEMBERS Ruth Cannon, MarLyn J. Rasmussen, Peter W. Siemens, Brent N. Ventura and Thomas J. Ferrito NOES: COLINCILMEMBERS None ABSENT: COLINCILMEMBERS None SIGNED / Ma yor, of Los Gatos ATTEST: Clerk Town of Los Gatos - 5 -