Ord 1525-REGULATING THE HEIGHT OF FENCES, WALLS, HEDGES AND SHRUBS NEAR INTERSECTIONSORDINANCE NO. 1525
ORDINANCE OF THE TOWN OF LOS GATOS
REGULATING THE HEIGHT OF FENCES,
WALLS, HEDGES AND SHRUBS NEAR
INTERSECTIONS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION 1.
Ordinance 1469 and Sections 26 -8.1 thru 26 -8.8 of the Town Code are
repealed.
SECTION 2
Sections 26 -8.1 through 26 -8.8 are added to the Town Code, to read:
Section 26 -8.1
Fences, Walls, Hedges and Shrubs Near Street
Intersections
No person shall build, or keep in place, a fence, wall, hedge or
shrub 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 fence, wall, hedge or shrub notwithstanding
the provisions of Section 26 -8.1. The Director may issue the permit
only if he finds that the proposed or existing fence, wall, hedge or
shrub 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 determination
that any fence, wall, hedge or shrub which is over three feet high and
is in a traffic view area is a hazard because it blocks the view of or
by motorists, bicyclists, or pedestrians, he shall notify the property
owner and the principle occupants of the property of his intention to
hold a hearing to determine whether the fence or wall must be removed
or the hedge or shrub must be trimmed or 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 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 to
present evidence, the Director of Public Works shall determine whether
a hazardous condition exists. If the Director of Public Works
determines that the fence, wall, hedge or shrub constitutes a traffic
hazard, the property owner shall remove, modify, or trim it as
required by the Director.
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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.
SECTION 3
This Ordinance takes effect 30 days after the date it is adopted. Within
15 days after this ordinance is adopted the Town Clerk shall cause it to be
published once in a newspaper of general circulation published and circulated
in the Town.
This Ordinance was duly and regularly introduced at a regular meeting of
the Town Council of the Town of Los Gatos on the 16th day of February, 1982.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos held on lst day of March , 1982 by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, Marlyn J.
Rasmussen, Brent N. Ventura and Peter W. Siemens
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLERIC OF THE TOWN OF LOS G OS
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