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Section 26 -8 of the'.'Town Code is repealed.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
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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.
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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
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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
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