It shall be the duty of the Building Commissioner to see that this subchapter is enforced through the proper proceedings, including legal action.
(A) (1) Any fence lawfully erected prior to the effective date of this subchapter and maintained in conformance with the requirements of this subchapter shall be permitted to continue as a legal nonconforming fence.
(2) No modification shall be made to a legal nonconforming fence, unless the modification serves to make the fence more conforming to the requirements of this subchapter.
(3) Any modification requires the pre-application conference process, as well as, a building permit.
(B) (1) Any unlawfully erected or maintained fence shall be subject to removal under the provisions of State Code and the city municipal code.
(2) The actual expense of removal, including reasonable attorney fees, may be placed as a lien on the property on which the fence was unlawfully erected or maintained.
(C) (1) If a dispute arises between the property owner erecting the fence and any adjacent property owners as to the location of the fence, the Building Commissioner may require the property owner erecting the fence to either:
(a) Show that the fence was erected according to the plat of survey described in § 156.414(D); or
(b) Shall obtain a current land survey from a registered surveyor.
(2) If the parties in the dispute find that the fence has been improperly placed/located, the owner erecting the fence shall be required to move the fence.
(Prior Code, § 156.391) (Ord. 0-02-0009, passed - -2002) Penalty, see § 156.999