(A) Division Fences are permitted within the City of Fairfield, Illinois pursuant to the following regulations as set forth in this subchapter.
(B) When two or more persons have lands adjoining, each of them may make and maintain a just proportion of the division fence between them.
(C) If any person neglects to repair or rebuild a division fence, or portion thereof, on complaint by the party aggrieved to the City Council, and after giving due notice to each party, the City Council or their designee, shall examine such fence, and if they deem the same to be insufficient, they shall so notify the delinquent party, and direct them to repair or rebuild the same within such time as the City Council deems appropriate; or, at the option of the aggrieved party, such determination may be ascertained in an action brought by them before any court of competent jurisdiction.
(D) If a dispute arises between the owners of the adjoining lands concerning the proportion of fence to be made or maintained by either of them, such dispute may be settled by the City Council and in such cases it shall be the duty of the City Council or their designee to distinctly mark and define the proportion of the fence to be made or maintained by each; or at the option of the aggrieved party, such determination may be ascertained in an action brought by them before any court of competent jurisdiction.
(Ord. 22-1108-315, passed 11–8-2022)