It is unlawful for any person to construct, erect, alter or move any fence on any private or public property in the city without first obtaining a permit therefor from the City Building Inspector. The provisions hereof shall not apply to work performed by the city or pursuant to a contract let by the city.
(1994 Code, § 15.20.010) Penalty, see § 10.99
The application for the permit shall be on a form prescribed and issued by the City Building Inspector. The application shall be accompanied by a plot plan or similar type drawing showing the specifications and dimensions of the proposed fence and the placement of the fence on the subject property.
(1994 Code, § 15.20.020)
The following fees shall be charged for the issuance of a fence permit, which fees shall be the only charge made therefore and the inspections thereunder:
Value | Fee |
(Cost of labor and materials) | |
$1 to $1,000 | $ 7.50 |
$1,001 to $3,000 | $15 |
$3,001 to $5,000 | $30 |
$5,001 and above | $45 |
(1994 Code, § 15.20.040) (Ord. 82-103, passed 1982)
All open property in the city which is used for the purpose of storing, processing or fabricating junk, farm chemical or other chemical products, petroleum products, building materials, farm, automotive or construction equipment or implements, or any substance, material or implement which by any statute or regulation is deemed to be inherently dangerous or extra hazardous shall be completely enclosed by a solid board, chain link or wire strand fence not less than five feet in height and otherwise designed and maintained to prevent the free access of the public.
(1994 Code, § 15.20.050)
(A) Swimming pools shall be entirely enclosed by fences or walls, in accordance with the specifications and standards of this chapter.
(1994 Code, § 15.20.060)
(B) Where a fence, building or wall is required around a swimming pool, it shall be constructed in accordance with the following standards.
(1) The fence or structure surrounding the pool shall not be less than five feet nor more than six feet in height with no openings therein other than doors or gates, larger than six inches in any dimension; provided, however, that, if a picket or similar fence is erected or maintained, the horizontal dimension of the openings, other than the gates or doors shall not exceed four inches.
(2) The design and structural features shall be consistent with the provisions of the chapter.
(3) All gates or doors opening through the enclosure shall be equipped with self-closing and self-latching devices designated to keep the gate or door securely closed and latched at all times when not in actual use. The self-latching devices shall be located not less than four feet above the underlying ground surface or otherwise made inaccessible from the outside to small children.
(4) Any dwelling or other building on the premises may be incorporated in and considered as constituting a portion of the required enclosure.
(5) Pools which serve more than one residential property shall have the pool area separately fenced in a manner which will prevent access to the pool through a gate or door serving other than the pool area.
(6) Doors and other openings from any occupied dwelling (as distinguished from a garage) into the required enclosure need not be equipped with self-closing or self-latching devices.
(7) A
SWIMMING POOL is defined as any permanent body of water, which is 18 inches or more in depth at any point, and is designed or used for swimming, wading or bathing. All fencing, with gates, must be in place when the pool is filled with water.
(1994 Code, § 15.20.070)
(8) Swimming pool enclosures shall not be required when either of the following conditions apply:
(a) There exists a natural barrier restricting physical access to the swimming pool that is essentially equivalent in effect to the required enclosures as determined by the Director; and/or
(b) The parcel is under one ownership of at least 20 acres and the swimming pool is located a minimum of 300 feet from any property line.
(1994 Code, § 15.20.080) (Ord. 93-109, passed - -1993)
In order that the provisions of this chapter may be reasonably applied in instances where practical difficulties are apparent or unnecessary hardship will result from carrying out the strict letter hereof, or in cases where the applicant deems himself or herself aggrieved, appeal may be made to the City Council, and the Council shall have the power to vary, by resolution, the mandatory provisions hereof, or to modify or reverse the decision of the City Building Inspector or his or her authorized agents in any specific case in the manner that substantial justice is done and the spirit and purpose of this chapter is upheld. The appeal shall be made in writing to the Council by filing with the City Clerk a written notice of the appeal, setting forth specific grounds or basis thereof. The notice must be filed within 30 days after the action appealed from. The City Clerk shall forthwith set the matter for hearing before the Council and cause notice thereof to be given to the applicant not less than five days prior to the hearing. At the hearing, the applicant shall show cause, on the grounds specified in the notice of appeal, why the action excepted to should not be approved. The City Council may continue the hearing from time to time, and its finding on appeal shall be final and conclusive in the matter. Any permit authorized by the City Council pursuant to the procedure outlined in this section which in any manner allows a fence to interfere with or encroach on public property or easements shall contain the following condition:
This permit has been issued pursuant to Resolution No. of the City of San Joaquin. It has authorized you to build a fence that interferes with and/or encroaches on public property or easements. Therefore this permit is issued on the condition that the City Council of the City of San Joaquin may determine by resolution that the public need or convenience require the termination of the interference and/or encroachment, in which event on written demand by the City, the fence will be moved or modified by your or your successors in a manner that will cause the interference and/or encroachment to cease. Failure to comply with the written demand within 15 days of the mailing thereof to the owner of the property on which the fence is appurtenant as the owner's name and address appear on the last equalized assessment roll shall constitute the fence a public nuisance subject to the abatement and assessment procedures authorized by the California Government Code relating to cities.
(1994 Code, § 15.20.090)
Any fence constructed, erected, altered or moved in violation of the provisions of this chapter or any permit issued hereunder or any property which is not fenced in accordance with the requirements of § 151.05 shall constitute a public nuisance.
(1994 Code, § 15.20.100)