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)