Cleveland Advocate - News
Council approves fence ordinance
By ALEX WUKMAN
By a unanimous vote, the Cleveland City Council approved a new ordinance regulating the construction of fences in city limits. The new ordinance, which into effect immediately, regulates the type of materials a fence may be constructed of as well as the fence’s height.
It also prevents anyone from building a fence without first obtaining a permit from the city. The cost of the new permits will be $25.
The ordinance states that “fences may be constructed of materials or products such as chain link, wood planks and boards, masonry, as defined by the building code, and wrought iron or ornamental iron.”
The new ordinance also requires fences constructed of masonry that are located in residential areas to be “finished with a stain, pigment, paint or other surface treatment or material that is consistent with other finishes existing on the primary structure of the property.”
The ordinance gives property owners until January 1, 2010 to bring already existing fences up to code. It states that fences “shall be brought into compliance or removed.” City Councilmember Durlene Davis said that the over one-year period for getting fences in line with the new ordinance was “too long.”
The ordinance also states that “any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as provided by section 1-9 of this [municipal] code.”
The City of Cleveland Municipal Code states in section 1-9 that “the violation of any such provision of this Code or any such ordinance shall be punished by a fine of not exceeding $500 [sic].”
Also outlined in the ordinance is a path for homeowners who feel that they cannot construct a fence that is up to code or bring an already existing fence in line with the provisions of the ordinance. Residents who are seeking a variance have to go to the building board of appeals for a hearing.
According to the ordinance, the board of appeals is able “to authorize such variances from the terms of this article as will not be contrary to public interest.” The ordinance also states that the appeals will be heard “where, owing to special condition, a strict enforcement of the provisions of this article will result in unnecessary hardship.”
Anyone wishing to file an application to be heard by the board of appeals will need to contact city secretary Kelly McDonald. There is a $100 application fee for filing the appeal.
It also prevents anyone from building a fence without first obtaining a permit from the city. The cost of the new permits will be $25.
The ordinance states that “fences may be constructed of materials or products such as chain link, wood planks and boards, masonry, as defined by the building code, and wrought iron or ornamental iron.”
The new ordinance also requires fences constructed of masonry that are located in residential areas to be “finished with a stain, pigment, paint or other surface treatment or material that is consistent with other finishes existing on the primary structure of the property.”
The ordinance gives property owners until January 1, 2010 to bring already existing fences up to code. It states that fences “shall be brought into compliance or removed.” City Councilmember Durlene Davis said that the over one-year period for getting fences in line with the new ordinance was “too long.”
The ordinance also states that “any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as provided by section 1-9 of this [municipal] code.”
The City of Cleveland Municipal Code states in section 1-9 that “the violation of any such provision of this Code or any such ordinance shall be punished by a fine of not exceeding $500 [sic].”
Also outlined in the ordinance is a path for homeowners who feel that they cannot construct a fence that is up to code or bring an already existing fence in line with the provisions of the ordinance. Residents who are seeking a variance have to go to the building board of appeals for a hearing.
According to the ordinance, the board of appeals is able “to authorize such variances from the terms of this article as will not be contrary to public interest.” The ordinance also states that the appeals will be heard “where, owing to special condition, a strict enforcement of the provisions of this article will result in unnecessary hardship.”
Anyone wishing to file an application to be heard by the board of appeals will need to contact city secretary Kelly McDonald. There is a $100 application fee for filing the appeal.
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