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HomeMy WebLinkAboutPO 6719: AMENDING CHAPTER 18, ARTICLE X - FENCES AND WALLS CODE \\1II111, City of u r! r!h u'- INTEROFFICE INTEROFFICE MEMORANDUM Department of Development Services Department of Inspections & Code Compliance Building Inspections Division Date: September 19, 2018 To: Harvey L. Robinson, Interim City Manager Mayor and City Council From: Darlene Thomas-Pierre, Director of Inspections&Code Compliance Philip Vilardi, Building Official Re: P. O. NO. 6719 — AN ORDINANCE AMENDNG CHAPTER 18, ARTICLE X — FENCES AND WALLS CODE, OF THE CODE OF ORDINANCES, THEREBY AMENDING ARTICLE X, SEC. 18-456; PROVIDING CERTAIN AMENDMENTS THERETO; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING A PENALTY FOR VIOLATION BY FINE NOT EXCEEDING TWO THOUSAND DOLLARS ($2,000), AS PROVIDED IN SECTION 18-43 OF THE CODE OR AS OTHERWISE IMPOSED BY STATE LAW; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE IMMEDIATELY AFTER PUBLICATION COMMENT Nature of the Request: Staff recommends that the City Council adopt P. O. No. 6719, amending Chapter 18, Article X— Fences and Walls Code, of the Code of Ordinances thereby amending Article X Sec. 18-456; and providing for a penalty, for publication and for an effective date. This will ensure safer construction standards for the City of Port Arthur. Staff Analysis/Considerations: The City is currently operating under the Fences and Walls Code. Recommendation: Staff recommends that the City Council adopt P. O.No. 6719, thereby amending Article X Sec. 18-456 BuieConsideration: Not Applicable. DTP cc: Ron Burton, Assistant City Manager "Remember we are here to serve the Citizens of Port Arthur" P. O. BOX 1089 •PORT ARTHUR,TEXAS 776x11-1089.409/983-8209•FAX 409/983-8130 P. O. NO. 6719 08/19/18 PAV ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18,ARTICLE X— FENCES AND WALLS CODE, OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR, THEREBY AMENDING SEC.18-456;PROVIDING CERTAIN AMENDMENTS THERETO; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING A PENALTY FOR VIOLATION BY FINE NOT EXCEEDING TWO THOUSAND DOLLARS ($2,000), AS PROVIDED IN SECTION 18-43 OF THE CODE OR AS OTHERWISE IMPOSED BY STATE LAW; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE IMMEDIATELY AFTER PUBLICATION WHEREAS, Chapter 18, Article X—Fences and Walls Code, of the City of Port Arthur's Code of Ordinances sets forth requirements for construction; and WHEREAS, Article X contains each of the specific codes and ordinances that make up the Fences and Walls code; and WHEREAS, The Building Official can approve alternative materials; and WHEREAS, the City Council deems it in the best interest of the citizens of the City of Port Arthur to amend Article X, Fences and Walls Code, with the exceptions thereto; and may make variations thereof that do not substantially vary from the rules or laws of this State; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. THAT the facts and opinions in the preamble are true and correct. Section 2.THAT the City of Port Arthur hereby amends the existing Article X—Fences and Walls Code of Chapter 18 — Buildings, as delineated in Exhibit A, and the red-lined version shows the amendments in Exhibit B. 1 P. O. NO. 6719 08/19/18 PAV Section 3.THAT all ordinances or parts of ordinances in conflict herewith are herein repealed,but only to the extent of said conflict. Section 4. That any person who violates any provisions of this Ordinance or who shall neglect to comply with the terms hereof shall be guilty of a misdemeanor and shall on conviction thereof be fined in any sum not less than one dollar($1.00) nor more than two thousand dollars ($2,000.00) as provided in the Code of Ordinances, and each violation shall constitute a separate offense. Section 5.That this Ordinance or its caption and penalty shall be published one(1)time within ten(10)days after final passage hereof in the official newspaper of the City of Port Arthur. This Ordinance shall take effect immediately after date of publication. Section 6. THAT a copy of the caption of this resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this the_day of , A.D., 2018, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: _ Councilmembers: NOES: MAYOR ATTEST: APPROVED AS TO FORM: - � � .- .� SHERRI BELLARD VAL TI- ENO y CITY SECRETARY CITY ATTORNEY 2 P. O. NO. 6719 09/19/18 PAV APPROVED FOR ADMINISTRATION: 1 I . HARVEY L. ROBINSON • ENE THO giV iv" INTERIM CITY MANAGER ' ECTOR OF INSPEC NS/ /DE COMPLIANCE 3 EXHIBIT "A" • ARTICLE X. - FENCES AND WALLS • Sec. 18-451. - Permit required; fee as prescribed. It shall be unlawful for any person to construct any fence without first having obtained a permit there for and paid the fee charged there for from the permits and inspections office.The fee charged for such permit shall be the same amount as fees charged for issuing permits for any other structures in the city and graded or assessed in keeping with the provisions establishing the amount of such permits now in existence or as may hereafter be passed. • Sec. 18-452. - Electric fences. The installation and use of any electric fence is prohibited within the city. (Code 1961,§6-132) Cross reference—Utilities,ch. 110. • Sec. 18-453. - Fences on public property. The building, placement or erection of any fence or wall of any kind, by anyone other than duly authorized city employees or contractors acting pursuant to contract with the city, on any street,street right-of-way,alley,sidewalk, park or public ground of any kind,or on any part of such public property,or so as to extend or protrude into,on or over the same is prohibited. (Code 1961,§6-133) • Sec. 18-454. - Fences on easements. Fences are permitted across rear yard easements.However,if such fences are damaged,destroyed or removed by persons having the right to use the easement for repair, installation or replacement of any utilities,the property owner is responsible for repair or replacement of such fences. (Code 1961,§6-134) • Sec. 18-455. - Obstruction of vision. No fence, tree,shrubbery,screen,wall,sign or other visual barrier shall be located or placed in such a manner as to obstruct the vision of a motor vehicle driver approaching any street intersection.At all street intersections clear vision shall be maintained within a triangular area formed by the intersection of a line with a point a distance of 20 feet back on each property line from an existing property corner,or from a projected property corner along both intersecting streets. (Code 1961,§6-135) • Sec. 18-456. - Fence standards. Unless otherwise specifically provided for in this article,fences in residential zoning districts must be constructed and maintained in accordance with the following regulations: (1)Any fence or wall located along the side property line and behind the minimum required front yard or in the rear yard shall not exceed a height of eight feet above the adjacent grade. (2)Any fence or wall located along the side property line and in front of the minimum required front yard or across the front of the lot shall not exceed four feet in height above the adjacent grade;except that an open fence may be erected to a height of five feet above the adjacent grade,provided that the ratio of open portion of the fence to the solid portion of the fence is not less than six to one. (3)No fence located in a residential zoning district may be constructed of sheet metal, metal roofing or other similar materials unless approved by Building official as an alternate material. (Code 1961,§6-136;Ord. No.04-03,§ 1, 1-20-2004) • Sec. 18-457. - Required screening.(a)Excavations. Upon completion of any excavation for which a permit has been granted under chapter 94,article VII of this Code of Ordinances, but not later than 180 days after excavation has begun,a fence shall be erected completely surrounding the borrow pit in accordance with specifications promulgated by the city engineer and the following: (1)For all areas adjacent to or within 200 feet of public property or right-of-way a six-foot high commercial grade chainlink fence with three-strand barbed wire anticlimb top. (2)For all other areas a six-foot high fence constructed of four-foot high field and pasture fabric fence with four strands of barbed wire(galvanized)six inches apart and starting six inches above the field and pasture fabric fence. Such fence shall be kept in good repair as long as the borrow pit exists and all gates closed and locked except as necessary for excavation and removal purposes. If any part of a borrow pit is situated within 50 feet of a residence,the fence surrounding the pit shall be so constructed as to prevent small children from gaining access to the borrow pit.Unique and special purpose lakes may be waived from this requirement upon review and recommendation of the planning and zoning commission and approval of the city council. (b)Wrecking or auto salvage yard. No person shall erect,construct, maintain,or cause or permit to be erected,constructed,or maintained,any junkyard,automobile wrecking or salvage yard,or any premises described under article IV,junk and junk dealers, of chapter 22,businesses, unless such junkyard,automobile or salvage yard,or other premises shall be completely enclosed by a closed fence not less than eight feet in height; constructed, in conformance with city standards,of wood,stone,brick,concrete block or other permanent material;having a completely solid area with no openings;and permanently maintained. (c)Regulations. Unless otherwise specifically provided in this section,screening must be constructed and maintained in accordance with the following regulations: (1)Any screening wall or fence shall be not less than six feet in height. (2)Any screening wall or fence shall be constructed of masonry or other permanent wall or fence material which does not contain openings constituting more than 40 square inches in each one square foot of wall or fence surface and the surface of such wall or fence shall constitute a visual barrier.All fence or wall openings shall be equipped with gates equal in height and screening characteristics to the fence or wall. (d)Maintenance.Any required screening wall or fence as prescribed in this section shall be permanently maintained in a safe and sound vertical condition.The area in front of such wall or fence shall be maintained in a clean and orderly condition free of weeds, debris and trash. (e)Swimming pools.All outdoor public,semipublic or family swimming pools,with a depth greater than 18 inches,shall be completely surrounded by a fence or wall so constructed as not to have openings, holes or gaps larger than four inches in any dimension other than for doors and gates;except that if a wooden(picket)fence is erected and maintained, the horizontal dimension shall not exceed four inches.The minimum height of such fence or wall shall be as follows: (1)Family pool.The fence or wall surrounding a family pool shall be not less than six feet in height. Residential structures and accessory buildings may be used as part of such enclosure. (2)Public or semipublic pool.The fence or wall surrounding a public or semipublic pool shall not be less than six feet in height. Main and accessory buildings may be used as part of such enclosure,except that a fence or wall four feet in height shall be maintained between any openings to public areas and the pool. All gates and doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use.The door of any residential structure which forms part of the enclosure of a family pool need not be so equipped. Fencing around pools must also comply with the 2015 International building code and 2015 Residential code. • Secs. 18-458-18-490. - Reserved. • Secs. 18-423-18-450.-Reserved. EXHIBIT "B" • ARTICLE X. - FENCES AND WALLS • Sec. 18-451. - Permit required; fee as prescribed. It shall be unlawful for any person to construct any fence without first having obtained a permit therefor and paid the fee charged therefor from the office of the building inspector.The fee charged for such permit shall be the same amount as fees charged for issuing permits for any other structures in the city and graded or assessed in keeping with the provisions establishing the amount of such permits now in existence or as may hereafter be passed. (Code 1961,§6-131) • Sec. 18-452. - Electric fences. The installation and use of any electric fence is prohibited within the city. (Code 1961,§6-132) Cross reference—Utilities,ch. 110. • Sec. 18-453. - Fences on public property. The building, placement or erection of any fence or wall of any kind, by anyone other than duly authorized city employees or contractors acting pursuant to contract with the city, on any street, street right-of-way,alley,sidewalk, park or public ground of any kind,or on any part of such public property,or so as to extend or protrude into,on or over the same is prohibited. (Code 1961, §6-133) • Sec. 18-454. - Fences on easements. Fences are permitted across rear yard easements. However, if such fences are damaged, destroyed or removed by persons having the right to use the easement for repair, installation or replacement of any utilities,the property owner is responsible for repair or replacement of such fences. (Code 1961,§6-134) • Sec. 18-455. - Obstruction of vision. No fence,tree,shrubbery, screen,wall,sign or other visual barrier shall be located or placed in such a manner as to obstruct the vision of a motor vehicle driver approaching any street intersection.At all street intersections clear vision shall be maintained within a triangular area formed by the intersection of a line with a point a distance of 20 feet back on each property line from an existing property corner, or from a projected property corner along both intersecting streets. (Code 1961,§6-135) • Sec. 18-456. - Fence standards. Unless otherwise specifically provided for in this article,fences in residential zoning districts must be constructed and maintained in accordance with the following regulations: (1) Any fence or wall located along the side property line and behind the minimum required front yard or in the rear yard shall not exceed a height of eight feet above the adjacent grade. (2) Any fence or wall located along the side property line and in front of the minimum required front yard or across the front of the lot shall not exceed four feet in height above the adjacent grade;except that an open fence may be erected to a height of five feet above the adjacent grade, provided that the ratio of open portion of the fence to the solid portion of the fence is not less than six to one. (3) No fence located in a residential zoning district may be constructed of sheet metal, metal roofing or other similar-materials materials unless approved by Building official as an alternate material. (Code 1961,§6-136;Ord. No.04-03,§ 1, 1-20-2004) • Sec. 18-457. - Required screening. (a) Excavations. Upon completion of any excavation for which a permit has been granted underchapter 94,article VII of this Code of Ordinances, but not later than 180 days after excavation has begun,a fence shall be erected completely surrounding the borrow pit in accordance with specifications promulgated by the city engineer and the following: (1) For all areas adjacent to or within 200 feet of public property or right-of-way a six-foot high commercial grade chainlink fence with three-strand barbed wire anticlimb top. (2) For all other areas a six-foot high fence constructed of four-foot high field and pasture fabric fence with four strands of barbed wire(galvanized)six inches apart and starting six inches above the field and pasture fabric fence. Such fence shall be kept in good repair as long as the borrow pit exists and all gates closed and locked except as necessary for excavation and removal purposes. If any part of a borrow pit is situated within 50 feet of a residence,the fence surrounding the pit shall be so constructed as to prevent small children from gaining access to the borrow pit. Unique and special purpose lakes may be waived from this requirement upon review and recommendation of the planning and zoning commission and approval of the city council. (b) Wrecking or auto salvage yard. No person shall erect,construct, maintain,or cause or permit to be erected,constructed,or maintained, any junkyard, automobile wrecking or salvage yard,or any premises described under article IV,junk and junk dealers,of chapter 22, businesses, unless such junkyard, automobile or salvage yard,or other premises shall be completely enclosed by a closed fence not less than eight feet in height;constructed, in conformance with city standards,of wood, stone, brick,concrete block or other permanent material; having a completely solid area with no openings; and permanently maintained. (c) Regulations. Unless otherwise specifically provided in this section,screening must be constructed and maintained in accordance with the following regulations: (1) Any screening wall or fence shall be not less than six feet in height. (2) Any screening wall or fence shall be constructed of masonry or other permanent wall or fence material which does not contain openings constituting more than 40 square inches in each one square foot of wall or fence surface and the surface of such wall or fence shall constitute a visual barrier.All fence or wall openings shall be equipped with gates equal in height and screening characteristics to the fence or wall. (d) Maintenance.Any required screening wall or fence as prescribed in this section shall be permanently maintained in a safe and sound vertical condition.The area in front of such wall or fence shall be maintained in a clean and orderly condition free of weeds,debris and trash. (e) Swimming pools.All outdoor public, semipublic or family swimming pools,with a depth greater than 18 inches, shall be completely surrounded by a fence or wall so constructed as not to have openings, holes or gaps larger than four inches in any dimension other than for doors and gates; except that if a wooden(picket)fence is erected and maintained, the horizontal dimension shall not exceed four inches.The minimum height of such fence or wall shall be as follows: (1) Family pool. The fence or wall surrounding a family pool shall be not less than six feet in height. Residential structures and accessory buildings may be used as part of such enclosure. (2) Public or semipublic pool. The fence or wall surrounding a public or semipublic pool shall not be less than six feet in height. Main and accessory buildings may be used as part of such enclosure, except that a fence or wall four feet in height shall be maintained between any openings to public areas and the pool. All gates and doors opening through such enclosure shall be equipped with a self- closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use.The door of any residential structure which forms part of the enclosure of a family pool need not be so equipped. Fencing around pools must also comply with the 2015 International building code and 2015 t ---{Formatted:Indent:Left: 0" Residential code. (Code 1961,§6-137) • Secs. 18-458-18-490. - Reserved.