Agenda - Council - 09/10/2024 - Laserfiche WebLink

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City Attorney Knaak shared that it is his understanding that there are many pending applications before Staff on this matter. He noted that fence disputes are ordinarily private matters and is not typically something that the City would get involved with. Mr. Tetens asked if the Council would be able to put forth an amendment to Code 106.485 so that it would be a requirement to get a zoning permit for fencing. He noted that as a taxpayer, he pays taxes on this land and there is a Code specifically for locating the boundary lines. He said it should be in Code that would require the landowner to accurately locate their boundary lines prior to putting up the fence. City Attorney Knaak asked if the City currently has a permitting process for fencing. Planning Manager Larson explained that they used to have fencing permits; however, they found that people would submit their plans for the permit then they would end up doing the fencing wrong or the fence would be put up without a permit. He noted they cut the permitting out altogether. City Attorney Knaak said they could modify City Code and make new requirements; however, it is still the responsibility of the individual to do things in accordance with the law. He explained that if the neighbor's fence is on Mr. Tetens' property, then it is up to him to enforce his rights under the law. Mr. Tetens asked if the Council would just abolish Code 106.485 if it is unnecessary and people are not having to follow it. He noted there seems to be no point of the Code. City Attorney Knaak explained that in a situation like this, they have a legal standard, similar to a speed limit. He added that he would not want to urge the Council to eliminate this legal standard. Mr. Tetens said he would not want to eliminate it,but rather amend the Code to put forth a zoning permit, which would be enforced by inspections. Councilmember Howell shared that she understands the Code in the same way as Mr. Tetens. She stated that she understands that this is not the City's fight; however, she does not understand why they would not be asking the neighboring property owner to be subjected to the Code. She suggested that Mr. Tetens put up a temporary fence to block off his property. Mr. Tetens said putting up a temporary fence is his next step; he is just trying to be civil throughout this process. Councilmember Musgrove shared that she was very bothered when she received Mr. Tetens' email and seeing the plight that he is having to go through as the property owner who is being violated. She noted that she asked Staff a number of questions about this situation, and she was told that there is a Code violation; however, it is suspended as the neighboring property owner is applying for some kind of permit. City Council/August 27, 2024 Page 3 of 13