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ORDINANCE NO. 6-81 <br /> <br />BY: Brown, Chinnock, Gallagher, <br /> Graham, McBride, Salmon, Wendlin <br /> <br /> AN EMERGENCY ORDINANCE to amend Paragraph (a) of Section 1319.03 of <br />the Building Code of the Codified Ordinances of the City of Lakewood to permit <br />fences to be erected along the property line abutting side streets of corner lots <br />provided the erection of such fence does not constitute a hazard. <br /> <br /> WHEREAS, pursuant to the current Building Code, the owners of corner <br />lots must request permission from the Board of Building Standards to enclose the <br />property and construct a fence along the property line abutting the side street, <br />and <br /> <br /> WHEREAS, this Council is of the opinion that such fences should be <br />permitted without having to file an appeal with the Board of Building Standards <br />so long as the erection of the fence does not obstruct the view of traffic or- <br />constitute a hazard, and <br /> <br /> WHEREAS, by amending the Building Code to permit the construction of such <br />fences, the owners of corner lots would, in effect, be receiving the same rights <br />as the other residents of the street, and <br /> <br /> WHEREAS, this ordinance constitutes an emergency measure providing for <br />the immediate preservation of the public safety and welfare and for the usual daily <br />operation of a municipal department; now, therefore <br /> <br />BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: <br /> <br /> Section 1. That Paragraph (a) of Section 1319.03 of the Building Code <br />ofthe Codified Ordinances of the City of Lakewood now reading as follows: <br /> <br />1319.03 REGULATIONS AND RESTRICTIONS. <br /> <br />(a) <br /> <br />No fence, wall, building or portion of a building shall be <br />erected, placed or extended above the curb level between <br />a building line and the street line, and no living fence <br />shall be permitted to exceed three feet in height above <br />the curb line. <br /> <br />shall be and the same is hereby amended to read as follows: <br /> <br />1319.03 REGULATIONS AND RESTRICTIONS. <br /> <br />(a) <br /> <br />No fence, wall, building or portion of a building shall be <br />erected, placed or extended above the curb level between <br />a building line and the street line, and no living fence <br />shall be permited to exceed three feet in height above <br />the curb line provided, however, on corner lots the <br />Building Commissioner may issue a permit for a fence to <br />be erected along the property line abutting the side <br />street to extend from the rear property line to the front <br />building line upon determination by the Chief of Police <br />and the Building Commissioner that such fence does not <br />obstruct the view of traffic or constitute a hazard. <br /> <br /> Section 2. It is found and determined that all formal actions of this <br />Council concerning and relating to the passage of this ordinance were adopted in <br />an open meeting of this Council, and that all such deliberations of this Council <br />and of any of its committees that resulted in such formal action, were in <br />meetings open to the public, in compliance with all legal requirements including <br />Section 121.22 of the Ohio Revised Code. <br /> <br /> <br />