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3. General Provisions_V1 <br /> <br />3-46 <br />2. If after notification of non-compliance the property owner or, if applicable, the <br />homeowners association fails to achieve the compliance within sixty (60) calendar days, the City <br />may exercise its authority to use the performance security to address compliance. <br /> <br />(18) Fences and Walls. Fences and walls shall be permitted in all required yards subject to <br />the following: <br /> <br />(a) Permit Required. It is unlawful for any person hereafter to construct or cause to be <br />constructed or erected within the City, any fence or wall without first making an application for <br />and securing a permit. <br /> <br />(Ord No. 06-19, passed 04-09-2019) <br /> <br />(b) Certificate of Survey. An application for a fence or wall permit shall be accompanied <br />by a current certificate of survey providing exact lot dimensions, the location of existing buildings, <br />structures, and easements on the lot, and the location of the proposed fence. At the discretion of <br />the City, a final plat detail of the lot with the required information shown may suffice if no <br />certificate of survey is available. Applicant shall be required to physically identify the property <br />corners for City inspection. <br /> <br />(c) Location. All fences or walls shall be located entirely within the private property of <br />the person, firm, or corporation constructing or causing the construction of such fence. <br /> <br />1. No fence or wall shall be permitted on public rights-of-way. <br /> <br />2. Traffic visibility requirements set forth in §1007.042 (5)(a)3. of this Ordinance <br />shall be satisfactorily met. <br /> <br />3. No fence or wall shall obstruct natural drainage. <br /> <br />4. Fences or walls may be constructed within public and private utility and drainage <br />easements provided that: <br /> <br />a. No fence or wall shall be located within a drainage or utility easement without <br />written permission of the City Engineer and the filing of an encroachment agreement. <br /> <br />b. Removal of a fence or wall or a portion thereof for the purpose of utilizing the <br />easement shall be at the property owner’s expense. <br /> <br />(d) Construction and Maintenance. <br /> <br />1. Every fence or wall shall be constructed in a professional and substantial manner <br />and of substantial material reasonably suitable for the purpose for which the fence is proposed to <br />be used. The materials and design shall also be compatible with other structures in the area in <br />which the fence or wall is located and shall not cause blight or a negative impact.