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A fence may not be constructed in a rear -yard clear view triangle <br />along an improved alley (measured 15 feet along the edge of the <br />alley and 15 feet along the street at the back edge of the curb <br />to a third line connecting the sides). <br />9-7-8: CONFORMANCE <br />Nothing herein is intended or shall be deemed to make legal or <br />conforming any fence which was not constructed in full compliance <br />with the terms of the ordinance then in effect. <br />9-7-9: WAIVERS; APPEALS <br />A. The city council may grant a waiver from any requirement of <br />this chapter if it determines that such requirement is not <br />necessary for protection of public health, safety or welfare. In <br />granting a waiver, the city council may impose such conditions or <br />requirements as it deems reasonably necessary to protect the <br />bublic health, safetv or welfare. <br />B. Any person aggrieved by a decision of city staff regarding <br />the issuance, non -issuance or revocation of a permit under this <br />chapter may appeal such decision to the city council. <br />C. The city council may consider requests for waivers and <br />appeals following such hearing and notice as it deems <br />appropriate. An application for a waiver or an appeal shall be <br />accompanied by a site plan identifying the requested fence or <br />retaining wall location and alignment, a narrative describing the <br />reason the waiver or appeal is sought, a fee as described by the <br />city fee schedule to reimburse the city for costs accrued in the <br />review of the request, and other information deemed necessary by <br />city staff. After consideration of the waiver or appeal, the city <br />council may make such findinas and issue such orders as it deems <br />appropriate. <br />9-7--310: PENALTY: <br />Violations of this Chapter shall constitute a misdemeanor. Each <br />day that a violation remains shall constitute a separate .offense. <br />The City may also take additional enforcement action it finds <br />appropriate. In case any fence or retaining wall is, or is <br />proposed to be, erected, constructed, reconstructed, altered, <br />maintained, or used in violation of this Chapter, the City <br />Council may institute in the name of the City any appropriate <br />�3 <br />