§ 5-411. Modification of landscaping and fencing requirements.

(a)

The owner or manager of a designated multi-family dwelling may request a modification of the fencing requirements set forth in section 5-409 "Requirements for Multi-family Dwelling Community Mandatory Participants" subsection (g) by filing a written request with the police chief not later than fifteen (15) calendar days after receiving notice of:

(1)

Being designated for participation in a mandatory crime reduction program under this article; or

(2)

Having a previously granted fencing modification revoked by the police chief under subsection (h) of this section.

(b)

The owner or manager of a designated multi-family dwelling may appeal the decision of the police chief not to grant a landscaping modification as set forth in section 5-409 "Requirements for Multi-Family Dwelling Community Mandatory Participants; Premises" to the board by filing a written request with the police chief not later than fifteen (15) calendar days after receiving notice of the police chief's decision of denial.

(c)

If a written request is filed under subsections (a) and (b) with the police chief within the fifteen (15) calendar day limit, the board shall consider the request. The police chief shall set a date for the hearing.

(d)

A hearing by the board may proceed if a quorum of the code of appeals advisory board is present. The board shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply. Any dispute of fact must be decided on the basis of a preponderance of the evidence presented at the hearing.

(e)

The board may grant the request for a fencing modification if it finds that:

(1)

An existing fence or other barrier, or a proposed fence or other barrier, on the premises of the multi-family dwelling will serve to deter and reduce crime at the multi-family dwelling to the same extent as the fence required under section 5-410(g); and

(2)

The existing fence or barrier, or the proposed fence or barrier, complies with all other applicable city ordinances and state law.

(f)

The board may grant the owner's or manager's request to maintain a shrub or bush taller than three (3) feet and cut the foliage three (3) feet from the ground if it finds that:

(1)

A person on one (1) side of the shrub or bush has a clear view of the feet and lower leg of a person on the other side of the shrub or bush; and

(2)

Such modification will serve to deter and reduce crime at the multi-family dwelling to the same extent as the requirement that shrubs or bushes not exceed three (3) feet pursuant to section 5-409 "Requirements for Multi-family Dwelling Community Mandatory Participants; Premises" subsection (c).

(g)

The board shall grant or deny the request for a landscaping or fencing modification by a majority vote of those members present. Failure to reach a majority vote will result in denial of the request. The decision of the board is final, and no rehearing may be granted.

(h)

If the board grants the request for a landscaping or fencing modification, the modification remains valid and does not have to be renewed each time a multi-family dwelling community is designated for participation in the mandatory crime reduction program, unless the police chief applies to the board to revoke their prior decision in regard to the landscaping or fencing modification. The prior decision may be revoked, after notice and hearing as set out above, upon a determination that the modified landscaping or fence or other barrier:

(1)

Fails to deter and reduce crime at the multi-family dwelling to the same extent as the landscaping or fence or other barrier required under subsections (c) or (g) respectively of section 5-409 "Requirements for Multi-family Dwelling Community Mandatory Participants; Premises"; or

(2)

Fails to comply with a city ordinance or state law applicable to fences and landscaping.

(i)

Upon the board's revocation of a landscaping or fencing modification, the police chief shall notify the owner and manager of a designated multi-family dwelling in writing of the revocation. The notice must include the reason for the revocation, the date the police chief orders the revocation, and a statement informing the owner and manager of the right to file a new request for a landscaping or fencing modification in accordance with subsection (a).

(j)

The grant of a request for modification of the landscaping or fencing requirements of sections 5-409 "Requirements for Multi-family Dwelling Community Mandatory Participants; Premises" (c) or (g) does not exempt a designated multi-family dwelling from any other provision of this chapter or other applicable city ordinances or state law.

(Ord. No. 2194, § 3, 2-28-12)