I HAVE A FENCE HEIGHT PROBLEM

Started by DevinD • 1 replies • 1293 views

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DevinD (California)
Posts: 1

Posted:

I AM IN DOWNEY CALIFORNIA, AND I HAVE A CORNER LOT. THE IRON FENCE HAS BEEN SITTING ON THIS LOT FOR ALMOST 20 YEARS, AT 4FT ALL AROUND. NOW THAT I BOUGHT IT, THE CITY WANTS ME TO CUT THE EDGE OF THE FENCE TO 3FT AROUND THE CORNER. ENGINEERING AND ALL OTHER DEPT HAS APPROVED THE FENCE TO STAY UNLESS I TOUCH, THEY RULED IT IS NOT RESTRICTING ANY RIGHT OF WAY, BUT BUILDING WONT BUDGE ON THIS MATTER. NOW, MY QUESTION. SENSE THE CITY NEVER CITED THE FENCE IN THE PAST 20 YEARS FOR HEIGHT RESTRICTIONS, DOES IT FALL UNDER THE GRANDFATHER CLAUSE UNLESS I TOUCH THE FENCE, OR WHAT CLAUSE DOES A 20 YEAR OLD FENCE FALL UNDER SO I CAN GET THE CITY OF DOWNEY OFF ME. DO I HAVE RIGHTS

LarryB13 (Arizona)
Posts: 4,099

Posted:

My first thought is to wonder why the city building department is suddenly in a tizzy over a feature that has been there for decades. Was this property within the city limits when the fence was built and did the city ever approve the fence?

But then there is the practical matter: How much would it cost to reduce the height of the fence versus the cost of fighting the city and then factoring in the possibility that you could lose the fight?

If the city approved the fence in the past, then I would be inclined to fight them. If there is no record of approval for the fence as it is now, I would think long and hard about fighting.

My first step would be to pull all the building permits ever issued for your lot. I would also look into the plats to see if this fence is actually on your property or if it is on a common area, in which case the problem belongs to your association.

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