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SDNews.com
Home Beach & Bay Press

Guest view: Go ahead! Build your fence to the sky

Tech by Tech
December 7, 2011
in Beach & Bay Press, No Images, Opinion
Reading Time: 3 mins read
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I am writing to express my anger and frustration at the city of San Diego Code Enforcement Department’s uneven and extremely unjust enforcement of the city’s Municipal Code. Please let me explain. One of the existing rules in the Mission Beach Planning District Ordinance (MBPDO) regulates the fencing allowed in the front yards of the [residential] courts. The courts are perpendicular to the beach and keeping fences to three feet high in the front yards maintains views to the beach. This view maintenance is sacrosanct. A view of the beach can greatly affect a property’s value. The enforcement of this section of the MBPDO is very important! Please see the relevant section of the code below: Ch. Art. Div. 15 13 4 San Diego Municipal Code Chapter 15: Planned Districts (3-2007) Article 13: Mission Beach Planned District (“Mission Beach Planned District” added 3-27-2007 by O-19589 N.S.) Division 4: General and Supplemental Regulations (“General and Supplemental Regulations” added 3-27-2007 by O-19589 N.S.) 1513.0401 Fences (a) All Subdistricts No fence shall exceed 3 feet in height in that triangular area created by measuring 10 feet along each property line from the point of the intersection where any combination of streets and/or alleys intersect. (b) Residential Subdistricts (1) Fences and walls, including retaining walls, located within required yards except interior yards and rear yards shall not exceed a height of 3 feet. At 3959 Ocean Front Walk a wall is in clear violation of this section of the code. I have formally filed a complaint about it to Code Enforcement. They say they will take no action on the violation because they are understaffed. It is also a matter of fact that the owners … are friends with the city of San Diego’s chief of police and two of the top assistants. All have been seen socializing in the … residence. I have a rental property on Yarmouth Court and when it is vacant, I have a need to advertise the vacancy. To do so, I would hold open houses. I learned that the placement of an “open house” sign on city property is in violation of the Municipal Code because I was told so by both a couple of police officers and by [members of the] Code Enforcement Department. In spite of their supposed lack of personnel, I have been warned by the Code Enforcement Department that if I put the sign back out, I will be given a $250 citation. They are right. That is in violation of the code. Yes, on any given Saturday or Sunday, every Realtor in the city is breaking the law by putting their “open house” signs out. Do they ever get a warning or a citation? I think not. I have spoken with Assistant Police Chief Boyd Long, who states he has no involvement in the issue. He was at the … residence the day before the Code Enforcement action occurred and the two police officers showed up at my residence to tell me to remove the sign. He stated that [the owner] told him not to get involved, that he would handle his problem with my sign through Code Enforcement. Suddenly, Code Enforcement finds available staff. But that, of course, was just a coincidence. At issue here is the rights of every homeowner in Mission Beach that is not in the front row [of the residential courts]. The city of San Diego Code Enforcement Department says they don’t have the staff to enforce the fence regulation. (Even though the Code Enforcement Department person walked by the [other residence’s] violating wall on her way to my house). They do, however, have the personnel to enforce the removal of a temporary and unobtrusive sign, but not a permanently-built violation of the same code. Please help by calling Code Enforcement at (619) 236-5500 and telling them to enforce fence regulations! David Lombardi, Architect/builder Mission Beach

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