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Highlands Today

City passes fence ordinance

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By JOE SEELIG

Highlands Today

Published: December 3, 2009

SEBRING - Several city council members sat on the proverbial fence Tuesday night before voting unanimously to allow chain link fences to be erected in residents' front yards during passage of a fence and wall ordinance for the city.

At its Oct. 20 meeting, council passed a motion to request the Planning and Zoning Board to address fencing and wall issues throughout the city as they affect line-of-sight within the city.

On Nov. 17, the council passed on first reading the fence ordinance and asked the Planning and Zoning Board to review the measure at its Nov. 20 meeting, which it approved with minor modifications.

At the Nov. 17 meeting council members preferred not to allow chain link fences in front yards. Councilwoman Margie Rhoades argued, and others agreed, as chain link ages, it's not aesthetically pleasing.

The fencing along the Sebring Parkway was held up as one unsightly example, giving it that prison-like effect. The Community Redevelopment Agency has discussed some ground covering vines that may help alleviate the problem.
Rhoades made a reference to how ugly some neighborhoods in Miami had become due to all of the chain link fences there.

That part of the new ordinance was removed after council members heard arguments from Dinner Lake resident Cathy Bergens, who said chain link fences might be all property owners in certain income brackets and neighborhoods could afford.

"People should be allowed to put in a fence they can afford," she said. "This is not Miami. This is not necessary. You can't pile rules on top of rules and legislate the world."

Yvonne Shilling of Highlands Homes agreed that chain link fences were all some people could afford.

She insisted they were important because they helped keep unwanted people and dogs out of their yards, providing a small element of security, and prevented children and dogs from running into the streets.

One resident argued that wooden fences are not practical in Florida because they were subject to attack by termites and rot.

Councilman Bud Whitlock said he was not opposed to chain link fences but wanted to keep it to 48-inches high in the front and no higher than six feet - in areas not in front or from the front setback.

Eight-foot fences or walls will be allowed along a lot line if the residential lot is adjacent to a non-residential-zoned property.

The new ordinance regulates the height, location and permitting of fences, walls and vegetative barriers in residential areas and establishes visibility triangles for homes located near intersections and for driveways.

The new ordinance establishes a clear visibility triangle at street intersections based upon the speed limit - 15 feet back from the property line for streets with speed limits up to 35 mph and 25 feet for speed limits greater than 35 mph.

The visibility triangle for driveways is 10 feet back from the property line.

Vegetation in areas impeding driver's line-of-sight would be limited to 2.5 feet high. Trees would be allowed but may not have branches lower than 10 feet.

Existing fences and walls would not be affected except in situations where serious line-of-sight safety concerns are raised.

City: Tear down that wall

The fence-wall issue surfaced months ago, during a road-widening and sidewalk construction project by the county on East Center Avenue, as part of the work on Sebring Parkway.

A survey by the county indicated that a four-foot high block and stucco wall at 503 E. Center Ave., at the home of Kalvin Berice Lindo and Gingerlee Mitchelllindo, encroached onto city property where the county was running a new sidewalk.

The survey was supported by two other surveys.

For the sake of expediency to install the sidewalk before its deadline, the county volunteered to help pay to take down and relocate the wall about 10 feet from the sidewalk at a lower height in front due to visibility issues.

The county engineer insisted the wall caused a line-of-sight safety issue for drivers exiting Orange Street onto East Center Avenue, and drivers exiting an adjacent driveway.

It posed a further danger to pedestrians on East Center Street who could potentially be struck by motorists at either end of the wall, officials argued.

Mitchelllindo insisted the wall was built on her own property line 10 years earlier using her original surveyor's markings (Whitlock Surveying) and disputed three surveys that indicated the wall was built in-part on city land.

The couple turned down the county's offer to help relocate the wall and hired J. Steven Southwell, a Wauchula attorney. They had a fourth survey done by W.A. Read Jr. and Associates, an engineering company in Bartow.

The independent survey also showed the wall encroached on city property, city officials say, not only on East Center Avenue, but also for its length down Orange Street.

On Oct. 6, the city gave the property owner 45 days to remove the wall. That date passed on Nov. 20 with no action taken by the owner.

City Attorney Bob Swaine was instructed by council Tuesday to proceed with a lawsuit this week on behalf of the city for the removal of the walls as well as to recoup legal fees and other costs.

That lawsuit should be filed by week's end, said Scott Noethlich, city administrator.

If the city wins its lawsuit against Lindo and the wall is demolished, and if the property owners want to build a new wall or fence, it would be subject to permitting and all aspects of the new city ordinance.

Highlands Today reporter Joe Seelig can be reached at (863) 386-5834 or jseelig@highlandstoday.com .

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