DISCUSSION
HEDGE-RELATED ORDINANCES
City Attorney
September 1, 2026
BACKGROUND
•City Council discussion on July 21, 2026
• Directed staff to pursue revised hedge
ordinance
• Proposed revised ordinance was submitted
by Councilmember Behrendt on July 22, 2026
• Distributed to City Departments for review
2 Direction from
City Council Subcommittee
1. Definitions – height, hedge, and wall or fence
2. Penalties
3. Bona Fide Complaint and Good Faith Requirement
4. Independent Discretion by the City to Enforce
Violations
5. Maintenance Requirement
6. Purpose Section
3 Staff Recommendations
4 1. Add definitions for height, hedge and wall or fence to the revised ordinance and related sections;
2. Update the penalty section to classify violations of Section 10-2.1524 as either a misdemeanor or infraction;
3. Add a definition of “bona fide complainant” in section (g), as well as Bona Fide Complaint and Good Faith requirements in Enforcement section (j);
4. Allow the city to enforce critical and/or urgent violations as defined in section (g);
5. Include a city-wide maintenance requirement as discussed in section (i); and
6. Add to the purpose section of the ordinance to capture intentions as outlined in section (a); Definitions
5 1. Height shall mean the vertical distance from the existing grade to the top of the fence, hedge, or wall to the grade directly below. The height shall be measured from the side of the fence, hedge, or wall with the highest-grade elevation, except in a required front or exterior side setback where the finished grade is lower than the existing grade, height shall be measured from the finished grade.
2. Hedge means a continuous living screen, barrier, or boundary marker formed by a row, series, or grouping of two (2) or more closely spaced woody shrubs, bushes, trees, or other vegetation planted, cultivated, or maintained in close proximity so as to form, or that has grown to form, a substantially continuous physical or visual obstruction to passage or view, having a height greater than twelve (12) inches.
§ 1-2.01 General Penalties: Continuing Violations
:
6 4-35.12 Storage of Personal Property in Parks,
4-35.18 Damaging Vegetation in Parks,
4-35.19 Fire Hazards in Parks,
4-35.20(a) Weapons and Explosives in Parks,
4-35.21 Organized Play; Permits Required,
4-35.22 Commercial Activities; Permits Required,
4-35.23 Other Activities; Permits Required,
4-35.24(d) Issuance of Permits,
4-35.25 Interference with Permit Holders,
5-2.105(e) Placement and Removal of Trash Containers,
5-2.201 Premises to Be Kept Clean,
5-2.202 Unlawful Accumulation,
5-2.203 Maintenance of Stagnant Water,
5-2.204 Abatement of Weeds,
10-2.1524 Fences, Hedges, Walls, and Obstructions in
All Zones
10-2.1532 Metal, Unorthodox, and Unusual Buildings,
10-2.1806 Signs,
10-2.1818 Signs Not Permitted,
12-1.503 Soliciting.
(b) A violation of any of the following provisions of this Code, may be charged by the City Attorney as either a misdemeanor or an infraction
Bona Fide Complainant
7 • Bona Fide Complainant means an owner or
occupant of record on a lot that:
(A) shares a property line with the property
alleged to be in violation; or
(B) is located within 100 feet of the lot with
an alleged violation.
Buffer Zones – 100 Foot Radius
8 9
Good Faith Requirement
•Good faith requirement. Complaints
submitted under this section shall be made in
good faith based on a genuine belief that a
violation exists and that the complainant is
materially affected by the alleged violation.
10 City Enforcement Discretion
Critical and/or Urgent Violations
• Traffic safety
• Address visibility
• Emergency access
• Crime prevention
• Nighttime safety
• Fire hazards
11 City-Wide Maintenance Requirement
All fences, walls, and hedges on any property within the City, regardless of zone, shall remain free of overgrown, unsightly or hazardous conditions and be maintained at all times. Maintenance includes regular trimming to prevent overgrowth beyond permitted heights, repair or removal of damaged or structurally unsound sections, and removal of debris or dead vegetation.
Maintenance violations that affect utilities or the public right-of-way are enforceable by Bona Fide Complaint or by city-initiated action where the condition constitutes a Critical and/or Urgent Violation. 12 Purpose Section
Core Objectives
• Livability: Ensures resident light, air, and privacy. • Traffic Safety: Clears intersection sightlines for drivers and pedestrians. • Crime Prevention: Maintains visibility from public right-of-ways. • Neighborhood Character: Prevents walled-off, isolated streetscapes. • Maintenance: Avoids overgrown conditions and public encroachments. • Common-Sense Enforcement: Prioritizes safety over minor infractions.
Questions
13