Royal Oak’s Building Official to Explain Fence Violations

The Royal Oak City Commission will review a report on the vision obstruction provision in the city’s fence ordinance when it meets at 7:30 p.m. Monday at City Hall.

In recent weeks, a number of residents have voiced concerns at city commission meetings after receiving violation notices regarding fences that pose safety issues for pedestrians.

The city’s fence ordinance states that opaque fences located within 10-feet of an intersection of a driveway and public sidewalk cannot be more than 3-feet in height, so as to allow a driver backing out of a driveway to see, for example, if a child is walking on the sidewalk.

The provision has been on the books since 1950, but its enforcement has been inconsistent until recently, according to Jason Craig, the city’s building official. 

In a memo to city commissioners, Craig stated his department received a complaint in the early fall of 2012 from someone insisting they were almost hit by a car backing out of a drive.

“We made the property owner correct the fence to bring it into compliance with the ordinances, but they wanted to know why we were ‘picking on them’ and not requiring other fences on their street to meet the same standards and be in compliance,” Craig wrote, so he instructed code enforcement officers to begin issuing violations when they came across such fences.

Repealing, grandfathering, "doing nothing" are all options

At Monday’s Royal Oak City Commission meeting, Craig is expected to provide options to address residents’ concerns that include repealing the provision, waiving building permit fees, waiving or reducing appeal fees or “doing nothing” and continuing enforcements efforts.

Grandfathering existing fences is also option.

“We could require the homeowner to provide proof that a fence was installed prior to 1980. However, most would not have receipts or other evidence,” Craig wrote in his memo, adding, non-compliant grandfathered fences would allow a dangerous situation to continue. 

The Royal Oak Police Department has identified five accidents where a fence or shrubbery was cited as obstructing a driver’s view and causing an accident, according to Craig’s memo.

You can read the building official’s memo in its entirety and review the city’s fence ordinance, both are on the City of Royal Oak's website.

The Royal Oak City Commission meets Monday at 7:30 p.m in Room 315 at City Hall, located at  211 S Williams St.

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