Enforcement of Menlo Park's hedge, fence limits unfair? Enforcement of Menlo Park's hedge, fence limits unfair? (April 03, 2002)

**It amounts to 'persecution,' says Menlo Park resident.

By Pam Smith

Almanac Staff Writer

You could be breaking a law in Menlo Park that regulates the height of your fence or hedge, and go for years without getting busted. But one person's complaint may result in an order from the police to cut your hedge down to size, or face heavy fines.

Such spot enforcement is blatantly unfair, said one resident who was recently told she had 14 days to trim her hedge, or face fines of up to $500 a day. Three council members defended the city's enforcement, saying that practicality and the spirit of the law make it appropriate.

"I am surrounded by illegal hedges. So I kind of feel persecuted," said Helen Zeidner, who lives on Hermosa Way, and who, incidentally, had her hedge trimmed rather than pay the fine.

The municipal code limits fences, hedges or walls to 4 feet on the front or side of a residential property, within 20 feet of the front property line. Those on corner lots are limited to 3 feet within a certain triangular area abutting the street.

The code enforcement division of the police department doesn't scout the entire city with a tape measure, said Liz Fambrini, currently the city's lone code enforcement officer.

Enforcement is limited to responding to complaints (she gets up to 20 a day), unless she notices a hedge or fence that presents a safety hazard, she said. She may not require a violating hedge be trimmed "if it doesn't prove to be any sort of obstacle or problem.

"I could be doing this full time all around town if that's going to be people's complaints, that it's dealing with height rather than safety."

Ms. Zeidner drove by the homes of the city's five council members to show how inconsistent enforcement is, and said that four of them (all except Councilman Nicholas Jellins) seemed to have hedges or fences that violated the law.

After driving by the homes of Chuck Kinney, Mary Jo Borak, Steve Schmidt and Paul Collacchi, Officer Fambrini said Mr. Collacchi's hedges were the only ones that might warrant a notice to trim, as the law is currently enforced. She planned to investigate his corner lot further, she said.
Spirit of the law

Council members Kinney, Collacchi and Schmidt said they thought the complaint-based enforcement was adequate as-is, while Councilman Jellins said he favors more pro-active code enforcement along the routes children take to school.

Councilwoman Borak was out of town last week.

The city doesn't have the manpower to go around seeking violators, said Mr. Collacchi.

The spirit of the law is to address safety, stated Mr. Kinney, so there is little reason to enforce it if safety is not an issue.

In the 14 years she has been working code enforcement, Officer Fambrini said she hasn't had to fine anyone. "No one likes being told what to do," she said. "But people are generally cooperative."

Property owners may apply for a use permit to exempt their fence or hedge.
INFORMATION

For information, call 858-3300, or visit menlopark.org and click on "Municipal Code."