A fence shall be maintained in sound structural condition. All fences in violation of this chapter are hereby declared to be a public nuisance. Fences shall be maintained by the owner of the property in compliance with the requirements of this chapter including but not limited to the following maintenance standards:
(A) 
A property owner shall maintain fences, including those existing prior to the adoption of this chapter, at all times in a state of good repair, with all braces, bolts, nails, supporting frames and fastenings free from deterioration, termite infestation, rot, rust or loosening, and able to withstand at all times the wind load for which they were designed.
(B) 
A fence more than four (4) feet in height shall not be out of vertical alignment more than one (1) foot from the vertical measured at the top of the fence. A fence four (4) feet or less in height shall not be more than six (6) inches from the vertical measured at the top of the fence.
(C) 
Property owners shall not erect or maintain a fence determined by the city engineer to be a visual obstruction to traffic or otherwise interfering with the line of sight or sight triangle.
(D) 
Property owners shall regularly maintain painted fence supports, gates, structural members and exterior surfaces that are covered with paint to prevent rusting, peeling or blistering surfaces.
(E) 
Property owners shall not affix signs or maintain graffiti, writings and other symbols on a fence except for those which are permitted as signs under this municipal code or which pertain to the address or occupancy of a property.
(F) 
Property owners shall replace broken, damaged, removed or missing parts of a fence within ten (10) days of the day the owner received notice of the violation, with the same material, or material with comparable composition, color, size, shape and quality of the original fence to which the repair is being made. No person shall use materials not specifically manufactured as fencing materials such as plywood, corrugated steel panels, or fiberglass panels as fencing materials. A fence not required by a specific order of the city council, the zoning code of the city, or required to enclose a swimming pool or spa, may be completely removed within the 10-day period rather than repaired.
(G) 
If the city determines the existing fence is unsafe, dilapidated, or a public nuisance the fence must be repaired with materials approved by this code or removed. The repairs must be made in complete sections extending a minimum of support post to support post. If the extent of repair on any existing fence (materials in noncompliance) is in excess of fifty (50) percent of the linear length of the total fence or more than a combined 100 linear feet, then the entire fence must be replaced with materials approved by this code.
(Ordinance 939-08-03-11, passed 3-11-08)
Existing fences that were constructed prior to the adoption of this chapter that were constructed with materials not currently permitted by this code may be maintained as long as no part of the fence is or becomes unsafe, dilapidated, or a public nuisance.
(Ordinance 939-08-03-11, passed 3-11-08)
Any person who shall violate any of the provisions of this chapter or fail to comply therewith shall be deemed guilty of a class C misdemeanor and, upon conviction, shall be fined not less than $1.00 nor more than $500.00. This offense is hereby declared to be a strict liability offense and the culpable mental state required by Chapter 6.02 of the Texas Penal Code is hereby specifically negated and clearly dispensed with. Each day that the violation occurs shall constitute a distinct and separate offense.
(Ordinance 939-08-03-11, passed 3-11-08)