For the purposes of this article, the following words and phrases will have the meanings respectively ascribed to them by this article:
Dilapidated fence.
A fence that is decayed, deteriorated or fallen into partial ruin. Any fence or a portion thereof that is leaning by ten degrees (10°) or more beyond plumb or has ten percent (10%) or more of its pickets missing shall be considered dilapidated and structurally unsafe as well as a hazard to safety, health or public welfare; and if twenty-five percent (25%) of an existing picket is rotten, missing or decayed, it shall be considered as missing.
Enforcement officer.
Any peace officer employed or retained by the town, the health officer and/or the code enforcement officer or their designated representatives.
Fence.
Any wall or structure more than twelve inches (12") in height erected or maintained for the purpose of enclosing, partitioning, screening, restricting access to or decorating the enclosed lot, parcel, building or structure, or divides any yard.
Town.
The Town of Copper Canyon, Texas.
Town administrator.
The town administrator of the Town of Copper Canyon, Texas, and/or his or her designee.
Yard.
An open, unoccupied space on a lot, other than a court, which is unobstructed from the ground upward by buildings or structures.
(Ordinance 08-257 adopted 10/13/08)
A fence or fences shall be maintained by the owner of the property in compliance with the requirements of this article, including but not limited to the following maintenance standards:
(1) 
A fence more than four feet (4') in height shall not be out of vertical alignment more than one foot (1') from the vertical measured at the top of the fence. A fence four feet (4') or less in height shall not be more than six inches (6") from the vertical measured at the top of the fence.
(2) 
The property owner shall replace broken, damaged, removed or missing parts of a fence within ten (10) days of the day the owner receives notice from the town administrator or enforcement officer, 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. The town administrator or enforcement officer may, upon written notice from the owner that unusual circumstances prevent the timely repair of a fence, extend the replacement time as required. The town administrator or enforcement officer shall not extend the replacement time longer than reasonably necessary. The owner requesting a replacement time extension shall provide the town administrator or enforcement officer a written scope and schedule detailing materials and estimated time period of the completed replacement for approval. No person shall use materials not specifically manufactured as fencing materials such as plywood, corrugated steel panels, or fiberglass panels as fencing materials.
(3) 
A fence not required by a specific order of the town council, the zoning ordinance of the town, or required to enclose a swimming pool or spa, may be completely removed within the ten-day period referenced in subsection (2) rather than be repaired.
(4) 
A fence shall be maintained in sound structural condition.
(5) 
A property owner shall maintain any and all fences, including those existing prior to the adoption of this article, at all times in a state of good repair, safe and secure condition, with all braces, bolts, nails, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or loosening, and able to withstand at all times the wind pressure for which they were designed.
(6) 
A property owner shall not permit or maintain graffiti, writings and other symbols on a fence except for those which are permitted as signs authorized under the town’s zoning ordinance or which pertain to the address or occupancy of a property.
(Ordinance 08-257 adopted 10/13/08)
(a) 
A person may obtain a variance to this article by making a request in writing to the town council, specifying the reasons therefor and upon payment of a fee as designated by the town council.
(b) 
A variance to the provisions of this article may be granted in the following areas:
(1) 
Height regulations;
(2) 
Material regulations; and
(3) 
Repair requirements.
(c) 
A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss. In order to grant a variance to the provisions of this article it must be determined that:
(1) 
The requested variance does not violate the intent of this article;
(2) 
The requested variance will not adversely affect surrounding properties;
(3) 
The requested variance will not adversely affect public safety; and
(4) 
Special conditions exist which are unique to this applicant or property.
(Ordinance 08-257 adopted 10/13/08)
Any fence in or on which there exists a condition not in compliance with this article shall be deemed and is hereby declared to be a public nuisance, a violation of this article and subject to the penalty clauses and remedies available to the town hereunder and under the common law or equity jurisprudence of the state.
(Ordinance 08-257 adopted 10/13/08)
The enforcement officer and/or his or her designee are hereby directed and authorized to administer and enforce the provisions of this article. Nothing contained herein is meant to limit discretion of any enforcement officer in evaluating and directing compliance with this article.
(Ordinance 08-257 adopted 10/13/08)
The town administrator, any peace officer employed or retained by the town, the health officer, the code enforcement officer, or their authorized representatives, acting in good faith and without malice in the discharge of their duties, shall not thereby render themselves personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against any peace officer employed or retained by the town, the health officer, code enforcement officer, or their authorized representatives, because of such act or omission performed in the enforcement of any provision of this article, shall be defended by legal counsel provided by the town until final termination of such proceedings.
(Ordinance 08-257 adopted 10/13/08)
To enforce any requirement of this article, any enforcement personnel may gain compliance by any or all of the following:
(1) 
Taking such action as the town administrator or enforcement officer deems appropriate within the authorization provided for in this article or any other ordinances of the town.
(2) 
Causing appropriate action to be instituted in a court of competent jurisdiction.
(3) 
Ordering the abatement of the nuisance and assessing the costs of abatement against the property if the owner of the property does not abate same after the required notice.
(4) 
Any other remedies permitted by law or equity.
(Ordinance 08-257 adopted 10/13/08)
Whenever the property owner, agent or tenant fails to abate the nuisance within the time allowed, the town administrator or enforcement officer is hereby authorized to contract with a contractor to perform such work as may be required to abate the nuisance, including but not limited to repair or removal of the fence.
(Ordinance 08-257 adopted 10/13/08)
(a) 
Whenever the town enters upon the premises and causes any work to be performed to abate a nuisance, or if the fence is not repaired, removed or demolished, the town may take such action at its own expense, and a charge will be made to the property owner, agent, or tenant to recover the costs associated with the abatement. The charge shall be the actual cost of abatement, plus applicable taxes and administrative fees and penalties.
(b) 
An administrative fee of $300.00 shall be assessed for each such charge.
(c) 
If the actual charge and/or the administrative fee is not paid to the town within thirty (30) days after billing, the town shall file a lien against the property. Said lien shall be filed in the deed records of the county. The charges shown on the lien shall bear interest at the rate of eight percent (8%) per annum from the due date until paid. The lien shall be collected under the same terms and provisions of law as on town ad valorem taxes. The lien may be extinguished prior to foreclosure if the owner or other person having an interest in the legal title to the property reimburses the town for its expenses.
(Ordinance 08-257 adopted 10/13/08)
(a) 
Any person violating or failing to comply with any provision, requirement or order issued pursuant to this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined as provided in section 1.01.009 of this code, as amended. A separate offense shall be deemed committed upon each day during or on which a violation or failure to comply occurs or continues to occur.
(b) 
In addition to any other remedies or penalties contained in this section, the town may enforce the provisions of this article pursuant to the applicable provisions of Texas Local Government Code chapter 54, as amended, which chapter provides for the enforcement of municipal ordinances.
(c) 
Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this article.
(Ordinance 08-257 adopted 10/13/08)