§ 17.96.030. Maintenance requirements.

A.

All fences required by a city ordinance, regulation or approval for screening, buffering or other requirement shall be perpetually maintained, repaired or replaced by the owner.

B.

All portions of fences required or not, in a dilapidated state shall be repaired or replaced by the owner of the property upon which the fence is located. Fences not required by city ordinance or approval may be removed. For the purpose of this title, a dilapidated fence shall be defined as:

1.

Any masonry wall and/or masonry fence with loose, cracked or broken brick, stone, rock, mortar or similar materials;

2.

Any masonry wall and/or masonry fence with brick, stone, rock, mortar or similar materials that is discolored from the predominant original fence color in an amount that comprises ten percent or more of the total fence area of a property;

3.

Any eight-foot section of any fence that is more than fifteen degrees out of vertical alignment; or

4.

Any eight-foot section of a wood fence that has ten percent of its pickets or structural elements damaged, missing, or rotted.

C.

Repairs and partial replacements of any nature shall be made with materials of comparable composition, color, size, shape, quality and otherwise similar appearance of the original fence to which the repairs or replacements are being made. Products manufactured for other uses such as plywood, corrugated steel or fiberglass panels are prohibited as fence materials. For the masonry wall and/or masonry fence fronting Benbrook Boulevard and RM 2871, surrounding the Westpark Development, the sole color permitted by this Section is Pittsburg Paints, Color Name: West Park Wall 9630-972-2011, Color Code #96003000000841 or equivalent unless otherwise approved by city council.

D.

Fences may not be braced by guy wires, braces, or any other material that may be viewable from any public street, right-of-way, alleyway, or property and easements controlled by the city.

E.

If an owner of land fails to correct a violation of this Section 17.96.030, a city official may give notice to the owner of the land to abate a violation within thirty days of the date of the notice.

1.

The notice must be hand delivered to the owner in writing, or by letter addressed to the owner at the owner's post office address as shown on the latest tax roll.

2.

If personal service cannot be obtained or the owner's post office address is unknown, notice may be given;

a.

By publication in the city's official newspaper at least twice within ten days; or

b.

By posting the notice on or near the front door of the main building on the property to which the violation relates; or

c.

If the property contains no building, by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates.

F.

If the owner fails to abate a violation of this section within thirty days of the notice, the city may, at its discretion, do the work and charge the expenses to the owner of the property and assess the expenses against the land on which the work is done. In order to assess the expenses incurred against the land on which the work is done, the city shall notify owner of the land upon which the work was done, in a manner described in five above, and such notice shall include:

1.

Identification of the property;

2.

Description of the violation;

3.

A statement that the city has abated the condition;

4.

A statement of the city's charges and expenses in abating the condition;

5.

An explanation of the property owner's right to request a hearing within ten days of the date of the notice;

6.

A statement that if the owner fails or refuses to pay the expense within thirty days after the first day of the month following the month in which the work was done, the mayor or the mayor's designee shall place a lien against the property by filing with the county clerk of Tarrant County, a notice of the lien and a statement of expenses incurred;

7.

The city manager or the city manager's designee will conduct a hearing if the property owner submits a written request to the city manager within ten days of the property owner's receipt of the notice. The city manager may, based on a preponderance of the evidence presented at the hearing, affirm or modify the charges.

8.

If no hearing is requested, or a hearing is held and the charges are determined to be valid, and the owner fails or refuses to pay the expenses within thirty days after the first day of the month following the one in which the work is done, the mayor or the mayor's designee shall place a lien on the property by filing with the county clerk of Tarrant Country a notice of lien and statement of expenses incurred.

9.

The lien is security for the expenditures made and interest accruing at the rate of ten percent per annum from the date such amount was owed to the city until payment is made.

10.

When the statement is filed, the city shall have a privileged lien on the property second only to tax liens and liens for street improvements.

11.

The city may institute suit to recover the expenditures with interest and may foreclose on the property. The original or a certified copy of the statement of expenses is prima facie proof of the expenses incurred by the city in doing the work or making the improvements.

(Ord. No. 1344, § 1, 10-18-2012; Ord. No. 1393, § 26, 1-21-2016 )