§ 153.195  UNSAFE OR HAZARDOUS FENCES.
   (A)   If at any time, in the opinion of the city, a fence, wall, or hedge becomes unsafe to the public or person occupying the property, the city shall order the fence removed. The time given to remove an unsafe fence, wall, or hedge shall not exceed 30 days from the date of notice.
   (B)   A fence shall be considered to be an unsafe or hazardous under the following circumstances; however, the city may find a fence is unsafe or hazardous under other circumstances not specifically listed herein:
      (1)   Whenever any portion of the fence, its appurtenance, or its members has been damaged by fire, wind, flood, or other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe;
      (2)   Whenever any portion of the fence, its appurtenance, or its members is likely to fail, become detached or dislodged, or collapse and thereby injure persons or damage property;
      (3)   Whenever any portion of the fence, its appurtenance, or its members or ornamentation on the fence is not of sufficient strength or stability, or is not so anchored, attached, or fastened in place so as to be capable of resisting wind pressure as is stated in the Building Code for new structures;
      (4)   Whenever any portion of the fence, its appurtenance, or its members has cracked, warped, buckled, or settled to such an extent that the fence or portions of the fence are materially less resistant to wind;
      (5)   Whenever the fence, its appurtenance, or its members or any portion thereof, because of dilapidation, deterioration, or decay; faulty construction; the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such fence; the deterioration, decay, or instability of its foundation; or any other cause is likely to partially or completely collapse;
      (6)   Whenever the fence, its appurtenance, or its members list, lean, or buckle to such an extent that the plumb line passing through the center of gravity does not fall inside the middle one third of the base of the fence;
      (7)   Whenever the fence, its appurtenance, or its members or a portion thereof has been constructed in violation of any specific requirements of the Building Code, the city’s ordinances, or the state’s laws; and
      (8)   Whenever the fence, its appurtenance, or its members or portion thereof is creating a traffic hazard because of visibility as determined by the Police Chief.
   (C)   (1)   If any owner of record fails to abate a nonconforming or unsafe fence, wall, or hedge within 30 days after receipt of written notice from the Building Inspector, certified mail, return receipt requested, the city shall have the right to go upon the property and abate the violation without further notice to the owner or occupant of record.
      (2)   The city may recover its costs of abatement in any court of competent jurisdiction.