(A) Any person, firm or corporation who desires to construct a fence within the city shall make application for a fence permit with the Building Official of the City of Sweeny. The application shall state the name and address of the applicant, the location of the property to be fenced, the type of materials to be used in the fence construction, and the dates of the proposed construction. A fee as set in the city's fee schedule shall be charged for the permit. Before granting the permit, the Building Official shall ensure that the proposed fence complies with the provisions of this section.
(B) Any fence constructed pursuant to this section shall be constructed of materials commonly intended for use in a residential or commercial fence, such as wood, vinyl, chain link or brick, or other materials deemed to be commonly accepted fencing materials by the Building Official.
(C) Materials which may be hazardous when used as fencing, especially materials which may be hazardous during strong winds from a hurricane or tropical storm, are prohibited as fencing materials. Examples of prohibited material are sheet metal or tin or other such materials.
(D) Because of the danger to the public health and safety, any fence in existence on the date of this section which is constructed from materials which are prohibited in division (C) hereof, are prohibited from and after the date of this section. Any such prohibited fences which are identified by the Building Official as being in existence on the date of this section, shall be removed by the property owner or occupant within 90 days of the date of a notice to remove the fence being sent to the name and address of the property as determined by the tax rolls of Brazoria County, Texas, as well as to any occupant of the property so identified. A failure to remove the fence after the mailing of the notice or notices required herein, shall warrant the filing of a complaint in the Sweeny Municipal Court for violation of this section. All fences constructed prior to the date of this section which are not constructed from materials deemed to be in violation of division (C) hereof, are exempt from its provisions.
(E) Any person, firm or corporation who is found guilty of violating any provisions of this section by a court of competent jurisdiction shall be guilty of a misdemeanor and shall be fined in accordance with the General Penalty Provisions of § 10.99 of the Code of Ordinances of the City of Sweeny, Texas.
(Ord. 100-04, passed 10-21-03; Ord. 101-21, passed 3-16-21)
Cross-reference:
Fee schedule, see § 38.01