To avoid undue hardship and provide for the application of the requirements of this chapter to existing fences, the City Commission adopts the following special procedure for fences existing as of the effective date of this chapter:
(A) City officials shall promote public awareness and provide intense and/or targeted public education about the requirements of this chapter for a period of six months from the date of adoption of the fence ordinance.
(B) City officials shall conduct courtesy inspections of existing fence installations upon request or at the discretion of the official based upon the condition of the existing fence installation. Warning citations shall be issued for a period of six months from the date of adoption of the fence ordinance. Except as provided hereinbelow, such warning citations shall not be enforceable as a violation unless and until the expiration of six months from the date of adoption of the fence ordinance, and the condition remains unresolved or the property owner fails to make reasonable effort to comply with the requirements of the citation for a period of 30 days.
(C) Warning citations may be made enforceable for cause within the six months from the date of adoption of this chapter or at any time thereafter for any condition which may be deemed a nuisance in accordance with § 94.001 and the Tex. Health and Safety Code § 341.001, upon the joint recommendation of the Director of Community Development, Fire Marshal and Chief Building Official and approval by the Mayor.
(D) From and after the six month anniversary of the date of adoption of the fence ordinance, all citations shall be enforceable if the cited condition remains unresolved or the property owner fails to make reasonable effort in good faith to comply for a period of ten days.
(Ord. 2023-12, passed 4-19-2023)