Neighbor won't fix their fence (Houston, Howe: HOA, felony, house)

[germaineray]

My house backs up to a green belt and since hurricane Ike, our neighbor's fence that lines that green belt has been down, literally opening their backyard up to the green belt for the world to see. The part that bothers me most besides the fact that their yard and broken fence is a huge eyesore, is that they have a dog that runs loose. This dog is classified as an aggressive breed and every time I want to take my dogs walking ON THEIR LEASH, I have to check for this loose dog to make sure he's not around. Animal control wont do anything, the sheriff laughed at me (I kind of don't blame him for laughing) and our HOA can only send letters. I want to keep this civil so does anyone have any idea as to how I can encourage these people to fix their fence? This sounds silly but are there any laws about fencing in a backyard in res. area? BTW, we've already spoken with them about this and they said they don't think it's their responsibility because the part of the fence that is down backs up to the green belt (our utility easement) and they are waiting for someone else to take care of it.

[Wysiwyg]

check the HOA manual, he could be right. personally, i'd fix it myself just for experience points if i were him

[westhou]

I understand your frustration. Several homes in my parents neighborhood still have not fixed their fences and it looks really tacky.

[Tasksgirl]

What did animal control say?

[Poltracker]

If you manage to confine their dog on your property, you bet animal control will pick it up. You might also call the officers (enforcement group) at the SPCA and report the animal. They tend to be a little more proactive and failure to confine the dog is a type of mistreatment. Again, they will not go on private property to take the dog but will put the owner on notice especially if the dog has made threatening moves. You can also inform the owner that if his dog bites someone while off his property and injures them, he can be charged with a felony.
Not much you can do about the fence unless the HOA requires it and has teeth to enforce it. Why do they think someone else is responsible for the fence?

[Kappinator]

Friends of mine called the City of Houston Health department when their back fence went down during Ike. The Health Department issued a citation to the owner of the property and a demand to repair it in X number of days or be fined.

[Poltracker]

Originally Posted by Kappinator

Friends of mine called the City of Houston Health department when their back fence went down during Ike. The Health Department issued a citation to the owner of the property and a demand to repair it in X number of days or be fined.

That will not work out in the county. Slightly different definition of what a neighborhood nuisance is. They may require them to remove the damaged fence as a nuisance, but there will be no requirement to put a new one up.

[EasilyAmused]

Maintaining a fence might be required, but you're not required to HAVE a fence. However, it is a law to keep your dog on a leash in COH, and most places in Texas.

[mikeyyc]

Where's all the people that say having a strong HOA sucks now?

[germaineray]

Originally Posted by Tasksgirl

What did animal control say?

To finally reply to your question, when I called animal control the dog was actually in my backyard because he had busted through my fence to try and get my cat (which I quickly spent 50 bucks to repair the fence) and I told animal control it was my neighbor's dog. They said that they can't pick up a dog since I admitted it was my neighbor's. They said if it was a stray, they could arrive to come get it in 3 days to a week because they were extremely busy. It was frustrating and honestly, I don't want to see any harm done to the dog, I just want him contained in his own yard.