Why would you assume 6" on center is out of code? everyone keeps bringing that up because the first response assumed it. For all you know it is a 3" picket. that would leave a 3" spacing...not saying that is true either just saying you don't know the size of the parts so you can claim that 6" OC is out of code.

And no $50 isn't enough...but I would do it for that cause I ain't doing it to pay the/any bills.