Fort Myers does not maintain a municipal shared-fence cost-sharing ordinance. Standard Detail F-1 reminds owners that 'no part of the fence or concrete shall encroach onto other properties' and that locating property lines is the owner's responsibility (call 811 / 1-800-SUNSHINE before digging). Fences within a utility easement remain the owner's responsibility during any utility construction. Disputes over location, encroachment, or cost are civil matters under Florida common law.
Section 118.3.8 and the Standard Fence Site Plan (F-1) require that the fence be located entirely on the permittee's property and that the location of all underground utilities be identified before digging by calling Sunshine 811. A fence built within a utility easement is the owner's responsibility during any utility construction - the city or utility may remove or damage the fence to perform repairs and is not required to replace it. Likewise, no fence may be erected or placed within a drainage easement (D.E.). Fort Myers does not adopt a 'good neighbor' cost-sharing statute like California Civil Code 841; under Florida common law a partition or boundary fence is generally a private matter to be negotiated between adjoining owners, and disputes are resolved in county court. The Planning Division Guidelines also note that no more than three fence types may be installed on a single property, which can limit the use of mismatched neighbor fences along a shared line.
A fence that encroaches onto a neighbor's lot must be removed or relocated at the offending owner's expense - the city does not survey or adjudicate. Removing a neighbor's fence without authorization may expose the actor to civil liability. Damaging an underground utility because 811 was not called before digging can result in repair charges and personal liability under FS 556.105.
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