Nevada County's code sets fence heights and sight-distance rules (Sec. 12.04.106) but does not govern who pays for a shared boundary fence. That is controlled by California Civil Code Section 841, the 'Good Neighbor Fence Law,' which presumes adjoining owners share equally in the reasonable cost of a boundary fence and requires 30 days' written notice before incurring costs.
There are two layers to neighbor fence questions in unincorporated Nevada County. First, the county's Sec. 12.04.106 (Fencing and Hedges) controls how tall a fence or hedge may be in each yard and protects vehicle sight distance along roadways; a fence on or near a shared line must still meet the height limit for that yard and zoning district. Second, the financial and shared-responsibility side of a boundary fence is governed by California law, not the county code. Under California Civil Code Section 841, adjoining landowners are presumed to share equally in the benefit of a fence dividing their properties and, unless they agree otherwise in writing, are presumed equally responsible for the reasonable costs of construction, maintenance, or necessary replacement. A landowner who intends to incur such costs must give each affected adjoining owner 30 days' prior written notice that includes the proposed work, the estimated cost, and the presumption of equal responsibility. The equal-cost presumption can be overcome by a preponderance of the evidence showing that equal responsibility would be unjust (for example, where one owner's actions caused the damage or where one owner does not benefit). Disputes over cost-sharing are civil matters between neighbors, not enforced by county code enforcement.
A fence that violates the county's Sec. 12.04.106 height or sight-distance rules is a county code matter subject to enforcement. Cost-sharing disagreements under Civil Code Section 841 are private civil disputes; failing to give the required 30 days' written notice can weaken a claim for contribution if a neighbor later seeks reimbursement in court.
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