The City of Hemet's zoning code sets fence height and corner sight-distance limits, but who pays for a shared boundary fence is governed by California's Good Neighbor Fence Act, Civil Code Section 841. Adjoining owners are presumed to share equally in the reasonable cost, and an owner must give 30 days' written notice before charging a neighbor.
Hemet, as an incorporated city, applies its own Municipal Code Chapter 90 to fence height (six feet in side and rear yards, 42 inches in a required front yard under Section 90-315) and to corner-lot sight-distance clearances. The city zoning code does not decide who pays for a fence shared with a neighbor; that question is governed by California state law, the Good Neighbor Fence Act, codified at Civil Code Section 841, which applies statewide including in Hemet. Under Section 841, adjoining landowners are presumed to benefit equally from a fence that divides 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 landowner 30 days' prior written notice describing the nature of the problem, the proposed solution, the estimated cost, the proposed cost-sharing approach, and the timeline. The equal-share presumption can be rebutted by a preponderance of evidence that imposing equal cost would be unjust, in which case a court may order a lesser share or none. The exact boundary line should be confirmed by survey before building on or near it, because building a fence over the line can create a trespass or encroachment dispute separate from the cost question. Recorded CC&Rs in a Hemet subdivision may add private fence requirements beyond the city code.
Boundary-fence cost disputes under Civil Code Section 841 are civil matters resolved between neighbors or in court, not enforced by the city. Hemet enforces only its zoning rules (height, corner sight-distance) and permit requirements. Failing to give the required 30 days' written notice can weaken an owner's claim for contribution from a neighbor. Encroaching a fence onto a neighbor's land is a private property dispute.
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