Montebello's Zoning Code (MMC 17.10.130) sets the height limits that apply to any boundary fence, but cost sharing between neighbors is governed by California Civil Code 841, the Good Neighbor Fence Law, which presumes equal responsibility and requires 30 days' written notice before incurring costs.
Montebello's Municipal Code sets fence height and location standards under Section 17.10.130, but disputes over who pays for a shared boundary fence are governed by state law, specifically California Civil Code 841, the Good Neighbor Fence Law, rather than by a city ordinance. Under Civil Code 841, adjoining landowners are presumed to share an equal benefit from a fence dividing their properties and, absent a written agreement, are presumed equally responsible for the reasonable costs of construction, maintenance or necessary replacement. A landowner who intends to incur such costs must give 30 days' prior written notice to each affected adjoining landowner. The notice must describe the problem and the proposed solution, the estimated construction or maintenance costs, the proposed cost-sharing
Failing to give the 30-day Civil Code 841 written notice can undermine a neighbor cost-recovery claim. Any boundary fence exceeding Montebello's MMC 17.10.130 height limits remains a zoning violation subject to city code enforcement.
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