Shared boundary fences in California are governed by the Good Neighbor Fence Act (CA Civil Code §841), presuming adjoining owners share the cost equally after 30 days' notice. Spite fences over 10 feet are a private nuisance (§841.4).
Boundary-fence disputes in San Rafael are governed by state law rather than a city ordinance. The Good Neighbor Fence Act (Civil Code §841) presumes that neighbors sharing a boundary fence benefit equally and should split the reasonable costs of building or maintaining it. The mechanism is the 30-day notice: before doing the work, you send the adjoining owner a written notice covering the problem, the proposed solution and the estimated cost. A neighbor can rebut the equal-share presumption in court. And under §841.4, a fence over 10 feet erected to annoy a neighbor is a private nuisance.
Contact your local code enforcement office for specific penalty information.
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