California's Good Neighbor Fence Act (Civ. Code §841) presumes adjoining owners share equally in the reasonable cost of a boundary fence and requires 30 days' written notice before incurring shared costs. Local fence height and material rules in SMC Ch. 19.46 still apply.
Boundary fence disputes in the City of Sonoma are governed primarily by state law: California Civil Code §841, the Good Neighbor Fence Act. That statute presumes that adjoining landowners share equal benefit from any fence dividing their properties and, absent a written agreement otherwise, are 'equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence.' A landowner who intends to incur costs for a shared fence must give 30 days' prior written notice to each affected adjoining landowner, including a description of the problem, proposed solution, estimated cost, cost-sharing approach, and timeline. The presumption can be rebutted by preponderance of the evidence, and a court may then order an unequal share or no contribution. Local rules in SMC Ch. 19.46 (height, materials, sight triangles) still apply regardless of any private cost-sharing agreement. The City does not mediate private boundary disputes; remedies are pursued in civil court (Sonoma County Superior Court).
Failure to give the required 30-day notice can be raised as a defense or basis to reduce a neighbor's cost claim. If a fence is built that violates SMC Ch. 19.46 (e.g., too tall, prohibited material, in a sight triangle), the city's Planning/Building Division will enforce regardless of the neighbors' private agreement, and the owner of the property where the fence is located is responsible for compliance.
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