Legal Question in Real Estate Law in California

If you dispute it, there may be an administrative process. it is not the issue of privacy, but that it may not meet the definition of a blight - if that is what you were sited with. A blight, by common sense, should be something you can see not just when you are on your own property.

Best,

Daniel Bakondi, Esq.

The Law Office of Daniel Bakondi

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I haven't read the ordinance, but my guess is that the answer is yes.

As to the privacy issue, your neighbor does not appear to have committed a privacy violation by noticing a violation of the law. Think of it this way.......if you saw your neighbor, acress the same fence, beating his wife, and reported it to the police, would invasion of privacy be a valid defense? Of course not.

There is a "plain sight rule" in criminal law that distinguishes evidence can be observed without a search from evidence that, if discovered, might have been discovered as the result of an unreasonable search under the 4th Amendment and thus required the owner's consent or a search warrant. What a neighbor can see over or through the boundary fence is clearly in plain sight and not subject to a violation of privacy defense.