Who is responsible for maintaining or fixing a shared fence?

California law presumes that a fence located directly on the property line benefits both homeowners equally (California Civil Code 841). As such, the law states that both homeowners are equally responsible for costs associated with repair and maintenance. The costs involved must be ‘reasonable,’ and backed up by evidence of their need.

If you plan to do work or maintenance on a shared fence, you must give the other homeowner at least 30 days of notice before beginning work.  “The notice shall include notification of the presumption of equal responsibility for the reasonable costs of construction, maintenance, or necessary replacement of the fence. The notice shall include a description of the nature of the problem facing the shared fence, the proposed solution for addressing the problem, the estimated construction or maintenance costs involved to address the problem, the proposed cost sharing approach, and the proposed timeline for getting the problem addressed.”

What if my neighbor won’t pay for to help repair our shared fence?

Unfortunately, it may be necessary to take a neighbor to small claims court to recover the neighbor’s share of costs for the fence repair.  To do this, the repair must be completed and paid for prior to the lawsuit. The land owner is required to give notice to the neighbor of the problem with the fence, the proposed solution to the problem, the estimated costs to repair and proposed timeline for completing the repair at least 30 days prior to any repairs or construction being completed.

If the neighbor wants to rebut the presumption of equally sharing costs of the fence, the neighbor is required to show proof of disproportionate benefit, financial constraints, etc.

What permits are required for fences?

Fences constructed of light-weight materials are exempt from a building permit within the height limitations. Permits are required for heavier materials, (e.g. masonry, stone, stucco, CMU, etc.).  See the handout Fence Wall and Hedge Requirements

What should I do if I am bothered by smoke from a wood stove or fireplace from inside my neighbor's home?

Nuisance Burning

Do I need a permit to have an outdoor fire?

Residential recreational outdoor burning includes burning in fire pits, outdoor fireplaces and similar freestanding devices, campfires and bonfires. A recreational fire may involve the cooking of food. Davis residents are not required to obtain a permit for a recreational fire on private property. A permit is required for a recreational fire on public property pursuant Davis Municipal Code Article 13.03. This guideline does not pertain to agricultural and yard burning.

Outdoor Residential Recreational Burning Requirements

Property Maintenance

Who is responsible for property maintenance & correcting code violations?

The property owner is responsible for ensuring that code violations are corrected. However, the property tenants may also have an obligation (through the rental agreement) to keep the property in good condition and free from code violations. Under California Civil Code Sections 1928 and 2941.2, tenants are required to take reasonable care of the rented property. The tenant is responsible for damages caused by him/her or anyone else for which he/she is responsible (e.g. children and guests) that result from neglect or abuse. The landlord is responsible for repairing conditions that seriously affect the rental unit’s habitability. For less serious repairs, responsibility for repairs is often determined by the rental agreement.

What should I do if the property owner next to my yard is not taking care of their trees and I am worried the tree branches will fall and damage my home or I just don’t want the branches encroaching on my property?

If it is a rental property and you don’t have the property manager’s contact information you can email the Rental Resources Program at rentalresources@cityofdavis.org for that information. Staff will not be able to provide you information for the owner but if there is a property manager, that information will be provided.

If you have tried to talk to your neighbor or the property manager and they are refusing to trim the tree that is encroaching on your property you can send a certified letter letting them know that you plan to trim the tree yourself or will hire someone to trim the tree. Keep a copy of this letter as well as any documentation of dates you talked to the neighbor or property manager and their response. Take pictures before and after trimming. 

A property owner is allowed to cut the branches and roots of a neighboring tree that is invading their property.  However, if you kill the tree, you will be responsible for the costs to replace the tree. You can trim branches and roots back to the limit of your property line or fence adhering to these guidelines:

• you may not cut down the tree
• you need permission to enter the tree owner’s property
• you cannot injure the tree when trimming
• trimming may only occur up to the boundary line between properties

Additionally, it is prudent to consult a tree trimming service before trimming a tree back.  Trimming branches and roots puts stress on a tree, and you do not want to risk damaging or destroying the tree unintentionally. 

If the tree is a City of Davis tree (trees in the front yard), put in a request for modification at City Tree Removal and Modification Requests.

I know a property is a rental property, why doesn’t it show up as a registered rental online?

1. The owner may be out of compliance with the city’s requirement to register their rental.

   
   

2. The owner may have registered their duplex under a different address. Typically duplexes have one parcel number but two different addresses. Since it is one parcel only the lower number is required to be registered. For example, 420 and 422 Smith Street would be registered under 420 Smith Street even if the owner lived in 420 but was renting 422.

   
   

3. If the main parcel also has an accessory dwelling unit (ADU) as known as a “granny flat” that is a rental, the main parcel is registered but not the ADU. For example, the main house is 435 Jones Street and the ADU is 435 ½ Jones Street.435 Jones Street is the number that would be registered.

Short-term Rentals

What is a short-term rental?

Short-term rentals are rentals that are 30 days or less.

Does the City of Davis have any restrictions for short-term rental properties? 

The City of Davis has two restrictions on short-term rentals properties:

1. Affordable or low-income properties shall not be used for any type of rental property.
2. Accessory Dwelling Units or Junior Accessory Dwelling Units shall not be used for short-term rentals for less than thirty consecutive days.

Some homeowners associations (HOA) also have restrictions so, if you are living in an HOA community, please check with your association first.

What are the requirements for short-term rental properties?

A business license is required and there is also a Transient Occupancy Tax (TOT). Please contact the Finance Department if you have questions regarding either of these.

Can Homeowner Associations restrict short-term rentals?

The short answer is yes. 

In 2020, California passed a new state law (AB 3182) creating a new Civil Code Section 4741 which says a planned unit development (PUD) association may not unreasonably restrict the rental or leasing of any of the owner’s individual lot, including the residence, Accessory Dwelling Unit (ADU), or Junior Accessory Dwelling Unit (attached ADU).  However, they may restrict such short-term transient use of property through express and explicit provision contained in recorded Covenants, Conditions and Restrictions (“CC&R’s”). 

How many people can stay in a short-term rental unit?

While rules vary from city to city, generally speaking the cap on occupancy for short-term rentals in California in a given rental unit is two adults per bedroom, up to a total of 10 adults. Davis does not have restrictions beyond the state’s occupancy restrictions.

For more information:  Airbnb & Short-Term Rental Rules and Regulations in California

Pre-Designed Accessory Dwelling Unit Plans 

What Constitutes Visual Blight?

The City of Davis Municipal Code (Chapter 23, Article 23.01, item 9) defines visual blight as:

Any unreasonable, non-permitted or unlawful condition or use of real property, premises or of building exteriors which by reason of its appearance as viewed from the public right-of-way, is detrimental to the property of others or to the value of property of others, offensive to the senses, or reduces the aesthetic appearance of the neighborhood. Visual blight includes, but is not limited to, the keeping, storing, depositing, scattering over or accumulation on the premises any of the following:

1. Lumber, junk, trash, debris, scrap metal, rubbish, packing materials, building materials,
   
   
2. Abandoned, discarded or unused objects or equipment such as furniture, stoves, appliances, refrigerators, freezers, cans or containers, automotive parts and equipment,
   
   
3. Abandoned, wrecked, disabled, dismantled or inoperative vehicles or parts thereof except inoperative vehicles that are not abandoned and are in an active state of renovation or restoration. For purposes of this article, “active state of renovation or restoration” means that the vehicle is actively being restored or renovated in a manner intended to make the vehicle operational, and shall not include restoration or renovation that solely improves the interior or exterior appearance, but not the operation, of the vehicle. A vehicle shall only be permitted to be in an active state of renovation or restoration for a period that shall not exceed ninety days, whether consecutive or non-consecutive, out of any twelve-month period,
    
4. Stagnant water or excavations,
   
   
5. Any personal property, object, device, decoration, design, fence, structure, clothesline, landscaping or vegetation which is unsightly by reason of its condition or its inappropriate location,
   
   
6. Vehicles parked on any surface other than an “improved surface” or “driveway,” as those terms are defined in Chapter 40 of this Code;

Follow these tips to be a responsible neighbor and tenant to avoid conflicts with neighbors or legal action:

• Maintain a clean and sanitary rental home.  Do not damage the home. Never leave debris, furniture or vehicles on front lawns.  Citations can be given for overgrown weeds, visible debris and/or abandoned vehicles in public view.  City's visual blight ordinance (Davis Municipal Code 23.01.030.9).
  
  
• Help keep Davis beautiful by putting waste where it belongs.  The city recycles and has a compost program. 
  
  
• If applicable, bring trash cans in from the curb after trash pick up.  Trash is collected weekly.  The city of Davis contracts with Recology Davis.  Go to www.recology.com/recology-davis/ to find your trash day.
  
  
• Pay your rent on time. If you cannot pay when the rent is due, contact your landlord to explain the situation, and give a date when you can pay.
  
  
• Inform the property manager when anything needs to be repaired. It is best to hand-deliver a request in writing with a witness, or send it by certified mail. (Remember to keep a copy for yourself.) Keep accurate, organized records of all requests and transactions between you and your landlord.
  
  
• Obey the laws of your neighborhood and apartment complex. Every neighborhood is different. Make sure you understand any rules set by a homeowner's association in your area.
  
  
• Get to know your neighbors. Understand that neighbors who are not college students may not be on a student schedule.
  
  
• Notify your neighbors if you plan to have a gathering. They may respond better if you have built a relationship and given them notice.  Avoid hosting social functions that may cause problems with neighbors and always comply with the City's noise ordinance (Davis Municipal Code 24.05.010)
  
  
• Noise ordinance - it is a violation for any person to willfully make any noise which unreasonably disturbs the peace and quiet of any neighborhood.  Violations are enforced by the Davis Police Department.  Violators receive either a warning or citation.  If the property is a rental, the violation and citations will be transmitted to the tenant.  Fines for noise violations are: $100 for first citation, $200 for second citation, and $500 for the third and subsequent citations.
  
  
• Familiarize yourself with, and follow, the smoking control ordinance (Davis Municipal Code 34) and the open container ordinance (Davis Municipal Code 26.04)
  
  
• Do not engage in, or allow, any illegal activity.

Resources

California Tenants' Handbook (PDF)

Yolo Conflict Resolution Center