On Mon, 8 Jul 2013 08:20:50 -0700 (PDT), wrote:

On Monday, June 24, 2013 12:58:51 PM UTC-4, Don Wiss wrote:
But far simpler than all of this is to simply slice off the part that is in
my yard. Very simple to do.

What the hell do you mean by "slice off?"
Are you talking about splitting the posts vertically or something? What about the part underground?

Yes. If I left the top alone he wouldn't even know. He can't see my side. I
would leave what is underground. Right now I waiting for the city to cite
him for it being overheight. And to see what the city says about it being
an inadequate retaining wall. Right now the wall is already bulging out
onto my property.

It appears that on the side walls there is cement board between the soil
and the 3/4" cedar. There is not along the back wall.

I want to put a fence across my backside. It will be mahogany. It will last
50 years. I don't want to have to put it 2" inside the property line.

The fence is at an angle. One post is 1-7/8" inside. The next post is
1-1/2" inside. And the last two posts can't be easily measured, but let's
say 1-1/4" inside.

Frankly, you've only made a half-hearted attempt to contact the owner about the issue. You probably emailed or called a whopping one time and left a voicemail...
If this is such a big deal to you put some real effort into making contact, and don't let up until you physically talk to someone.

I do not have an e-mail address for the owner. Nor is there a phone number.
Walking around the block is the only way I have to contact him. When I did
meet with him I gave him my card and he said he would e-mail me. He did
not. I gather his tactic is to simply ignore me and hope I give up.

The city can take 40 days to come inspect. Someone else complained about
the fence height. It took them 45 days to visit. I don't know where they
measured from (not my property), and the inspector claimed it was okay.

Don. www.donwiss.com (e-mail link at home page bottom).