The owners of lots and lands shall contribute equally to the construction and maintenance of partition fences. Such partition fences shall be constructed of good and substantial material and shall comply with Section 1185.03(g).
(1937 Code, Sec. 128.)
Whenever any controversy arises concerning the rights of owners of adjoining lands relative to the building or maintaining of partition fences either party may apply to Council and on such application Council shall view the fence or premises where the fence is to be built and assign in writing to each party his equal share thereof to be by him constructed or kept in repair. (1937 Code, Sec. 129.)
If either party fails to comply with the apportionment made by Council as to such fences, upon application of the aggrieved party, Council may employ some suitable person to build or repair the portion of such fence specified in the assignment and apportionment to be built or repaired and Council shall collect the costs and expenses of the same by suit at law from the party who failed, or refused to comply with the order and apportionment made by Council.
(1937 Code, Sec. 130.)