My point isn't to make a convincing theory. It is to prove the city is making an improper initial determination and in the process, creating a defense for the op should the city attempt to enforce that Questionable initial determination.
I do not agree the fence creates a violation. I'm just suggesting a means of making the city make the same conclusion or to prevent the fence being constructed in a manner they do rule it would create a violation.
as to asking the neighbor to build the fence differently;
have you all missed the point the neighbor is threatening to build the fence with the intent to create a code violation causing problems for the op?