Fence height on retaining wall?

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    Hi… this a is a slight follow-up to an earlier post… I know the fence height cannot exceed 6′ without a permit.

    The fence I have is 6′ but sits atop a retaining wall that is a foot wide and 2 feet high at one end (the end that meets @ the sidewalk).

    So the total height of the “fence” (in the front) is roughly 8′. There’s a DOB violation on it, but I’m not sure if I can use this as a defense.
    Any thoughts?

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