can picture of backyard be used as evidence

My backyard is completely enclosed with shrubbery and a photograph was taken by the town code enforcer through the shrubbery of a friend who was in my backyard at the time. The picture is being used as evidence to try to prove that the friend was doing demolition work on my property on a Saturday (outside of allowed work time in my town). I need to know if the picture was taken legally and if it can be used in court.