|16||Establish a tree board or commission||6,8|
|17||Specify cooperation between departments and agencies||6,7|
|18||Develop a comprehensive management plan||1,2,3,4,5,7|
|19||Resolution of conflicts between trees and structures||1,2,4|
|20||Exemption from Solar Shade Control Act (California)||1|
|21||Responsibilities of property owners||5|
|22||Help for citizens performing tree maintenance||2,8|
|24||Permit required for planting trees in the public right-of-way||5|
|26||Situations which are declared to be public nuisances||2|
|27||Abatement of hazards and public nuisances||2|
|28||Licensing of private tree care firms||2|
|29||Harming public trees forbidden||2|
|30||Permit required for activities that may damage city owned trees||1,2,4,5|
|31||Permit required for activities that may damage protected private trees||1,2,4|
|32||Conservation of forest and woodland resources during development||1,3,4|
|33||Procedures to be followed in resolving tree disputes||9|
|34||Standards for resolution of tree disputes||9|
|35||Apportionment of tree dispute resolution costs||9|
|36||Recording for notification of future owners||9|
|37||Enforcement of tree dispute resolutions||9|
33. Procedures to be followed in resolving tree disputes
Purpose: To set forth procedures to be followed in resolving disputes over alleged obstruction of views or sunlight by trees.
Some jurisdictions require a public hearing before a city committee in the event that private reconciliation or mediation fails to resolve the dispute. In this case, the findings of the committee may be subject to appeal. In other jurisdictions, binding arbitration is an option. No appeals are allowed if binding arbitration is elected.
Responsibility for hearing disputes should be designated. If a committee, such as a community tree board already exists, this could be one of its responsibilities. If a new committee needs to be constituted to settle disputes, its makeup should be specified in the provision.
|A claimant who believes in good faith that
the growth, maintenance or location of trees situated on the property of
another diminishes the beneficial use, or economic value of his or her
property because the tree interferes with the access to sunlight or views
naturally accruing to the property, shall notify the tree owner in writing
of these concerns. The notification should, if possible, be accompanied
by personal discussions to enable the complaining party and tree owner
to attempt to reach a mutually agreeable solution.
[San Francisco, CA: Public Works Code Section 823(a)]A. Where the initial reconciliation attempt fails, the claimant shall propose mediation as a means to settle the dispute on a relatively informal basis. Acceptance of mediation by the tree owner shall be voluntary. If mediation is elected, the parties shall mutually agree upon a tree mediator. ... The tree mediator shall not have the power to issue binding orders for restorative action, but shall strive to enable the parties to resolve their dispute at this stage by written agreement in order to eliminate the need for a hearing before the Tree Commission or for litigation.
B. Where the initial reconciliation process fails and where mediation has not resolved the dispute, the claimant and the tree owner shall be subject to the findings and order of the commission following a noticed hearing...
[El Cerrito, CA: City Code Section 10.50.150]
|A claimant who believes in good faith that
the growth, maintenance or location of trees situated on City property
diminishes the beneficial use, economic value, sunlight, or the enjoyment
of views naturally accruing to the claimant's property, may apply to the
City on a form approved by the Public Works Director....All view claims
found by the City to be valid shall be subject to restorative action...
[Sausalito, CA: City Code Section 11.12.040D]
Purpose: To establish standards to judge tree dispute claims.
To minimize the negative impacts on the trees involved, some ordinances specify a hierarchy of potential corrective actions. Tree removal and topping should be discouraged, and less drastic steps should be used whenever possible.
|In adjucating all disputes, unless otherwise
specifically provided, the provisions of this chapter are to be utilized
to resolve view claim disputes.
A. The claimant has no right greater than that which existed at the time of the claimant's acquisition of the property involved in the view claim and shall provide evidence to prove the extent of that original view and right.
B. The character of a view shall be determined by evaluating:
1. The extent of the alleged view obstruction, expressed as a percentage of the total view, and calculated by means of a surveyor's transit or by photography or both; and
2. The extent to which landmarks or other unique features in the view are obstructed.
[El Cerrito, CA: City Code Section 10.20.130]In resolving the tree dispute, the tree arbitrator or court shall consider the benefits and burdens derived from the alleged obstruction within the framework of the purposes of this Article as set forth is Section 821 in determining what restorative actions, if any, are appropriate. In proposing any given restorative action the complaining party shall have the burden of proving that the burdens posed by the tree owner's trees outweigh the benefits provide by the trees with respect to the proposed restorative action.
[San Francisco, CA: Public Works Code Section 824]Any restorative action shall be evaluated based on the standards of this article and consideration of the following:
[Contra Costa County, CA: Code Section 816-2.612]All restorative actions shall be undertaken subject to the following:
[El Cerrito, CA: City Ordinance Section 10.50.130G]
Purpose: To establish a method for assigning costs associated with the dispute resolution process and restorative actions.
Notes: The method by which costs are assigned should be specified for both private party disputes and private party-city disputes. Generally, the claimant is assigned the greater share of the associated costs, and may bear all costs if the claim is rejected.
|... The costs of all mandated restorative
actions and/or replacement plantings shall be apportioned between the claimant
and the tree owner as mutually agreed to, or in the absence of agreement
as follows: ...
[El Cerrito, CA: City Code Section 10.50.150C(2)](a) The complaining party and the tree owner shall each pay 50 percent of the costs of the arbitrator's personal fee, if any.
(b) The complaining party shall pay 100 percent of both parties' reasonable attorneys' fees in the event that his or her claim is finally denied, or no action is ordered pursuant to Section 824(c). In all other cases the complaining party and the tree owner shall each pay his or her attorney's fees. Court costs shall be allocated to the parties at the court's discretion.
[San Francisco, CA: Public Works Code Section 825]
Purpose: To provide notice to future property owners of limitations on the property associated with a tree dispute resolution.
|Any final decision of the tree commission
or the City Council, in the case of an appeal, which provides for limitations
on the property of a tree owner shall be recorded so that record notice
of the decision is given to successors in interest of the tree owner's
[El Cerrito, CA: City Code Section 10.50.202]
Purpose: To describe methods for enforcing the tree dispute resolution process. Key elements:
|Violations of this chapter are not misdemeanors
or infractions. Enforcement of this chapter shall be by the involved private
parties. Any claimant may seek to enforce any restorative action mandated
pursuant to this chapter through ordinary legal proceedings.
[Contra Costa County Code Section 816-2.1004]Failure or refusal of any person to comply with a final decision under this Chapter or to comply with any provision of this Chapter shall constitute a misdemeanor and shall be punishable by a fine of $1,000 or six months in County Jail, or both. Failure or refusal of any person to comply with a final decision under this Chapter shall further constitute a public nuisance which may be abated in accordance with the procedure contained in Chapter 8.24 of the Title...
[Rolling Hills, CA: City Code Section 8.32.070]
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