§ 17.22.11. Procedure for resolution of obstruction disputes.

The following procedure shall be used in the resolution of a view or sunlight obstruction dispute between parties:

A.

Initial Reconciliation.

1.

A complaining party who believes that tree growth on the property of another has caused unreasonable obstruction of view or sunlight from the primary living area or active use area shall notify the tree owner in writing of this concern.

2.

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. If personal discussions fail, neighborhood associations may be willing to assist with the resolution of the obstruction dispute.

B.

Mediation.

1.

If the initial reconciliation attempt fails, the complaining party shall propose in writing that mediation be used as a means to settle the obstruction dispute.

2.

The acceptance of mediation by the tree owner is voluntary. However, the tree owner must either accept or reject the offer of mediation within thirty (30) days of the date the tree owner is served with the proposal to mediate. If mediation is accepted, the parties shall agree upon a mediator within ten days of the date of acceptance.

C.

Section 17.22.18 governs the dispute between a complaining party and the city over a tree located on city-owned property.

(Ord. 99-5 § 2 Exh. A (part))