§ 17.22.12. Tree claim preparation.

If the initial reconciliation process fails, and the mediation either is declined by the tree owner or fails, the complaining party must prepare a tree claim and provide a copy to the tree owner, in order to pursue either binding arbitration or litigation under the authority of this chapter. A tree claim consists of the following:

A.

A description of the nature and extent of the alleged obstruction, including pertinent and corroborating physical evidence. Evidence may include, but is not limited to photographic prints, negatives or slides. The evidence must show absence of the obstruction at a point in time during the tenure of the complaining party. Evidence to show the date by property acquisition or occupancy by the complaining party must be included;

B.

The location of each tree alleged to cause the obstruction, the address of the property upon which the tree is located, and the present tree owner's name and address;

C.

Evidence of the failure of initial reconciliation (Section 17.22.11(A)) to resolve the dispute. The complaining party must provide physical evidence that a written attempt at reconciliation has been made and failed. Evidence may include a copy of and receipt for certified or registered mail correspondence;

D.

Evidence that mediation (Section 17.22.11(B)) has been attempted and has failed or has been declined by the tree owner;

E.

Specific restorative action proposed by the complaining party to resolve the unreasonable obstruction.

(Ord. 99-5 § 2 Exh. A (part))