§ 17.22.13. Binding arbitration.

A.

In the case where the initial reconciliation process fails and where mediation is declined by the tree owner or has failed, the complaining party must offer in writing to submit the dispute to binding arbitration. The acceptance of binding arbitration by the tree owner is voluntary. However, the tree owner has thirty (30) days from service of notice to either accept or reject binding arbitration. If binding arbitration is accepted, the parties shall agree on a specific arbitrator within twenty-one (21) days of the date of acceptance and shall indicate an agreement in writing.

B.

The arbitrator shall use this chapter to reach a fair resolution of the tree claim and shall submit a complete written report to the complaining party and the tree owner. This report shall include the arbitrator's findings with respect to Sections 17.22.7 and 17.22.8 of this chapter, a pertinent list of all mandated restorative actions with any appropriate conditions concerning such actions, and a schedule by which the mandated actions must be completed. The decision of the arbitrator is enforceable under Code of Civil Procedure Section 1280 et seq.

(Ord. 99-5 § 2 Exh. A (part))