§ 17.22.2. General principles applicable to the process of view and sunlight restoration.

The right to a view and to sunlight and the process by which those rights may be restored are based upon the following general principles:

A.

The city recognizes that residents, property owners and businesses cherish their outward views from their properties and the benefits of plentiful sunlight reaching their buildings and yards. Both outward views and plentiful sunlight reaching property contribute greatly to the quality of life and promote the general welfare of the entire community.

B.

The city also recognizes the desire of its residents, property owners and businesses for beautiful and plentiful landscaping, including trees. The city realizes that this desire may sometimes conflict with the preservation of views and sunlight, and that disputes related to view or sunlight obstruction may arise.

C.

Owners and residents should maintain trees on their property in a healthy condition for both safety reasons and for preservation of sunlight and outward views. Before planting trees, owners and residents should consider view and sunlight blockage potential, both at the time of planting and at tree maturity. A person should have the right to seek a civil remedy when threatened by dangerous tree growth.

D.

This chapter establishes a process by which one may seek to preserve or restore a view or sunlight which existed at the time of one's purchase or occupation of the property or at any time afterwards from the unreasonable obstruction by the growth of trees.

E.

When a dispute over view or sunlight obstruction arises, the parties involved should act reasonably to resolve the dispute through friendly communication, thoughtful negotiation, compromise, discussion with the appropriate neighborhood and homeowner association and other traditional means for settling a dispute. A dispute which is not resolved through such means shall follow the procedure established by this chapter.

F.

This chapter should receive thoughtful and reasonable application. The rights and remedies established by this chapter do not authorize clear-cutting or substantial denuding of property of its trees.

G.

The resources of the city will not be allocated to enforcement of the terms of this chapter.

(Ord. 99-5 § 2 (Exh. A (part))