Except for violations of section 10-3-2616 of this title, complaints received by the city regarding foliage blocking views in Trousdale Estates shall be addressed through the view restoration permit preapplication procedures in this article. The procedures in this article will be augmented by the view restoration guidelines.
The procedures set forth below shall be followed in order for a view owner to pursue remedies available in this article. More than one view owner may pursue remedies simultaneously with one or more foliage owners as determined by the parties involved.
A. Parties' Option To Enter Binding Arbitration; Effect Of Arbitration Decision: Nothing in this article is intended to preclude interested parties from agreeing to resolve the dispute or disputes through binding arbitration, in which case compliance with the procedures set forth in this section shall not be required. View owners who are subject to a binding arbitration decision shall be precluded from applying for a view restoration permit as to any foliage owner who is a party to the binding arbitration decision.
B. Initial Neighbor Outreach:
1. If a view owner wishes to pursue remedies available in this article, the view owner shall notify each foliage owner in writing of concerns regarding disruption of the view owner's protectable view by foliage on foliage owner's property (the "initial neighbor outreach"). This initial neighbor outreach shall be on a form provided by the city in the view restoration guidelines on file in the city, shall be signed by the view owner, and shall include a signed statement from view owner that view owner or the view owner's representative shall offer to meet with each foliage owner. The initial neighbor outreach notification shall clearly identify the remedy sought by view owner and include a good faith estimate of the cost of the remedy, and an offer to pay that amount.
2. Agreement to participate in the initial neighbor outreach by each foliage owner shall be voluntary, but each foliage owner shall have no more than thirty (30) days from service of written request to respond to the view owner, unless foliage owner requests a ten (10) business day extension in writing or the response period is otherwise extended by mutual agreement of the view owner and the foliage owner. Failure to respond shall be considered rejection by the foliage owner. The initial neighbor outreach should be followed by discussions between view owner and each foliage owner to attempt to reach a mutually agreeable solution.
3. If the view owner and a foliage owner are unable to resolve the matter, or if a foliage owner fails to respond to the initial neighbor outreach, the view owner may proceed with a mediation process. To participate in the city sponsored mediation process, the view owner shall submit to the city proof of the initial neighbor outreach in the form of a certified letter and mailing receipt. If a foliage owner did not respond to the initial neighbor outreach, then the view owner shall also provide an affidavit, signed under penalty of perjury, indicating the nonresponse of foliage owner.
4. If, pursuant to an agreement between the view owner and a foliage owner, the view owner or foliage owner may damage or remove, or cause to be damaged or removed, any "protected tree" as defined in section 10-3-2900 of this title, a tree removal permit must first be obtained in accordance with the requirements of section 10-3-2901 of this title.
C. Mediation:
1. If the parties are unable to reach agreement through the initial neighbor outreach process and the view owner wishes to pursue remedies available in this article, then, as a prerequisite, the view owner shall notify each foliage owner of an offer to mediate. The notice shall be on a form provided by the city in the view restoration guidelines, shall be signed by view owner, and shall include a signed statement from the view owner that the view owner or the view owner's representative shall offer to meet with each potential foliage owner and a mediator. The notice shall clearly identify the remedy sought by the view owner and include a good faith estimate of the cost of the remedy.
2. Acceptance of mediation by each foliage owner shall be voluntary, but each foliage owner shall have no more than thirty (30) days from service of a written request for mediation to accept or reject the offer of mediation, unless the foliage owner requests a ten (10) business day extension in writing or the response period is otherwise extended by mutual agreement of the foliage owner and the view owner. Failure to respond shall be considered rejection. Each mediation session may involve one or more view owners and one or more foliage owners at the discretion of the parties involved.
3. The view owner and each foliage owner shall comply with requirements in the view restoration guidelines regarding submittal of information to the mediator.
4. The 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. If an agreement is reached between the parties as a result of mediation, the mediator will encourage the participants to prepare, and can assist in the preparation of, a private agreement for the parties to sign.
5. If the view owner and a foliage owner are unable to resolve the matter, or if a foliage owner fails to respond to the mediation notice or to participate in the mediation process as prescribed in the view restoration guidelines, then the view owner may proceed to file for a view restoration permit.
6. If, pursuant to an agreement between the view owner and a foliage owner, the view owner or foliage owner may damage or remove, or cause to be damaged or removed, any "protected tree" as defined in section 10-3-2900 of this title, a tree removal permit must first be obtained in accordance with the requirements of section 10-3-2901 of this title.
D. City Advisory Opinion: A view owner may request a nonbinding advisory opinion at any time prior to the view owner filing an application for a view restoration permit in accordance with the requirements of section 10-8-106 of this chapter. If the view owner wishes to pursue the process set forth in section 10-8-106 of this chapter, the view owner must wait twelve (12) months from receipt of the city advisory opinion to file a view restoration permit application. (Ord. 11-O-2616, eff. 1-6-2012)
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