It is the intent that procedural fees referenced in this section shall reflect the actual cost of administrative activities required of the city to implement this article. Additional clarification of fees and costs may be included in the view restoration guidelines.
A. Initial Neighbor Outreach:
1. Procedural Costs: Any costs associated with obtaining information, mailing the required notice, or preparing an agreement shall be borne by the view owner. The view owner shall pay the cost of a view restoration property survey or tree survey if such a survey is completed.
2. Restorative Action: The cost of restorative action agreed upon by the view owner and the foliage owner shall be borne by the view owner unless otherwise agreed to by the foliage owner.
3. Maintenance Costs: The cost of subsequent maintenance of foliage on the foliage owner's property shall be allocated as agreed upon by the parties.
B. Mediation:
1. Procedural Costs: Any costs associated with obtaining information, mailing the required notice, or preparing an agreement shall be borne by the view owner. The view owner shall pay the cost of a view restoration property survey or tree survey if such a survey is completed.
2. Restorative Action: The cost of restorative action agreed upon by the view owner and the foliage owner shall be borne by the view owner unless otherwise agreed to by the parties.
3. Maintenance Costs: The cost of subsequent maintenance of foliage on the foliage owner's property shall be allocated as agreed upon by the parties.
C. View Restoration Permit With Public Hearing:
1. Procedural Costs: View owner shall bear the cost of application fees and other application costs including the view restoration property survey and tree survey and the cost of any other information requested by the reviewing authority.
2. Restorative Action:
a. The foliage owner shall pay one hundred percent (100%) of the cost of restorative action if the foliage owner did not participate in mediation and the reviewing authority finds restorative action is required.
b. The view owner and foliage owner shall each pay fifty percent (50%) of the cost of restorative action if the foliage owner participated in mediation and the reviewing authority finds restorative action is required.
3. Maintenance After Initial Restorative Action: The foliage owner shall pay for subsequent maintenance of the foliage consistent with the view restoration permit.
D. Appeal To City Council:
1. Procedural Costs: Appellant shall bear the costs of the appeal application including the appeal fee, public notice cost, and any other application costs.
2. Restorative Action: The cost of restorative action resulting from an appeal to the city council shall be apportioned in the same way as the cost of restorative action pursuant to a decision by the planning commission.
3. Maintenance After Initial Restorative Action: The foliage owner shall pay for subsequent maintenance of the foliage consistent with the view restoration permit. (Ord. 11-O-2616, eff. 1-6-2012)
Next Doc