A. The purposes of this Chapter are to:
1. Establish the right of a residential real property owner, whose property is located within the affected hillside areas, as depicted in Exhibit A, to preserve preexisting views from unreasonable obstruction by the growth of trees;
2. Establish that real property owners are in need of a process to resolve disputes among themselves concerning views within the immediate vicinity of their property that are unreasonably obstructed by the growth of trees; and
3. Establish a process and evaluation criteria by which real property owners may seek mutually acceptable resolution of such view disputes.
B. The rights and the restoration processes are based upon the following general principles:
1. The City recognizes the desire of many of its residents and real property owners for beautiful and plentiful landscaping, including trees. The City realizes this desire may sometimes conflict with the preservation of preexisting views, and disputes related to views are inevitable;
2. The City also recognizes residents and real property owners cherish their views of and from the hills of the City. The City recognizes views contribute greatly to the quality of life in the City, and promote the general welfare of the entire community;
3. Real property owners and residents should maintain trees on their property in a healthy condition, for both safety reasons and for preservation of preexisting views. Before planting trees, real property owners and residents should consider the potential for view blockage, both currently and at tree maturity. Persons have the right to seek civil remedies when threatened by dangerous tree growth;
4. The City shall establish a process by which a real property owner may seek to preserve and restore views from unreasonable obstruction by the growth of trees, when those views existed at the time they purchased their property. The City shall also establish a list of factors to be considered in determining appropriate actions to restore such views;
5. When a preexisting view-obstruction dispute arises, the parties should act reasonably to resolve the dispute through friendly communication, thoughtful negotiation, compromise, and other traditional means, such as discussions with the appropriate neighborhood or homeowner association. Those disputes not resolved through such means shall follow the procedure established herein;
6. It is the intent of the City for the provisions of this Chapter to receive thoughtful and reasonable application. It is not the intent of the City to encourage clear-cutting or substantial denuding of any property of its tree(s) by overzealous application of provisions of this Chapter; and
7. It is the intent of the City to discourage ill-considered damage to trees, and to promote proper use of trees and landscaping establishment and maintenance.
(Ord. No. 2006-002 § 1 (part))