For the purpose of this Chapter, the meaning and construction of words and phrases is as follows:
ARBITRATOR. A neutral person who will conduct a process similar to a trial: who will hear testimony, consider evidence, and make a binding decision for the disputing parties.
BINDING ARBITRATION. A legal procedure as set forth in Cal. Code Civ. Proc. §§ 1280 et seq.
COMPLAINANT. Any real property owner (or legal occupant with written permission of the property owner) who alleges trees located within the immediate vicinity and on the property of another person are causing unreasonable obstruction of his or her preexisting views.
CROWN REDUCTION/SHAPING. A method of comprehensive trimming that reduces a tree’s height or spread. CROWN REDUCTION entails the reduction of the top sides or individual limbs of a tree, by means of removal of leaders or the longest portion of limbs to a lateral large enough to assume the terminal.
MEDIATION. A process in which a neutral third person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement, as further defined in Cal. Code Civ. Proc. §§ 1775 et seq.
MEDIATOR. A neutral, objective third person that assists people in finding mutually satisfactory solutions to their problem.
PREEXISTING VIEW. A view that existed at the time a complainant became owner or occupant of a property.
PRIMARY LIVING AREA. The portion or portions of a residence from which a view is observed most often by the occupants relative to other portions of the residence. The determination of PRIMARY LIVING AREA is to be made on a case-by-case basis.
RESTORATION ACTION(S). Any specific requirement to resolve a tree dispute as discussed in this Chapter.
STUMP GROWTH. New growth from the remaining portion of the tree trunk, the main portion of which has been cut off.
THINNING. The selective and systematic removal of branches from a tree so as to improve visibility through the tree and/or improve the tree's structural condition.
TOPPING. Elimination of the upper portion of a tree's trunk or main leader.
TREE(S). Any woody plant with the potential to obstruct views, including but not limited to, trees, shrubs, hedges, bushes and other vegetation References to “tree” shall include the plural.
TREE CLAIM. The written basis for mediation, binding arbitration or court action under the provisions of this Chapter.
TREE OWNER. Any person owning real property in the City upon whose land is located a tree
alleged by a complainant to cause an unreasonable obstruction to a preexisting view.
TREE REMOVAL. The elimination of any tree from its present location.
TRIMMING. The selective removal of portions of branches from a tree so as to modify its shape or profile or alter its appearance.
VIEW(S). A scene from the primary living area of a residence The term VIEW(S) includes both upslope and downslope scenes, but is generally medium or long range in nature, as opposed to short range. VIEW(S) include, but are not limited to, skylines, landmarks, distant urban settings, distinctive geologic features, hillside terrains, ridges and bodies of water. The term VIEW(S) does not necessarily include an unobstructed panorama of these features.
WINDOWING. A form of thinning by which openings or “windows” are created to restore views.
(Ord. No. 2006-002 § 1 (part))