(a) The San Francisco Tree Dispute Resolution Ordinance is enacted for the following public purposes:
(1) To create rights in favor of private property owners relating to the restoration of sunlight or views lost due to tree growth and to create a procedure for the resolution of disputes concerning those rights;
(2) To promote all feasible means of energy conservation and all feasible uses of alternative energy supply sources;
(3) To encourage the use of solar energy for heat and light, encourage food production in private gardens, and increase access to light and views of surrounding locale;
(4) To preserve and promote the aesthetic and practical benefits which trees provide for individuals and the entire community; and
(5) To discourage ill-considered harm to, or destruction of, trees.
(b) This ordinance shall not be read to impair obligations imposed by an existing easement or a valid pre-existing enforceable covenant or agreement.
(c) Nothing in this ordinance is meant to replace the peaceful, sensible, and just resolution of differences between neighbors acting in good faith.
(d) It is not a purpose of this ordinance to facilitate or encounter the transmission of radio or television signals.
(Added by Ord. 445-88, App. 9/28/88)
For the purposes of this ordinance, the following definitions shall apply:
(a) "Community Boards of San Francisco" shall mean the neighborhood mediation/dispute settlement service established under the auspices of the Community Board Program, Inc.
(b) "Complaining party" shall mean any property owner who wishes to alter or remove a tree on the property of another which creates an obstruction to his or her access to sunlight or view.
(c) "Obstruction" shall mean any view or access to sunlight which is blocked or diminished by the growth, maintenance or location of a tree.
(d) "Restorative action" shall mean any specific requirement to resolve a tree dispute.
(e) "Solar access" shall mean the availability of sunlight to a property.
(f) "Thinning" shall mean the selective removal of entire branches from a tree so as to improve visibility through the tree and/or improve the tree's structural condition.
(g) "Topping" shall mean elimination of the upper portion of a tree's trunk or main leader.
(h) "Tree" shall mean any woody perennial plant, usually with one or more major trunks attaining a height of at least fifteen feet at maturity; as used in this ordinance, the singular shall include the plural and the plural shall include the singular.
(i) "Tree arbitrator" shall mean any trained and experienced arbitrator acceptable to both complaining party and tree owner to mediate or arbitrate a tree dispute.
(j) "Tree claim" shall mean the written basis for arbitration or court action under the provisions of this Article which includes the following:
(1) The nature and extent of the alleged obstruction, including pertinent and corroborating physical evidence. Evidence may include, but is not limited to, photographic prints, negatives, or slides. Such evidence must show absence of the obstruction at any documentable time during the tenure of the complaining party. Evidence to show the date of acquisition must be included.
(2) The location of all trees alleged to cause the obstruction, the address of the property upon which the trees are located, and the present tree owner's name and address.
(3) Any mitigating actions proposed by the parties involved to resolve the tree claim.
(4) The failure of personal communication between the complaining party and the tree owner to resolve the alleged obstruction as set forth in Section 823(a) of this Article. The complaining party must provide physical evidence that written attempts at reconciliation have been made and failed. Evidence may include, but is not limited to, copies of and receipts for certified or registered mail correspondence.
(k) "Tree owner" shall mean any individual owning real property in San Francisco upon whose land is located a tree alleged by a complaining party to cause an obstruction.
(l) "Tree removal" shall mean the elimination of any tree from its present location.
(m) "Trimming" shall mean the selective removal of portions of branches from a tree so as to modify the tree's shape or profile or alter the tree's appearance.
(n) "Views" shall mean a distant vista or panoramic range of sight of San Francisco, neighboring areas, or the San Francisco Bay. Views include but are not limited to skylines, bridges, distant cities, geologic features, hillside terrains, and wooded canyons or ridges.
(Added by Ord. 445-88, App. 9/28/88)
The procedures described in this Section shall be followed in the resolution of tree disputes between private parties.
(a) Initial Reconciliation. A complaining party who believes in good faith that the growth, maintenance or location of a tree on the private property of a tree owner diminishes the beneficial use or economic value of his or her property because the tree interferes with the access to sunlight or views naturally accruing to the property, shall notify the tree owner in writing of these concerns. The notification should, if possible, be accompanied by personal discussions to enable the complaining party and tree owner to attempt to reach a mutually agreeable solution.
(b) Community Board Mediation. If the initial reconciliation attempt fails, the complaining party may propose mediation with the Community Boards of San Francisco as a means to settle the dispute on a relatively informal basis. Acceptance of mediation by the tree owner shall be voluntary. Parties should be encouraged to give notice to immediate neighbors and solicit input. The Community Board mediator should consider the objectives, benefits and burdens set forth in this Article in attempting to help both parties reach a resolution of the dispute.
(c) Tree Claim Preparation. In the event that the initial reconciliation process fails and Community Board mediation either is not elected or fails, the complaining party must prepare a tree claim as defined in Section 822(j), and provide a copy to the tree owner in order to pursue either binding arbitration or litigation. This process constitutes the filing of a tree claim.
(d) Binding Arbitration. In those cases where the initial reconciliation process fails and where Community Board mediation has not resolved the dispute, the complaining party must offer to submit the dispute to binding arbitration, and the tree owner may elect binding arbitration. The identity of the tree arbitrator shall be agreed upon by both the complaining party and the tree owner who shall indicate such agreement in writing. This agreement may provide for employment of experts representing the parties or may be limited to an investigation of the tree claim conducted by the tree arbitrator. The tree arbitrator shall follow the provisions of this Article to reach a fair resolution of the tree claim and shall submit a complete written report to the complaining party and the tree owner. This report shall include the tree arbitrator's findings with respect to all standards listed in Section 824 and a pertinent list of all mandated restorative actions with any appropriate conditions concerning such actions including a schedule by which mandates must be completed. Such actions must be completed with due regard for the health of the tree.
(e) Litigation. In those cases where initial reconciliation fails and binding arbitration is not elected, civil action may be pursued by the complaining party for resolution of the sunlight access or view tree claim under the provisions of this ordinance. The litigant must state in the complaint that arbitration was offered and not accepted.
(Added by Ord. 445-88, App. 9/28/88)
Loading...