§ 12.40.030. Standards of resolution of claims.

A.

The hazard that the tree poses to human safety and the well-being of the neighboring property shall be determined by evaluating, among other factors that the arbitrator or its experts deem appropriate:

1.

The health of the tree, including its general vigor;

2.

The presence and extent of disease, insects, or other pathogenic organisms;

3.

The structure and shape of the tree, including its root system;

4.

The presence of any physical defect such as splitting, broken limbs, etc.;

5.

The soil and slope conditions in the vicinity of the tree, including any evidence of erosion and/or upheaval;

6.

The degree of lean from vertical;

7.

The exposure of the trees to the predominant wind direction;

8.

The proximity of the tree to human activities and items of value on the neighboring property; and

9.

The likelihood of the tree causing personal injury or damage to property in the reasonably near future.

B.

Corrective actions may include, but shall not be limited to:

1.

Thinning;

2.

Crown reduction;

3.

Tree removal with replacement planting;

4.

Cabling and bracing.

C.

Corrective actions shall be limited to thinning or cabling/bracing where possible.

D.

When thinning is not a feasible solution, crown reduction shall be preferable to tree removal if it is determined that the impact of crown reduction does not adversely affect the tree's growth pattern or health, or otherwise constitute a detriment to the tree in question.

E.

Tree removal shall only be considered when all other corrective actions are judged to be ineffective and shall be accompanied by replacement plantings of appropriate plant materials to restore, as much as possible, the benefits lost due to tree removal. Replacement plantings may be required on either the tree owner's or the claimant's property.

F.

All corrective actions shall take precedence over the provisions of the tree preservation ordinance as set forth in Chapter 12.36, and no tree removal permit shall be required for corrective actions performed under this chapter.

G.

All thinning, crown reduction, cabling, bracing, and tree removal required under this chapter must be performed by a certified, insured arborist or other party approved by the hazardous tree claimant and tree owner.

(Prior code § 7-10.3)