§ 12.40.040. Procedure—Non-city trees.

A.

Initial Reconciliation. A claimant who believes in good faith that a tree situated on the property of another poses a threat to human safety or the well-being of the claimant's property may notify the tree owner in writing of such concerns.

The tree owner shall respond to the claimant within ten working days of receipt of a written hazardous tree claim. The submission of such notification to the tree owner shall be accompanied by personal discussion, if possible, to enable the claimant and the tree owner to attempt to reach a mutually agreeable solution to the alleged hazardous tree situation.

B.

Arbitration. In those cases where the initial reconciliation process fails, the claimant and the tree owner may elect binding arbitration by a hazardous tree arbitrator to resolve the alleged hazardous tree situation.

The arbitrator shall be fully qualified under the terms and conditions of this chapter and shall be agreed to by both the claimant and the tree owner. The arbitration agreement may provide for employment of experts, including certified arborists, in order to fully investigate the hazardous tree claim.

The arbitrator shall follow the standards set forth in Section 12.40.030 to reach a fair resolution of the claim within fifteen (15) working days from the date binding arbitration is agreed to by the parties and shall submit a written report to the claimant and the tree owner. Said report shall include the arbitrator's findings with respect to all standards listed in Section 12.40.030, and shall specify all required corrective actions. At least three competitive bids shall be secured by the arbitrator for the required corrective actions.

All required corrective actions shall be fully implemented within ten working days of the delivery of the arbitrator's report to the claimant and the tree owner. The findings of the arbitrator shall be final.

C.

Litigation. In those cases where the initial reconciliation process fails to resolve the hazardous tree claim and binding arbitration as set forth in subsection B of this section is not elected by the parties, civil action may be pursued by the claimant for resolution of the hazardous tree claim under the terms and conditions of this chapter. The claimant shall have the burden of providing the alleged hazardous tree situation and the suitability of the proposed corrective actions. The party bringing any civil action under this chapter shall promptly notify the city of Oakland, Office of Parks and Recreation, in writing of such action.

(Prior code § 7-10.41)