§ 15.52.060. Apportionment of costs.

The cost of all restorative actions, replacement plantings, and arbitration shall be apportioned between the view claimant and the tree owner as follows:

A.

The view claimant and tree owner shall each pay fifty (50) percent of such costs in those cases involving any tree planted or allowed to sprout as a result of natural regeneration by the tree owner subsequent to the effective date of this Chapter (August 5, 1980).

B.

The tree owner shall pay one hundred (100) percent of such costs in those cases where:

1.

The tree owner has refused to participate in good faith in the initial reconciliation or voluntary arbitration processes (Section 15.52.090B) and where the view claimant has prevailed at trial or judicial arbitration; or

2.

In any subsequent dispute between the same parties, to restore any view obstructed by the same tree or trees or any of the plantings substituted for the original offending tree or trees described in subsection A of this Section.

3.

The tree owner plants a tree(s) against the expressed, written objection of the view claimant and the same tree(s) later become subject of a view claim.

C.

In all other cases, the view claimant shall pay one hundred (100) percent of such costs.

(Ord. 12622 (part), 2004: prior code § 7-8.05)