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Last modified
2/18/2015 3:19:54 PM
Creation date
2/18/2015 3:11:51 PM
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Ordinances
Number
427
Date (Introduced)
5/15/2003
Date (Adopted)
6/5/2003
Description
Adding Chapter 9 to Title 5 of Los Altos Hills Municipal Code Regulating View and Sunlight Obstructions
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o <br /> The notification should, if possible, be accompanied by personal discussions to enable <br /> the Initiating Party and Tree Owner to attempt to reach a mutually agreeable solution. If <br /> personal discussions fail, neighborhood associations may be willing to assist with the <br /> resolution of the obstruction dispute. For trees located on Town-owned property, see <br /> Section 10-2.8.1.16. <br /> 2. Mediation: If the initial reconciliation attempt fails, the Initiating Party shall propose <br /> mediation as a timely means to settle the obstruction dispute. <br /> Acceptance of mediation by the-Tree Owner shall be voluntary, but the Tree Owner shall <br /> have no more than 30 days from service of notice to either accept or reject the offer of <br /> mediation. If mediation is accepted, the parties shall mutually agree upon a Mediator <br /> within 10 days. . <br /> It is recommended that the services,of a professionally.trained mediator be employed. <br /> The Los Altos Mediation Program(L.A.M.P) is an example of such a service. <br /> The mediation meeting may be informal. The mediation process may include the <br /> hearing of viewpoints of lay or expert witnesses, and shall include a site visit to the <br /> properties of the Initiating Party and the Tree Owner. Parties are encouraged to <br /> contact immediate neighbors and solicit input. <br /> The Mediator shall consider the purposes and policies set forth in this Chapter in <br /> attempting to help resolve the dispute. The Mediator shall not have the power to issue <br /> binding orders for Restorative Action, but shall strive to enable the parties to resolve their <br /> dispute by written agreement in order to eliminate the need for binding arbitration or <br /> litigation. <br /> Section 5-9.10. Tree Claim Preparation. <br /> In the event that the Initial Reconciliation process-fails, and mediation either is declined by the <br /> Tree Owner or fails, the Initiating Party must prepare a Tree Claim, and provide a copy to the <br /> Tree Owner, in order to pursue either binding arbitration or litigation under the authority <br /> established by this Chapter. <br /> A Tree Claim shall consist of all of the following: <br /> (a) A description of the nature and extent of the alleged obstruction, including pertinent <br /> and corroborating physical evidence. Evidence may include, but is not limited to <br /> photographic prints, negatives or slides. Such evidence must show absence of the <br /> obstruction at any time since they purchased their property or not more than 15 years <br /> prior to adoption of this ordinance whichever option results in less time. <br /> (b) The location of all trees alleged to cause.the obstruction, the address of the property <br /> upon which the tree(s) are located, and the present tree owner's name and address. <br /> 630225-1 8 <br />
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