Hillsborough Municipal Code Ch. 8.28 Voluntary Resolution of Disputes Regarding Trees and Views

A. In enacting this chapter, the city council desires to provide a mechanism for resolving disputes between owners of adjoining properties within the town concerning the obstruction of views or the obstruction of sunlight caused by the growth of trees, groves, shrubs or other vegetation. The purpose of this chapter is to promote the public health, safety, and welfare by providing a means to resolve disputes regarding trees and views in order to preserve peace between neighbors and to preserve the property values and quality of life in the town.

B. The city council finds that the character and beauty of the town and the enjoyment and value of real property therein is dependent in part upon preserving views and access to sunlight and at the same time upon preserving the scenic beauty and environmental protections afforded by trees, groves, shrubs and other vegetation. The city council further finds that the trees within the town contribute importantly to the privacy and serenity valued by the inhabitants of the town. Thus, the intent of this chapter is not to diminish the number or variety of trees in the town or the privacy afforded by them, but rather to preserve, where possible, conditions as they existed at the time the owners in question purchased their property. That is, if a view existed at the time the property owner purchased the property in question ("time of purchase"), that view is to be preserved to the extent practical, from subsequent encroachment by trees and other vegetation. If, however, at the time of purchase, trees or other vegetation already existed in the location complained of and at roughly the height or mass complained of, then such trees or vegetation are not required by this chapter to be removed or reduced to create or improve a view beyond the state of such view at the time of purchase.

(Ord. 606 § 2 (part), 2000: Ord. 406 § 1 (part), 1985)

(Ord. No. 789, § 1(Exh. A), 3-13-2023)

No tree, grove, shrub or other vegetation shall be planted, maintained or permitted to grow upon any parcel of property in the town in such manner as to obstruct unreasonably the view from, or the sunlight reaching, any other adjoining parcel of property. The term "adjoining parcel" shall include any parcel located directly across the street from the parcel in question. One parcel shall be "directly" across the street from another if a line drawn perpendicular to any point along the common boundary of either parcel and the street shall intersect any point along the common boundary of the other parcel and the same street. The term "unreasonably," as used in this section, means that the detriment to the adversely affected parcel caused by such growth is greater than the benefit of such growth to the parcel upon which it is located.

(Ord. 606 § 2 (part), 2000: Ord. 406 § 1 (part), 1985)

(Ord. No. 789, § 1(Exh. A), 3-13-2023)

Any property owner (hereinafter "complainant") who believes that the view from or sunlight reaching their property is being unreasonably obstructed, as defined in Section 8.28.020, shall contact the owner of the parcel upon which such obstruction is situated and attempt to resolve the problem.

(Ord. 606 §§ 2 (part), 3, 2000: Ord. 406 § 1 (part), 1985)

(Ord. No. 789, § 1(Exh. A), 3-13-2023)

If the obstructing growth is on the town's property, a town-qualified arborist shall determine whether the growth merits pruning, removal or other treatment and, notify the city manager and building and planning official of the findings. Within ten days after receipt of the complaint, the city manager shall notify the complainant in writing, by ordinary mail or personal delivery, of such determination. If the town-qualified arborist's determination is that pruning, removal or other treatment is appropriate, the city manager or building and planning official shall so inform the complainant as set forth above and shall authorize the performance of such work.

(Ord. 606 §§ 2 (part), 4, 2000: Ord. 406 § 1 (part), 1985)

(Ord. No. 789, § 1(Exh. A), 3-13-2023)

All work required to correct any obstruction, and associated cleanup work, shall be performed at the cost of complainant.

(Ord. 606 §§ 2 (part), 5, 2000: Ord. 406 § 1 (part), 1985)

If the persons subject to the provisions of this chapter cannot resolve any dispute governed by this chapter on an informal basis, the complainant may offer voluntary mediation to the other party. Should mediation fail or be declined by the other party, civil action may be pursued by the complainant to resolve the dispute.

(Ord. 606 §§ 2 (part), 6, 2000: Ord. 429, 1986)

(Ord. No. 789, § 1(Exh. A), 3-13-2023)

All other provisions of this chapter notwithstanding, any agreement reached by the parties to the dispute, including any mediated settlement, and any decision by the arbitrator shall be consistent with the requirements of this code, California statutes and all other laws and regulations with respect to the prohibition, prevention, and removal of encroachments and obstructions on public ways and city streets and to the regulation of planting trees along city streets.

(Ord. 609 § 2 (part), 2000: Ord. 406 § 1 (part), 1985)