Article 41 — VIEW EQUITY

The intent and purpose of this Article is to:

a) Recognize and establish a process by which real property owners may restore or preserve view equity within the immediate vicinity of their property;

b) Establish procedures and evaluation criteria by which real property owners may seek resolution of view equity disputes;

c) Discourage duplicative, repetitive or serial claims for view equity; and

d) Discourage ill-considered damage to trees/vegetation and promote proper landscaping establishment and maintenance.

It is not the intent of the City to encourage clear-cutting or substantial denuding of any property of its trees by overzealous application of provisions of this Chapter. It is not the intent of this Article to create a permit that would be governed by the Permit Streamlining Act. Nor is it the intent or purpose of this Article for the City to create either a covenant running with the land (for example, CC&Rs or deed restriction) or an equitable servitude (for example, easement or license). However, the City will keep a record of agreements and decisions reached pursuant to Sections 92.41.100, 92.41.110, and 92.41.120 of which it is notified, and provide those agreements and/or decisions to those who request such a report.

(Amended by O-3865)

"Alter" means to take action that changes the tree or vegetation, including, but not limited to, extensive pruning of the canopy area, cutting, girdling, interfering with the water supply, applying chemicals or regrading around the feeder root zone of the vegetation.

"Arbitrator" means a mutually agreed upon neutral third party professional intermediary who conducts a hearing process, and who hears testimony, considers evidence and makes binding decisions for the disputing parties. The arbitrator of a view equity dispute shall be chosen from a resource available from the City of qualified and professionally trained arbitrators/mediators, including, but not limited to, members of the American Arbitration Association.

"Authorized agent" means a person, as defined herein, who has been designated and approved in writing by the property owner of record to act on his/her behalf in matters pertaining to the processing of a view equity claim as outlined in this Article.

"Binding arbitration" means a voluntary legal procedure for settling disputes and leading to a final and binding determination of rights of parties, usually consisting of a hearing before an arbitrator where all relevant evidence may be freely admitted as set forth in California Code of Civil Procedure Section 1280 et seq. For purposes of this Article, binding arbitration is a process that must be mutually selected by all interested parties.

"Canopy" means the umbrella-like structure created by the overhead leaves and branches of a tree which create a sheltered area below.

"City" means the City of Torrance.

"City property" means any real property of which the City is the fee simple owner of record.

"City trees" means trees on City property or in the public right-of-way.

"Claim, view equity" means documentation, as set forth in Section 92.41.100, that outlines the basis of view equity diminishment and the specific preservation action that is being sought. "Crown" means the rounded top of the tree. "Crown reduction/shaping" means a method of comprehensive pruning that reduces the height and/or spread of vegetation. Crown reduction entails the reduction of the top, sides or individual limbs by means of removal of leaders or the longest portion of limbs to a lateral large enough to assume the terminal. "Destroy" means to kill or take action that endangers the health or vigor of vegetation, including, but not limited to, cutting, girdling, interfering with the water supply, applying chemicals or regrading around the base of the trunk or main stem. "Heading back" means the overall reduction of the mass of a tree by modification to major limbs.

"Lacing" means a comprehensive method of pruning that systematically and sensitively removes excess foliage and improves the structure of the tree.

"Maintenance pruning" means pruning with the primary objective of maintaining or improving tree health and structure; includes "crown reduction/shaping" or "lacing" but not ordinarily "heading back."

"Mediation" means a voluntary procedure in which the parties discuss their disputes with the assistance of a trained mediator, usually consisting of private sessions before a mediator where all parties explain the problem and identify options and alternatives to reach a mutually agreeable solution.

"Mediator" means a neutral, objective third party professional negotiator/facilitator to help disputing parties reach a mutually satisfactory solution regarding a view equity claim. The mediator shall be chosen from a resource of qualified and professionally trained arbitrators/mediators, including, but not limited to, members of the American Arbitration Association.

"Obstruction" means the blocking or diminishment of a view attributable to growth, improper maintenance, or location of vegetation.

"Person" means any individual, individuals, corporation, partnership, firm or other legal entity.

"Pruning" means the removal of plant material from vegetation.

"Restorative action" means any specific steps taken affecting vegetation that would result in the preservation or restoration of view equity across property lines.

"Severe pruning" means the cutting of branches and/or trunk of a tree in a manner which substantially reduces the overall size of the tree or destroys the existing symmetrical appearance or natural shape of the tree and which results in the removal of main lateral branches leaving the trunk and branches of the tree in a stub appearance. "Heading back" as defined herein is considered to be severe pruning.

"Stand thinning" means the selective removal of a portion of trees from a grove of trees.

"Street" means the portion of a right-of-way easement used for public purposes, such as roadway improvements, curbs, gutters and sidewalks, dedicated to the City, and formally accepted by the City into the City public street system for maintenance purposes.

"Sunlight" means the availability or access to light from the sun across property lines.

"Vegetation" means plants or grasses with the potential to obstruct views. "Vegetation" includes, without limitation, trees, shrubs, grasses, hedges and bushes, whether planted in ground or within pots, planters or containers. "Vegetation" shall not include any type of plants or trees owned and maintained by the City.

"Vegetation owner" means any person who owns real property in the City on which vegetation is located.

"View" means a vista of features, bodies of water, beaches, coastline, islands, skylines, mountains, city lights, ridges, hillside terrain, canyons, geologic features and landmarks. The term "view" does not mean an unobstructed panorama of these features. A "view" shall be limited to one common interior or developed exterior space used by the view seeker, including but not limited to the living, family, and dining rooms, bedrooms, rooms that have features such as picture windows, sliding glass doors, and French doors, and common exterior areas such as patios, balconies, decks, pool areas, and gazebos designed to take advantage of views.

features. A "view" shall be limited to one common interior or developed exterior space used by the view seeker, including but not limited to the living, family, and dining rooms, bedrooms, rooms that have features such as picture windows, sliding glass doors, and French doors, and common exterior areas such as patios, balconies, decks, pool areas, and gazebos designed to take advantage of views.

"View equity" means achievement of a fair, reasonable, and balanced accommodation of views and competing obstructions (such as structures and/or vegetation), privacy and the use and enjoyment of property. No person shall plant, maintain, or permit to grow any trees or vegetation which unreasonably obstructs the view from a neighboring property.

"View seeker" means any real property owner in the City or authorized agent of such property owner who alleges that vegetation located within the immediate vicinity of the property as set forth in Section 92.41.030 is causing obstruction of the view benefitting such real property.

"Viewing area" means a common interior or developed exterior space used by the view seeker, including but not limited to the living area, family, and dining rooms, bedrooms, rooms that have features such as picture windows, sliding glass doors, and French doors, and common exterior areas such as patios, balconies, decks, pool areas, and gazebos designed to take advantage of views. In structures, the finished floor elevation of any viewing area must be at or above the existing grade adjacent to the exterior wall of the part of the building nearest to said viewing area. Hallways, closets, mechanical rooms, bathrooms, garages, driveways and interior side yards shall not be considered or used as selected viewing locations or areas.

"Vista pruning" means the selective thinning of framework limbs or specific areas of the crown of a tree to allow a view from a specific point.

(Amended by O-3865)

Subject to other provisions of this Article, a real property owner within the Hillside Overlay of the City may initiate the claim resolution process as outlined in Section 92.41.070. However, a claim for preserving or restoring view equity may only be made:

a) Regarding any vegetation located on real property, either zoned or developed with solely residential uses, which is within five hundred (500) feet from the view seeker’s real property boundary located within the Hillside Overlay district in the City of Torrance; and

b) Only if there has not been an active initial reconciliation request or view equity claim against that real property by the view seeker or any other real property owner in the City within the last two (2) years. In addition, a view seeker may only seek to preserve or restore a view from one (1) common interior or developed exterior space used by the view seeker, including but not limited to the living, family, and dining rooms, bedrooms, rooms that have features such as picture windows, sliding glass doors, and French doors, and common exterior areas such as patios, balconies, decks, pool areas, and gazebos designed to best enjoy views.

The following criteria are to be considered (but are not exclusive) in determining whether unreasonable obstruction of a view has occurred:

a) The vantage point(s) from which the view is observed;

b) The extent of obstruction of views, both currently and at vegetation maturity;

c) The quality of views being obstructed, including the existence of landmarks, vistas, or other unique view features;

d) The extent to which vegetation has grown to obscure the enjoyment of the view from the view seeker’s property since the view seeker’s acquisition of his or her property or fifteen (15) years prior to the adoption of the ordinance codified in this Article, whichever is more recent.

When it has been determined that unreasonable obstruction has occurred, then the following unweighed factors shall be considered in determining appropriate view equity action:

a) The amount of vegetation in the area and the current effects of the vegetation and its removal on the neighboring vegetation;

b) The extent to which the vegetation provides:

• 1. Wind screening or privacy (visual or auditory),
• 2. Energy conservation and/or climate control,
• 3. Soil stability, as measured by soil structure, degree of slope and extent of the vegetation’s root system when the vegetation is proposed to be removed,
• 4. Aesthetics, including but not limited to species characteristics, size, growth, and form,
• 5. Community/neighborhood quality, value or significance,
• 6. Shade,
• 7. Rare and interesting botanical species,
• 8. Habitat value for wildlife,
• 9. Blending, buffering or reduction in the scale and mass of architecture;

c) Any hazards posed by the vegetation to persons or structures on the property of the complaining party including, but not limited to, fire danger or the danger of falling limbs or trees;

• d) The variety, age, projected rate of growth, and maintenance requirements of the vegetation;

e) The state of documented view obstruction by the subject vegetation since the view seeker’s purchase of his/her property, or fifteen (15) years prior to the adoption of the ordinance codified in this Article, whichever is most recent;

f) The profile state of the subject vegetation since the vegetation owner purchased his/her property, or fifteen (15) years prior to the adoption of the ordinance codified in this Article, whichever is most recent.

View equity actions must be consistent with all other provisions of this Title. Severe pruning should be avoided due to the damage such practice causes to the vegetation’s form and health. Restoration actions may include, but are not limited to, the following, in order of preference, assuming no countervailing health or safety interest(s) exist:

a) Lacing. Lacing is the most preferable pruning technique that removes excess foliage and can improve the structure of the tree.

• b) Vista Pruning. Vista pruning of branches may be utilized where possible, if it does not adversely affect the tree’s growth pattern or health.

c) Crown Reduction. Crown reduction is preferable to tree removal, if it is determined that the impact of crown reduction does not destroy the visual proportions of the tree, adversely affect the tree’s growth pattern or health, or otherwise constitute a detriment to the tree(s) in question.

d) Stand Thinning. The removal of a portion of the total number of trees from a grove of trees, without any replacement plantings.

e) Heading Back. Eliminating the outer extent of the major branches throughout the tree. Heading back is only to be permitted for trees specifically planted and maintained as a hedge, espalier, bonsai, or in pollard form and if restoration actions in subsections (a) through (d) of this Section will not accomplish the determined preservation action and the subsequent growth characteristics will not create a future obstruction of greater proportions.

f) Vegetation Removal. Vegetation removal may be considered when the above-mentioned restoration actions are judged to be ineffective and may be accompanied by replacement plantings or appropriate plant materials to restore the maximum level of benefits lost due to vegetation removal.

(Amended by O-3865)

The view seeker shall follow the process established by this Article in seeking view equity.

a) Neighbor to Neighbor Contact. The view seeker and vegetation owner contact each other to resolve the view dispute.

b) Initial Reconciliation. The view seeker must complete the initial reconciliation process described in Section 92.41.090.

c) Advisory Opinion. If the initial reconciliation does not yield a result mutually satisfactory to the view seeker and vegetation owner, the view seeker may file a view equity claim requesting the advisory opinion of staff. Staff will make recommendations to correct adverse view impacts identified and follow the guidelines as set forth in Section 92.41.100. d) Mediation. If either the view seeker or vegetation owner does not agree with the advisory opinion, the disagreeing party or the view seeker may request mediation as described in Section 92.41.110.

e) Binding Arbitration. If the vegetation owner does not participate in mediation or if mediation is unsuccessful in resolving the claim, either party may next pursue resolution by either (1) mutually selecting binding arbitration, as set forth in Section 92.41.120 or (2) litigation as described in Section 92.41.130.

f) Litigation. If steps in subsections (a) through (d) of this Section are taken and processes are exhausted by the requesting party but no resolution is reached, the disagreeing party may then initiate litigation as described in Section 92.41.130.

The view seeker and vegetation owner shall contact each other to find a resolution and establish an agreement regarding the restoration of view. If an agreement is reached, there is no need to contact the City. If no agreement is reached, the view seeker may proceed with initial reconciliation.

(Amended by O-3865)

A view seeker who believes that vegetation which has grown on another person’s property within the hillside overlay in the City has caused unreasonable obstruction of view equity from the view seeker’s property shall first request that the City notify the vegetation owner of such concerns. The notification shall request personal discussions to enable the view seeker and vegetation owner to attempt to reach a mutually agreeable solution. By requesting initial reconciliation, the view seeker understands he/she must invite and allow the vegetation owner or their representative to view the alleged obstruction from the alleged vantage point in a qualifying viewing area within the view seeker’s property within fifteen (15) days of the notification via certified mail. The vegetation owner is requested to invite and allow the view seeker or their representative to view the situation from his/her property. The notification must include a link to the this Article and the following verbiage: "Failure of the vegetation owner to respond to the written request for initial reconciliation within 45 days from the date on the notification shall be deemed formal refusal by the vegetation owner to participate in the initial reconciliation." The notification shall also reference the consequences of nonparticipation by the vegetation owner as described in Section 92.41.130.

During the initial reconciliation, the view seeker and vegetation owner may request assistance from a certified arborist. The City may provide a link to the International Society of Arboriculture to allow residents to search for a certified arborist. If the view seeker and vegetation owner reach an agreement, there is no need to file anything with the City. If initial reconciliation is refused, or if the parties do not agree as to the existence and nature of the view seeker’s obstruction and the appropriate view equity action, the view seeker may proceed with subsequent view equity claim resolution process outlined in Section 92.41.100. After the forty-five (45) day period of initial reconciliation has expired, the view equity request will be closed and the view seeker will have forty-five (45) days to proceed to file a view equity claim, as described in Section 92.41.100. Failure to file a claim within this time period will result in a two (2) year waiting period as described in Section 92.41.030.

(Amended by O-3865)

If neighbor to neighbor contact and initial reconciliation (Sections 92.41.080 and 92.41.090, respectively) do not produce a mutually agreeable solution, the view seeker may file a view equity claim application to request an advisory opinion. A view equity claim shall consist of all of the following:

a) A description of the nature and extent of the alleged obstruction, including pertinent and corroborating physical evidence. Evidence may include but is not limited to dated photographic prints, negatives or slides. Such evidence must show absence of the obstruction at any documentable time during the tenure of the complaining party, or fifteen (15) years prior to the adoption of the this Article, whichever is most recent. Evidence to show the date of property acquisition or occupancy by the complaining party must be included.

b) The location of all vegetation alleged to cause obstruction, the address of the property upon which the obstructing vegetation is located, and the present owner’s name and address.

c) Evidence of the failure of initial reconciliation, as described in Section 92.41.090, to resolve the dispute. The complaining party must provide physical evidence that written attempts at reconciliation have been made and have failed. Evidence may include, but is not limited to, copies of sent letters and corresponding receipts for certified or registered mail.

d) The view equity claim fee in the amount established by resolution of the City Council as well as a deposit to retain the services of a certified arborist. Additional funds may be required as the process continues. Any money remaining at the end of the process will be refunded to the applicant.

Staff will review the application and deem it complete or incomplete. If the application is deemed incomplete, staff will mail a letter to the applicant stating what is needed to complete the application with a deadline of thirty (30) days from the date of the letter. If the application is deemed complete, staff will process the application and prepare a notice, notification map and mailing labels of hillside overlay residential properties located within a five hundred (500) foot radius of the vegetation owner’s property lines. The notification map shall indicate the view seeker and vegetation owner’s properties. City staff shall mail the notice to the vegetation owner and surrounding property owners. The notice shall serve to inform neighbors that the view seeker has filed a view equity claim against the vegetation owner and will provide the neighbors forty-five (45) days from the date of the notice to file a joint claim with the Community Development Department against the same vegetation owner. The notice will also include a link to the this Article and inform the vegetation owner of the consequences of nonparticipation in the initial reconciliation, advisory opinion, mediation and/or arbitration processes as described in Section 92.41.130. Any joint claims will require completion of items (a) through (c) of this Section, a multiple application fee, and half of the arborist consultant deposit. To the extent possible, neighboring claims will be combined with the existing claim for purposes of the advisory opinion, mediation, and arbitration. Failure to file a joint claim within forty-five (45) days of the notice date shall result in a two (2) year waiting period to file a new claim against the same vegetation owner as described in Section 92.41.030.

Subsequent to the acceptance of all view equity claim applications, staff will set a date to conduct site visits to all properties participating in the view equity claim and document obstructions at each residence from only one (1) ordinance-designated viewing area. The vegetation owner and view seeker(s) shall provide forty-five (45) days for staff to access the subject properties to conduct field assessments. If the view seeker does not provide staff access to the property within that time frame, the view equity claim shall be automatically withdrawn and closed. Staff may acquire the assistance of a certified arborist during field visits. If a vegetation owner does not cooperate in the establishment of a site visit, the advisory opinion will be written without benefit of the perspective from the vegetation owner’s property. The advisory opinion letter will be signed by the Community Development Director and a copy will be mailed to all involved parties. The advisory opinion letter will state which properties were visited, if a view blockage appears to exist and any recommended corrective measures that can resolve the view impacts identified. The following criteria will guide in the development of the advisory opinion:

a) The vantage point(s) from which the view is observed is adversely impacting the value and enjoyment of the view-seeking residence(s);

b) The extent to which the view obstruction has detracted from the viewing area’s utilization;

c) The quality of the view being obstructed, including the existence of landmarks, vistas, or other unique view features, has been adversely impacted by the overgrown vegetation;

d) The extent to which the vegetation has grown to obscure the enjoyment of the view from the view seeker’s property since the view seeker’s acquisition of his or her property or fifteen (15) years prior to the date of adoption of the ordinance codified in this Article, whichever is more recent;

e) The extent to which the view has been or is diminished by factors other than vegetation;

f) The recommended view impact corrective measures will not unreasonably result in an adverse privacy, energy consumption, soil stability or aesthetics impact and may include the following un-weighed factors:

• 1. Wind screening or privacy (visual or auditory);

2. Energy conservation and/or climate control;

• 3. Soil stability, as assessed by commonly known soil conditions, degree of slope and extent of the tree’s root system when a tree is proposed to be removed;
• 4. Aesthetics, including but not limited to species characteristics, size, growth, and form;

5. Community/neighborhood quality, value or significance;

• 6. Shade;
• 7. Rare and interesting botanical species;
• 8. Habitat value for wildlife;
• 9. Blending, buffering or reduction in the scale and mass of profile;

• g) The recommended view impact corrective measures will not unreasonably affect the health of remaining vegetation.

If the view seeker(s) and vegetation owner agree with the Community Development Director’s advisory opinion, they must file that agreement with the City within forty-five (45) days. As described in Section 92.41.140, the cost of any restorative action and/or maintenance shall be determined by mutual agreement. City staff shall not be responsible for enforcement of any agreement(s) made through the advisory opinion. Within forty-five (45) days of the date of the advisory opinion letter, if either or both parties disagree with the advisory opinion, the disagreeing party must notify the City in writing that they wish to proceed with mediation.

(Amended by O-3865)

If neighbor to neighbor contact, initial reconciliation and advisory opinion do not result in an agreement between the vegetation owner and the view seeker(s), the disagreeing party may submit a written request for mediation within forty-five (45) days from the date of the advisory opinion letter. If a written request for mediation is received, staff will mail a notice requesting to proceed with mediation to all interested parties. The notice will include a link to the this Article and inform the vegetation owner of the consequences of nonparticipation in the initial reconciliation, advisory opinion, and mediation processes as described in Section 92.41.130. All interested parties shall have forty-five (45) days from the date of the notice to respond in writing of their intent to participate in mediation. Failure to respond within forty-five (45) days will be deemed a formal refusal of mediation and the view seeker(s) may proceed to binding arbitration or litigation. Once staff has received a written request from the vegetation owner and view seeker(s) to participate in mediation, staff will notify all remaining participants of the decision to proceed. The notification shall also provide information regarding selecting a mediator. If, at any point, the view seeker does not participate in the process, their claim will be considered closed.

The view seeker and vegetation owner shall have forty-five (45) days from the date of staff’s notification to select a mediator. If a mediator is not selected or neither party can agree on a mediator by the end of the time frame, they may jointly request that City staff randomly select a mediator. City staff will only select a mediator if both parties submit a written request for random mediator selection within fifteen (15) days of expiration of staff’s notification. If the view seeker does not submit a written request for random mediator selection within the given time period, it shall be deemed as formal refusal to participate in mediation and the view equity claim will be automatically withdrawn and closed. If the vegetation owner does not submit a written request for random mediator selection within the given time period, they may be subject to the consequences of nonparticipation as described in Section 92.41.130. Once staff has selected a mediator at random, staff will inform all interested parties of the mediator selection in writing within three (3) business days.

atically withdrawn and closed. If the vegetation owner does not submit a written request for random mediator selection within the given time period, they may be subject to the consequences of nonparticipation as described in Section 92.41.130. Once staff has selected a mediator at random, staff will inform all interested parties of the mediator selection in writing within three (3) business days.

The mediator shall contact the City to request a copy of the advisory opinion, mailing list for the view equity case, and a link to a copy of the this Article. The mediator shall establish a date for mediation and will send a written notice of the mediation hearing date to each party by certified mail. The role of the mediator shall be advisory in nature and shall not be binding in establishing the preservation or restoration of view equity. Any agreement reached between the two (2) parties as a result of the mediation process described herein shall be reduced to writing and shall include steps for maintenance measures and allocations of any associated costs. The agreement shall be signed by the mediator and all of the parties, and a copy shall be submitted to the Community Development Department. The cost of mediation, including review by a certified arborist, shall be paid initially by the requesting party; provided, however, that the ultimate responsibility for such cost may subsequently be modified either by mutual agreement of the parties or by a determination of the mediator as to a just and reasonable allocation of responsibility.

The involved parties will have sixty (60) days to complete the mediation process. If, at the end of sixty (60) days, the parties require more time to resolve the dispute, the mediator may request an additional thirty (30) days by contacting the City directly.

(Amended by O-3865)

If neighbor to neighbor contact, initial reconciliation, advisory opinion and mediation fail to achieve agreement between the vegetation owner and the view seeker(s), the disagreeing party(ies) may submit a written request for binding arbitration within forty-five (45) days of the close of mediation. If a written request for binding arbitration is received, the City shall mail a notice requesting to proceed in a binding arbitration process to all interested parties. The notice will include a link to the this Article and inform the vegetation owner of the consequences of nonparticipation in the initial reconciliation, advisory opinion, and mediation processes as described in Section 92.41.130. All interested parties shall have forty-five (45) days from the date of the notice to respond in writing of their intent to participate in binding arbitration. Failure to respond in writing within forty-five (45) days shall be deemed formal refusal of binding arbitration. Once staff has received a written request from the vegetation owner and view seeker(s) to participate in binding arbitration, staff will notify all of the participants of the decision to proceed. The notification shall also provide information regarding selecting an arbitrator.

The view seeker(s) and vegetation owner shall have forty-five (45) days from the date of staff’s notification to select an individual arbitrator. If an arbitrator is not selected or neither party can agree on an arbitrator by the end of the time frame, they may jointly request that City staff randomly select an arbitrator or either party may petition a court of competent jurisdiction to appoint an arbitrator. City staff will only select an arbitrator if both parties submit a written request for random arbitrator selection within fifteen (15) days of expiration of staff’s notification. If all of the parties do not submit a written request for random arbitrator selection within the given time frame, it shall be deemed as formal refusal to participate in binding arbitration and the view equity claim will be automatically withdrawn and closed. Once staff has selected an arbitrator at random, staff will inform all interested parties of the arbitrator selection in writing within three (3) business days. The involved parties will have sixty (60) days to complete the binding arbitration process. If, at the end of sixty (60) days, the parties require more time to resolve the dispute, the arbitrator may request an additional thirty (30) days by contacting the City directly.

ator at random, staff will inform all interested parties of the arbitrator selection in writing within three (3) business days. The involved parties will have sixty (60) days to complete the binding arbitration process. If, at the end of sixty (60) days, the parties require more time to resolve the dispute, the arbitrator may request an additional thirty (30) days by contacting the City directly.

The arbitrator will contact the City to request a copy of the advisory opinion, mailing list for the view equity case, mediator’s report, and a link to a copy of the this Article. The arbitrator shall establish a date for arbitration and will send a written notice of the arbitration hearing to each party by certified mail. The arbitrator shall be guided by the provisions of this Article, including the evaluation criteria set forth in Sections 92.41.040 and 92.41.050 and the hierarchy of restorative actions set forth in Section 92.41.060, respectively, in attempting to resolve the view equity claim, and shall submit a complete written decision to the view seeker(s) and the vegetation owner. Any decision via binding arbitration shall be enforceable pursuant to the provisions of California Code of Civil Procedure Section 1285 et seq., and a copy of the decision shall be submitted to the Community Development Department. City staff shall not be responsible for enforcement of any arbitration award issued through binding arbitration. A copy of the arbitrator’s decision shall be submitted to the Community Development Department.

The costs of binding arbitration shall be paid initially by the party requesting binding arbitration; provided, however, that the ultimate responsibility for such costs may subsequently be modified either by mutual agreement of the parties or by a determination of the arbitrator as to a just and reasonable allocation of responsibility.

92.41.130 LITIGATION.

(Amended by O-3865)

If the view seeker(s) and vegetation owner have attempted to obtain but have been unsuccessful in attaining agreement or resolution through neighbor to neighbor contact (Section 92.41.080), initial reconciliation (Section 92.41.090), advisory opinion (Section 92.41.100), mediation (Section 92.41.110), and mutual selection of binding arbitration (Section 92.41.120), either party may initiate civil action in a court of competent jurisdiction for resolution of his/her view equity claim under the provisions of this Article. It is the intent of this Chapter that the evaluation criteria set forth in Sections 92.41.040 and 92.41.050 and the hierarchy of restorative actions set forth in Section 92.41.060 are utilized in adjudicating view equity claims in civil litigation. In the event of civil litigation, the view seeker shall provide a copy of the filed complaint to the Community Development Department.

f this Article. It is the intent of this Chapter that the evaluation criteria set forth in Sections 92.41.040 and 92.41.050 and the hierarchy of restorative actions set forth in Section 92.41.060 are utilized in adjudicating view equity claims in civil litigation. In the event of civil litigation, the view seeker shall provide a copy of the filed complaint to the Community Development Department.

The prevailing party in any civil action brought pursuant to this Article shall be entitled to recover its reasonable costs and attorneys’ fees incurred in the litigation, subject to the following exception: a vegetation owner who prevails in litigation shall not be entitled to recover attorneys’ fees and costs if the vegetation owner has declined to participate in the initial reconciliation, advisory opinion, and mediation processes set forth in Sections 92.41.090, 92.41.100, and 92.41.110, respectively. All notices sent out during initial reconciliation, advisory opinion, mediation and/or binding arbitration shall inform the vegetation owner of this provision and the consequences of nonparticipation in the initial reconciliation, advisory opinion, and mediation processes. City staff shall not be responsible for enforcement of any adjudication made through litigation.

The cost of any determined restorative action and/or maintenance shall be determined by mutual agreement or pursuant to any final decision through mediation, arbitration, court order, or settlement. It is the intent of this Article that a vegetation owner who sells his or her property shall notify the purchaser of any established agreement, binding arbitration decision, or court order requiring subsequent maintenance of vegetation.

a) The City shall not be liable for any damages, injuries, costs or expenses which are the result of any advisory opinion issued by a City employee or official or any agreements or determinations resulting from mediation, arbitration or litigation concerning view equity claims or a view seeker’s assertions pertaining to views granted or conferred herein.

b) Under no circumstances shall the City have any responsibility or liability to enforce or seek any legal redress, civil or criminal, for any decision that any other person or entity makes concerning a view equity claim.

c) A failure to comply with the provisions of this Article is not a misdemeanor, and the enforcement of this Article shall be only by the affected and interested private parties.