Important notice: This publication has moved to General Code's eCode360 platform and this site is no longer being updated. View the current version on eCode360.

17.45.110 View restoration procedure.

        Claimants may initiate the restoration procedure as outlined below.

        A.    Informal discussion in accordance with Section 17.45.060(A).

        B.     Mediation, in accordance with Section 17.45.060(B).

        C.     Binding arbitration, in accordance with Section 17.45.060(C).

        D.    Written Advisory Opinion. If the provisions of subsections A and B of this section are exhausted and do not produce a satisfactory result to the claimant, and the foliage owner has declined binding arbitration in subsection C, the claimant may request that the planning director assess and issue an advisory opinion on the view dispute. Such requests shall be made to the planning director in writing within thirty (30) days after binding arbitration is refused or deemed refused. The planning director may, but is not required to, assist the parties in resolving the view equity dispute. It is the intention that the advisory opinion be admissible as evidence in any civil action.

        E.     Court Action. If a claimant has attempted to obtain but has been unsuccessful in attaining agreement or resolution in accordance with subsections A, B and C, the claimant may initiate civil action in a court of competent jurisdiction under the provisions of this chapter. (Ord. 378 ยง 3, 2014)