8.28.070 Standards for resolution of disputes.
In resolving any complaint under this Chapter, the arbitrator or court shall consider the benefits and burdens to both property owners derived from the alleged obstruction and the proposed corrective action, within the framework of the objectives of this Chapter. In addition, other factors which should be considered in determining whether the obstruction complained of is an Unreasonable Obstruction, shall include, but are not limited to, the following:
A. The impact of the view or sunlight obstruction on the complainant’s property, including the extent to which the subject trees, shrubs or hedges are blocking the complainant’s Preexisting View or sunlight, and the claimed effect of the obstruction on the complainant’s property;
B. The significance of the Preexisting View or sunlight being obstructed in relation to the views and/or sunlight available to the entire property;
C. The extent to which the obstruction interferes with a preexisting solar energy system;
D. The extent to which the subject Preexisting View or sunlight is obstructed or diminished by factors other than the subject trees, shrubs or hedges;
E. The significance of the trees, shrubs or hedges to the tree owner’s property, including their visual quality and location, their use in visual, auditory or windscreening for the tree owner’s privacy or benefit, and the overall impact of their removal or trimming;
F. Soil and slope stability provided by the trees, shrubs or hedges;
G. Energy or climate control provided by the trees, shrubs or hedges; and
H. The effect of the proposed corrective work on the health and vitality of the trees, shrubs or hedges involved. (Ord. 2016-11 § 8, 2016; Ord. 98-8 § 1, 1998.)