A. In the case of hedges, the hedge is regarded as a “living fence.” As such, the owner of the property upon which the hedge grows is responsible to maintain the hedge to comply with City fence height limitations. In the case of hedges, therefore, all work required to correct any obstruction, and associated cleanup work, shall be performed at the cost of the owner of the property upon which the hedge grows, unless otherwise agreed by the parties. In all other cases, the arbitrator or trial judge shall determine by whom the cost of any permitted corrective work, associated cleanup work and any ongoing maintenance requirements shall be paid.

B. The party who is required to pay the costs of corrective work pursuant to this Chapter shall deposit the funds reasonably estimated to pay for such work with the City Manager, with written instructions calling for release of the funds to the persons or company performing the work upon completion of the work, submittal of a bill therefor, and receipt of written acceptance of the work by the complainant. Any portion of the deposit not required to satisfy the bill for the corrective work shall be returned immediately to the depositor.

C. The party responsible for payment of the cost of the work shall have the right to select the certified arborist who is to perform it. If the arbitrator’s award or the trial judge’s decision requires it the arborist shall prepare a written scope of the proposed work, including the time frame within which the work should be performed. The written scope of the proposed work shall be subject to the approval of the trier of fact.

D. As part of any award of costs hereunder, the arbitrator or judge may, in his or her discretion, order the losing party to pay all or part of the prevailing party’s reasonable attorneys’ fees incurred in the action. (Ord. 98-8 § 1, 1998.)