Skip to main content
Loading…
This section is included in your selections.

Any complainant who believes that the growth of trees, shrubs or hedges on City property constitutes an unreasonable obstruction shall notify the City Manager in writing setting forth the nature and extent of the obstruction and a reasonably detailed description of the work required to correct it. The City Manager shall send a copy of this notice to all property owners within three hundred feet of the claimed offending growth, together with a notice that if the property owner believes that such corrective work would adversely affect the value of his property he or she must, within thirty days of the date of mailing of the notice by the City, advise in writing both the City Manager and the complainant of this fact. If no property owner responds to this notice within the thirty-day period, the City Manager shall notify the complainant that he or she may proceed to perform the corrective work requested and the complainant may do so after notifying the City Manager of the date or dates on which the work will be performed. If any property owner responds to the notice and claims that the corrective work requested would have an adverse impact upon the value of his or her property, the procedures set forth in Section 8.28.040(C) et seq., shall be followed by the parties, with the responding property owner having all the rights, privileges and obligations of the tree owner therein. The City shall not be a party to the proceedings unless it elects so to be. In the event the parties cannot agree to a resolution of the problem and do not agree to binding arbitration, then the complainant may file an action for declaratory relief in the Marin County superior court. The City shall not be a necessary party to the action if it agrees to be bound by the court’s determination of the dispute between the principals involved. (Ord. 98-8 § 1, 1998.)