HomeMy WebLinkAboutTC Ord 1981-09-16 (2)
ORDINANCE NO. 2S0 N.S.
AN ORDINANCE OF THE TOWN OF TIBURON AMENDING ARTICLE
III OF TITLE IV, CHAPTER 15, OF THE TIBURON MUNICIPAL
CODE
BE IT ORDAINED by the Town Council of the Town of Tiburon, as follows:
Section 1. Amendment.
Section 15-24 (C) of the Tiburon Municipal Code is hereby amended to read
as follows:
Section 15-24. Work of Correction and Allocation of Costs.
(c) There has been disregard for a neighbor's views and/or severe
sunlight obstruction to a neighbor's property:
1. A view obstruction or severe sunlight obstruction to a
neighbor's property already existed when the complainant
took possession of the dwelling, and the tree owner has
disregarded the view and/or severe sunlight obstruction to
a neighbor's property, in which case the tree owner may be
required to pay up to 50% of the cost of correcting the
obstructions, the actual percentage to be determined by
the Board.
2. No view obstruction or severe sunlight obstruction to a
neighbor's property existed when the complainant took
possession of the dwelling but, at a later date, the tree
owner has disregarded the view and/or severe sunlight
obstruction to neighbor's properties by allowing the tree
to grow to such a height as to obstruct their views and/or
cause severe sunlight obstruction to neighbors' properties,
in which case the tree owner may be required to pay up to
100% of the cost of correcting the view obstruction or
severe sunlight obstruction, the actual percentage to be
determined by the Board.
Section 2. Separability.
If any section, sentence, subsection, clause or phrase of this Ordinance
is for any reason held to be invalid or unconstitutional by a decision of a
Court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of the Ordinance. The Town Council of the Town of
Tiburon hereby declares that it would have passed this Ordinance, any section,
subsection, sentence, clause or phrase thereof, irrespective of the fact that
anyone or more other sections, subsections, sentences, clauses or phrases may
be declared invalid or unconstitutional.
Section 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after
the date of passage and before the expiration of fifteen (15) days after its
passage, the same shall be published with the names of the members voting for
-2-
and against the same, at least once in a newspaper of general circulation,
published in the Town of Tiburon.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Ti buron held on September 16 1981, by the fo 11 owi ng vote:
AYES:
NOES:
ABSENT:
COUNcILMEMBERS: Edelstein, Rockey, Bass, Hanson
COUNCILMEMBERS: None
cOUNCILMEMBERS: Bergsund
~u~
KIRK ANSON, Mayor
Town of Tiburon
ATTEST:
~~@Clerk
Date drafted August 27, 1981