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Home My WebLink AboutTC Ord 1970-03-23 ORDINANCE NO. ~ N. S. AN ORDINANCE OF THE CITY OF TIBURON AMENDING THE TIBURON CITY CODE BY ADDING ARTICLE III TO TITLE IV, CHAPTER 15. REGUlATING THE HEIGHT OF TREES. '!be City Council of the City of Tiburon does hereby ordain as follows ~ Section 1. FINDINGS. '!be City Council hereby finds the following to be true: '!be value of many parcels of real property situated .within the City is greatly influenced by the view which is enjoyed frOm the land. View is considered in determining the assessed value of said property for tax purposes. Trees which are peRdtted to unreasonably obstruct said vie", decrease the enjoyment and the value of the land so affected. Further, the regulation of the hei.ght and proximity of trees is necessary to secure adequate sunlight for property deprived of such by some trees which by unreasonably obstructing said sunlJ8ht bring about an en- vironmental change which decreases the enjoyment of ttiat property. In most cases, disputes over the height and proximity of trees are amicably settled between neigh- bors, and it is the intent of this ordinance to encourage the continuation of such amicable settlement. There does arise on occasion, however, a situation where a legitimate complaint is rejected by the owner upon whose property the offending tree i8 planted. Accordingly, the City Council finds that this ordinance is necessary to promote and preserve the public health, safety and welfare. Section 2. AMENDMENT. the Tiburon City Code is hereby amended by adding Article III to Title IV, Chapter 15, to read as follows: UAIlTICJ.E III. HEIGHT AND PROXIMITY OF TREES AFFECTING. SUNLIGHT AND VIEW. Section 15-b-l. Sunli2ht and View Obstruction Prohibited. No tree and/or comparable vegetation shall be maintained or permitted to grow upon any property in the City in such manner as to unreasonably obstruct the view and/or sunlight. from any other parcel. Section IS-b-2. Committee Established. A Coamtttee is hereby established, which shall consist of two (2) members of the larks and Recreation Commission, two (2) members of the Planning Commission, to be appointed by their respective chairmen, and the city Plannin::;..Director.. '!he committee shall establish its procedural rules subject to City Council approval. Section 15-b-~. ComPlaint. An aggrieved property owner who desires to take advantage of the provisions of this Article shall file with the City Clerk a written report stating with par- ticularity that the view from his property and/or sunlight reaching his property is being unreasonably obstructed by the growth of one or more trees on property other than his, and that efforts on his part to alleviate the problem after con- tact with the owner of the property concerned have not been successful. Be shall also deposit Fifty ($50.00) Dollars with the City to cover the costs of necessary professional consultation and shall agree, in writing, to pay the costs as pres- cribed by the Committee or the City Council. Section lS-b-4. Duties of Committee. Within 60 days after receipt of the written complaint by the City Clerk, the Committee shall take such action as it may deem appropriate and advisable under tbe circumstances to mediate the differences between the parties involved, and shall exert diligent efforts to resolve the complaints and issues raised, by means of conciliation, conference and persuasion. If the ~ittee, after a period of 120 days after having received the complaint, has not been successful in resolving tbe complaint, it shall set the matter for hearing and shall notify the parties and other interested persons as provided herein. Draft Date: Am.nded: 2/18/70 3/9/7(\ 1. Section l5-b-5. Notification of Property Owners. The Development Administrator shall give at least 15 days' notl~e of the hearing by publication and by mailing postcards to all property owners within 300 feet of the exterior boundaries of subject property on which the trees are located, and to such other o~mers as in his discretion might be materially affected, including the parties, using the ownerships, names and addresses from the last- adopted tax roll. The notice shall state the name of the aggrieved property owner, the name of the owner of the trees and their location, and the time and place of the hearing, and shall request written comments prior to the hearing. The failure of any property owner to receive the notice shall not invalidate the proceedings. Section 15-b-6. Findin~s of the Committee. Prior to rendering a decision, the Committee shall find the following facts to be true: (a) that the view from or the sunlight reaching the real property of the complaining party is unreasonably obstructed; (b) That such obstruction materially decreases the enjoyment and the value of the real property of the complaining party; (c) That correction of the obstruction in the manner to be deter- mined by the Committee will not substantially decrease the enjoyment. and the value of the real property on which the tree is located; (d) That the manner of correction of the obstruction determined by the Committee would be reasonable and would not impose a materially adverse effect on the property on which the trees are located. Section lS-b-7. Hearin~ and Decision. At the hearing, each party may be represented by counsel of his choice and may present such evidence as he deems necessary. Following the hearing. the Committee shall render its decision and shall so advise the parties, in writing. It shall, in its decision, with the help of a landscape architect or equally qualified expert, determine the specific manner in which the obstruction is to be corrected, that is, by topping, trimming, etc., or, in cases in which no other reasonable remedy exists, by removal. The decision shall include the Committee's finding as to the manner in which the view or sunlight of the com- plaining o,mer is pb.structed. ihe decision. of the" Committee shall not become final' until the expiration 0:: the appeal period set forth in Section 15-b-9. Section 15-b-8. Allocation of Costs. The Co1amittee may require that the owner of the land on which the tree exists pay up to 50% of the costs of such modifications as finally recommended. Section IS-b-9. Appeal to City Council. Any party adversely affected by the decision of the Committee may file a written notice of appeal with the City Clerk within 30 days after the decision of the COmmittee. The City Council shall thereupon fix a time and place for hearing the appeal and shall give at least 15 days' notice of the hearing to all parties involved. The City Council shall hear such evidence as the parties may present and shall consider the findings and decision of the Comadttee. The City Council, whose decision shall be final, shall have the right to affirm, reverse, or modify the decision of the Committee. Section lS-b-IO. Remedies. Upon the expiration of 30 days after notification of the final decision of the Planning Commission, or the City Council, as the case may be, requiring the correction of the obstruction, it shall be unlawful for the owner of the prop- erty on which the tree is located not to comply with the determination requiring correction of the obstruction, and such person shall be deemed guilty of a separate offense for each and every day, during l11hich said determination is not complied with. Any person violating any of the provisions of this Article shall Draft ta te : Amended: 2/18/70 3/q/7r 2. be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Three Hundred Dollars ($300.00 )/' Section 3. S~PARABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Tiburon hereby declares that it would have passed this ordinance, and each section, sub- section, clause or phrase thereof, irrespective of the fact that anyone or more other sections, s~bsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 4. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty 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 and against the same, at least once in a newspaper of general circulation published in the City of Tiburon. PASSED AND ADOPTED at a regular meeting of the City Council of the City of 'l'iburon held on March 23 , 1970, by the following vote: A YES : COUNC ILMEN : Bremer, Drohan, Fanning NOES: COUNCILMEN: Ellinwood, Rice ABSENT: COUNC ILMEN: None ATTEST: ~~ LAWRE CE D. ROSE Ci ty Clerk Draft Jli te : Amended: 2/18/70 3/9/70 3. AFFIDAVIT STATE OF CALIFORNIA COUNTY OF MARIN CITY OF TIBURON ) ) ) S8 PHIL V. SCOTT, being first duly sworn deposes and says: That at all times herein mentioned he was and now is the DEVELOPMENT ADMINISTRATOR of the City of Tiburon, Cal~fornia; that pursuant to Section 3"1.3 of the Government Code, of the State of California, he posted at three public places within the City of Tiburon to wit: the City Hall 80 Main Street, Tiburon Fire Department 1679 Tiburon Blvd. and .bu on Fire Department, Trestle Glen Blv and Para4ise Drive ,,,/J,,t, ~,. ~",.~ d,.., ,lit.... i ~ a copy of which is hereinafter set forth in the form attached hereto. Said tt),r//,,,.~t" was posted on the aforementioned places in the City of Tiburon on th~'Oday of ~""e' , 19"D . Development Administrator of the City of Tiburon Subscribed and sworn to before me, a City Clerk in an9Jfor said County and S ta te :?J:.:~::1/""L day of 197d ~~~