§ 15-10. Tree claim preparation.

(a)

In the event that the initial reconciliation process fails, and mediation is either declined by the tree owner or fails, the complaining party must prepare a tree claim, and provide a copy to the tree owner, in order to pursue litigation under the authority established by this chapter.

(b)

A tree claim shall consist of all of the following:

(1)

A description of the nature and extent of the alleged obstruction, including pertinent and corroborating physical evidence. Evidence may include but is not limited to photographic prints, negatives or slides. Such evidence must show absence of the obstruction at any documentable time during the tenure of the complaining party. Evidence to show the date of property acquisition or occupancy by the complaining party must be included;

(2)

The location of all trees alleged to cause the obstruction, the address of the property upon which the tree(s) are located, and the present tree owner's name and address;

(3)

Evidence of the failure of initial reconciliation, as described in section 15-9, to resolve the dispute. The complaining party must provide physical evidence that written attempts at reconciliation have been made and have failed. Evidence may include, but is not limited to, copies of and receipts for certified or registered mail correspondence;

(4)

Evidence that mediation, as described in section 15-9, has been attempted and has failed, or has been declined by the tree owner;

(5)

Specific restorative actions proposed by the complaining party to resolve the unreasonable obstruction.

(Ord. No. 379 N.S., § 3 (part))

(Ord. No. 572 N.S. , § 2(H), 5-17-2017)