§ 15-9. Process for resolution of obstruction disputes.

The following process shall be used in the resolution of view and sunlight obstruction disputes between parties.

(a)

(1)

Initial reconciliation. A complaining party who believes that tree growth on the property of another has caused unreasonable obstruction of views or sunlight from the primary living area or active use area shall notify the tree owner in writing of such concerns.

(2)

The notification should, if possible, be accompanied by personal discussions to enable the complaining party and tree owner to attempt to reach a mutually agreeable solution. If personal discussions fail, neighborhood associations may be willing to assist with the resolution of the obstruction dispute.

(3)

For trees located on town-owned property, see section 15-16.

(b)

(1)

Mediation. If the initial reconciliation attempt fails, the complaining party shall propose mediation as a timely means to settle the obstruction dispute.

(2)

Acceptance of mediation by the tree owner shall be voluntary, but the tree owner shall have no more than thirty days from service of notice to either accept or reject the offer of mediation. If mediation is accepted, the parties shall mutually agree upon a mediator within twenty days of the acceptance of mediation, or the offer of mediation shall be deemed to have been declined.

(3)

It is recommended that the services of a professionally trained mediator be employed.

(4)

The mediation meeting may be informal. The mediation process may include the hearing of viewpoints of lay or expert witnesses, and shall include a site visit to the properties of the complaining party and the tree owner. Parties are encouraged to contact immediate neighbors and solicit input.

(5)

The mediator shall consider the purposes and policies set forth in this chapter in attempting to help resolve the dispute. The mediator shall not have the power to issue binding orders for restorative action, but shall strive to enable the parties to resolve their dispute by written agreement in order to reduce the potential for litigation.

(Ord. No. 379 N.S., § 3 (part))

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