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HomeMy WebLinkAboutOrdinance No. 0816CITY OF MEDINA ORDINANCE NO.816 AN ORDINANCE RELATING TO VIEW AND SUNLIGHT OBSTRUCTION AND PROVIDING A MECHANISM FOR THE ORDERLY RESOLUTION OF DISPUTES INVOLVING PRESERVING AND ENHANCING VIEWS AND ACCESS TO SUNLIGHT. THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Purpose and Findings. This Ordinance is enacted to provide a voluntary mechanism for the resolution of disputes involving preserving and enhancing views and access to sunlight between Medina neighbors. It should not be construed to provide rights beyond those entitled under Washington law. The City has no right or obligation of the City to enforce any of the provisions in Sections 3-15 of this Ordinance. This ordinance is enacted in recognition of the importance of views and sunlight to properties within the City of Medina and to provide a fair and structured mechanism for resolving disputes relating to views and sunlight. The Medina Comprehensive Plan recognizes the importance of views and access to sunlight as well as the importance of preservation of trees and other vegetation. This ordinance is based upon the following findings which are adopted by the City Council of Medina following extensive study and public input from multiple public hearings. A. Among the features that contribute to the attractiveness and livability of the City of Medina are its trees, both native and introduced, and the views obtained from a variety of elevations throughout the City. B. Trees, whether growing singly, in woodland settings, provide a wide psychological and tangible benefits visitors. Trees contribute to the modifying temperatures and winds, clusters or in variety of significant for both residents and natural environment by replenishing oxygen to the atmosphere and water to the soil, controlling soil erosion, and providing wildlife habitat. Trees contribute to the visual environment by providing scale, color, silhouette and mass, by creating visual screens and buffers to separate structures, and by promoting individual privacy. Trees contribute to the economic environment of the City by stabilizing property values and reducing the need for surface drainage systems. Trees contribute to the cultural environment by becoming living landmarks of the city's history and providing a critical element of nature in the midst of urban development. C. Views also produce a variety of significant and tangible benefits for both residents and visitors to the City. Views contribute to the economic environment by substantially enhancing property values. Views contribute to the visual environment by providing inspiring Ordinance No. 816 1 panoramic vistas. Views of attractive subjects with significant horizontal expanse add substantial value to real property. Such views are considered significant in adding to the value of real property by the King County Assessor. Access to plentiful sunlight enhances livability and promotes the general welfare of the entire community. D. Trees, views and access to sunlight and the benefits to be derived from each, may come into conflict. Tree planting locations and species selections may produce both intended beneficial effects on the property where they are planted, and unintended deleterious effects on neighboring properties. Trees may block light, cause the growth of mess, harbor plant disease, retard the growth of grass and interfere with the enjoyment of views and sunlight, leading to the lessening of property values. E. With appropriate safeguards requiring consideration of all the factors set forth herein, affected property owners requesting view or sunlight access improvement can be given substantial relief without infringing upon the rights of the owners of properties containing trees. F. It is in the interest of the public welfare, health and safety to establish standards for the resolution of view and sun obstruction claims and to establish a structure for resolution of such claims which will provide a reasonable balance between the values of tree ownership and view and sunlight related values. G. When a view or sunlight obstruction dispute arises, the parties should act reasonably to resolve the dispute through friendly communication, thoughtful negotiation, compromise and other traditional means. Those disputes which are not resolved through such means may be resolved by following the procedures established herein. H. It is the intent of the City that the provisions of this ordinance receive thoughtful and reasonable application. It is not the intent of the City to encourage clear -cutting or substantial denuding of any property of its trees by overzealous application of the provisions of this ordinance. SECTION 2. Definitions. The definitions contained in chapter 17.12 of the Medina Municipal Code shall apply to this Chapter except that the definitions of this section shall apply in the case of any conflict with the definitions in chapter 17.12. A. "Complainant" means a complaining property owner in the City of Medina who alleges that trees located on the property of another are causing an unreasonable obstruction of pre-existing views or sunlight. B. "Owner" means any individual, firm, partnership, corporation, trust or other legal entity owning property in the City of Medina. C. "Tree" means a woody perennial plant which usually, but not necessarily, has a single trunk and a height of fifteen feet or more, or has a diameter of five inches measured one Ordinance No. 816 2 foot above the root crown; references herein to "tree" shall include the plural. "Tree" shall also include any plant material or shrubbery planted or growing in a dense continuous line twenty feet in length or longer so as to form a thicket or naturally grown fence with an average height in excess of eight feet. 1955. located. D. "Historic tree" means any tree whose age precedes the incorporation of Medina in E. "Tree owner" means the record owner of the real property on which a tree is F. "View" means an actual or potential vista. G. "Significant view" means an actual or potential vista observable from within a primary living or entertaining area of a residence which has a significant horizontal expanse and which includes a vista of the surface of Lake Washington, the opposite shore of Lake Washington, Mercer Island, a bridge, the Olympic or Cascade Mountains, Mount Rainier, the golf course or the skylines of Seattle or Bellevue. H. "Substantial deprivation of sunlight" means the loss of a substantial portion of direct or indirect sunlight in a primary living or entertaining area or in a significant portion of the complainant's real property. I. "Primary living or entertaining area" means an area located between the exterior walls of a residence from which a view is observed most often by the occupants relative to other portions of the residence. The determination of primary living or entertaining area is to be made on a case -by -case basis. J. "Dense Screening" means trees which are planted or growing closely together which combine to block views or obstruct access to sunlight. K. "Objective Evaluation" means an evaluation based upon the values assigned to tree ownership, views and access to sunlight by reasonable persons in the community as opposed to the views of individual parties. L. "Windowing" means a form of thinning by which openings or "windows" are created to restore views or sunlight. SECTION 3. RiEhts Established. A person shall have the right to use the processes set forth in this Ordinance and to seek to preserve and restore views or sunlight which existed at any time since he or she purchased or occupied a property, when such views or sunlight are from the primary living or entertainment area and have subsequently been unreasonably obstructed by the growth of trees. Ordinance No. 816 3 In addition to the rights described in this section, private' parties have the right to seek remedial action for imminent danger caused by trees. All persons are advised that trees which are located within public rights -of -way are governed by Medina Municipal Code Chapter 12.20 and that properties undergoing development are subject to the tree preservation and landscaping requirements of Medina Municipal Code Chapter 12.28. SECTION 4. Unreasonable Obstruction, Nuisance. The unreasonable obstruction of views or sunlight by planting, uncontrolled growth or maintenance of trees satisfying the minimum requirements for relief in Section 5 A of this ordinance constitutes a private nuisance subject to redress as provided in this ordinance. If a person shall plant, maintain or permit to grow any tree which unreasonably obstructs the view from or sunlight reaching the primary living or entertainment area of any other parcel of property within the City of Medina as set forth in Section 5, below, then a complainant shall have the rights set forth in this Ordinance. SECTION 5. City Guidelines Concerning Restorative Action. A. Minimum Reduirements. No complainant shall be entitled to seek restorative action unless the complainant meets one of the following minimum criteria: (1) If the application is based on loss of view: that the claimant has a significant view as defined herein or has had a significant view at some time since purchasing the property; that the tree alleged to be interfering with a significant view is located within three hundred feet (300) of the exterior wall of a primary living or entertaining area from which the significant view could be seen; and that more than sixty percent (60%) of the horizontal expanse of that portion of the view which is seen over the property of the tree owner is obscured by trees or structures located on the tree owner's property. (2) If the application is based on interference with access to sunlight: that the claimant suffers from a substantial deprivation of access to sunlight which had existed at some time subsequent to purchasing the property; and that the tree allegedly causing the substantial deprivation of sunlight is located within fifty feet (50) of the complainant's property line. B. Additional Elements for Consideration. No claimant shall be entitled to seek restorative action unless the claimant's view or access to sunlight is unreasonably obstructed based upon an objective evaluation. In determining whether view or access to sunlight is unreasonably obstructed, the following guidelines, if relevant, shall be considered: (1) The extent of the alleged view obstruction, expressed as percentage calculated by means of a or both; of the total view, and survey or by photographs (2) The extent to which one or more of the unique view features described in Section 2 G are obstructed; (3) The extent to which the tree causes shade, reducing access to sunlight; Ordinance No. 816 4 (4) The extent to which the tree provides benefits to the tree owner or others including but not limited to visual screening, wildlife habitat, soil stability (as measured by soil structure, degree of slope and extent of root system), energy conservation and/or climate control; (5) The extent to which the tree affects neighboring vegetation. (6) The visual quality of the tree, including but not limited to species characteristics, size, form, texture, color, vigor, location and other tree -factors, including such items as indigenous tree species, specimen tree quality and rare tree species. (7) The extent to which the provisions of MMC Chapter 18.12 (environmentally sensitive areas) and of MMC Chapter 12.28 (tree preservation and landscaping requirements during development) may be inconsistent with any portion of the relief requested. (8) The extent to which the proposed action may have an adverse affect on the health or stability of other trees. SECTION 6. Obiective Criteria to Govern. In determining whether relief may be granted, the objective criteria set forth in this ordinance shall govern. No party shall be entitled to an unobstructed view. SECTION 7. Methods of Relief. Methods of relief that may be granted include pruning, thinning, windowing, topping, or removal of the tree. SECTION 8. Limitations on Relief. Any relief which may be granted shall be limited by the following standards: A. No relief shall be granted unless the relief will substantially improve a significant view or access to sunlight. B. Only the least invasive procedure which would grant reasonable relief can be required. C. Removal will not be required unless pruning, or topping would not provide adequate relief D. If removal or topping are required, on the request of the tree owner, the tree shall be replaced at the complainant's expense. The replacement tree shall be chosen by the tree owner from a list of trees established by the City which will not cause a reoccurrence of the unreasonable obstruction. E. If one or more methods of relief would provide reasonable relief to the complainant, the reasonable desires of the tree owner shall govern. Ordinance No. 816 5 SECTION 9. Limitations on Pruning. All pruning ordered to be performed will conform to the following limitations: A. No more than one third (1/3) of the tree canopy shall be removed during any growing season. B. If the tree canopy is raised, removal of the lower branches shall not exceed twenty five percent (25%) of the total tree canopy. C. In pruning to reduce the height of a tree, all cuts shall be made to strong laterals or to the parent limb. Whenever possible, limbs shall be cut back to laterals that are at least one third (1/3) the size of the parent limb. D. Pruning shall be evenly distributed throughout a tree's canopy. E. When appropriate based on the genus of the tree, pruning shall be performed only during the horticulturally approved times. F. In addition to the standards set forth herein, pruning shall comply with guidelines for pruning established by the National Arborist Association. SECTION 10. Process for Resolution of Obstruction Disputes. The following process shall be used in the resolution of view and sunlight obstruction disputes: A. Initial Reconciliation. A complainant who believes that tree growth on the property of another has caused unreasonable obstruction of views or sunlight from a primary living or entertaining area shall notify the tree owner in writing of such concerns. Notification should, if possible, be accompanied by a personal discussion to enable the complainant and tree owner to attempt to reach a mutually agreeable solution. B. Mediation. If the initial reconciliation attempt fails, the complainant shall propose mediation and as a timely means to settle the obstruction dispute. Acceptance of mediation by the tree owner shall be voluntary, but the tree owner shall have no more than thirty (30) 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 ten (10) days. It is recommended that the services of a professionally trained mediator be employed. Mediation may be arranged through the Seattle -King county Alternate Dispute Resolution Center. The mediation meeting may be informal. The mediation process may include the hearing of the viewpoints of lay or expert witnesses and shall include a site visit to the properties of the complainant and the tree owner. The parties are encouraged to contact immediate neighbors and solicit input. The mediator shall consider the purposes and policies set forth in this ordinance in Ordinance No. 816 6 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 eliminate the need for binding arbitration or litigation. SECTION 11. Tree Claim Preparation. In the event that the initial reconciliation process fails, and mediation either is declined by the tree owner or fails, the complainant must prepare a tree claim and provide a copy to the tree owner in order to pursue either binding arbitration or litigation as set forth in this ordinance. 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. Evidence of the date of property acquisition by the complainant must be included. (2) The location of all trees alleged to cause the obstruction, the address of the property upon which the trees are located, name and address. (3) Evidence of the failure of initial reconciliation to resolve the dispute. The complainant must provide 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 has been attempted and has failed, or has been declined by the tree owner. (5) The specific restorative actions proposed by the complainant to resolve the unreasonable obstruction. SECTION 12. Binding Arbitration. In those cases where the initial reconciliation process fails and where mediation is declined by the tree owner or has failed, the complainant must offer in writing to submit the dispute to binding arbitration, and the tree owner may elect binding arbitration. The tree owner shall have thirty (30) days from service of notice to accept or reject binding arbitration. If accepted, the parties shall agree on a specific arbitrator within twenty one (21) days, and shall indicate such agreement in writing. The arbitrator shall use the provisions of this ordinance to reach a fair resolution of the dispute and shall submit a complete written report to the complainant and the tree owner. The report shall include the arbitrator's findings with respect to Sections 5 A and 5 B of this ordinance, a pertinent list of all mandated restorative actions with any appropriate conditions concerning such actions, and a schedule by which the mandates must be completed. A copy of the arbitrator's Ordinance No. 816 7 report shall be filed with the City Clerk. The decision of the arbitrator is binding on the parties. Any decision ofthe arbitrator may be enforced by civil action, as provided by law. SECTION 13. Lit!ation. In those cases where binding arbitration is declined by the tree owner, then civil action may be pursued by the complainant for resolution of the view or sunlight obstruction dispute under the provisions and guidelines set forth in this ordinance. The complainant must state in the lawsuit that mediation and arbitration were offered and not accepted. A copy of any final resolution of the litigation shall be filed with the City Clerk. SECTION 14. Apportionment of costs. A. Mediation and Arbitration. The complainant and tree owner shall each pay fifty percent (50%) of mediation or arbitration fees, unless they agree otherwise or allow the mediator or arbitrator discretion to allocate costs. B. Restorative Action. The costs of restorative action shall be determined by mutual agreement or through mediation, arbitration, court decision or settlement. SECTION 15. Limitation. This ordinance shall not be construed to affect obligations imposed by easement, covenants or agreements. SECTION 16. Application. A. This ordinance shall not apply to trees located on property owned by the City (not including rights -of -way). Individuals who are adversely effected by trees located on property owned by the City may approach the City Park Board for requested relief The potential for obstruction of views or substantial obstruction of sunlight shall be considered by the City when planting trees on property owned by the City. Ordinance No. 816 B. This ordinance shall not apply to trees located within City rights -of -way which trees shall continue to be subject to the requirements of MMC Chapter 12.20. C. This ordinance shall not apply to historic trees. SECTION 17. Effective Date. This ordinance shall take effect five (5) days after its publication or the publication of a summary of its intent and contents. PASSED BY THE CITY COUNCIL ON THIS 10th DAY OF SEPTEMBER 10, 2007 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE 10th DAY OF SEPTEMBER 10, 2007. Approved as to form: Wayne D. anaka, City Attorney i pub tic, he): k*Z4-7)(e- to(Ic kvv7- lople(ZOD-1- Ordinance No. 8166 E a� Miles Adam, Mayor Attest: Ra el Baker, City Clerk SUMMARY OF ORDINANCE NO. 816 of the City of Medina, Washington On October 8, 2007, the City Council of the City of Medina, Washington, approved Ordinance No. 816, the main points of which are summarized by its title as follows: AN ORDINANCE RELATING TO VIEW AND SUNLIGHT OBSTRUCTION AND PROVIDING A MECHANISM FOR THE ORDERLY RESOLUTION OF DISPUTES INVOLVING PRESERVING AND ENHANCING VIEWS AND ACCESS TO SUNLIGHT. The full text of this ordinance will be mailed upon request. APPROVED by the City Council at their meeting of October 8, 2007. Rac el Baker, City Clerk Ordinance No. 816 10