§ 816-2.424. View claim.

"View claim" means the claimant's verified written basis for arbitration or court action under this chapter, which clearly establishes all of the following:

(1)

The precise nature and extent of the alleged view obstruction and particulars of the manner in which it diminishes the beneficial use, economic value and enjoyment of the claimant's property, including all pertinent corroborating physical evidence available;

(2)

The exact location of all trees alleged to cause a view obstruction, the address of the property upon which the trees are located, and the present tree owner's name and address. This requirement may be satisfied by the inclusion of tree location, property address and tree owner information on a valid property survey or plot plan submitted with the view claim;

(3)

Any mitigating actions proposed by the parties involved to resolve the alleged view claim;

(4)

The failure of personal communication between the claimant and the tree owner to resolve the alleged view obstruction as set forth in this chapter. The claimant must provide physical evidence that written attempts at conciliation have been made and filed. Such evidence may include, but is not limited to, copies of and receipts for certified or registered mail correspondence.

(Ord. 84-3).