§ 816-2.804. Arbitration.  


Latest version.
  • Where the initial reconciliation process fails, the claimant and the tree owner may elect binding arbitration pursuant to this chapter to resolve the alleged view obstruction. The view arbitrator shall be fully qualified under this chapter and shall be agreed to by both the claimant and the tree owner, who shall indicate such agreement in writing and with the arbitrator's consent. The arbitration agreement may provide for employment of experts representing the parties or may be limited to an investigation of the view claim conducted by the view arbitrator. The view arbitrator shall follow the terms and conditions of this chapter to reach a fair resolution of the view claim, and shall submit a complete written report to the claimant and the tree owner. The report shall include the view arbitrator's findings with respect to all standards listed in Article 816-2.6 and a complete listing of all mandated restorative actions. All mandated restorative actions shall be implemented within thirty days of the delivery of the arbitration report to the claimant and the tree owner, or within such other period recommended by expert advice to be required by seasons of the year, type of tree, etc. The findings of the view arbitrator shall be final.

(Ord. 84-3).