Tuesday, May 11, 2010

RHE City Council Set To Vote on Overdue Vista-Blocking Issue

For two years now, Rolling Hills Estates residents have been asking for the legal action to get overgrown, vista-blodking trees chopped down, the City Council is set to vote on a view-restoration ordinance tonight.

The measure would bring the city into line with the 3 other municipalities on the Palos Verdes Peninsula that have existing rules.

The 18 page ordinance will allow residence to pursue "view equity" or "sunlight access" in relation to trees causing an "unreasonable obstruction" on properties within 5oo feet of the home owned by the person seeking the view.

The measure directs neighbors to try to resolve view disputes first through an initial discussion, then by filing a written claim with the city. The claim would be followed by voluntary mediation then, if necessary, binding arbitration and finally litigation.

Costs for mediation and arbitration would be borne by the party seeking an improved view, but agreements could be made to divide the cost. In most cases, the cost of litigation would be paid by the side that loses.

An important objective in the ordinance would be to ensure that the city would not end up investing a lot of staff time or paying for lawsuits related to view disputes, an has been the unfortunate case in the past.

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