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Politics & Government

Council OKs Trousdale View Restoration Rules

After input from residents at a previous council meeting, the panel has approved a revision of the Trousdale view ordinance.

The City Council on Tuesday unanimously enacted that regulate foliage height in the .

"The ordinance allows a resident ... who believes that his or her view is being blocked by privately owned foliage on a neighbor's property to send a certified letter to the neighbor ... asking that they trim the vegetation," according to a statement released by the city.

If view and foliage owners cannot agree on a resolution, the view owner would offer mediation to the foliage owner via a neutral party to reach an agreement, the statement explains. If no agreement results after the mediation, the view owner may apply for a Planning Commission hearing and decision, which can be appealed to the city council.

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If the council denies a view owner's appeal, he or she may initiate private legal action.

Tuesday's update, which reflected staff revisions to the proposed ordinance inspired by residents' views expressed at the Nov. 3 council meeting, established the following:

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  • There is a 15-foot maximum height limit for foliage measured according to a property's grade in relation to the height of a home's roof.
  • If a foliage owner denies access to his or her property in order to prevent a view restoration survey, "the survey shall be prepared using other available information," according to a presentation by Senior Planner Michele McGrath.
  • Regarding enforcement, "the city shall take such action as appropriate to ensure initial compliance with the view restoration permit," City Attorney Larry Wiener said after council members requested a language adjustment. 
  • If the city determines a resident is in compliance with the ordinance, "any further dispute ... shall be resolved by a civil action initiated by the view owner," according to McGrath's presentation. "The prevailing party in any such civil action ... shall be entitled to recover its reasonable attorney fees and costs incurred in the litigation."
  • Planning staff will report back to the council within 12 months on the ordinance's impact.

Additional guidelines for the ordinance are in the works and will be discussed at the Dec. 19 Planning Commission meeting, according to the statement. The fully developed set of rules will be posted on the city's website in January.

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