§ 825.

APPORTIONMENT OF COSTS

a.

Cost of Arbitration. The complaining party and the tree owner shall each pay 50 percent of the costs of the arbitrator’s personal fee, if any.

b.

Costs of Litigation. The complaining party shall pay 100 percent of both parties’ reasonable attorneys’ fees in the event that his or her claim is finally denied, or no action is ordered pursuant to Section 824(c). In all other cases the complaining party and the tree owner shall each pay his or her attorney’s fees. Court costs shall be allocated to the parties at the court’s discretion.

c.

Costs of Restorative Actions. At any time during the procedure specified in this ordinance the parties may agree between themselves as to the allocation of the costs of restorative action. If such an agreement is not reached, the following shall apply:

1.

As to trees planted prior to the effective date of this ordinance the complaining party shall pay 100 percent of the costs of the initial restorative action. The complaining party shall pay the cost of subsequent restorative action as a result of the recurrence of the same obstruction.

2.

As to trees planted subsequent to the effective date of this chapter the tree owner and the complaining party shall each be responsible for 50 percent of the costs of restorative action and subsequent recurrence of the same obstruction.

History

(Added by Ord. 445-88, App. 9/28/88)

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