12.45.050 Apportionment of costs.

A.    Cost of mediation and arbitration:

1.    The complaining party shall pay all the costs, if any, of mediation.

2.    The complaining party and the tree owner shall each pay fifty percent of all the costs of the arbitrator’s professional fee, if any.

B.    Cost of litigation:

1.    The complaining party shall pay one hundred percent of both parties’ reasonable attorneys’ fees in the event that their claim is finally denied, or no action is ordered pursuant to Section 12.45.040, unless the tree owner has refused to participate in either the initial reconciliation or mediation.

2.    In all other cases, the complaining party and the tree owner shall each pay their attorney’s fees. Court costs shall be allocated to the parties at the court’s discretion.

C.    Cost of restorative actions: At any time during the procedure specified in this chapter, 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 August 6, 1987, the complaining party shall pay one hundred percent of the costs of the initial restorative action. The complaining party shall pay the cost of subsequent restorative action as the result of the recurrence of the same obstruction.

2.    As to trees planted subsequent to August 6, 1987, the tree owner and the complaining party shall each be responsible for fifty percent of the costs of restorative action and subsequent recurrence of the same obstruction.

D.    Compensation for value of restorative actions: In the event a tree arbitrator or court orders restorative action and compensation to the tree owner therefor, the tree arbitrator or court may use any of the following methods to determine value lost: fair market value, replacement value, or trunk formula. "Trunk formula" shall mean the method of determining value as set forth in latest edition of the "Guide for Plant Appraisal," published by the Council of Tree and Landscape Appraisers. (Ord. 6286-NS § 1 (part), 1995: Ord. 6173-NS § 1 (part), 1993: Ord. 5817-NS § 1 (part), 1987)