Chapter 20.23
PRIVATE HEDGE CODE
Sections:
20.23.030 General requirements.
20.23.070 Process for resolution of hedge disputes.
20.23.090 Hedge claim preparation.
20.23.100 Binding arbitration.
20.23.120 Apportionment of costs.
20.23.010 Purpose and intent.
This chapter is enacted to provide a voluntary mechanism for the resolution of disputes involving the height of hedges. It shall not be construed to provide rights beyond those entitled under Washington law. The town has no right nor obligation to enforce any of the provisions of this chapter.
A. Among the features that contribute to the attractiveness and livability of the town of Yarrow Point are its hedges and landscaping, both native and introduced.
B. Hedges and landscaping provide a wide variety of psychological and tangible benefits for both residents and visitors to the town.
C. It is in the interest of the public welfare, health and safety to establish standards for the resolution of hedge code violation claims and to establish a structure for resolution of such claims.
D. When a hedge dispute arises, the parties should act reasonably to resolve the dispute through friendly communication, thoughtful negotiation, compromise and other traditional means. Those disputes which are not resolved through such means may be resolved by following the procedures established herein. (Ord. 733 § 4 (Exh. A), 2023)
20.23.020 Definitions.
A. “Complainant” means a complaining property owner in the town of Yarrow Point who alleges that hedge(s) are not compliant with this chapter.
B. “Crown” means the portion of a planting containing leaf or needle bearing branches.
C. “Hedge owner” means the owner of the real property on which a hedge is located.
D. “Hedge” means three or more plantings planted or growing in: (1) a continuous row where the crowns of the plantings touch and/or overlap, and (2) is 10 feet in length or longer, and (3) that forms a physical and/or visual barrier, and (4) has a height in excess of three feet.
E. “Property owner” means any individual, firm, partnership, corporation, trust or other legal entity owning property in the town of Yarrow Point.
F. “Plantings” means any flora on a property including but not limited to plants, grasses, trees, or shrubs.
G. “Row” means a line which may be straight, curved, or otherwise irregular. (Ord. 733 § 4 (Exh. A), 2023)
20.23.030 General requirements.
A. A hedge or portion of a hedge located within a setback shall not exceed six feet, six inches, or a height mutually agreed upon by current adjacent property owners and established in writing.
B. Hedge height shall be measured from existing grade, immediately adjacent to the hedge.
C. Plantings which are along or inside of a hedge that do not have overlapping crowns with other plantings shall not be regulated as part of a hedge.
D. Removal or modification of a hedge comprised in part, or entirely, of significant trees, as defined in YPMC 20.22.020(H), shall also comply with Chapter 20.22 YPMC where applicable. (Ord. 733 § 4 (Exh. A), 2023)
20.23.040 Rights established.
A complainant shall have the right to use the processes set forth in this chapter to limit the height of a hedge in a setback to the permissible height set forth herein, so long as the complainant establishes that the hedge alleged to violate this chapter is located adjacent to a property line that the complainant shares with the hedge owner. (Ord. 733 § 4 (Exh. A), 2023)
20.23.050 Private nuisance.
A hedge located within a setback that exceeds the permitted height established in YPMC 20.23.030 constitutes a private nuisance subject to redress as provided in this chapter. If a property owner plants, maintains, or permits to grow any hedge which exceeds the permitted height established in YPMC 20.23.030, then a complainant shall have the rights set forth in this chapter. (Ord. 733 § 4 (Exh. A), 2023)
20.23.060 Methods of relief.
Methods of relief that may be granted include pruning, thinning, windowing, topping, or removal of the hedge. (Ord. 733 § 4 (Exh. A), 2023)
20.23.070 Process for resolution of hedge disputes.
A. The following process shall be used in the resolution of hedge code violations:
1. Initial Reconciliation. A complainant who believes that hedge growth does not meet the requirements of this chapter shall first notify the hedge owner in writing of such concerns. Notification should, if possible, be accompanied by a personal discussion to enable the complainant and hedge owner to attempt to reach a mutually agreeable solution.
2. Mediation. If the initial reconciliation attempt fails, the complainant shall propose, in writing to the hedge owner, to submit the dispute to mediation.
3. Binding Arbitration. If mediation fails, the complainant shall propose, in writing to the hedge owner, to submit the dispute to binding arbitration.
4. Litigation. If the hedge owner fails to participate in binding arbitration, the complainant may pursue civil action to resolve the dispute. (Ord. 733 § 4 (Exh. A), 2023)
20.23.080 Mediation.
A. Acceptance of mediation by the hedge owner shall be voluntary; however, the hedge owner shall have no more than 30 days from service of notice to either accept or reject the offer of mediation. If mediation is accepted, the parties shall mutually agree upon a mediator within 10 days of acceptance by the hedge owner of the mediation process.
B. It is recommended that the services of a professionally trained mediator be employed. Mediation may be arranged through the Seattle-King County Alternate Dispute Resolution Center.
C. The mediation meeting may be informal. The mediation process may include the hearing of the viewpoints of lay or expert witnesses and shall include a site visit to the properties of the complainant and the hedge owner. The parties are encouraged to contact immediate neighbors and solicit input. The mediator shall consider the purposes and policies set forth in this chapter in attempting to help resolve the dispute. The mediator shall not have the power to issue binding orders for the methods of relief established by YPMC 20.23.060 but shall strive to enable the parties to resolve their dispute by written agreement in order to eliminate the need for binding arbitration or litigation. (Ord. 733 § 4 (Exh. A), 2023)
20.23.090 Hedge claim preparation.
In the event that the initial reconciliation process fails, and mediation either is declined by the hedge owner or fails, the complainant must prepare a hedge claim and provide a copy to the hedge owner in order to pursue either binding arbitration or litigation as set forth in this chapter. A hedge claim shall consist of all of the following:
A. A description of the nature and extent of the alleged violation, including pertinent and corroborating physical evidence. Evidence may include, but is not limited to, digital photographs, photographic prints, negatives or slides.
B. Complainant’s address and contact information.
C. A site plan with the location of the hedge alleged to cause the violation.
D. The address of the property upon which the hedge is located, and name of hedge owner.
E. Evidence of the failure of initial reconciliation to resolve the dispute. The complainant must provide evidence that written attempts at reconciliation have been made and have failed. Evidence may include, but is not limited to, email correspondence with both parties’ responses, copies of and receipts for certified or registered mail correspondence.
F. Evidence that mediation has been attempted and has failed, or has been declined by the hedge owner.
G. The specific relief proposed by the complainant to resolve the violation. (Ord. 733 § 4 (Exh. A), 2023)
20.23.100 Binding arbitration.
A. In those cases where the initial reconciliation process fails and where mediation is declined by the hedge owner or has failed, the complainant must offer in writing to submit the dispute to binding arbitration, and the hedge owner may elect binding arbitration.
B. The hedge owner shall have 30 days from service of notice to accept or reject binding arbitration. If accepted, the parties shall agree on a specific arbitrator within 10 days, and shall indicate such agreement in writing.
C. The arbitrator shall use the provisions of this chapter to reach a fair resolution of the dispute and shall submit a complete written report to the complainant and the hedge owner. The report shall include the arbitrator’s findings with respect to YPMC 20.23.030, a pertinent list of mandated relief with any appropriate conditions concerning such actions, and a schedule by which the mandates must be completed. A copy of the arbitrator’s report shall be filed with the town. The decision of the arbitrator is binding on the parties. Any decision of the arbitrator may be enforced by civil action, as provided by law. (Ord. 733 § 4 (Exh. A), 2023)
20.23.110 Litigation.
A. In those cases where binding arbitration is declined by the hedge owner, then civil action may be pursued by the complainant for resolution of the hedge dispute under the provisions and guidelines set forth in this chapter.
B. The complainant must state in the lawsuit that mediation and binding arbitration were offered and not accepted. A copy of any final resolution of the litigation shall be filed with the town. (Ord. 733 § 4 (Exh. A), 2023)
20.23.120 Apportionment of costs.
A. Mediation and Arbitration. The complainant and hedge owner shall each pay 50 percent of mediation or arbitration fees, unless they agree otherwise or allow the mediator or arbitrator discretion to allocate costs.
B. Relief. The costs of relief requested shall be determined by mutual agreement or through mediation, arbitration, court decision or settlement. (Ord. 733 § 4 (Exh. A), 2023)
20.23.130 Limitation.
A. This chapter shall not be construed to affect obligations imposed by easement, covenants or agreements.
B. This chapter shall not apply to hedges located on town property or right-of-way.
C. Under no circumstances shall the town have any responsibility or liability to enforce or seek any legal redress, civil or criminal, for any decision that any other person or entity makes concerning a hedge complaint, including, but not limited to, agreements arrived at during the initial reconciliation or mediation process. Failure of the town to enforce provisions of this chapter shall not give rise to any civil or criminal liabilities on the part of the town. A failure to comply with the provisions of this chapter is not a misdemeanor, and the enforcement of this chapter shall be only by the affected and interested private parties. (Ord. 733 § 4 (Exh. A), 2023)