Belvedere's view and sunlight ordinance: the complaint, mediation, arbitration and the arborist you must name

What the ordinance protects

Section 8.28.035 prohibits unreasonable obstruction of view or sunlight. Section 8.28.040(A) lets a complainant seek to "preserve or restore preexisting views or sunlight" blocked by trees, shrubs or hedges on another property in the City. Two limits in 8.28.040(B): a view available only because obstructing vegetation was temporarily removed by accident or natural causes is not protected, and access to a view or sunlight "does not run with the land as an easement." Section 8.28.060 governs the extent of restoration; 8.28.070 and 8.28.080 set the standards and principles the arbitrator or court applies.

The process (8.28.040)

1. Informal attempt (C). Contact the owner and try to agree on the corrective work.
2. Complaint of obstruction (D). Required before arbitration or litigation. Served in person or by mail. Must contain: a description of the obstruction and the address of the vegetation; a statement that good-faith efforts failed; a reasonably detailed proposal for the corrective work; the certified arborist the complainant will use if the work proceeds; an offer of mediation through Marin mediation services or similar, with a statement whether the complainant will accept binding arbitration if mediation fails; and the date of service. The owner has 30 days to respond.
3. Mediation (E). If both agree. Scheduled at the earliest date, costs shared equally. A written, signed agreement is enforceable in court.
4. Binding arbitration (F). If the owner declines mediation or it fails, and both agree in writing. Arbitrator agreed within 30 days or selected by the American Arbitration Association; AAA rules apply; costs shared equally. The arbitrator may require either party to pay for and submit a certified arborist report. The written award makes findings under 8.28.070 and 8.28.080, lists the corrective actions and a completion schedule, is filed with the City Manager for information, and is enforceable under Code of Civil Procedure 1285.
5. Litigation (G). Only if the parties did not agree to arbitration and the prior steps were completed. Marin County Superior Court, filed within 180 days of service of the complaint or of the end of mediation, whichever is later. A copy of the decision goes to the City Manager.

Corrective work, costs and access (8.28.080 to 8.28.120)

Section 8.28.080 sets the principles governing what corrective work is required, 8.28.090 allocates the costs of correction (with escrow and attorneys' fees provisions), 8.28.100 governs access to the tree owner's property for the work, 8.28.110 responsibility for damage, and 8.28.120 the procedures for the work itself. Read these sections with counsel before filing; the report applies them tree by tree.

Hazard trees (8.28.030)

Separately from views, 8.28.030 covers personal injury and property damage hazards from trees: a designated City staff member, reports, complaints, notice to correct, appeals and correction costs. A dead or dangerous tree next door in Belvedere has a City path as well as the Civil Code path. The Dispute Assessment Report supports either.

What the View Obstruction Report does in Belvedere

1. Documents the preexisting view or sunlight against your evidence, and today's obstruction, with photographs.
2. Identifies each tree, shrub or hedge in the corridor to species and condition.
3. Writes the "reasonably detailed proposal for the corrective work" the complaint requires, tree by tree, with what each action would do to the plant.
4. Serves as the arborist named in the complaint and, if the matter goes to arbitration, as the arborist report the arbitrator may require.
5. Cites 8.28.035, 8.28.040, 8.28.060 to 8.28.090 and any protected-tree rule that applies.

From $950. Mediation and arbitration attendance $250 per hour. Also ordered by tree owners who have been served a complaint. Start the report

Sources

1. Belvedere Municipal Code Chapter 8.28, Trees and 8.28.040, Remedy for unreasonable obstruction of view or sunlight (Ord. 98-8, Ord. 2016-11), reviewed October 23, 2026.
2. City of Belvedere, Tree Trimming & Removal.