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Goal: Maintain and Improve the Natural and Built Environment
Objectives: Protect a homeowner's right to the view at time of home purchase.
Progress
07/04: Oakland amended its 20-year old View Preservation Ordinance to clarify that private views are protected throughout the City of Oakland. This amendment corrected a 2003 decision by an Alameda Superior Court Judge who found that the ordinance applied only to views within the North Oakland Hill Area Specific Plan (the fire zone). However, the July 2004 amendment may not have gone far enough. Another Alameda County judge decided that the View Ordinance could not be enforced as it is presently worded. PPNA is proposing two additional changes to the View Ordinance:
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Obstruction of Private Views: The planting of vegetation, or allowing the growth of natural vegetationObstruction of Private Views: The planting of vegetation, or allowing the growth of natural vegetation, which will obstruct a private view established in accordance with this chapter is prohibited. The determination under this chapter that vegetation obstructs a private view shall be a determination that the obstruction is a nuisance within the meaning of California Civil Code section 3479.
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Apportionment of Costs: The view claimant and tree owner shall each pay fifty (50) percent of such costs in those cases involving any tree planted, or allowed to grow in its natural state by the tree owner, subsequent to the effective date of this chapter.
Committee Lead: Howard Neal, Phyllis Bishop.
Send Howard an e-mail .
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