Frequently Asked Questions

The City’s View Ordinance was adopted to provide residents and property owners a legal process to resolve these issues. The intention of the View Ordinance is to provide a framework that encourages view owners and foliage owners to work together to resolve issues amicably and civilly. Review the View Restoration process or View Preservation process to see which might be appropriate for your situation. If you have questions after reading these two sections, call the City Planning Hotline at 310-456-2489, extension 485.

The easiest way to differentiate between the Preservation process and Restoration process is by what photos are being used as evidence of the view: - If you have personal photos you want to use to show a foliage owner the view you had in the past and would like to “restore,” then you follow the View Restoration process. - If you obtained a Primary View Determination from the City to document your view, and this view has been impaired by the growth of trees and foliage, you would “preserve” your documented view through the View Preservation process. The View Preservation process also allows a party to obtain a View Preservation Permit, which can be enforced pursuant to the penalty provisions of MMC 17.45.080 or pursuant to a private right of action to require compliance with the permit. If, through such an action to enforce the permit, the terms of the permit cannot be reopened, the court will only decide whether there is a violation of the permit. View Restoration can only be enforced through a private right of action if the parties are unable to reach agreement. In such an action, an advisory opinion from the City can be considered by the court, and should be given deference, but it is not binding on the view issues.

Yes, the same procedure used to obtain the original Primary View Determination can be used to update the view determination. However, the viewing spot cannot be changed.

Unless otherwise agreed to by all parties, or required by an arbitration decision or court order, M.M.C. Section 17.45.130(C) states the view owner is responsible for the cost of restorative action (initial trimming or foliage removal needed to restore a view). The foliage owner is responsible for paying the costs of any subsequent maintenance of foliage.

If you and your neighbor have come to an agreement over the trimming or removal of trees or foliage, including future maintenance of the foliage, the agreement needs to be put into writing. Once an agreement has been reached, you (as the view owner/claimant) can apply for a View Preservation Permit from the Planning Director to memorialize the agreement for future use. (See Step 5 under View Preservation)

Yes, a View Preservation Permit will not be issued unless this process is followed.

To comply with the City's View Ordinance, the view owner is responsible for the initial trimming of trees and foliage. After the initial trimming, the foliage owner is responsible for ongoing maintenance of the foliage. If the foliage owner fails to comply with the permit, the foliage owner will be subject to the penalty provisions of MMC Section 17.45.080. The view owner may also initiate a civil action to enforce the terms of the permit.