Tiburon View Ordinance
Tiburon is a community renowned for its beautiful views, which is one of the main reasons so many people have chosen to call it home. In the mid-1970s, the Town of Tiburon established the original View Ordinance, a pioneering policy that many communities across the nation have since adopted. This ordinance emphasized the importance of preserving the views that residents enjoyed when they purchased their properties. It clearly stated that neighbors were responsible for maintaining each other’s view rights, particularly if trees, vegetation, or other structures on their property obstructed those views. This approach provided a clear allocation of responsibility and the associated costs.Having spent over 40 years negotiating and mediating view-related issues, I have seen firsthand how the original ordinance fostered a sense of community and mutual respect. Although the party responsible for the obstruction was typically liable for the costs of removing or trimming it, neighbors often showed consideration. When financial constraints were an issue, other concerned parties would step in to help cover costs. This spirit of cooperation encouraged property owners to think carefully about the impact of their plantings, not only on their own property but also on their neighbors, both now and in the future.
However, changes made to the ordinance have led to unintended consequences. The current ordinance does not designate responsibility to any party, leaving it to neighbors to resolve disputes and decide who should bear the costs. If they are unable to reach an agreement through discussion, mediation, or other means, the matter would have to be settled in civil court.
This shift has had devastating effects. Without a clear allocation of responsibility and cost, property owners with trees or foliage that obstruct views often feel no motivation to help preserve their neighbor’s rights. The custom has shifted from the responsible neighbor pruning their own trees to the people who want to restore their views paying for all the restoration work. As a result, the neighbor whose landscaping is blocking views has no motivation to think about the long-term effects of their plantings. In this modern age, with households having greater financial resources, disputes often lead directly to legal action. The threat of court battles—along with the associated time, expense, and stress—deters many from pursuing their view rights or leads to legal conflicts that turn neighbors into adversaries, burdening everyone with unnecessary costs.
I propose restoring the ordinance's language to provide a clear path for homeowners to follow, avoiding conflict and litigation. Amending the ordinance language is the first step. To be successful, the Town needs to take a proactive role in educating neighborhoods about the consequences of their landscape planting. Residents need to think 5, 10, or even 20 years ahead. While they can still plant whatever they wish, they must understand that they may need to prune or replace these plantings over time. I am personally on my third round of trees at my home that have grown, been cut down, and replaced.
Implementing this solution will require time spent meeting with neighborhoods and educating residents about the process. However, the long-term benefits of enhanced community cooperation and mutual respect make the effort worthwhile.
With my experience, diplomatic skills, and historical knowledge of the community, I am well-positioned to lead these initiatives and help Tiburon residents embrace a renewed spirit of collaboration.