A. Solar Setback. No City department shall issue any development permit purporting to allow the erection of any structure in violation of the setback provisions of this chapter.
B. Solar Access Permit for Protection from Shading by Vegetation.
1. No person owning or in control of property shall allow vegetation to be placed or if placed to grow on such property in such a manner as to shade a solar energy system protected by a Solar Access Permit on the property of another unless the vegetation is specifically exempted by the permit or by this ordinance.
2. If vegetation is not trimmed as required or is permitted to grow contrary to a Solar Access Permit, the owner of property with a Solar Access Permit or the City, on complaint by such owner, shall give notice of the shading by certified mail, return receipt requested, to the owner of the property where the shading vegetation is located. If the property owner fails to remove the shading vegetation within 30 days after receiving this notice, an injunction may be issued upon complaint of the owner or the City by any court of jurisdiction. The injunction may order the owner to trim the vegetation, and the court shall order the violating owner to pay any damages to the complainant, to pay court costs, and to pay the complainant reasonable attorney's fees incurred during trial and/or appeal.
3. If personal jurisdiction cannot be obtained over either the offending property owner or lessee, the City may have a notice listing the property by owner, address, and legal description published once a week for four consecutive weeks in a newspaper of general circulation within the City, giving notice that vegetation located on the property is in violation of this ordinance and is subject to mandatory trimming. The City shall then have the power, pursuant to court order, to enter the property, trim or cause to have trimmed the shading parts of the vegetation, and add the costs of the trimming, court costs and other related costs as a lien against that property.
4. In addition to the above remedies, the shading vegetation is declared to be a public nuisance and may be abated through AMC Title 9.
5. Where the property owner contends that particular vegetation is exempt from trimming requirements, the burden of proof shall be on the property owner to show that an exemption applies to the particular vegetation.