A. Initial reconciliation: A person who believes that the operation of a wood burning appliance has created a smoke health hazard shall notify the wood burning appliance operator in writing, within 30 days of an occurrence of an alleged smoke health hazard. The letter of notification must include a description of the problem and a reference to this chapter. The notification should, if possible, be preceded by personal discussions to enable the complaining party and wood burning appliance operator to attempt to reach a mutually agreeable solution. Potential solutions may include: changing the frequency, duration, or timing of wood burning; using the wood burning appliance during certain weather conditions; or operating the wood burning appliance only when the complaining party is not at home.

B. Mediation: If an initial reconciliation attempt under subdivision (A) fails, the complaining party shall propose mediation, again in writing. The wood burning appliance operator may accept this proposal within 30 days. If the operator does not do so, the complaining party may file an action in Superior Court pursuant to subdivision (C) below. If mediation is elected, the parties shall mutually agree upon a mediator and split the costs thereof. If either party does not accept any City-subsidized mediation services that may be available, that party shall pay any additional costs for an alternate mutually agreeable mediator.

C. Binding arbitration: In those cases where the initial reconciliation process fails and where mediation has not resolved the dispute, the complaining party must offer to submit the dispute to binding arbitration and the operator may elect binding arbitration. The identity of the arbitrator shall be agreed upon by both the complaining party and the operator, who shall indicate such agreement in writing. The arbitrator shall follow the provisions of this chapter to reach a fair resolution of the complaint and shall submit a complete written report to the complaining party and the operator. This report shall include the arbitrator’s findings with respect to all standards listed in Section 15.16.040 and a list of all mandated remedial actions, with any appropriate conditions concerning such actions including a schedule by which mandates must be completed.

D. Litigation: In those cases where initial reconciliation and mediation fail, and binding arbitration is not elected, the complaining party may file an action in a court of competent jurisdiction for resolution of the smoke health hazard claim under the provisions of this chapter. The litigant must state in the lawsuit that arbitration was offered and not accepted. (Ord. 7063-NS § 1, 2008)