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Home My WebLink AboutORD 1402BILL N0. 34 ORDINANCE NO. 140 BY Councilwoman Bauman AN ORDINANCE AMENDING TITLE 8, OF THE MUNICIPAL CODE, CALDWELL, CANYON COUNTY, IDAHO BY ADDING A CHAPTER TO BE KNOWN AND DESIGNATED AS CHAPTER 10, TITLE 8, PROVIDING FOR REGULATION OF DUTCH ELM DISEASE; DECLARING PUBLIC NUISANCE; PROVIDING FOR INSPECTION; PROVIDING FOR ABATE- MENT; PROVIDING FOR SPRAYING AND TREATMENT; PROVIDING REMEDIES; PROVIDING NOTICE; REPEALING ALL LAWS INCONSISTENT HEREWITH; PROVIDING FOR EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO: SECTION 1. That Title 8 of the Municipal Code of the City of Caldwell, Canyon County, Idaho be amended by adding a chapter to be known and designated as Chapter 10 which said Chapter 10 shall read as follows: 8 -10 -1: DECLARED A PUBLIC NUISANCE: As used in this Chapter "public nuisance" means Dutch Elm disease, fungus organisms known by the scientific names of Graphium ulmi, Ceratostomella ulmi and /or Ceratocystis ulmi, elm bark beetles, Scolytus multistriatus or Hylurgopinus rufipes, any standing elm tree infected with Dutch Elm disease or which harbors elm bark beetles, and any dead elm tree or part thereof, including logs, stumps, or other elm material from which the bark has not been removed. 8 -10 -2: PARK SUPERINTENDENT TO INSPECT: The Park Superintendent hereinafter referred to as Superintendent shall enforce the provisions for the control of Dutch Elm disease, and to that end he or his representative may enter upon private property at all reasonable hours for the pur- pose of inspecting trees thereon, and may remove such ORDINANCE - 1 u n u 0 specimens as are required for purposes of analysis to determine whether or not the same are infected. It shall be unlawful for an y p erson to prevent the Superintendent f rom entering on private property for purposes of carrying out his duties hereunder, or to interfere with such Superintendent in the lawful performance of his duties under the provisions of this Chapter. 8 -10 -3 ABATEMENT: (A) The Superintendent is hereby empowered to order, direct and control abatement of Dutch Elm Disease by spraying, pruning, removing and destroying elm trees or take other means he considers necessary to so abate. (B) W hen Dutch Elm disease is found to exist on trees on ,public property, the trees shall be removed as pro- vided in Title 8, Chapter 2,,Caldwell Municipal Code. (C) When a public nuisance is found to exist on private property, the Superintendent shall immediately serve written notice upon the owner, or if unknown, upon the occupant or person having the care, custody and control of said property, of the existence and nature, of the nuisance 1. Said notice to abate Dutch Elm Disease shall contain t he following informationz (a) The nature and extent of the existence of such disease; (b) The abatement action necessary to control such disease; (c) Any required abatement action must be under the direction and supervision of the Superintendent; and ORDINANCE 2 0 (d) If the required abatement action is not done within five (5) days of service of notice, the City will abate the disease and assess the costs thereof against the property in accordance with the provisions of this Chapter. 2. Se of notice shall be deemed madet (a) When a copy of said notice to abate has been personally served upon the owner of the property, or upon a person over eighteen (18) years of age then residing with the said owner, or upon the agent of the owner authorized by appointment to receive service of process; (b) When a copy of said notice to abate has-been served upon the occupant or person having the care, custody and control of property, if the owner is un- known; and (c) On the last date of publication of said notice to abate, 3. W here the owner of said premises i s a no -- resident of the City, service of notice shall be made by publi- cation once in a newspaper of general circulation in the City. The Superintendent shall also cause t be served by the United States mail, within five (5) days after the last date of publication of such notice, a copy of such published notice upon the owner or owners of record of the said premises at his or their last known address. Proof by affidavit of mailing of such notice shall be made by the Superintendent and filed in the office of the Clerk within ten (10) days after ORDINANCE - 3 the mailing of such notice. Such affidavit of mailing of notice shall further state that the Superintendent, after diligent investigation and inquiry, was unable to ascertain and does not know the post office address of any other person appearing to h a di r e ct legal i n- terest in the said premises o th those to whom notice has been mailed in wr tho who have waived notice in writing, and those who h ave be pe rsona l ly served, and the affidavit shall list such owner or owners by name and legal description of the said pre- mi ses. Upon the filing of such affidavit, the published notice hereinbefore referred to shall be construed as constructive notice to such owner or owners set forth in the affidavit of the Super M ailing o notice may be waived in writing by any competent person. (D) All removal work on elm trees on private property requires a permit from the Superintendent. 8 -10 -4 DISEASED TREES ON PRIVATELY OWNED PROPE After notice has been served in the manner provided by Title 8, Chapter 2 , upon the owner of the premises, it shall thereupon become the duty of the owner, or his agent, or occupant or person having custody and control of the property to cause such tree to be removed and destroyed, under the direc and super vi s ion of the Superintendent. In lieu thereof, the person charged with such removal and destruction may enter into an agreement with the City that such work be accomplished by the City at the owner's expense and the expense and any interest shall be, and are hereby declared to be, a lien upon such property whereon such tree was situate. If the owner fails, neglects or refuses to remove or destroy such ORDINANCE - 4 0 0 tree, the Superintendent may,, five (5) days after notice is served, enter upon such private property and cause the removal and destroying of the same, and the cost thereof shall be assessed against the property in the manner here- inbefore provided. 8-10-5: SPRAYING AND/OR TREATING DUTCH ELM DISEASE: (A) Whenever an elm tree is found to be infected with Dutch Elm disease, the Superintendent may order all elms within a radius of one thousand feet (1,000 to be sprayed ,and/or treated after first giving public notice by Lub- lication once in a newspaper of general circulation in the City, settinx forth the area to be sprayed and/or treated and the time said spraying and/or treating is to be done, at least twenty four (24) hours before spraying and/or treating is to begin. He shall also notify the Chief of Police to restrict parking in the affected areas. (B) When such notice has been given, and parking restrictions placed in effect, the City shall not allow any claim for damage caused by spraying and/or treating to any vehicle, 8-10 -6: REMEDIES AND PENALTY: The remedies and penalty against a public nuisance are: (A) Abatement, as provided by 8-10-3 of this Chapter; and (B) Prosecution for a misdemeanor, and a violation of any provision of this Chapter, the failure of a private property owner to remove any tree constituting a public nuisance as defined by Section 8-10-1 of this Chapter, and the prevention or the attempt to prevent the Superintendent from entering on private property for purposes of carrying out his duties as prescribed in this Chapter, or in any way interfering with ORDINANCE - 5 the Superintendent in the lawful performance of his duty are hereby declared to constitute a mi and punish- able as such. SECTION 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and after its passage, approval, and publication according to law. PASSED BY THE COUNCIL of the City of Caldwell this 16th day of November 1976. APPROVED BY THE MAYOR of the City of Caldwell this 16th day of November 1976• MAYOR ATTESTS CITY CLERK ORDINANCE - 6