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Home My WebLink AboutORD 1403BILL 35 ORDINANCE NO. 1403 BY Councilwoman Bauman AN ORDINANCE AMENDING CHAPTER 2, TITLE 8 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, REGULATING TREES BY PROVIDING DEFINITIONS; DELETING REFERENCE TO CITY ENGINEER AND SUBSTITUTING THEREFORE PARK SUPERINTENDENT; DELETING REFERENCE TO FIRE LIMITS OF THE CITY; DELETING PROVISION FOR SPECIFICATIONS OF TREES AND RESTRICTION ON SPECIES OF TREES; PROVIDING FOR RULES AND REGULATIONS; PROVIDING THAT IN CASE OF EXTREME FINANCIAL HARD- SHIP THE COUNCIL MAY ORDER REMOVAL, TREATMENT OR TRIMMING OF TREES, PLANTS, VINES OR SHRUBS ON PARKWAYS OR PRIVATE PROPERTY AT NO EX- PENSE TO THE PROPERTY OWNER; PROVIDING EFFECTIVE DATE; REPEALING ALL LAWS INCONSISTENT HEREWITH. 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 the following: &;2-1 A: DEFINITIONS: For the purpose of this Chapter the following words shall have the following meanings: TREES: All trees, plants and shrubs which upon maturity grow to a height of more than three feet PARKWAY OR PARKINGS: That portion of public right cf -way situated between the curb line of any street and the property line of property abutting and ad- joining any street. In the absence of a curb, the curb line of a street shall be deemed to be the edge of that portion of public right -of -way maintained and open to the use of the public for purposes of vehicular travel. PERSON: Any person, firm, partnership, corporation, association, company or organization cif any kind. STREET: Highways, roads, alleys and bridges, dedicated, purchased or otherwise acquired for the public, includ- ing the unimproved or unused portion thereof, maintained ORDINANCE - 1 0 0 and open to use by the public, including sidewalks, parkways and special tree planting easements adjacent to a street granted by property owners. SUPERINTENDENT: Superintendent of Parks. SECTION 2: That Section 3, Chapter 2, Title 8 of the Municipal Code of the City of Caldwell, Canyon County, Idaho be amended to read as follows: 8 -2.-3: COSTS TO BE CHARGED AS TAXES: Whenever any underbrush, bushes, stumps or any obstruction is removed or trees trimmed by the City, as provided in this Chapter, the cost of removing same and trimming trees as herein pro- vided shall be estimated and apportioned by the R.igiiaeep Superintendent, to the number of feet of the lot or lots in front, alongside or back of which such labor is per- formed and reported by him to the Council, and the cost of such labor shall be levied and assessed by the Council in proportion to such frontage against the property so facing or abutting upon such street or alley. It is further provided that a penalty of one dollar ($1.00) for each twenty -five feet (251) of such frontage shall be charged against said property on failure of the owners thereof to comply with the provisions of this Chapter. Such assessment shall be levied and assessed in the same manner as other City taxes are levied and assessed and such assessment together with the said penalty shall be certified by the Clerk to the County Assessor and Tax Collector, who shall place the same upon the tax roll for collection as a special tax in addition to the taxes for general revenue purposes and shall collect the same in the same manner and subject to the same penalties as other City taxes. ORDINANCE - 2 SECTION 3: That Section 4, Chapter 2, Title 8 of the Municipal Code of the City of Caldwell, Canyon County, Idaho be amended to read as follows: 8 -2 -4: SPECIFICATIONS FOR PLANTING: All trees plaeted tR th parh4!ags aleeg the streets aed alleys of the 91tY shall be planted }e the meddle e€ the park4age between the s"ewalk anal the euirb and the 414-staaee between said trees shall be net less than thirty Beet k3® -t4: Ne gees or shrubbery shall be ptaeted wtlthln twenty* Beet (2914 d- etanee e€ aRY 94-pe hyelpantT and all treesT glewere and shrubbery shall be planted at least tweRtY €eet k2014 green the Intepeeet }ens - eg afty stFeet and ee treesT gloaters eF shrubbery shall be planted be4ween the s4d'awalhs where the sheets meet or -�ntereeet: The Superintendent is hereby empowered to make rules and regulations to govern planting of trees within the City. Said regulations shall govern specifications and place- ment for planting trees and restrictions on species of trees to be planted in the City. SECTION 4: That Section 5, Chapter 2, Title 8 of the Municipal Code of the City of Caldwell be amended to read as follows: 8�)2 -5: INTERFERING WITH SIDEWALKS: All trees, shrubbery or flowers growing close to the sidewalk so that the same shall raise or cause a disconnection in the sidewalk, shall be removed or the roots trimmed by the property owner so as to permit the sidewalk to be replaced and maintained so as to retain its proper position and grade, and in case of the ORDINANCE - 3 failure or neglect of the property owner, within ten (10) days after written notice has been given by the Superintendent of Parks to remove all such trees, shrubbery or flowers, or to trim or remove the roots, and to place such side- walk in its proper position, the Superintendent of Parks may remove the same and replace the sidewalk at its proper position and grade and the expense thereof shall be taxed against the property in the same manner and procedure as in the case of the construction of the sidewalk in the first instance, excepting that the same shall be under the general supervistonof the Superintendent of Parks in that respect shall have the same power and authority that the Engineer had over the sidewalks in the construction of the same in the first instance, and for the purpose of repairing, maintaining and the reconstructing of sidewalks, eqieept -ie.g that they Shall lave -e® w}th-�R the beuRda -F-iee e9 the F4,ve LIM14e e€ the 91t5ry SECTION 5t That Section 9 Chapter 2, Title 8 of the Municipal Code, City of Caldwell, Canyon County, Idaho be repealed. SECTION 6: That Section 12, Chapter 2, Title 8 of the Municipal Code of the City of Caldwell, Canyon County, Idaho be amended to read as follows: 8- -2 -12: RIGHT OF CITY TO DESTROY: Any person owning lots or parcels of land within the City on which there is planted and growing plants, trees, shrubs, or vines shall have exterminated or caused to be exterminated said diseases, pests, worms, beetles, eggs and /or larvae, which are injurious to any of such trees, vines, shrubs, or plants. If any person shall fail or neglect to eradicate, destroy, ORDINANCE - 4 or abate the same within five (5) days after notice given by the Mayor to do so, published in one (1) issue of the official paper of the City, then the City, under the supervision of the gmg }aeev Superintendent,. shall proceed to exterminate, eradicate, destroy, remove, or abate such diseases, pests, worms, beetles, eggs and /or larvae of any pests, worms, beetles, or diseases. Of if the Mayor declares the condition to be an emergency requiring immediate attention he may direct the Eiqg-:�eeep Superintendent to proceed at once to exterminate, eradicate, destroy, remove, or abate the same without further notice. SECTION 7: That Section 13, Chapter 2, Title 8 of the Municipal Code, City of Caldwell, Canyon County, Idaho be amended to read as follows: 8- -2 -13: COSTS TO BE CHARGED AGAINST PROPERTY: Whenever any such diseases, pests, worms, beetles, eggs and /or larvae of any pests, worms, beetles, or diseases infecting any trees, vines, shrubbery, or plants shall have been eradicated, destroyed, removed or abated by the Eng -leeee Superintendent as herein provided, the cost for labor and material for the eradication, destruction, removal or abatement of such diseases, or pests, worms, beetles, eggs and /or larvae shall be levied and assessed by the Council against and upon such property and shall be levied and assessed in the same manner as other City taxes are levied or assessed. In the event costs are incurred for labor and /or materials expended on parkings, said costs shall be levied and assessed upon the owner of the property abutting and adjoining said parkings, Provided, however, that any such costs may be waived by the City in cases of severe financial hardship. In said cases the Superintendent shall petition the Council for authority to eradicate, I ORDINANCE - 5 destroy, remove or abate said condition at City expense. If the Council grants approval of said petition, the Superintendent shall thereafter proceed to eradicate, destroy, remove or abate said condition at City expense. SECTION 8. That Section 2, Chapter 2, Title 8 of the Municipal Code of the City of Caldwell, Canyon County, Idaho, be amended to read as follows: 8 -2 -2: CITY TO ACT IF OWNER FAILS: Whenever underbrush, bushes, stumps, where the same have become obnoxious, and all obstructions are not removed as provided in this Chapter and trees trimmed as provided in this Chapter within ten (10) days after notice given by the Mayor to do so, published in one (1) issue of the official paper of the City, the City shall then, under the supervision of the ERg -rReer Superintendent, remove such underbrush, bushes, stumps and all obstructions and trim trees as herein provided. SECTION 9: All ordinances or parts of ordinances in- consistent herewith are hereby repealed. SECTION 10: This ordinance shall be in full force and effect from and after its passage, approval, and pub- lication according to law. PASSED BY THE COUNCIL of the City of Caldwell this 21st day of December 1976. APPROVED BY THE MAYOR 6f the City of Caldwell this 21st day of December 1976. M f \ r MAYOR ATTEST: CITY CLERK ORDINANCE - 6