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Home My WebLink AboutORD 1874BILL NO. 38 ORDINANCE NO. 1874 AN ORDINANCE TO AMEND TITLE VIII, CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, PERTAINING TO TREES: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED by the Mayor and Council of the City of Caldwell, Idaho, County of Canyon, State of Idaho: Section 1. That Title VIII, Chapter 2 of the Municipal Code of the City of Caldwell, County of Canyon, State of Idaho, shall be amended by adding and deleting certain language as follows: 8 -2 -1: TREES TO BE TRIMMED: Every person, company or corporation owning lots or parcels of land shall trim or cause to be trimmed all trees in front of the property so owned, and all trees shall be kept trimmed so that there will be eight feet (8 between the sidewalk and the lowest limbs extending over the sidewalk, and there shall be fourteen feet (14' ) from the street grade to the lowest limb extending over the street. 8 -2 -1A: 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 (3' ). PARKWAY OR PARKINGS: That portion of public right of way situated between the curb line of any street and the property line of property abutting and adjoining 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 of any kind. STREET: Highways, roads, alleys and bridges, dedicated, purchased or otherwise acquired for the public, including the unimproved or unused portion thereof, maintained and open to use by the public, including sidewalks, parkways and special tree planting easements adjacent to a street granted by property owners. SUPERVISeR! Park Supervise 8 -2 -2: CITY TO ACT IF OWNER FAILS: Whenever underbrush, bushes, stumps, where the same have become a nuisance as determined by City officials, and all obstructions are not removed as provided in this Chapter and trees trimmed as provided in this Chapter within ten (10) days after the date of notice given by the Meyeir City to do so is served upon the occupant or owner of the property, the City shall then, under the supervision of the Park — pervi -ser City Forester, remove such underbrush, bushes, stumps and all obstructions and trim trees as herein provided. 8 -2 -3: COSTS TO BE CHARGED AS--TA*Er6: , peFfeEmed and EepeE%ed by -him to the --G-a l i , and the dc� -�. -r$4 r��- -fm= e�� my five feet 2 €- i r - � of tha e-w a q- r=—ths ref to G a l y wit e pr-ev a ns e-4 thi term use e e em en ie s .tee ievied and assessed in the Be-affie manner- as ether ___.Z J;2a&_� -- _-s '�j�rl ared. a.matassed ared— S:I ageegament shall p3:aee the- same upen the - tai€ -Ve l l fer eelleetlen as r�cson„e rc,rrr�c+cc a tame- rh 3 col 3 ant tha Ra In the s manna= a n A c„ V% i 4- 1, - ame p enalties a s°-ether e2irty . Should the Cif cause removal and disposal of same or other items as often as necessary on lo l ands, or premises not in comp such work shal be bil and paid at two hundred percent (200 -W) of actua expense to the property owner invol The court sha order payment to the City of the above cost as a - -- -- - - - - - - -- - -- - - condition of any probation granted in a criminal --- - - - - -- -- - -- -- - -- - - - - -- proceeding Failure of a defendant to pay within the prescribed ep riod may be enforced b the City within the 8 -2 -4: SPECIFICATIONS FOR PLANTING: The r_____--, - - __ _ ___ City Forester is hereby empowered to make rules and regulations to govern planting of trees within the City. Said regulations shall govern specifications and placement for planting trees and restrictions on species of trees to be planted in the City. 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 failure or neglect of the property owners, within ten (10) days after written notice has been given by the Parks and Recreation Director to remove all such trees, shrubbery or flowers, or to trim or remove the roots, and to place such sidewalk in its proper position, the Pe-r-k City may remove the same and replace the sidewalk at its proper position and grade and the expense thereof shall be tra-el charged against the property in the same manner and procedure as in the case of the construction of the sidewalk in the first instance, emeepting that the same shall under the general supervision, in that power, and authority O t&t of the Engineer had 9veE the sidewalks ice the c_, f- i re- -s t - sti instan , and for the purpose of repairing, maintaining and the reconstructing of sidewalks. 8 -2 -6: DEAD TREES AND SHRUBS; REMOVAL OF: All dead trees, shrubbery and flowers in parkings of the City are hereby declared to be dangerous to the passing public and a nuisance to the public and shall be removed by the owner of the property, or in case of his failure to do so after a ten (10) day written notice has been given by -- ______ e PA -._ __ . -__- City Forester the City Forester shall remove the same and charge the expense thereof to the owner of the property the same shall have been removed, in the same manner as special rzaaamiants. the e n netiriieti en e f 94 - --ate in Section 8_2 -3. Any person or persons removing live or dead trees or shrubbery from the City parks or parking systems along the streets and alleys of the City shall dig the same out so that there shall be no stumps left and all main root systems shall be severed and the surface of the ground shall be left smooth. 8 -2 -7: TRIMMING OR REMOVAL OF TREES: It shall be unlawful for any person to trim, cut, prune or remove any trees on any public right of way without first obtaining a permit from the Park Super-Weer. Parks and Recreation Director or City Forester. No limbs shall be trimmed or cut from any tree on any public right of way which is larger than six inches (6 ") in diameter unless it is lower than the minimum height required by this chapter. Any person or persons removing live or dead trees or shrubbery from any public right of way shall dig the same out so that there shall be no stump left and all main root systems shall be severed twelve inches (12 ") below the ground surface and the surface of the ground restored such that it is smooth. 8 -2 -8: TREES ON PARKING: In case any person shall fail, neglect or refuse to trim trees along his property along the parkings, after notice to do so by the Park Supe v s City Forester or his agents has been given, then the City Forester may prune, trim, cut and remove any of such trees as may be proper. 8 -2 -9: INFESTED TREES, SHRUBS AND PLANTS: Any trees, shrubs, vines, or plants found infested with any disease, pests, worms, beetles, eggs or larvae of any pests, worms, beetles, or diseases are hereby declared to be a public nuisance. 8 -2 -10: OWNER OF INFESTED AREA: Every person owning lots or parcels of land upon which there may be plants, trees, shrubs, or vines, which are affected by infectious diseases, pests, worms, beetles, eggs and /or larvae shall eradicate or destroy or abate any such infectious diseases, pests, worms, beetles, eggs and /or larvae. 8 -2 -11: 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, or abate the same within five (5) days after the date of notice given by the Mayor to do so, published in one issue of the official paper of the City, then the City, under the supervision of the Sepervise Forester, 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. If the Mayor declares the condition to be an emergency requiring immediate attention he may direct the Forester to proceed at once to exterminate, eradicate, destroy, remove, or abate the same without further notice. 8 -2 -12: 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 Superviser Forester as herein provided, the cost of 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 L - �S reel --®r esseesed Section 8 -2 -3. 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 maybe waived by the City in cases of severe financial hardship. In said cases, the Bps Forester shall petition the Council for authority to eradicate, destroy, remove or abate said condition at City expense. If the Council grants approval of said petition, the Forester shall thereafter proceed to eradicate, destroy, remove or abate said condition at City expense. 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 CITY COUNCIL of the City of Caldwell this 15 day of October , 1990. APPROVED BY THE MAYOR of the City of Caldwell this 15 day of October , 1990. ATTEST: City Clerk