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HomeMy WebLinkAboutORD 1876BILL NO. 40 ORDINANCE NO. 1876 AN ORDINANCE TO AMEND TITLE VIII, CHAPTER 10 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, PERTAINING TO DUTCH ELM DISEASE: 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 10 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 -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 been removed. 8 -10 -2: CITY FORESTER TO INSPECT: The ixa-rk r. City Forester hereinafter referred to as '°- Forester 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 purpose of inspecting trees thereon, and may remove such specimens as are required for purposes of analysis to determine whether or not the same are infected. It shall be unlawful for any person to prevent the Gupervkser Forester from entering on private property for purposes of carrying out his duties hereunder, or to interfere with such Superviser Forester in the lawful performance of his duties under the provisions of this Chapter. 8 -10 -3: ABATEMENT: (A) The Supervis Forester 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) When Dutch Elm disease is found to exist on trees on public property, the trees shall be removed as provided in Title 8, Chapter 2, Caldwell Municipal Code. (C) When a public nuisance is found to exist on private property, the Supervisor Forester 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 the following information: (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 Forester; and (d) If the required abatement action is not done within five ( 5 ) days of service of notice, the City w i l l abate the disease and assess the costs thereof against the property in accordance with the provisions of this Chapter. 2. Service of notice shall be deemed made: (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 unknown; and (c) On the last date of publication of said notice to abate. 3. Where the owner of said premises is a non - resident of the City, service of notice shall be made by publication once in a newspaper of general circulation in the City. The r_ =_ Forester shall also cause to 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 °__r= =: Forester and filed in the Office of the Clerk within (10 ) days after the mailing of such notice. Such affidavit of mailing of notice shall further state that the - Forester after diligent investigation and inquiry, was unable to ascertain and does not know the post office address of any other person appearing to have a direct legal interest in the said premises other than those to whom notice has been mailed in writing, those who have waived notice in writing, and those who have been personally served, and the affidavit shall list such owner or owners by name and legal description of the said premises. 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 Superinterident Forester Mailing of 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 Parks and Recreation Director or City Forester 8 -10 -4: DISEASED TREES ON PRIVATELY OWNED PROPERTY: 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 direction and supervision of the Forester 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 situated. If the owner fails, neglects or refuses to remove or destroy such tree, the Forester may, five ( 5 ) days after notice is served, enter upon such private property and cause the removal and destroying of the same. Such work shall be billed and paid at two hundred percent (200) of actual expense to the property owner involved. The court shall order payment to the City of the above cost as a condition of any probation granted in criminal proceeding. Failure of a defendant to day within the prescribed period may be enforced by the City within the courts. 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 Forester 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 publication once in a newspaper of general circulation in the City setting 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 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 Forester from entering on private property for purposes of carrying out his duties as prescribed in this Chapter or in any way interfering with the - Forester in the lawful performance of his duty are hereby declared to constitute a misdemeanor and punishable 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 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