11-10-20: ABATEMENT OF NUISANCES:
   A.   The city hereby declares the following actions, practices or objects to be a public nuisance:
      1.   Any living or standing private or public elm tree or part thereof infected with the Dutch elm disease fungus Ceratocystis ulmi (Buisman) or which harbors any of the elm bark beetles Scolytus multistriatus (Marsham) or Hylurgopinus rufipes (Eichhoff).
      2.   Any public or private dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material not buried, burned, sprayed with an effective elm bark beetle destroying insecticide, or from which the bark has not been removed.
      3.   The cultivation, maintenance or allowing to grow of any private or public tree which harbors any insect, disease or infestation by any living creature which poses a threat to the health or safety of any other public or private tree within the city or which poses a health or safety threat to any person or property.
      4.   Any public or private tree infested by any insect, pest or disease which is determined by the city forester to pose a threat to the health of any other public or private tree.
      5.   Any public or private tree, the roots of which are growing beneath a public sidewalk and which cause a public hazard to the safe and efficient pedestrian travel upon such sidewalk.
      6.   Any public tree planted, growing or maintained in violation of the provisions of this chapter.
   B.   Any person who fails to commence the abatement of any nuisance within ten (10) days after receiving written notice from the city, or who fails to diligently prosecute and complete the abatement of such nuisance within a reasonable time after the delivery of such notice, shall be guilty of a misdemeanor. Such notice shall be delivered to the owner or person in control of any property upon which such nuisance shall exist. Notice shall be deemed complete upon its deposit in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the last known address of such owner or person.
   C.   In the event any owner or person in control of private real property fails to abate such nuisance in accordance with the time frame set forth above, then the city may prevent, remove or abate such nuisance at the expense of such owner or person and may levy a special assessment against the property upon which such nuisance is located, in accordance with the provisions of Idaho Code section 50-334. (Ord. 2137, 10-6-2015, eff. 10-6-2015)