A. Declared Public Nuisances: The following are hereby declared public nuisances under this chapter:
1. Any tree or part thereof (public or private) which, by reason of location or condition, constitutes a hazard to public safety as determined by the City Forester;
2. Any tree or part thereof (on public or private property) which obstructs the free passage of pedestrian or vehicular traffic or which obstructs public streetlighting;
3. Any tree or alternate host plant or part thereof (on public or private property) which harbors pests which reasonably may be expected to injure or harm public trees. This includes any standing elm tree infected to any degree 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. (1952 Code § 9-16-13)
B. Abatement Of Public Nuisances: The following are the prescribed means of abating public nuisances under this chapter:
1. Any tree or alternate host plant or part thereof (public or private) declared to be a public nuisance as set forth in subsection A of this section shall be pruned, removed or otherwise treated in accordance with the requirements of this chapter. Except for removal of trees from public rights-of- way, all costs for nuisance abatement are the responsibility of the adjacent property owner;
2. The City Forester may cause a written notice to be personally served or sent by mail to the owner of the particular property;
3. In the event the nuisance is not abated by the date specified in the notice, the City Forester is authorized to cause the abatement of said nuisance. The reasonable cost of such abatement may be charged to the subject property owner. Monies which have not been recovered through the City bill collection procedures may result in a lien against the property or assessed on taxes as provided for in Idaho Code title 50. In addition, the owner of the property upon which the nuisance is located may be subject to prosecution under this chapter, or any other chapter of this Code, or the Idaho Code for maintaining a public nuisance. Nothing in this provision shall be construed to exempt any person from the requirement of obtaining permits under section 7-2-9 of this chapter;
4. The City Forester is empowered to cause the immediate abatement of any nuisance if it is determined by the City Forester to be an emergency or immediate hazard to public safety;
5. If the City Forester determines that disposal of the wood, branches and soil from removal or pruning of a nuisance tree is required to complete abatement, such disposal shall be done as required by the City Forester. All costs associated with the disposal of material from private trees shall be the responsibility of the property owner. (1952 Code § 9-16-14)