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The following are hereby declared public nuisances:
(1) Any tree, shrub or other plant, which by reason of location or condition constitutes an imminent danger to the health, safety or welfare of the general public; harbors pathogens or injurious insects which reasonably may be expected to injure or harm other trees or shrubs; obstructs the free passage of pedestrian or vehicular traffic or obstructs a streetlight or traffic control device; and/or obstructs the view in the vision triangle, including alley trees that fall in the public nuisance section. Also, the roots of any tree or shrub that interferes with or causes the surface of the street, curb or sidewalk in public right of way to be upheaved or disturbed.
(2) Any tree suspected of having Dutch elm disease or 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.
(3) The city's agents have the authority to enter onto private property where there is reasonable cause to believe that there is a tree, shrub or other plant located there that is a public nuisance; furthermore, said agents have the authority to reasonably mark said tree, shrub or other plant for ease of identification.
(4) Any public or private tree infected by an insect, pest or disease which is determined by the City Forester to pose a health threat to any other public or private tree. An example is sudden oak death disease.
(Ord. 3252, 3-16-2020)
(1) Any public nuisance as designated within this section located on either city owned or private property or public right of way shall be abated in a technique as approved by the City Forester and in accordance with the abatement process outlined in section 10-08-10 of this code and Chapter 7, Article 11, of the Caldwell City Code.
(2) Public Nuisance Considered An Immediate Threat: The City Forester or the Planning and Zoning Director or his/her authorized designee is empowered to cause the immediate abatement of any public nuisance as designated within this section determined to be a threat to any person or property.
(3) 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. All costs associated with the disposal of material from the public right of way shall be the responsibility of the property owner.
(Ord. 3252, 3-16-2020)
It is unlawful for any person to:
(1) Damage, mutilate or destroy any public tree or shrub.
(2) Store or place, or cause to be stored or placed, oil, gasoline, chemicals (such as herbicides), and other materials which are harmful to trees and shrubs around or near public trees, shrubs and other vegetation.
(3) Attach a potentially harmful device or structure (such as a tree house or sign) to a public tree unless otherwise authorized by the City Forester.
(4) Spill or dump substances, whether liquid or solid, which are toxic to persons, animals, trees, shrubs and vegetative matter.
(5) Make excavations in the soil within the tree's root zone, from the trunk to the edge of the dripline.
(6) Damage a public tree by the practice of "topping", except trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempt from this provision based on the City Forester's determination.
(7) Compensatory Payments: In the event any person removes, destroys or damages any public tree except as otherwise required by law, that person shall be required to replace such tree with a tree(s) of equivalent dollar value on public property, unless otherwise determined by the City Forester. The value of a tree shall be determined by the city forester in accordance with accepted plant appraisal methods as set forth in the 9th edition or most current edition of The Guide for Plant Appraisal, published by the International Society of Arboriculture or the same as amended from time to time.
If no suitable location exists in the vicinity of the tree removed or if the replacement tree(s) is of lesser value, the person causing the tree to be removed shall make a compensatory payment to the City of Caldwell equal to the difference in value between the tree removed and any replacement tree(s).
Any public tree that is determined by the City Forester to be damaged, but not sufficiently to justify its removal, shall be considered to be devalued. The amount of devaluation shall be paid to the city by the person causing the damage. Compensatory payments shall be paid into a fund established for that purpose and restricted to use for the community forestry programs. Nothing in this article shall prohibit the City of Caldwell from negotiating agreements with other governmental entities regarding penalties and compensatory payment for removal, damage or destruction of public trees.
(Ord. 3252, 3-16-2020)
(1) License Required: It is unlawful for any person to engage in the business of planting, pruning, or removal of a public tree or shrub for a fee without being licensed and certified as required by this section.
(2) Arborist Contractor's License: Any person engaged in the arborist business for fee shall obtain a license from the City Forester. The license stipulates that the contractor, or one or more employees, be certified, and the certified individual(s) be on the site when arboricultural practices are being done. It is required that the contractor's insurance extend to all employees while they are conducting arborist work within city limits.
(3) Arborist Certification: An arborist certification is required of any individual who personally performs arboricultural services or procedures allowed under this section for a fee, unless that person is working under the direct supervision of a certified arborist. The City Forester shall approve or deny the applicant's permit based upon the possession of a valid arborist certification. The arborist certification is acquired through the International Society of Arboriculture testing program or other certification process acceptable to the City Forester. The applicant shall submit to an examination of his or her practical skills at the discretion of the City Forester in accordance with ANSI A300 standards.
A. License Application Procedures:
1. Application for License: Application for an arborist contractor's license shall be sought from the City Forester on a city form and accompanied by proof of an appropriate liability and workman's compensation insurance when applicable. The City Forester shall approve or deny the application within seven (7) days, based upon the following criteria:
(A) The applicant has not been convicted of a violation of this section within the preceding two (2) years.
(B) The applicant shows proof that he or she has obtained a valid arborist certification, or that the applicant is currently employing a holder of a valid arborist certification.
2. Denial of License: The City Forester may deny or revoke a license application if the applicant's arboricultural practices are inconsistent with ANSI A300 or ISA standards.
3. License or Certification Issuance: The City Forester shall forward the approved arborist license and certification to the City Clerk, who shall issue the license to the applicant upon payment of a fee as set by resolution of the Caldwell City Council.
B. License Terms and Renewal: The arborist contractor's license and certification shall be valid for the calendar year in which it was issued and will expire on December 31.
1. Filing A Renewed Application With The City Forester: The applicant may renew the arborist contractor's license upon showing proof of and workman's compensation insurance when applicable, a current arborist certification and payment of the appropriate fees.
2. Valid Certification Mandatory: The arborist certification period of validation must coincide with the contractor license period of validation.
C. License Fees: License fees shall be established by resolution of the Caldwell City Council.
D. License Insurance Coverage: Applications for an arborist contractor's license shall be accompanied by proof of insurance acceptable to the City Forester showing the applicant has a policy of liability and property damage listing the City of Caldwell as an additional insured. Workman's compensation insurance with policy limits equal to or greater than the minimum designated by council resolution, which complies with requirements set forth in Idaho Code Title 6, Chapter 9. The policy is to remain in full force and effect during the term of the license. Compliance with OSHA regulations.
(Ord. 3252, 3-16-2020)
All licensees shall be responsible for ensuring that the work performed is in compliance with the provisions of this section. All licensees shall:
(1) Utilize safety measures and equipment to protect workers and the public as prescribed by law and ANSI A300 standards.
(2) Obtain required permits for tree and shrub removal.
(3) Comply with all applicable city, county, state and federal laws.
(4) Comply with the city's specifications and ANSI A300 standards for tree planting, pruning, removal, root pruning and cultural maintenance practices; including dead limbs that are considered a public nuisance.
(5) The branches of public and private trees and shrubs that overhang sidewalks and/or unimproved right of way must be pruned to provide ten feet (10') of vertical clearance. Tree branches of either public or private trees that overhang the street must be pruned to provide fourteen feet (14') of vertical clearance. Should either a public or private tree or shrub be out of compliance with either the ten foot (10') sidewalk vertical clearance or the fourteen foot (14') street vertical clearance such that a safety hazard is presented or any type of utility or street maintenance is impeded; the limbs must be pruned to meet these clearances.
(6) License Transfer or Refund: Licenses granted pursuant to this section shall not be transferable, nor shall any license be refundable.
(7) License Suspension/Revocation: The City Forester may suspend or revoke any license when the licensee commits one or more of the following acts:
A. Violation of any provision of this section.
B. Knowingly conspiring with another person to permit one's license or certification to be used by such other person unless employed by the licensee.
C. Acting as an agent, partner, and associate or in any other capacity with another person in an attempt to evade the provisions of this article.
(8) Appeal Procedures: When a license is suspended, revoked, or denied, the applicant may appeal that action according to the provisions outlined in this section.
A. Such appeal shall be filed in writing with a fee set by the City Council and submitted to the Director of Planning and Zoning within ten (10) days from the date of notification by the City Forester's ruling.
B. The appeal shall be heard by the City Council and the appellant shall be delayed until the decision is rendered. The decision of the City Council shall be final.
(Ord. 3252, 3-16-2020)
(1) General Procedures: Individuals and for fee licensees shall abide by the following permit procedures:
A. There shall be no charge for a tree or shrub planting or removal permit.
B. Each application for a planting permit shall designate the species and variety of public tree proposed prior to issuance of a permit. The City Forester shall designate the location of the planting.
C. In addition to a tree work permit, a right of way permit as obtained from the City Engineering Department may be required for any work that will impact the free and full use of any street or alley. Should a tree be planted in conflict with the provisions of this code, it shall be lawful for the City Forester to remove or cause the removal of same. The cost to remove may be charged to the person responsible for the planting. In addition to obtaining a permit, individuals must call Digline at (208) 342-1585 before planting or removal.
D. Upon inspection the City Forester may issue a permit, if required, and impose such terms and conditions as may be appropriate and necessary under the specific circumstances of the work.
(2) Permit Application Procedures:
A. Planting, Pruning, Trimming, disease/pest abatement, or Removal: Application for a permit to do public tree work consisting of planting, pruning, trimming, root pruning, disease/pest abatement or removal shall be submitted on a form supplied by the City Forester. Refer to section 10-08-18 of this code for the recommended tree list and section 10-08-20 for the not to be planted in right of way.
B. Tree Topping: A special permit is required from the City Forester for tree topping.
(Ord. 3252, 3-16-2020)
Damage or destruction of a public tree or shrub by any person, except as lawfully stated herein shall cause said tree or shrub to be replaced according to the tree mitigation standards noted in section 10-08-16.
(1) Intentional interference with the City Forester in the performance of his or her duties is unlawful and is a misdemeanor, punishable pursuant to this code and Idaho Code.
(2) Failure to perform tree services in compliance with accepted and established arboricultural standards and specifications guide of the city shall be a misdemeanor. Any person(s) convicted of a violation of this subsection shall be fined pursuant to this code and Idaho Code.
(3) Failure to comply with the permitting and licensing provisions of this article shall be a misdemeanor. Any person(s) convicted of a violation of this subsection shall be fined not to exceed three hundred dollars ($300) or be imprisoned in the Canyon County Jail for a period not to exceed six (6) months or by both such fine and imprisonment, pursuant to this code and Idaho Code.
(4) In addition to any criminal penalties that may be imposed, the city may pursue civil penalties and restitution for actual damages as set for in this code.
(Ord. 3252, 3-16-2020)
(1) Tree Retainage Credit: Trees retained as part of a development may count toward the required landscape, provided the tree(s) intended for retainage are not prohibited within the subject area. No credit shall be provided for trees retained in rights of way nor may any tree located there be removed as part of a development pursuit without prior city approval. Trees prohibited by this article may remain as part of a development/redevelopment process without credit. Primary consideration for what species of trees to remain would be; are they listed as suitable for growing indicated in the Tree Selection Guide.
(2) Tree Preservation Credit: The planning and zoning department, in cooperation with the City Forester, may allow the development's required number of parking spaces to be reduced by up to fifteen percent (15%) to accommodate the preservation of existing trees with a caliper of four inches (4") or greater. Parking space reduction credit must correlate to the number of trees salvaged by that process. Parking space requirements are quantified according to the type of land use listed in the Caldwell zoning ordinance. A request for parking space reduction must be made in writing to the planning and zoning department at the time of parking/landscaping plan submittal.
(3) Tree Replacement Process (Mitigation): Any tree four inches (4") or greater in caliper that is removed during development shall be replaced with a one and one-half inch (1 ½ ") to three inch (3") caliper tree, rated as a #1 quality tree and as verified by the City Forester. Selection of what species to replace will come from the Tree Selection Guide. If there is not enough room on the subject site to replace the caliper inch of trees that were removed, the developer will contribute a dollar amount equal to the corresponding caliper inch of trees to a Tree Bank for future tree planting. The city may choose which park, cemetery, or site most in need of trees.
(4) Exceptions:
A. If the tree is removed because it poses a health or safety hazard, the tree will not need to be replaced, provided the City Forester determines a replacement tree installed at the same location poses a similar risk.
B. Trees required to be removed by another governmental agency of jurisdiction need no mitigation. The applicant will need to provide information to substantiate another agency's tree removal requirement.
C. The removal of a tree regardless of circumstances need only be replaced with equivalent to a no less than one and one-half inch (1½ ") to three inch (3") caliper tree, rated as a #1 quality tree and as verified by the City Forester.
(Ord. 3252, 3-16-2020)
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