The following are the prescribed means of abating public nuisances under this chapter:
A. Any tree or alternate host plant or part thereof (public or private) declared to be a public nuisance as set forth in section 8.60.070 of this chapter shall be pruned, removed, or otherwise treated in accordance with the requirements of this chapter. All costs for nuisance abatement are the responsibility of the property owner (private trees) or adjoining property owner (public trees).
B. The City may cause a written notice to be personally served or sent by mail to the owner of the particular property.
C. In the event the nuisance is not abated by the date specified in the notice, the City 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 property owner 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.
D. The City is empowered to cause the immediate abatement of any nuisance if it is determined to be an emergency or immediate hazard to public safety.
E. If the City 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. All costs associated with the disposal of material from trees shall be the responsibility of the property owner (private trees) or the adjoining property owner (public trees).
F. No tree growing near a sidewalk or path shall be cut down or removed solely because of the interference it causes or may cause with a sidewalk, unless the City in coordination with the City Engineer finds that the sidewalk cannot reasonably be reconstructed without removal of the tree. When feasible, sidewalks shall be reconstructed around trees so that trees are not removed solely to facilitate construction of sidewalks. The cost for the reconstruction of the sidewalk shall be the responsibility of the property owner (private trees) or the adjoining property owner (public trees). (Ord. 792, 2019)