The following are hereby declared violations pursuant to this chapter:
A. Any tree or shrub which harbors injurious pests or disease which reasonably may be expected to harm other trees or shrubs;
B. Any tree or shrub which obstructs the free passage of pedestrian or vehicular traffic or which significantly obstructs a streetlight or traffic control device;
C. Any tree or shrub or portion thereof which obstructs the view in the vision clearance triangle as defined in section 6-1-4 of this code and Idaho Code 49-221;
D. Any tree or shrub which, by reason of location or condition, constitutes an imminent danger to the health, safety, or welfare of the general public;
E. Planting an improper species of tree on public land in circumstances and location where physical conflict will result.
Right to inspect trees and shrubs suspected to be in violation of this chapter.
The city administrator or the administrator's designee shall have the authority to enter onto private property whereon there is reasonable cause to believe there is located a tree or shrub that is suspected to be a violation as defined herein. Entry onto private land will only occur after notification of the landowner and receipt of a grant of permission or if a warrant has been issued by a court of competent jurisdiction. The city administrator or the administrator's designee will make reasonable efforts to schedule a meeting with the private landowner or his or her representative to observe suspected violative trees or shrubs. The objective will be to seek a cooperative solution to any existing or potential violations.
It is unlawful and shall be an infraction to take action to prevent, delay, or otherwise interfere with the enforcement of the provisions of this chapter. The city may also initiate civil legal action to enforce provisions of this chapter.
The following are the prescribed means of abating violations under this chapter:
A. Any tree in violation of this chapter shall be pruned, removed, or otherwise treated in whatever fashion called for by the city administrator or the administrator's designee in accordance with the requirements of this chapter.
B. The city administrator or the administrator's designee shall cause a written notice of the violation and the need for its correction to be personally served or sent by certified mail, with return receipt requested, to the person listed as the owner of record of the property where the violation is located.
C. In the event the violation is not abated by the date specified in the notice, the city administrator or the administrator's designee is authorized to cause the abatement of said violation. In addition, the owner of the property on which the violation is located shall be subject to prosecution under this chapter or any other portion of this code or the Idaho Code. Nothing in this provision shall be construed to exempt any person from the requirement of obtaining proper authorization for actions affecting public trees required by this chapter. (Ord. 332, 12-16-2002)