8-2-15: TREES, HEDGES AND SHRUBS OVERHANGING PUBLIC PROPERTY:
All owners or persons in control of private real property upon which a street tree, hedge or shrub is growing, shall remove or trim, at his or her expense, all limbs or foliage which overhang or project into any public street, sidewalk, alley or easement and which interfere with public travel or use of such public way or easement or which do not satisfy the clear view requirements of the zoning ordinance of the city. Street trees, hedges and shrubs shall be trimmed from the ground level to at least twelve feet (12') above any public street, public easement or alley, except truck thoroughfares which shall require a clearance of sixteen feet (16'), and to at least ten feet (10') above the curb and sidewalk. Hedges are permitted in any side or back yard to the height of six feet (6'); provided, on a corner lot nothing shall be planted or allowed to grow in any such manner as to materially impede vision between a height of three feet (3') and ten feet (10') above the centerline grades of the intersecting streets bounded by the property lines of the intersecting street of such corner lots on a line joining points along said property lines for a distance of thirty feet (30'). No hedge along the front edge of any front yard shall be over three feet (3') in height. All owners or persons in control of real property within the city of Lava Hot Springs, Idaho, shall remove or trim, at his or her expense, all trees, bushes and shrubs or other ornamental foliage on such property which overhang or project into any public street, sidewalk, alley or easement and which interfere with public travel or use of such public way or easement or which do not satisfy the clear view requirements of the zoning ordinance "clear view of intersecting streets and ways" of the city. Any such person who falls to comply with the provisions of this section within ten (10) days after receiving written notice from the Lava Hot Springs City Hall to do so shall be guilty of a misdemeanor, and any trees, hedges and shrubs not trimmed in accordance with this section may then be trimmed by the city and the expenses therefor may be charged to the persons or property owners who fail to comply with the provisions of this chapter. If a person fails to reimburse the city for the cost incurred within thirty (30) days after notice, the cost incurred by the city shall become an obligation owing the city against the property of the owner and assessed against the property in accordance with sections 50-334 and 50-1008, Idaho Code. (Ord. 2015-10, 12-10-2015)