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 8-4-8 of this chapter shall be pruned, removed or otherwise treated in accordance with the requirements of this chapter. Costs for nuisance abatement are the responsibility of the adjacent property owner of a street tree or the property owner of a "private tree" as defined in section 8-4-3 of this chapter.
(B) The tree commission 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 tree commission is authorized to cause the abatement of said nuisance without further notice. The reasonable cost of such abatement will 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 8-4-6 of this chapter.
(D) The tree commission is empowered to cause the immediate abatement of any nuisance if it is determined by the tree commission to be an emergency or immediate hazard to public safety.
(E) If the tree commission 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 tree commission. Costs associated with the disposal of material from private trees shall be the responsibility of the property owner. (Ord. 2791, 7-6-2004)