Chapter 35.5
VEGETATION

Art. I.    In General, §§ 35.5-135.5-15

Art. II.    Trees and Shrubbery, §§ 35.5-1635.5-27

ARTICLE I. IN GENERAL

Sec. 35.5-1. Compliance with tree pruning practices.

All action ordered to be taken by the director of public works under this chapter shall conform with the tree pruning practices approved by the city. (Ord. No. 3776, § 3, 7-1-85)

Cross references – Tree pruner’s license, § 21-199 et seq.; street trees, § 26-39 et seq.

Secs. 35.5-235.5-15. Reserved.

ARTICLE II. TREES AND SHRUBBERY1

Sec. 35.5-16. Purview of the city; responsibility for maintenance.

The city council of the city of Lewiston, Idaho, hereby finds and declares that the maintenance of trees and shrubs within the city and the removal of dangerous trees affects the public safety and welfare and is therefore a proper subject of regulation by the city. The city council further finds and declares that trees and shrubs which are located within street parking, alleys and other public rights-of-way primarily benefit the abutting properties and the responsibility for maintenance of such trees and shrubs should properly be upon the owners of such abutting properties. (Ord. No. 3280, § 1, 9-15-75)

Sec. 35.5-17. Definitions.

For the purposes of this chapter, the term “owner” shall include every person, including lessees, agents and representatives, in possession, charge, custody or control of any real property within the city of Lewiston. “Director” means the public works director of the city of Lewiston or his designated employees. (Ord. No. 3280, § 2, 9-15-75)

Sec. 35.5-18. Trimming at property owner’s expense; specifications.

All brush, landscaping and trees, including dead trees and branches or limbs thereof, which are in, adjacent to or overhang the public right-of-way of any street, roadway, alley, sidewalk, or other public right-of-way, shall be kept trimmed by the owner of the adjacent property, at the owner’s expense, in a neat and orderly manner, all pursuant to the authority provided in section 31-33 of this code. (Ord. No. 3280, § 3, 9-15-75; Ord. No. 3588, § 2, 8-17-81; Ord. No. 4019, § 1, 10-7-91)

Sec. 35.5-19. Reserved.

Editor’s note – Ord. No. 3776, § 4, adopted July 1, 1985, repealed § 35.5-19 pertaining to removal of trees and shrubs on public rights-of-way by the abutting property owners, and derived from Ord. No. 3280, § 4, enacted Sep. 15, 1975.

Sec. 35.5-20. Notice to property owner to correct condition; abatement by city at cost of owner; lien for nonpayment.

Whenever the director shall determine that conditions in violation of section 35.5-18 of this article exist, or that any tree located within or overhanging any public right-of-way is top-heavy, split, shattered, broken, dead or diseased so as to require removal for the protection of the public safety, he shall cause written notice to be served upon the owner of the abutting property to correct such condition or to remove said tree within fifteen (15) days. Service of notice in person or by mail to the person in whose name the property stands according to the records of the assessor of Nez Perce County shall be sufficient service. If the required work is not substantially completed within said fifteen (15) days or within such extension of time as the director, in the reasonable exercise of his discretion, may allow, then the director may cause the work to be performed and the cost thereof to be assessed against the owner of the abutting property. Said cost shall be a lien against the abutting property, fileable within the time and enforceable in the manner provided for liens of laborers and materialmen under the laws of the state of Idaho. (Ord. No. 3280, § 5, 9-15-75)

Sec. 35.5-21. Emergency removal due to immediate danger; cost to be incurred by property owner.

Nothing contained in the foregoing sections of this article shall prevent the city from removing any tree, brush or landscaping or portions of trees, brush or landscaping in or overhanging any public right-of-way without notice to the owner of the abutting property where, in the sound discretion of the director, there exists an immediate danger to life or property due to the condition of said trees, brush or landscaping or for the necessary operation of a fire hydrant. Such action shall not relieve the owner of the abutting property from responsibility for the costs of removal which costs shall be a lien on the abutting property enforceable in the manner set forth in section 35.5-20 of this article. (Ord. No. 3280, § 6, 9-15-75; Ord. No. 4019, § 2, 10-7-91)

Secs. 35.5-2235.5-25. Reserved.

Editor’s note – Ord. No. 3776, § 4, adopted July 1, 1985, repealed §§ 35.5-22 – 35.5-25 in their entirety. Said former sections, detailing the responsibilities of property owners to disinfect trees harboring pests and diseases, were derived from Ord. No. 3280, §§ 7 – 10, enacted Sep. 15, 1975.

Sec. 35.5-26. Administration of provisions.

The administration of the provisions of this chapter shall be the responsibility of the director of public works or his designated employees. (Ord. No. 3280, § 11, 9-15-75)

Sec. 35.5-27. Appeal.

Any order of the director may be appealed by the owner to whom the order is directed. The appeal shall be in writing and addressed to the city council, and shall be filed with the city clerk within ten (10) days of receipt of the written notice or order. The council shall afford such appellant a reasonable opportunity to be heard, but the decision of the city council shall be final. (Ord. No. 3280, § 12, 9-15-75)


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Editor’s note – Ord. No. 3280, §§ 1 – 12, adopted Sep. 15, 1975, did not specifically amend the code. Codification herein as Ch. 35.5, Art. II, §§ 35.5-16 – 35.5-27 was, therefore, at the discretion of the editor.