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§ 14-1 TITLE 5 – PUBLIC WAYS AND PROPERTY § 14-5 Chapter 14 TREE LAWNS Sec. 14-1: Definitions Sec. 14-2: Nuisance Sec. 14-3: Owner to Maintain Sec. 14-4: Notice Sec. 14-5: City May Abate Sec. 14-6: Penalty Sec. 14-1. Definitions. For purposes of this Chapter, the following terms, phrases, words and their derivations shall have the following meanings: A. Maintenance. Preservation from failure or decline, or providing care, upkeep, and provision. B. Owner. The owner of record of real property adjacent to a public right-of- way within the City as determined from the records of the Latah County Assessor’s office or such other records or information as the City may determine reasonable. C. Public Right-of-Way. The improved or unimproved public property owned by, dedicated to, or deeded to, the public or for the public’s use, for the purpose of providing vehicular, pedestrian and other public use. Such public property provides circulation and travel to abutting properties and includes, but is not limited to, streets, alleys, sidewalks, tree lawn, provisions for public utilities, cut and fill slopes, and open public spaces. D. Tree Lawn. That portion of the public right-of-way lying between the street and private property lines which is generally unimproved and planted with grass or other vegetation. Sec. 14-2. Nuisance. Failure of an owner to maintain the tree lawn adjacent to such owner’s real property within the City is hereby declared to be a nuisance and a violation of this Chapter. Sec. 14-3. Owner to Maintain. A. Maintenance of the area of public right- of-way between a City street and the property adjacent to the City street shall be the responsibility of the owner of the adjacent property. Such maintenance includes, but is not limited to, the removal of ice and snow accumulations on walkways, and the care, watering, trimming, mowing and general upkeep of any grass, trees, shrubbery or any other vegetation, hardscape, or landscape, or landscape element planted or placed in such public right- of-way, area, or tree lawn. B. It shall be unlawful for the owner of a property adjacent to a public street or highway to install, maintain, or allow an object to occupy the adjacent public street or highway in a manner that provides less than twelve feet (12’) of vertical clearance, unless authorized by the City. (Ord. 2012-04, 05/01/2012) Sec. 14-4. Notice. Upon a determination that the owner’s failure to maintain the tree lawn adjacent to such owner’s real property within the City is in violation of this Chapter, the City shall cause notice in writing to be served upon the owner, tenant and/or the person in control of said property or may post such notice upon the property in a manner to reasonably inform such owner, tenant and/or the person in control of said property of the nature of the violation of this Chapter. Said notice shall require the owner, tenant and/or the person in control of said property, to abate said nuisance within twenty-four (24) hours of the time of service or posting of notice. Sec. 14-5. City May Abate. If the property owner, tenant or person in control of the aforementioned property fails to abate the nuisance as provided in this Chapter within the twenty-four (24) hour period provided herein, the City may cause the tree lawn adjacent to such owner’s real property to be maintained and may cause the ---PAGE BREAK--- § 14-5 TITLE 5 – PUBLIC WAYS AND PROPERTY § 14-6 nuisance to be abated. The City shall then bill the property owner for the City’s reasonable costs in abating said nuisance. Within ten (10) days of receipt of billing, the owner may request a hearing before the Council if the owner believes such billing was unjust. The Council shall confirm, modify or annul the amount of the bill to abate such nuisance. Said bill may be collected in any manner consistent with Idaho law and shall constitute an outstanding lien on the property until its collection. Sec. 14-6. Penalty. A. The owner of any property who has failed to abate the nuisance by maintaining the tree lawn adjacent to such owner’s real property within the City in a manner consistent with this Chapter within a period of twenty-four (24) hours after notice as provided herein, shall be deemed guilty of a misdemeanor and shall be punished as provided in this Code or the Idaho Code. B. Where the City can demonstrate that a tenant or individual other than the owner is responsible for maintaining the tree lawn adjacent to such owner’s real property within the City and where such person has failed after notice to abate the nuisance as provided herein, such person shall be deemed guilty of a misdemeanor and shall be punished pursuant to this Code and the Idaho Code. C. Each twenty-four (24) hour period after notice during which said person, tenant and/or person responsible for maintaining the tree lawn adjacent to the owner’s real property within the City shall fail to abate the nuisance as provided herein, shall give rise to a separate and distinct offense. (Ord. 97-34, 12/15/97)