20-1875 City Code Maintenance of Public Trees CITY OF MERIDIAN ORDINANCE NO . Zo � j �7 ✓/
BY THE CITY COUNCIL : BERNT , BORTON, CAVENER ,
HOAGLUN , PERREAULT , STRADER
AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 4-24 , REGARDING
DEFINITIONS ; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 4-2-
2 (C), REGARDING MAINTENANCE OF PUBLIC TREES ON PUBLIC RIGHTS OF
WAY ADJACENT TO PRIVATE PROPERTY; AMENDING MERIDIAN CITY CODE
SECTION 4-2-3 (1)) , REGARDING ABATEMENT OF NUISANCE TREES ; REPEALING
I TITLE 13 , CHAPTER 1 , MERIDIAN CITY CODE , THE MERIDIAN FORESTRY
ORDINANCE ; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 13-2- 11 ,
REGARDING ESTABLISHMENT AND DUTIES OF THE CITY ARBORIST ;
ADOPTING A SAVINGS CLAUSE , AND PROVIDING AN EFFECTIVE DATE .
i
WHEREAS, officers of the Meridian Police Department, Code Enforcement Division,
are charged with investigating and notifying responsible parties of their responsibility to abate
nuisances within the City of Meridian ; and
WHEREAS , nuisance trees are appropriately addressed by Code Enforcement, with the
expert advice and input of the City Arborist; and
WHEREAS , the City Arborist is appropriately charged with : ensuring that the City
continues to realize the benefits provided by the community forest, including qualifying as a
Tree City USA as outlined by the National Arbor- Day Foundation ; preserving and enhancing the
City ' s environmental, economic and social character with trees ; providing information regarding
tree health as may be necessary to protect the public safety, health and welfare ;
NOW, THEREFORE , BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO .
Section 1 . That Meridian City Code section 4 -24 shall be amended as follows :
4-2- 1 : DEFINITIONS :
GRAFFITI : Any inscription, work, figure, symbol , drawing, mark, or design that is marked,
etched, scratched, drawn , or painted on any real or personal property or improvement, including,
but not limited to , walls , fences, gates , pavement, buildings , rocks , trees , bridges , streets ,
sidewalks , and/or signs , whether such property is public , private , temporary, or permanent,
without the consent of the owner of such property or the owner' s authorized agent, and which
inscription , work, figure, symbol , drawing, mark, or design is visible from any publicly
accessible location .
i
JUNK VEHICLE : Any vehicle , or parts thereof, which:
A . Cannot be safely operated under its own power ;
NUISANCE TREE AND CITY ARBORIST ORDINANCE PAGE I
B. Is missing any one of the following: foot brakes, hand brakes, headlights, taillights, horn,
muffler, rearview mirrors, windshield wipers, or adequate fenders;
C. Has been declared salvage, or has been physically damaged to the extent that the cost of parts
and labor minus the salvage value would make it uneconomical to repair or rebuild such vehicle;
or
D. Is otherwise in a wrecked,partially dismantled, inoperative, or dilapidated condition.
This definition shall not include junk vehicles lawfully stored or parked pursuant to the operation
of a lawfully conducted business, industry or commercial enterprise.
NUISANCE: Anything which unreasonably injures or offends the health or senses; obstructs the
free passage, comfortable enjoyment, or customary use of public or private property; or creates
an actual or potential safety, health, or fire hazard. Nuisances shall include, but shall not be
limited to, the following conditions designated as abatable nuisances and as general nuisances:
Abatable Nuisance: Nuisance conditions that may be abated by the City in accordance with the
provisions of this chapter, specifically including, without limitation, the following nuisance
conditions:
A. Nuisance weeds.
B. Graffiti, on any surface.
C. Snow or ice on any public sidewalk abutting or adjoining any privately owned premises.
D. Vegetation, other than trees, that impedes or obstructs a public sidewalk or roadway.
E. Nuisance trees.
General Nuisance: Nuisance conditions that may lead to criminal charges without any prior
attempt by the City to obtain abatement thereof, specifically including, without limitation,the
following nuisance conditions:
A. Nuisance materials on the ground, except that this definition shall not include the
incidental leakage of nuisance materials from registered vehicles lawfully moving or
parked upon a public right-of-way; the lawful application of pesticides or herbicides for
purposes of controlling pests or weeds; or activity otherwise specifically allowed by law
or by written permit issued by the City or other governing authority.
B. Personal property on any portion of a public sidewalk, except as specifically allowed by
law or by written permit issued by the City or other governing authority.
C. One or more junk vehicle(s), where such junk vehicle is not enclosed in any structure or
otherwise concealed from public view pursuant to title 11 of this Code.
D. Stagnant or impure water which causes or creates an offensive, unhealthy, or unsanitary
condition.
E. Refuse, vegetative decay or any decaying substance, garbage or filth of any kind which is
exposed to the elements and which causes or creates an offensive,unhealthy, or
unsanitary condition.
F. Discarded matter which has no substantial market value, is exposed to the elements, and
is not enclosed in any structure or otherwise concealed from public view, including, but
not limited to: rubble, litter, asphalt, concrete, plaster, tile, cardboard, paper, scrap wood,
scrap metal, tires, broken glass, and/or other dilapidated or deteriorating personal
property-
G. The accumulation of and/or failure to lawfully dispose of solid waste on any commercial
or residential premises.
NUISANCE TREE AND CITY ARBORIST ORDINANCE PAGE 2
Meridian City Council Meeting Agenda March 10,2020— Page 90 of 99
H. Any building or structure that is so dilapidated or is in such condition as to menace the
public health or the safety of persons or property due to increased fire hazard or other
hazard.
I. Any nuisance condition not otherwise enumerated in this chapter.
NUISANCE MATERIALS: Hazardous, noxious, dangerous, or offensive materials, including,
but not limited to, oil, gasoline, fuel, antifreeze, paint, pesticides, or herbicides.
NUISANCE TREE: Any tree or part thereof which, by reason of location or condition:
constitutes a hazard to public safety; obstructs the free passage of pedestrian or vehicular traffic;
fails to provide a vertical clearance of eight feet(8') over a sidewalk or fourteen feet(14') over a
street; obstructs public street lighting; harbors pests or disease.
NUISANCE WEEDS: Undesirable plant growth, whether living or dead, which:
A. Is over eight inches (8") in height;
B. By reason of size, manner of growth, location, or dryness, constitutes a safety, health, or fire
hazard to any person, building, improvement, crop, or other real or personal property;
C. By reason of size, manner of growth, or location, impedes or obstructs a sidewalk or roadway
or any portion thereof; or
D. Is designated as a noxious weed by the State of Idaho.
This definition shall not include cultivated grasses and pastures, though such vegetation may be
declared a nuisance where otherwise appropriate.
PUBLIC TREE: Any tree, including roots within the critical root zone, whose trunk is located,
partly or in whole, on public property.
TREE: An woody plant.
Section 2. That a new section, Meridian City Code section 4-2-2(C), shall be added, to
read as follows:
C. Private property owners shall be responsible for maintaining any and all public trees upon
public rights of way adjacent to such private property. Where a public tree is a nuisance tree, the
owner of record of the adjacent private property, as reflected on the most recent assessment roll,
shall be presumed to be responsible for creating, causing, committing, maintaining, and/or
allowing such nuisance. It shall be unlawful for any person to damage, mutilate or destroy any
public tree; attach any device or structure to a public tree; or store, spill or dump substances,
whether liquid or solid, which may be harmful to any part of a public tree.
Section 3. That Meridian City Code section 4-2-3(D) shall be amended as follows:
D. Time Period For Abatement: It shall be the duty of the owner, occupier, or person in charge or
control of any property where any abatable nuisance exists, to abate such nuisance within
five (5) calendar days from the date of personal service, mailing, or publication, except that
the Code Enforcement Officer may require summary abatement of an abatable nuisance
NUISANCE TREE AND CITY ARBORIST ORDINANCE PAGE 3
Meridian City Council Meeting Agenda March 10,2020— Page 91 of 99
where such condition presents an imminent or ongoing threat to or impairment of human
health or safety.
1. Abatement of graffiti shall meet the following standards:
a.4-. The removal of such graffiti shall not follow the pattern of the graffiti such that the
inscription,work, figure, symbol, drawing,mark, or design of such graffiti remains
apparent.
b.-2 The removal of such graffiti by painting over it shall be reasonably similar or identical
to the original color of the surface upon which such graffiti was applied.
c.-3 If the surface is heavily covered with graffiti, the entire surface shall be repainted.
2. Abatement of a nuisance tree shall include tree removal,pruning, and/or removal of
branches, debris, roots, stump, and/or soil, at the direction of the Code Enforcement Officer.
Section 4. That Title 13, Chapter 1,Meridian City Code, shall be repealed.
Section 5. That anew section, Meridian City Code section 13-2-1 1, steal I be added, to
read as follows:
13-2-11: ESTABLISHMENT AND DUTIES OF THE CITY ARBORIST:
A. Designation. The Director of the Parks And Recreation Department shall designate a staff
member as the City Arborist, and shall authorize such person to perform the duties imposed by
and exercise the powers granted by this section.
B. Duties. The City Arborist, subject and in addition to the provisions of this chapter and
available resources, is hereby authorized to carry out the following duties:
1. Develop, administer and maintain a community forestry management plan and budget.
2. Establish and maintain an inventory of public trees.
3. Establish policies to carry out the provisions of this chapter.
4. Establish and maintain specifications for tree planting on public property.
5. Provide information and advice to citizens and City employees,including Code
Enforcement Officers,regarding the health and condition of trees and maintenance
necessary to protect the public health, safety and welfare.
6. Manage and regulate the planting,maintenance,protection, removal, and replacement of
all public trees within city limits.
Section 6. That all ordinances,resolutions, orders, or parts thereof or in conflict with this
ordinance are hereby voided.
Section 7. That this ordinance shall be effective immediately upon its passage and
publication.
PASSED by the City Council of the City of Meridian, Idaho, this loth day of March,
2020.
APPROVED by the Mayor of the City of Meridian, Idaho, this loth day of March,
2020.
NUISANCE TREE AND CITY ARBORIST ORDINANCE PAGE 4
f
APPROVED :
i
I `
pZED AUGU
`��Cq rnt Cvuna Pr�s � rf ATTEST , Q0 sl
v
0
01V of
ElkIDIANs -
Ch ' ohnson ty erk io � HO
SEAL
�v
C'�2rFR oI the TREPSJ��
CERTIFICATION OF SUMMARY ,
Wi I liam L . M . Nary, City Attorney of the City of Meridian , Idaho , hereby certifies that the
summary below is true and complete and upon its publication will provide adequate notice
to the pub ic .
1
William L . M . Nary, City Attomp
SUMMARY OF CITY OF MERIDIAN ORDINANCE NO , 20
An ordinance amending Meridian City Code section 4 -2- I , regarding definitions ; adding a new
section, Meridian City Code section 4 -2-2 (C), regarding maintenance of public trees on public
rights of way adjacent to private property; amending Meridian City Code section 4 -2-3 (D) ,
regarding abatement of nuisance trees ; repealing Title 13 , Chapter 1 , Meridian City Code, the
Meridian Forestry Ordinance ; adding a new section , Meridian City Code section 13 -2 - 11 ,
regarding establishment and duties of the city arborist; adopting a savings clause ; and providing
an effective date .
I
NUISANCE TREE AND CITY ARBORIST ORDINANCE PAGE 5
IDAHO PRESS-TRIBUNE
EMMETT MERIDIAN KUNA BOISE WKLY
C/O ISJ PAYMENT PROCESSING CENTER
PO BOX 1570
POCATELLO ID 83204
(208) 467-9251
Fax (208) 475-2321
ORDER CONFIRMATION
Salesperson: LEGALS Printed at 03/12/20 17 : 27 by sje14
-----------------------------------------------------------------------------
Acct # : 351462 Ad # : 2002612 Status : New
1 MERIDIAN, CITY OF Start : 03/20/2020 Stop: 03/20/2020
33 E . BROADWAY AVENUE Times Ord: 1 Times Run: ***
MERIDIAN ID 83642 LEG 1 . 00 X 31 . 00 Words : 103
Total LEG 31 . 00
Class : 0006 GOVERNMENT NOTICES
Rate : LG Cost : 22 . 94
# Affidavits : 1
Contact : MACHELLE HILL Ad Descrpt : ORD 20-1875
Phone : Given by: ADRIENNE WEATHERLY
Fax# . P.O. # .
Email : accountspayable@meridiancity Created: sje14 03/12/20 17 :24
Agency: Last Changed: sje14 03/12/20 17 :27
-----------------------------------------------------------------------------
PUB ZONE EDT TP RUN DATES
MP A 96 S 03/20
-----------------------------------------------------------------------------
AUTHORIZATION
Under this agreement rates are subject to change with 30 days notice . In the
event of a cancellation before schedule completion, I understand that the
rate charged will be based upon the rate for the number of insertions used.
Name (print or type) Name (signature)
(CONTINUED ON NEXT PAGE)
IDAHO PRESS-TRIBUNE
EMMETT MERIDIAN KUNA BOISE WKLY
C/O ISJ PAYMENT PROCESSING CENTER
PO BOX 1570
POCATELLO ID 83204
(208) 467-9251
Fax (208) 475-2321
ORDER CONFIRMATION (CONTINUED)
Salesperson: LEGALS Printed at 03/12/20 17 : 27 by sje14
-----------------------------------------------------------------------------
Acct # : 351462 Ad # : 2002612 Status : New
LEGAL NOTICE
SUMMARY OF CITY OF
MERIDIAN ORDINANCE
NO.20-1875
An ordinance amending
Meridian City Code section 4-
2-1, regarding definitions;
adding a new section, Meridi-
an City Code section 4-2-2
(C), regarding maintenance of
public trees on public rights of
way adjacent to private prop-
erty; amending Meridian City
Code section 4-2-3(D), re-
garding abatement of nui-
sance trees; repealing Title
13, Chapter 1, Meridian City
Code, the Meridian Forestry
Ordinance;adding a new sec-
tion, Meridian City Code sec-
tion 13-2-11, regarding estab-
lishment and duties of the city
arborist; and adopting a sav-
ings clause. This ordinance
shall be effective immediately
upon its passage and publi-
cation.
March 20,2020 2002612