Council declares Cottonwood tree a nuisance, authorizes abatement and cost recovery

The Garden City City Council on Aug. 25 passed Resolution 12-17-25, declaring a cottonwood tree on public riverfront property a nuisance and authorizing city removal and cost recovery from adjacent property owners.

City Attorney Mister Wadhams told the council staff found private individuals had begun cutting the public tree and left it in a hazardous, partially felled state. Public Works Director Colin Schmidt said the city was called Aug. 4 after people had already used a chainsaw on the tree; staff taped off the area and called an arborist, who concluded the tree must be removed.

Schmidt described additional nearby trees that had been recently limbed and said some of the affected trees may be on state land at the Boise River high-water mark, which could complicate jurisdiction for other trees. He told the council the immediate abatement expense attributable to the unauthorized cutting is $2,620.26 and recommended the city seek reimbursement from the property owners whose actions worsened the hazard.

Mister Wadhams recommended declaring the damaged tree a nuisance under Idaho statute so the city could "take action to abate the nuisance" and recover costs. Wadhams said the resolution would both authorize abatement and allow the city to send a demand letter to the property owners.

Council members stressed that residents should not conduct their own work on public greenbelt lands and supported the city pursuing recovery. One council member said: "I just I'm I'm absolutely flabbergasted and incredibly grateful that it wasn't our effort," during remarks describing the hazard and thanking staff for responding.

The council approved the resolution by roll call vote and directed the city attorney to issue a demand for reimbursement. The council record notes the $2,620.26 figure as the additional expense the city will seek to recoup; Wadhams said he had a demand letter prepared if the council gave him the "green light."