VIOLATION: TREES 8' Sidewalk and 15' Street Clearance

Stonebrook Protective Covenants: TREES [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. Grantors will plant one or two trees on the front of each lot depending on width of lot. The purchaser of each lot will be required to maintain such trees.

LawnTech provides pruning services to assess clearance of street trees and to ensure all Idaho Falls city codes have been met, which are 8’ over sidewalks, and 15’ over roadways, respectively. Below is the rate, Bill, our pruning department manager, is offering Stonebrook Subdivision Homeowners.

Trunk Diameter Pricing

• 0-6 inches: $50.00/tree

• 7-10 inches: $75.00/tree

• 11” + inches: $100.00/tree

This service is raising clearance ONLY. Any and all other pruning work, if requested by individual homeowners, would be extra and require a separate estimate.

Thank You, Kari Atkinson, Arborist Account Rep Idaho Falls 208-523-5296

City of Idaho Falls City Code: COMMUNITY FORESTRY (TITLE 8, CHAPTER 9) PURPOSE: The purpose of this Chapter is to promote and protect the public health, safety and general welfare by providing for the regulation of the planting and maintenance, and removal of trees, shrubs and other plants within the City of Idaho Falls. UTILITIES: (A) It shall be unlawful for any person to plant any public or private tree under or within twenty (20) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water line, sewer line, electric transmission or distribution line except those species approved or other species may be planted only with written permission from the Parks and Recreation Department. 

RESPONSIBILITIES FOR PRIVATE TREES (TITLE 8, CHAPTER 9, SECTION 11): (A) It shall be unlawful for any person owning a private tree or in control of a private tree to refuse or fail to take the following actions within a reasonable time after being directed to do so by the City Forester: (1) Remove, prune, or reprune any tree located on such person's private property in a manner that removes, abates or otherwise lessens the likelihood of or resolves any pest infestation, dangerous condition or circumstance located within such tree, the existence of which constitutes a public nuisance, as defined in Section 8-9-18 of this Code. (2) Remove, prune, or reprune any private tree located on such person's real property in a manner that provides for vertical clearance of the branches of such tree to a height of not less than: a. Eight feet (8’) above any public sidewalk; and b. Thirteen feet (13’) from the back of the curb to Thirteen feet (13’) toward the center line above any public street, alley, or right-ofway and thereafter angled up toward the center line to a height of not less than fifteen (15’) feet at the center of the public street, alley, or right-of-way. (3) Remove, control or abate any pest investing or otherwise located in or upon any private tree located upon the owner's private real property. (4) Remove and properly dispose of all branches, twigs, leaves or other debris deposited upon public property by or at the direction of any person pruning, trimming or removing such private tree. (Ord. 2738, 2-14-08; Ord. 2877, 8-11-11; Ord. 2968, 9-10-14; Ord. 3194, 6-28-18) Visit for more details:http://www.idahofallsidaho.gov/city/city-departments/city-attorney/city-code.html

Stonebrook Home Owners Association

Pursuant to Idaho Code Section 55-115, the Stonebrook HOA board is required to use the following approach in cases where violations of the covenants and restrictions have occurred:

• When a violation has been identified, a letter is sent to the homeowner by certified mail or personal delivery.

• The letter provides the homeowner with written notice of an HOA board meeting to take place 30-35 days later.

• At the meeting, the board will vote on whether to impose a fine for the conduct. The homeowner will be invited to the meeting.

• If the homeowner resolves the issue prior to the meeting, then by law the board may not impose a fine.

• If the violation cannot reasonably be resolved within the 30-day period, no fine can legally be imposed if the homeowner “begins resolving the violation prior to the meeting” and thereafter “continues to address the violation in good faith until fully resolved.”

• If the issue is not resolved and no resolution has begun by the time of the meeting, the board will vote whether or not to impose a fine for the violation.