For purposes of this chapter, the following terms shall have the meanings set forth below:
"Appeals board"
means that body designated by the city council pursuant to this chapter and consisting of one officer selected by the city fire chief, which such officer shall not be the officer issuing the order to abate, and two persons selected by the city council. The appeals board shall hear any and all appeals regarding the determination by the city that hazardous vegetation exists on any land or parcel of real property in the city.
"Hazardous vegetation"
means all dry grass, stubble, Russian thistle (tumbleweeds), brush, weeds, rank grow, sagebrush, chaparral or other vegetation which constitutes a fire hazard. Hazardous vegetation shall also mean weeds which when mature bear wingy or downy seeds, which will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous.
"Hazard reduction office"
means that physical location where the notice to remove and abate is generated.
"Hazard reduction officer"
means the designee of the city fire chief vested with the authority to enforce this chapter.
(Ord. 91-18 § 5 (6.16.010); Ord. 98-07 § 1; Ord. 98-06 § 1)
It shall be the duty of every owner or person in control of any real property or interest therein to abate therefrom, and from all sidewalks and parkways, except for those roads accepted into the city maintained system, all hazardous vegetation or other flammable vegetation that constitutes a fire hazard which may endanger or damage neighboring property.
A. 
In the case of any parcel or contiguous parcel of real property under the same ownership consisting of five or less areas upon which vegetation exists which may constitute a fire hazard, the requirements of this section shall be satisfied if the vegetation is removed by discing or mowing the entire acreage.
B. 
Where the acreage consists of more than five contiguous acres, the requirements of this section shall be satisfied if there is cleared a one-hundred-food-wide strip of land at the boundaries of such real property, and through such land so that there shall not be any portion of the real property larger than two and one-half acres which is not enclosed by itself within such a strip, which shall be a fire break. The city fire chief may require firebreaks exceeding this one-hundred-foot width or discing or larger than five-acre parcels if larger breaks or discing is deemed necessary by him/her for the protection of the public safety and welfare.
C. 
Where the parcel is improved or terrain is such that it cannot be disced or mowed, the city fire chief may require or authorize that other means of removal be used, and that specific standards be met as set forth in this code, Public Resources Code or other recognized fire codes.
(Ord. 91-18 § 5 (6.16.020); Ord. 98-07 § 2; Ord. 98-06 § 2)
A. 
Notwithstanding any other ordinance or resolution of the city to the contrary, any person or entity that is an owner of property in the city may clear and abate brush, weeds and other fire hazards for fire protection purposes on the owner's property, unless such vegetation or landscaping is required by condition of a land use entitlement, such as a tentative tract map or plot plan. Weed, brush and other fire hazard abatement measures may include, but are not limited to, disking, scraping, grubbing, mowing or other methods of clearing to bare ground. No measure or method which is dangerous or hazardous to human health or safety shall be utilized, nor shall any activity which is contrary to any state or federal law be permitted.
B. 
Brush and other fire hazard abatement measures as provided in subsection A of this section may be taken within one hundred feet of any structure, as defined in the Uniform Building Code (1991 edition), regardless of whether such structure is located on one's own property or on adjacent property without a permit from the city.
(Ord. 93-23 §§ 1, 2)
For purposes of enforcing the provisions of this chapter, the city fire chief may designate any person or persons as his/her deputy in the performance of the duties vested upon the city fire chief by the provisions of this chapter.
(Ord. 91-18 § 5 (6.16.030))
A. 
It shall be the duty of the city fire chief, or designee of the chief, whenever such officer deems it necessary to enforce the provisions of Section 8.16.020 hereof, to issue a notice to remove and abate by either of the following methods:
1. 
By mailing to the owner of such real property as shown on the last equalized tax rolls and by personal service thereon; or
2. 
By mailing to the owner as shown on the last equalized tax rolls and by posting the real property.
B. 
The notice to remove shall be in substantially the form set forth below:
NOTICE TO REMOVE AND ABATE
Date: ___________________
By virtue of Section 8.16.020 of the Temecula Municipal Code
YOU ARE HEREBY NOTIFIED AND REQUIRED TO ABATE from your property described
[Legal Description]
taken from the Riverside County Assessor's Records which lists the owner as
[Name]
of
[Address, City, State, Zip]
specific mentioned items described as combustible matter and
If said combustible matter is not removed within 30 calendar days, the City Fire Chief, or other duly designated officer(s), may order said matter removed by public employees, private contractor, or other persons, and the cost of said removal shall be levied with an added Administration Fee, and assessed against the property as a Special Assessment Lien, or billed directly to the property owner.
An appeal from this order may be taken presenting a written appeal to the Hazard Reduction Office at
(Phone:___________________) within 20 calendar days of the postmark on the Notice to Abate. The Hazard Reduction Officer shall set the same for hearing before the Board of Appeals, and shall notify the Applicant, in writing, of the hearing date.
___________________ Name of Issuing Officer
___________________ Title of Issuing Officer
(Ord. 91-18 § 5 (6.16.040))
A. 
Appeals Procedure. Any person who is adversely affected by the determination contained in the notice set forth in Section 8.16.040 may appeal to the board of appeals within twenty calendar days of the postmark on the notice to remove and abate by filing a written appeal with the hazard reduction officer. An appeal, timely filed and in proper form, shall stay any further action for removal or abatement until the date set for hearing. The hazard reduction office shall set the matter for hearing before the board of appeals and shall notify the person appealing by mail of the date set for such hearing, at least fifteen days prior to the hearing date. If the person appealing resides outside the county, the above period of notice by mail before the hearing shall be at least twenty-five days. The person appealing shall have the right to appear in person or by an agent, designated in writing, at the hearing, and present oral, written and/or photographic evidence. The board of appeals shall decide the appeal and shall issue its decision, which shall be in writing.
B. 
Appeals Board. The board of appeals is established with the membership as set forth in Section 8.16.010. Members shall serve at the pleasure of the appending authority.
(Ord. 91-18 § 5 (6.16.050))
If, at the end of the time allowed for compliance in the original notice, or as extended in cases of appeal, or as specified by the board of appeals, compliance has not been accomplished, the officer issuing the notice or the agency of which he is an officer may order the hazardous vegetation to be removed by public officers or by employees of said agency, or may cause the removal to be carried out by a private contractor selected by the city in accordance with applicable statutes and in the manner and under the terms specified by the city council. The cost of such removal accompanied by a reasonable administrative charge may be imposed as a special assessment upon the property, and such property shall be subject to a special assessment lien for such purpose. The costs so assessed shall be limited to the actual costs incurred by the city in enforcing abatement upon the parcels, including payment to the contractor, costs of investigation, boundary determination, measurement, clerical, personnel, consultant and an administrative cost to be set by resolution adopted by the city council on those parcels where such weeds have not been removed by the property owner at his or her own expense.
(Ord. 91-18 § 5 (6.16.060); Ord. 01-14 § 2 (part))
The city shall recover from the property owner the full costs, including administrative and legal costs, of abating hazardous vegetation from any vacant lot or vacant parcel in the city in accordance with the procedures set forth in Section 8.12.120.
(Ord. 91-18 § 5 (6.16.070))
The total costs of abatement of the hazardous vegetation abated pursuant to this chapter shall constitute an assessment and lien against any vacant lot or vacant parcel from which hazardous vegetation was abated by the city. The assessment shall be levied and the lien imposed by the city in accordance with the provisions of Section 8.12.130. The notice of lien set forth in said section shall be modified to reflect Chapter 8.16 in lieu of Chapter 8.12.
(Ord. 91-18 § 5 (6.16.080))
At the conclusion of the hearing required above, the city council shall do one of the following:
A. 
Confirm the costs of the abatement and order the costs to be recorded as a lien on the property;
B. 
Modify the costs of the abatement and order this new figure to be recorded as a lien on the property; or
C. 
Cancel all or any portion of any such special assessment, penalty or costs heretofore entered, and shall order that the same be canceled by the county auditor-controller if uncollected, or, except in the case provided for in subsection (c)(5) of this section, refunded by the county treasurer-tax collector, if collected, if the charges were charged or paid:
1. 
More than once;
2. 
Through clerical error;
3. 
Through the error or mistake of the board of appeals, or of the officer, board or commission designed by them to give notice, in respect to any material fact, including the case where the cost report rendered and confirmed, as hereinbefore provided, shows the county abated the hazardous vegetation but such is not the actual fact;
4. 
Illegally; or
5. 
On property acquired after the lien date by the state or by any county, city, school district, special district or other political subdivision, and because of this public ownership, is not subject to sale for delinquent taxes.
(Ord. 91-18 § 5 (6.16.090))
No order for refund under the foregoing section shall be made except on a written claim:
A. 
Verified by the person who paid the special assessment, his guardian, executor or administrator; and
B. 
Filed within one year after making the payment sought to be refunded.
(Ord. 91-18 § 5 (6.16.100))
It shall be unlawful, subject to punishment in accordance with Chapter 1.20, 1.21, or 1.22, and in accordance with Section 8.12.180, for any person —natural or corporate —owning, possessing, occupying or controlling any lands or premises subject to the provisions of this chapter to fail to perform the duty set forth in Section 8.16.020 of this chapter, or to fail to comply with the requirements in the notice to remove and abate as specified in Section 8.16.040 of this chapter or to interfere with the performance of the duties herein specified for any of the officers designated in this chapter or their deputies, or to refuse to allow any such officer or their deputies or employees, or approved private contractors, to enter upon any premises for the purpose of inspecting and/or removing any hazardous vegetation hereinbefore described, or to interfere in any manner whatever with said officers or contractors in the work of inspections and removal herein provided. Such penalties are in addition to any civil or equitable remedies available to the city to enforce the provisions of this chapter.
(Ord. 91-18 § 5 (6.16.110); Ord. 98-04 § 10)