Note: Prior code history: Ords. 61 and 304.
Whenever the Fire Chief or authorized representative shall find vegetative growth, as described in Section 6-13.04, and/or refuse upon any property, lands, or lots in the City, which in his or her opinion is or may become a fire hazard or a health and safety hazard, he or she shall have cause to give to the owner of said property a notice to remove such vegetative growth and/or refuse which may constitute a hazard in the manner hereinafter provided in this part.
(Ord. 337 § 1, 1998)
The following words, when used in this part, shall be defined
as follows unless otherwise indicated:
means the City of Atascadero.
means City Council of the City.
means any ditch, culvert, and/or pipe used as a means of
public drainage or drainage control.
means the Fire Chief or authorized representative of the
Fire Chief.
means dry flammable grass or stubble greater than four inches
in height.
means and include lands, lots, drainage structures, drainage
ways, and/or drainage easements.
means waste matter, appliances, abandoned automobiles, junk,
litter, trash, debris, dirt, cut vegetative growth, dead trees which
threaten structures or streets, tin cans, paper, waste material of
every kind, or other unsanitary substance, object, or condition which
is, or when dry, may become a fire hazard, or which is or may become
a menace to health, safety, or welfare.
means public streets, alleys, parkways, sidewalks, and areas
between sidewalks and curbs.
means flammable vegetation and combustible growth.
(Ord. 337 § 1, 1998)
The City Council may declare, by resolution in accordance with Sections 39561—39700 of the Government Code, that vegetative growth, as described in Section 6-13.04 of this chapter, and/or refuse, which are, or may become, a hazard upon or in front of private property to the center line of adjoining streets in the City, are public nuisances.
Also, it is unlawful for any property owner in the City to cause or permit any vegetative growth, as described in Section 6-13.04 of this chapter, and/or refuse to remain on any real property in the City or on portions of streets adjoining such real property to the centerline of such streets. It shall be the duty of every such person to destroy such vegetative growth and remove or destroy such refuse. The City Council may also declare vegetative growth, as seasonal and recurring nuisances.
(Ord. 337 § 1, 1998)
Any person owning property in the City shall:
(a)
Maintain
around structures, a firebreak made by removing and clearing away,
for a distance of not less than 30 feet on each side thereof or to
the property line, whichever is nearer, all flammable vegetation or
combustible growth. This subsection does not apply to single specimens
of trees, ornamental shrubbery, or similar plants that are used as
groundcover, if they do not form a means of rapidly transmitting fire
from the native growth to any building or structure.
(b)
Mow
dry noxious weeds which are located within 100 feet of any building
or structure, or to the property line, whichever is nearer.
(c)
Mow
dry noxious weeds 50 feet from the edge of improved roadways, 50 feet
from each property line, and 10 feet on each side of driveways.
(d)
Remove
that portion of any tree that extends within 10 feet of the outlet
of any chimney or stovepipe.
(e)
Maintain
any tree adjacent to or overhanging any building free of dead wood.
(f)
Provide
and maintain, at all times, a screen over the outlet of every chimney
or stovepipe that is attached to any fireplace, stove, or other device
that burns any solid or liquid fuel. The screen shall be constructed
of nonflammable material with openings of not more than one-half inch
in size.
(Ord. 337 § 1, 1998)
An exemption from Section 6-13.04 of this chapter shall apply to any land beyond 50 feet from improved streets, as declared by the City, State or Federal Government, which has been acquired or is managed, for one or more of the following purposes:
(a)
Animal
pastures and agricultural fields growing hay or grains. The interior
portion of fenced pastures where the quantity of livestock significantly
reduces the vegetative growth, therefore bringing the parcel into
compliance. Agricultural fields must be cut at harvest time. Uncut
hay and grain is subject to abatement;
(b)
Habitat
for endangered or threatened species, or any species that is a candidate
for listing as an endangered or threatened species by the State of
California or Federal Government;
(c)
Land
kept in a predominantly natural state as habitat for wildlife, plant,
or animal communities;
(d)
Open
space lands that are environmentally sensitive parklands;
(e)
Other
lands having scenic values.
|
Abatement requirements shall remain in effect in waterways where
flood preparation measures and emergency flood control mitigation
is necessary.
|
(1)
This exemption applies whether the land or water are held in fee
title or any lesser interest. This exemption applies to any public
agency, and private entity that has dedicated the land or water areas
to one or more of those purposes or uses, or any combination of public
agencies and private entities making that decision.
(2)
This section shall not be construed to prohibit the use of properly
authorized prescribed burning to improve the biological function of
land or to assist in the restoration of desired vegetation.
(3)
In the event that any lands adjacent to land or water areas, as described above, are improved such that they are subject to this chapter, the obligation to comply with Section 6-13.04 shall be with the person owning, leasing, controlling, operating or maintaining the occupied dwelling or occupied structure on the improved lands. All maintenance, activities and other fire prevention measures required by Section 6-13.04 shall be required only for the improved land and water areas as described above.
(Ord. 337 § 1, 1998; Ord. 371 § 1, 2000)
With the permission of the permitting agencies with jurisdiction
over the area in question, any drainage shall be cleaned and maintained
in a manner that does not restrict the natural or engineered flow
of water.
(Ord. 337 § 1, 1998)
This chapter supersedes the Uniform Fire Code, Appendix II-A,
Sections 16 and 17.
(Ord. 337 § 1, 1998)
In the event the person or persons owning, occupying, renting, managing, or controlling any real property in the City shall fail to remove therefrom and from the portions of streets adjoining such property all vegetative growth, as described in Section 6-13.04, and/or refuse in accordance with the provisions of this part, it shall be the duty of the Fire Chief or authorized representatives to notify such person(s) to remove the same.
The City Council may direct the City Clerk, in accordance with
Section 39567.1 of the Government Code, to mail written notice of
the proposed abatement to all persons owning property described in
the resolution. The City Clerk shall cause such written notice to
be mailed to each person to whom such described property is assessed
in the last equalized assessment roll available on the date the resolution
was adopted by the City Council. The address of the owner(s) shown
on the assessment roll shall be conclusively deemed to be the proper
address for the purpose of mailing such notice. Such notice shall
be mailed at least 14 days prior to the time fixed for hearing objections
by the City Council.
(Ord. 337 § 1, 1998)
The notice shall be substantially in the following form:
|
NOTICE TO DESTROY
VEGETATIVE GROWTH AND/OR
REMOVE REFUSE
|
|
Notice is hereby given on the _______day of _______, 20_______,
the City Council passed a resolution declaring that (insert the appropriate
hazard: noxious weeds, vegetative growth, refuse, etc.) constitute
a (insert the appropriate term: fire hazard, or health and safety
hazard) which must be abated by the (insert the appropriate phrase:
cutting of said noxious weeds, or removal of said health and safety
hazard). If the owner does not abate the hazard it will be abated
by the City and the cost of the removal assessed upon the County property
tax bill, and will constitute a lien upon such land until paid. Reference
is hereby made to the resolution for further particulars and Ordinance
No. 337. A copy of said resolution is on file in the office of the
City Clerk,
|
|
All property owners having any objections to the proposed removal
of the hazard are hereby notified to at-tend a meeting of the City
Council of the City of Atascadero to be held _______, when their objections
will be heard and given due consideration.
|
|
Dated this _______day of _______, 20_______.
|
|
Fire Chief
|
|
City of Atascadero
|
(Ord. 337 § 1, 1998)
At the time stated in the notices, the Council shall hear and
consider all objections to the proposed removal of vegetative growth
and/or refuse.
At the conclusion of the hearing, the Council shall allow or
overrule any objections. At that time, the City acquires jurisdiction
to proceed and perform the work of abatement. The decision of the
Council is final.
(Ord. 337 § 1, 1998)
If objections have not been made or after the Council has disposed
of those made, it shall order the Fire Chief to abate the nuisance(s).
(Ord. 337 § 1, 1998)
In the event the person or persons owning, occupying, renting,
managing, or controlling real property in the City shall fail to remove
or destroy vegetative growth and/or refuse, in accordance with provisions
of this ordinance within 10 calendar days after the hearing of objections
an order to abate nuisance, it shall be the duty of the Fire Chief
and his or her deputies, assistants, employees, contacting agent,
or other representatives to destroy or remove such vegetative growth
and/or refuse. They are expressly authorized to enter upon private
property for such purpose. It is unlawful for any person to interfere,
hinder, or refuse to allow them to enter upon private property for
the purpose(s) to destroy or remove vegetative growth and/or refuse,
in accordance with the provisions of this part. Any person owning,
occupying, renting, managing, leasing, or controlling real property
in the City shall have the right to destroy or remove vegetative growth
and/or refuse, or have the same destroyed or removed at his or her
own expense, at any time prior to the arrival of the Fire Chief or
his or her authorized representatives for such purpose(s).
(Ord. 337 § 1, 1998)
The Fire Chief or authorized representatives shall keep an account
of the cost of abatement for each separate lot or parcel of land.
he or she shall submit such itemized written report, showing such
cost, to the Council for confirmation. Such report shall refer to
each separate lot or parcel of land by description sufficiently reasonable
to identify the same, together with the expense proposed to be assessed
against it, which shall include charges sufficient to pay for the
administrative costs of the program.
(Ord. 337 § 1, 1998)
The City Clerk shall make available a copy of such report and
assessment list at his or her office together with the notice of the
filing thereof and of the time and place when and where it will be
submitted to the Council for hearing and confirmation. The copy shall
be available for at least five calendar days prior to the submission
of the Council.
(Ord. 337 § 1, 1998)
At the time and place fixed for receiving and considering the
report, the Council shall hear the same, together with any protests
or objections of the property owners liable to be assessed for the
abatement. Upon the conclusion of such hearing, the Council shall
then confirm the report by motion and the amount thereof shall constitute
a lien on the property assessed until paid. The confirmation of the
assessment by the Council shall be final and conclusive.
(Ord. 337 § 1, 1998)
A certified copy of the report shall be filed with the County
Auditor on or before August 10th of each year for entry of such assessment
of the County tax roll. In the event the report cannot be prepared
in time for the County Auditor to enter the assessment on the next
immediate tax roll, the certified copy may be filed with the County
Auditor anytime before August 10th of the succeeding year.
(Ord. 337 § 1, 1998)
The amount of the assessment shall be collected at the time
and in the manner of ordinary municipal taxes. If delinquent, the
amount is subject to the same penalties and procedure of foreclosure
and sale provided for ordinary municipal taxes.
(Ord. 337 § 1, 1998)
