(a)
The
2022 California Fire Code, California Code of Regulations, Title 24,
Part 9, including Appendix Chapters 4, B, C, and D (Sections D102,
D103.6, D103.6.1, D103.6.2 only), I, and N as published by the International
Code Council is adopted by the City of Escondido.
(b)
The
Fire Marshal shall maintain copies of the California Fire Code and
the City of Escondido amendments and make copies available for public
review at the Police and Fire Department Headquarters.
(Ord. No. 2016-09, § 1, 12-7-16; Ord. No. 2019-17, § 1, 11-20-19; Ord. No. 2022-22, § 1, 12-7-22)
(Ord. No. 2016-09, § 1, 12-7-16; Ord. No. 2019-17, §§ 2, 3, 11-20-19; Ord. No. 2022-22, § 4, 12-7-22)
[1]
Editor's Note: The amendments to the 2022 California Fire Code are included as an attachment to this chapter.
Wherever the following words and phrases are used in the Uniform
Fire Code adopted by this article, they shall have the meanings ascribed
to them in this section.
shall mean the building advisory appeals board of the city.
shall mean the fire marshal.
shall mean the city attorney.
shall mean the City of Escondido.
(Ord. No. 1236, § 1, 6-12-68; Ord. No. 82-98, § 3, 10-27-82)
In event that there is a conflict between the provisions of
the Uniform Fire Code adopted by this article and any express provision
of the Code of Ordinances, the express provision of the Code of Ordinances
shall prevail.
(Ord. No. 82-98, § 4, 10-27-82)
(a)
Any
person, firm or corporation, whether as principal, agent, employee,
or otherwise, who shall violate any of the provisions of this chapter
or the code adopted by this article, or fail to comply therewith,
or who shall violate or fail to comply with any order made thereunder,
or who shall build in violation of any detailed statement of specifications
or plans submitted and approved thereunder or any certificate or permit
issued thereunder, and from which no appeal has been taken, or who
shall fail to comply with such an order as affirmed or modified by
the building advisory appeals board of the city or by a court of competent
jurisdiction, within the time fixed herein, shall severally for each
and every such violation and noncompliance respectively be guilty
of a misdemeanor and upon conviction thereof shall be punishable by
a fine of not more than $500 or by imprisonment for term not exceeding
six months, or by both such fine and imprisonment.
(b)
The
application of the above penalty shall not be held to prevent the
enforced removal of prohibited conditions.
(Ord. No. 1236, § 1, 6-12-68; Ord. No. 75-4, § 12, 2-13-75; Ord. No. 78-35, § 3, 8-23-78; Ord. No. 82-98, § 5, 10-27-82)
Whenever the chief of the fire department shall disapprove an
application or refuse to grant a permit applied for, or when it is
claimed that the provisions of the adopted technical codes do not
apply or that the true intent and meaning of the code have been misconstrued
or wrongly interpreted, the applicant may appeal the decision to the
building advisory appeals board. The appeal must be initiated within
10 days from the act, decision or interpretation which is the subject
of the appeal.
(Ord. No. 2013-13, § 3, 12-11-13)
The City of Escondido Fire Severity Zones map, as shown in Figure
11-21, identifies the areas of moderate, high, and very high danger
of fire hazard.
 Figure 11-21
|
(Ord. No. 2013-13, § 4, 12-11-13)
[1]
Editor's note—Ord. No. 78-35, § 4, adopted
Aug. 23, 1978, specifically amended the code by repealing §§ 11-21—11-28,
which had pertained to amendments to the Uniform Fire Code. Said sections
had been derived from Ord. No. 74-13 §§ 8—10,
adopted Feb. 27, 1974.
The building director, the chief of the fire department and
chief of the bureau of the fire prevention shall act as a committee
to determine and specify, after giving affected persons an opportunity
to be heard, any new materials, processes or occupancies which shall
require permits, in addition to those now enumerated in the uniform
fire code. The fire chief of the bureau of fire prevention shall post
such list in a conspicuous place in his office, and distribute copies
thereof to interested persons.
(Ord. No. 1236, § 9, 6-12-68)
The city council declares that its purpose in adopting the ordinance
codified in this division is to designate the responsibility of the
owners of real property in the City of Escondido in the elimination
of the public nuisance created by weeds, rubbish and refuse on or
about their property.
(Ord. No. 96-18, § 1, 6-6-96)
as referred to herein, including: (i) weeds which when mature
bear seeds of a downy or wingy nature; (ii) sagebrush, chaparral and
any other brush or weeds which attain such large growth as to become,
when dry, a fire menace; (iii) poison oak and poison ivy when the
conditions of growth are such as to constitute a menace to the public
health, and weeds that are otherwise noxious or dangerous; (iv) overgrown
vegetation which is likely to harbor rats or vermin, or which constitutes
a fire hazard; (v) dry grass, stubble, brush, or other flammable material
which endangers the public safety by creating a fire hazard.
as referred to herein, includes trash or refuse consisting
of uncontained paper, wood, dry grass or brush, dirt, plastic, rubber,
metal or ceramic wreckage, or any other discarded material which may
be combustible or deleterious to the public health, safety, or welfare,
or any material which by reason of its location and/or character may
hamper or interfere with the prevention or suppression of fire upon
the premises or adjacent premises.
(Ord. No. 96-18, § 1, 6-6-96)
The city council hereby declares as a public nuisance and a
fire hazard adversely affecting the public health, safety, and general
welfare:
(a)
All
weeds growing upon the streets, sidewalks, parking, and private property,
to include lands or lots or buildings and grounds in the City of Escondido.
(b)
All
rubbish upon the streets, sidewalks, parking, and private property,
to include lands or lots or buildings and grounds in the City of Escondido.
(Ord. No. 96-18, § 1, 6-6-96)
(a)
The
chief of the fire department, or any agent thereof, shall be vested
with authority to determine whether a fire hazard or public nuisance,
as herein defined, may exist on any street, sidewalk, parking or private
property subject to these provisions, and shall cause a written notice
to be issued to abate such nuisance.
(b)
The
notice required shall contain a description of the property in general
terms reasonably sufficient to identify the location of said property,
and shall refer to this division and direct compliance herewith by
removal or destruction of the weeds and/or rubbish. Said notice shall
further describe the consequences of failure to comply as herein prescribed.
(c)
The
notice required shall be served by any of the following methods:
(i)
By personal service on the owner as reflected on the last equalized
assessment roll of the county or agent thereof, or as known to the
fire marshal;
(ii)
By certified mail addressed to the owner, as reflected on the last
equalized assessment roll of the county or agent thereof, or as known
to the fire marshal;
(iii)
By posting said notices conspicuously on or in front of the property
with at least one notice per each parcel. The notice, when posted,
shall be headed in bold-faced type, not less than one inch in height,
"NOTICE TO ABATE FIRE HAZARD/PUBLIC NUISANCE."
(Ord. No. 96-18, § 1, 6-6-96)
(a)
Within
five days from the date of service of the required notice, the owner
or agent of premises affected by such notice may appeal to the chief
of the fire department who shall hear and consider all objections
or protests to the proposed abatement.
(b)
Upon
conclusion of the hearing, the chief of the fire department shall
allow or overrule any or all objections. The decision of the chief
of the fire department may be appealed as set forth in section 11-20.
(Ord. No. 96-18, § 1, 6-6-96)
(a)
After
the chief of the fire department, or an agent of the chief, makes
a determination that a property constitutes a fire hazard and/or public
nuisance, and serves notice by one of the methods indicated in section
11-42, if no appeal is filed, the property may be abated by the city,
or by any contractor of the city, no earlier than 30 days form the
date of the notice, if no appeal is filed. If the fire hazard/public
nuisance has been determined to be imminently dangerous to life or
adjacent property, the property may be abated by the city, or by any
contractor of the city within the time frame set forth in the notice,
which notice shall permit, at a minimum a five day appeal period.
(b)
If
a property owner appeals the determination under the procedures of
section 11-43, then no abatement shall be performed earlier than 30
days from the date of the decision of the chief of the fire department.
(c)
Any
property owner or agent shall have the right to destroy or remove
the weeds or rubbish before the arrival of personnel of the city,
or city's contractor without assessment of costs.
(Ord. No. 96-18, § 1, 6-6-96)
(a)
When
abatement is completed, by the city or an agent of the city, a report
of the proceedings and an accurate account of the cost on each separate
parcel shall be filed with the chief of the fire department. The report
shall contain the following information:
(b)
The
chief of the fire department, shall, if the amounts set forth in the
report remain unpaid, forward such report to the city clerk.
(c)
The
city clerk shall thereupon set the report and account for hearing
by the council, and shall post a copy of said report and account and
notice of the time and place of hearing in a conspicuous place at
or near the entrance to the council chambers.
(d)
The council shall consider the report and account at the time set for hearing, together with any objections to the accuracy of said account. At the conclusion of the hearing, the council shall either approve the report and account as submitted, or as modified and corrected by the council. The council shall confirm such amount as a special assessment and cause the same to be recorded on the assessment roll. The amounts so approved shall be charged to the property owner on the next regular tax bill, and shall further be a lien upon the property involved. The council shall adopt a resolution assessing such amounts, and the city clerk shall file a certified copy of said resolution with the county auditor and the county recorder of the County of San Diego. The resolution shall include the information contained in subsection (a), and the dates the abatement was ordered and the date of confirmation. The city clerk shall provide a certified abstract to the county recorder relative to each separate parcel to record as a special assessment lien against each parcel.
(e)
The
county auditor shall enter each assessment in the county tax roll
opposite the parcel of land. The amount of the assessment shall be
collected at the time and in the manner of ordinary municipal taxes;
and if delinquent the amount is subject to the same penalties and
procedure of foreclosure and sale as is provided for ordinary municipal
taxes.
(f)
The
provisions of sections 39577 and 39580 to 39585, inclusive, of the
Government Code are hereby incorporated by reference, and made a part
of this division.
(Ord. No. 96-18, § 1, 6-6-96)
Abatement of any nuisance or fire hazard under this division
may, if it is determined to be in the best interests of the city and
its citizens, be contracted to an outside contractor. Should the city
contract out the abatement process, the city may assign its interest
in collecting payment for the work to the contractor which performed
the work, as payment to the contractor.
(Ord. No. 96-18, § 1, 6-6-96)
The adoption of this division shall not affect in any manner
the prosecution of violations under Chapter 6 of the Escondido Municipal
Code, nor shall the prosecution of violations under Chapter 6 prevent
the application of this division in cases where the chief of the fire
department or an agent of the chief, determines that a nuisance or
fire hazard exists.
(Ord. No. 96-18, § 1, 6-6-96)
The chief of the fire department shall establish standards for
the abatement of the various kinds of weeds and rubbish, to include,
but not be limited to, the level to which weeds will be cut, the clearance
around structures, roadways and between properties.
(Ord. No. 96-18, § 1, 6-6-96)
Any owner, occupant or agent who permits or allows a violation
of this division, shall be guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine not exceeding $1,000 or imprisonment
in the county jail not exceeding six months, or both. Each such person
shall be guilty of a separate offense for each and every day during
which any violation of any provision of this division is committed,
continued or permitted by such person.
(Ord. No. 96-18, § 1, 6-6-96)
