Whenever the words set out in this section are used they shall have the meanings ascribed to them as follows:
"Corporation Counsel"
means the Attorney for the City.
"Fire Code Official"
means the County Fire Services Manager and the members of the County Fire Department under the supervision of the County Fire Services Manager or other designated authority charged with the administration and enforcement of the code, or a duly authorized representative.
"Municipality"
means the City of Live Oak.
(Ord. 552 § 2, 2016)
A. 
Permit Required.
1. 
No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on or in any public street, alley, road or other public ground without a permit or other proper authorization.
2. 
It is unlawful for any person to burn brush, grass, refuse, debris, and other matter in open fires within the City limits of the City of Live Oak without first obtaining a permit from the Feather River Air Quality Management District.
3. 
Burn barrels are prohibited.
B. 
Location Restricted. No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fires to be kindled or maintained on any private lands unless: (1) the location is not less than 10 feet from any structure and adequate provision is made to prevent fire from spreading to within 10 feet of any structure; or (2) the fire is contained within an approved type of incinerator with a closed, approved type spark arrester, located safely not less than five feet from any other flammable material.
C. 
Approved Incinerator. Incinerators or receptacles for the burning of waste materials shall be one of the following types:
1. 
Type I: This type shall be constructed of concrete or masonry with a chimney extending at least two feet above the fire doors, and equipped with a spark arrester, no opening of which shall be greater than one-quarter inch. A permanently installed fire door shall be provided. A clean-out opening shall be provided and shall be covered by a door or screen, no opening of which shall be greater than one-half inch.
2. 
Type II: Type II incinerators shall be constructed of metal or masonry, and provided with a removable cover. The cover shall have no opening greater than one-half inch and shall be in place on the receptacle during burning operations.
D. 
No Fires to Be Unattended. It is unlawful to leave, or cause or permit to be left; any outdoor or open fire unattended by an adult person, except those fires contained in an approved incinerator.
(Ord. 552 § 2, 2016)
Except as otherwise expressly provided herein, no person, firm, or corporation shall use a fire hydrant within the City of Live Oak or make any connections thereto for any purpose other than firefighting purposes, without first obtaining a written permit to do so from the City of Live Oak.
No person, firm, or corporation shall damage or obstruct any fire hydrant within the City of Live Oak.
(Ord. 552 § 2, 2016)
In situations where immediate abatement of a fire hazard or other potentially hazardous condition is required, the Fire Code Official shall have the authority to abate or order the abatement of such hazard immediately. This may include, but is not limited to, confiscation of flammable liquids, fireworks, removing hazardous wiring and adapters, temporary closure of commercial occupancies, extinguishing illegal fires and any other similar hazards, determining no smoking and ceasing operating of any type of apparatus that may be a danger to life or property. Costs of abatement shall become a lien upon the property affected. All affected persons shall be notified of action taken as soon as possible.
(Ord. 552 § 2, 2016)
The County Fire Services Manager may clear or order the clearing of land, or remove or order the removal of dry grass, stubble, brush, rubbish, litter or other inflammable materials if in his judgment, the inflammable materials endanger the public safety by creating a fire hazard. The provisions of Part 5, Division 12 of the Health and Safety Code of the State of California are made applicable to the City of Live Oak and the procedure set forth therein shall apply to dry grass, stubble, brush, rubbish, litter or other flammable material which endangers the public safety by creating a fire hazard.
(Ord. 552 § 2, 2016)
Any person who shall violate any provision of this section as adopted 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 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 thereto, shall be punishable by:
A. 
A fine not to exceed $100.00 for the first violation;
B. 
A fine not to exceed $200.00 for a second violation of the same code provision within one year; and
C. 
A fine not to exceed $500.00 for each additional violation of the same code provisions within one year.
Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code or this chapter is committed, continued or permitted by such person and shall be punished accordingly. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations or defects. The application of the above penalty shall not be held to prevent the enforced removal of any prohibited conditions.
(Ord. 552 § 2, 2016)
Whenever the Fire Code Official shall disapprove an application or refuse to grant a permit applied for, the applicant may appeal from the decision of the Fire Code Official to the City Council within 10 days from the date of the disapproval.
(Ord. 552 § 2, 2016)