It shall be the duty of the Chief of the Fire Department to
see that all the provisions of this chapter and all other ordinances
pertaining to the protection of the City from fire are strictly enforced,
and to that end he or she and his or her deputies shall have the right
to enter upon any premises at all reasonable hours for the purpose
of inspecting the same, and it shall be unlawful for any person upon
his or her request or that of his or her deputy to refuse to permit
such inspection.
(Ord. 2819 §1, 1961)
It shall be the further duty of the Chief of the Fire Department
or his or her duly authorized representative to inspect, as often
as may be necessary, all building, premises and public thoroughfares,
for the purpose of ascertaining and causing to be corrected any conditions
contrary to the provisions and intent of this or any other ordinances
of the City affecting the fire hazard, and it shall be unlawful for
any person to refuse to allow such inspection, or in any manner to
interfere therewith.
(Ord. 2819 §1, 1961)
Whenever any officer or member of the Fire Department shall
find upon any premises or other place, combustible or explosive matter,
or dangerous accumulation of rubbish or unnecessary accumulation of
waste, paper, boxes, shavings or any other flammable or combustible
materials, and which is so situated as to endanger property, he or
she shall order the same to be removed or remedied, and such order
shall forthwith be complied with by the owner or occupant of such
premises. The service of such order shall be made upon the owner of
the premises by mailing it to the owner of the property by first class
mail with the address as shown on the most recent assessment roll
of the County of Santa Barbara.
(Ord. 2819 §1, 1961; Ord. 4201, 1983)
It is unlawful for any person to keep or allow or permit to
remain any explosive or inflammable compound, or combustible material
of any kind near any doorway or stairway of any building, in such
place or manner as to obstruct the same or render egress hazardous
in case of fire.
(Ord. 2819 §2, 1961)
It is unlawful for any person or persons to keep, or allow or
permit to be kept, any waste, rags, paper, excelsior or other flammable
substance liable by spontaneous combustion or otherwise, to cause
a fire, and no receptacle containing such material or substance shall
be kept or maintained outside of the property line, and packing material,
such as excelsior, hay, paper or any other flammable material shall
be removed from all packing cases, boxes, barrels, crates, etc., and
all containers piled, stacked or stored in a neat and orderly manner
and in such a position as not to endanger any property or premises
by fire.
(Ord. 2819 §3, 1961)
It is unlawful for any person or persons to cause, or permit
to be dumped, placed or be deposited in or upon any vacant lot, street,
ditch or other place not officially designated as a public dumping
ground, any weeds, rubbish, trimmings from trees, shrubbery, grass
or other flammable material. It is unlawful for any person to keep,
place or deposit, refuse on any public or private grounds or premises
whatsoever, except in containers or receptacles for collection upon
premises owned, occupied or under possession and control of such person,
provided however, that lawn and garden trimmings may be composted
in an excavation.
(Ord. 2819 §4, 1961)
It is unlawful for any person or persons to deposit any ashes,
or cause or permit the same to be deposited or placed, or to permit
or suffer the same to be or remain in any wooden vessel or receptacle,
or in any vessel or receptacle composed of combustible material upon
any premises under his or her or their control, but all such ashes
shall be placed and kept in some safe repository or receptacle of
galvanized iron or other incombustible material and not less than
12 inches from any wooden building or inflammable structure, or when
deposited on the ground the same must be not less than 10 feet from
any wooden building or flammable structure, but then only after the
same has been kept in a fireproof receptacle for at least 48 hours
after having been subject to heat.
(Ord. 2819 §5, 1961)
It is unlawful for any person to keep for sale or to store or
permit to be kept or stored on any property owned, occupied or under
his or her control, any quantity of loose hay or straw of any kind,
exceeding three tons in weight, or any quantity of baled hay or straw
in excess of 10 tons in weight, without first obtaining a permit from
the Fire Marshal to do so.
(Ord. 2819 §6, 1961)
It is unlawful to use or maintain any portable light, lantern
or stove in any building, structure, vehicle or boat, where any combustible,
explosive or highly flammable materials are situated and exposed,
unless such portable light or other such appliance be of a design
or type approved by a recognized testing agency.
(Ord. 2819 §7, 1961)
It is unlawful for any person to maintain or permit to be maintained,
any building or structure or appurtenances of fixtures thereto, or
any chimney, smoke stack, oven or furnace or anything connected with
such building or premises in a defective, insecure or unsafe condition
so as to be liable to cause fire.
(Ord. 2819 §8, 1961)
It is unlawful for the owner, tenant or person in control of
any parcel of land within the City to allow or permit any accumulation
of grass, brush, foliage, rubbish or any other combustible or inflammable
material to accumulate or remain upon any such property, and which
is a fire hazard to any property in the City, it shall be the duty
of such owner of such parcel to forthwith clean up such parcel and
dispose of all such material and take appropriate action to maintain
the property "fire-hazard-free" after notification by the Fire Department
to do so.
(Ord. 2819 §9, 1961; Ord. 4201, 1983)
It shall be the duty of the Chief of the Fire Department, or his or her duly authorized representative, whenever any parcel of land within the City is, by reason of the condition described in Section 8.08.110 of this code, a real or potential fire menace, or by reason of its flammable nature, a hazard to life or property, to immediately notify the owner to remove and abate the same.
(Ord. 2819 §9, 1961; Ord. 4201, 1983)
The notice to remove and abate and maintain the property fire hazard free as referred to in Section 8.08.120 shall be in writing by mailing it to the owner of the property by first class mail with the address as shown on the most recent assessment roll of the County of Santa Barbara.
(Ord. 4201, 1983)
The contents of the notice and attachments thereto mailed pursuant to Section 8.08.130 shall include notice of the following:
A.
The
Chief of the Fire Department, or his or her duly authorized representative,
has determined that on the owner's property (identified by address
and county assessor's parcel number) a fire hazard is maintained which
must be abated or removed by the date as specified in the notice;
B.
Failure
to so abate and remove and maintain "hazard free" beyond that date
certain will result in the Chief of the Fire Department, or his or
her duly authorized representative, authorizing the abatement and
removal of the fire hazard at the owner's expense;
C.
Said
owner shall be billed for the City's expense incurred, in authorizing
the abatement and removal of the hazard, including administrative
expenses to abate and remove the fire hazard and expenses incident
to securing payment from owner for same;
D.
Any
assessment for the abatement and removal not timely paid by owner
shall be presented to the City Council at a date and time certain
for consideration at which time said owner, or his or her lawful representative,
may appear to protest or contest the assessment;
E.
The
City Council, after presentation by the Chief of the Fire Department
and any protest by a parcel owner, may direct the filing of a lien
against the owner's property from which the fire hazard was abated
and removed by the City, which will be payable through the annual
tax rolls.
(Ord. 4201, 1983)
If such owner of said parcel of land cannot be reached by mail
or when so notified by mailing as aforesaid, fails, refuses or neglects
to remove or abate and maintain the parcel so as to prevent the reoccurrence
of said hazardous condition within 20 days following the date of such
service, the Chief of the Fire Department shall forthwith remove,
or cause to be removed, such hazard by whatever means the City Council
shall direct.
(Ord. 2819 §9, 1961; Ord. 4201, 1983)
Upon completion of the work of removal and abatement of such
fire hazard, the Chief of the Fire Department shall promptly report
the actual cost of such work to the City Council, and thereupon the
City Clerk shall mail or cause to be mailed to the owner of such parcel
of land, as shown by the current City Tax Assessment Roll, a copy
of such cost report together with a notice of hearing before a regular
meeting of the City Council not less than 10 days after the date of
mailing of such report and notice.
(Ord. 2819 §9, 1961)
At the time so set for such hearing, the City Council shall
hear and determine all protests of such owner or other interested
parties, and in the event such protest or protests be overruled by
the Council, the Council may thereupon order the cost, or such portion
thereof as it deems just, assessed against such parcel of property
and collected as in the case of ordinary taxes.
(Ord. 2819 §9, 1961)
The foregoing procedure for removal and abatement of such fire
hazard as in this chapter provided, shall be cumulative and in addition
to any other remedy or penalty herein or otherwise authorized by law.
(Ord. 2819 §9, 1961)
Each of the hazardous conditions and things hereinabove described and prohibited in Sections 8.08.040 through 8.08.170 constitute a public nuisance and the same shall be abated in the manner herein set forth.
(Ord. 2819 §10, 1961)
Any person violating any of the provisions of this chapter is
guilty of a misdemeanor.
(Ord. 2819 §11, 1961; Ord. 4201, 1983)
