This article relating to debris removal shall take effect immediately upon adoption and shall remain in effect until the removal of fire debris has been completed on all properties damaged by the SQF Complex Fire.
(Added by Ord. No. 3587, effective 12-8-20)
No fire debris from structures shall be removed from private property except pursuant to the requirements of the table below:
No structure on burned property
Nonqualifying structures
Qualifying structures
Prior to completion of Phase I cleanup
Owner may remove debris.
Debris removal prohibited.
Debris removal prohibited.
Prior to completion of Phase II cleanup
Owner may remove debris.
Owner may remove debris with clearance from Tulare County Department of Public Health, Environmental Health Division.
Only OES Program or Alternative Program contractor may remove debris.
Following completion of Phase II cleanup
Owner may remove debris.
Owner may remove debris with clearance from Tulare County Department of Public Health, Environmental Health Division.
Owner may remove remaining debris not removed during Phase II, with clearance from Tulare County Department of Public Health, Environmental Health Division.
For the purposes of this article, the requirement to enter into the OES Program or the Alternative Program shall apply only to properties that contained a qualifying structure under the OES Program. The requirement shall not apply to properties that only contained nonqualifying structures, including but not limited to sheds, canopies, carports, well houses, greenhouses, chicken coops, or fencing. Whether fire debris derived from a qualifying or nonqualifying structure shall be determined by the RMA Director, or his or her designee, in consultation with CalOES.
(Added by Ord. No. 3587, effective 12-8-20)
(a) 
Effect of the Right of Entry Permit: The right of entry permit shall function as the sole permit and authorization for participation in the OES Program.
(b) 
Notwithstanding any contrary provision in this Ordinance Code, no County approvals or permits for fire debris removal are required for properties participating in the OES Program, other than the right of entry agreement.
(Added by Ord. No. 3587, effective 12-8-20)
(a) 
The County shall administratively adopt and administer the Alternative Program in the unincorporated areas of Tulare County under the supervision of the Chief Administrative Officer or his or her designee. The County shall utilize the state and federal standards and cleanup goals of the OES Program as the standards for the Alternative Program. Under the supervision of the Chief Administrative Officer or his or her designee, the County may administratively update these standards as necessary to address ongoing changes in the administration of the OES Program and the need to efficiently remove hazardous fire debris from the community.
(b) 
For those persons who are not eligible for the OES Program, or who opt out of the OES Program, private action to remove fire debris from fire-damaged properties is prohibited unless and until the assessment and removal of hazardous waste and bulk asbestos as described under the Alternative Program requirements has been performed and authorization from the Tulare County Department of Public Health, Environmental Health Division has been provided pursuant to the Alternative Program. All hazardous waste, bulk asbestos and asbestos-containing materials, building ash, and debris shall be handled in accordance with all applicable local, State and Federal law.
(c) 
The Alternative Program shall require an application and work plan that identifies the appropriate licensed contractors who will perform the work and the submission of plans that demonstrate that the standards established in the Alternative Program will be met. Work shall not begin until the County approves the application and work plan. The County may rely upon the subject matter expertise of multiple departments in deciding whether to approve the application and work plan.
(d) 
Upon completion of the work described in the approved plans, the Alternative Program shall require an application for certification of successful completion of the work required by the alternative program. The Alternative Program shall require that:
(1) 
The debris removal and clean-up work on the property must meet or exceed the standards set by the State of California for debris removal; and
(2) 
The owner must completely remove and dispose of the foundation or submit a letter from a licensed civil or structural engineer certifying that the foundation is acceptable for rebuild. The letter shall certify structural reasons for the decision and include the process and procedure used to reach the conclusion.
(e) 
Notwithstanding any contrary provision in this Ordinance Code, no County demolition permit shall be required for private debris removal work for which the RMA Director has issued an approval allowing such work to proceed.
(Added by Ord. No. 3587, effective 12-8-20)
(a) 
No building permit may be acted on for parcels with fire debris from the SQF Complex Fire until the RMA Director approves the certification required by this chapter that the cleanup has been completed.
(b) 
Any issued County of Tulare building permit on SQF Complex Fire damaged parcels shall be held in abeyance until fire debris cleanup is completed on the affected property is cleared by Tulare County Department of Public Health, Environmental Health Division, or until documentation of clearance approval by CalOES, CalRecycle, or FEMA is provided to the Building Official.
(c) 
Notwithstanding the foregoing, this section shall not apply to permits relating to power, sewer or other utilities for temporary dwellings as provided for in this chapter.
(Added by Ord. No. 3587, effective 12-8-20)
(a) 
The Board of Supervisors may, by resolution, set a deadline for filing an application for the Alternative Program.
(b) 
Properties that have fire, ash, and debris from the SQF Complex Fire and that have neither an approved Right of Entry Permit for the OES Program nor an approved application for the Alternative Program by the deadline set by the Board of Supervisors are declared a nuisance and health hazard and such properties may be abated pursuant to this chapter.
(c) 
The Board of Supervisors may, by resolution, set deadlines for the completion of work in the Alternative Program. Properties that have fire, ash, and debris from the SQF Complex Fire after that deadline may be declared a nuisance and health hazard and such properties may be abated pursuant to this chapter.
(d) 
The Board of Supervisors' intent is to facilitate orderly remediation of a large scale disaster. Nothing in these deadlines shall limit the authority of the County to abate hazards more quickly where required by exigent circumstances. Nothing in this article or in these deadlines shall limit the authority of the County Health Officer to require preventive measures as defined in California Health and Safety Code section 101040.
(Added by Ord. No. 3587, effective 12-8-20)
(a) 
General Enforcement Action. When the RMA Director determines that an activity is being performed in violation of this article, the RMA Director may initiate an enforcement action using any processes set forth in this Ordinance Code, and may seek the imposition of costs and civil penalties pursuant to this Ordinance Code. Nothing in this provision is intended to prevent alternate enforcement mechanisms, including but not limited to, health officer orders pursuant to California Health and Safety Code section 101040.
(b) 
Summary Abatement. Pursuant to the authority of article XI, section 7 of the California Constitution, Health and Safety Code section 101040, Government Code section 25845 et seq., and this Ordinance Code, if the RMA Director determines that a violation of this article has created an emergency condition which seriously endangers the public health or safety, the County may abate the condition within the unincorporated territory of the County of Tulare. The costs shall be charged to the property owner(s) and the County may, at its option, recover the same in an administrative action as described below or a civil action. Such charges shall be in addition to any penalty for a violation of this article.
(1) 
Pre-Abatement Notice. Unless emergency conditions preclude doing so, the RMA Director shall issue a summary abatement notice and order with reasonable notice. The notice and order shall be mailed to the property owner(s) as listed on the last equalized tax roll. A summary of the notice and order shall also be posted in a conspicuous location on the property to be abated at least ten (10) calendar days prior to the summary abatement action.
(2) 
Appeal and Waiver. The property owner(s) or any person or entity having a legal interest in the property may submit a written appeal of the RMA Director's order to the Tulare County Department of Public Health, Environmental Health Division's Deputy Director, or his or her designee, no later than ten (10) calendar days from the date of mailing of the notice and order. The written appeal shall state the basis for the appeal. The Tulare County Department of Public Health, Environmental Health Division's Deputy Director, or his or her designee, shall review the appeal and shall issue a written decision no later than ten (10) calendar days after receipt. The decision shall uphold, rescind, or modify the determination of the notice and order. The decision on the appeal shall be final. Failure to appeal within the time prescribed shall constitute a waiver of the right to contest the summary abatement.
(3) 
Post-Abatement Notice. After the summary abatement is completed, the RMA Director shall serve the property owner(s) with a post-abatement notice that sets forth: (a) the actions taken by the County; (b) the reasons for the actions; (c) a statement of the costs, expenses and attorney's fees, if any, of the abatement and notice of the County's intent to collect those costs; and (d) notice of the right to appeal the costs determination within ten (10) calendar days of the notice. If the property owner is responsible for any costs, expenses or attorney's fees, such costs shall become a lien against the property and a notice of abatement lien may be recorded.
(4) 
Post-Abatement Costs Appeal. If the property owner(s) or anyone with a legal interest in the property submits a timely costs appeal, the County shall schedule an administrative hearing on the matter and provide the appeal party with reasonable notice of the hearing. The hearing conducted shall be held before the County Hearing Officer pursuant to Chapter 31 of Part I of this Ordinance Code.
(c) 
Judicial enforcement action. The County Counsel is authorized to initiate judicial enforcement as to a violation of any provision of this article without further Board of Supervisors approval.
(d) 
Remedies not exclusive. The remedies identified are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided in this article shall be cumulative and not exclusive.
(Added by Ord. No. 3587, effective 12-8-20)