Alpine County Municipal Code Art. III Fuels Reduction

The Alpine County board of supervisors hereby declares fuels that accumulate on lots within the county in violation of this article to be a public nuisance and it shall be the responsibility of the owner of the property upon which such nuisance exists to abate such nuisance at his or her own expense. Such nuisance is considered abated when fuels reduction as defined in this chapter is accomplished. (Ord. 727 (part), 2018)

A person that owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining any mountainous area, forest-covered lands, brush-covered lands, grass-covered lands, or any land that is covered with flammable material shall at all times maintain defensible space in compliance with the requirements of Cal. Pub. Res. Code § 4291 as currently exists and as may be amended in the future. (Ord. 727 (part), 2018)

It is the intention of the board of supervisors of the county of Alpine that the provisions of this chapter bridge the gap in Cal. Pub. Res. §§ 4290 and 4291. These sections only apply to those properties with structures on them and then only to the existing property line. In some cases there is not one hundred feet of defensible space available without encroachment upon the adjacent lot.

A. Applicability. This section shall apply to all adjacent lots that meet both of the following criteria:

1. Fire Hazard Severity Zone. The adjacent lot is located within a very high or high fire hazard severity zone as defined in the most recent California Fire Hazard Severity Zone Map adopted by CAL FIRE.

2. Determination of Hazard. The adjacent lot contains fuels that are within one hundred feet of a structure on an occupied lot and do not meet the Cal. Pub. Res. § 4291 General Guidelines for Creating Defensible Space.

B. Fuels Reduction Standard.

1. Fuels Reduction Standard. For all areas within the adjacent lot that are within one hundred feet of a structure, provide a reduced fuel zone that is consistent with the Cal. Pub. Res. § 4291 General Guidelines for Creating Defensible Space as adopted on February 8, 2006, by the California Board of Forestry and Fire Protection “BoF Guidelines,” and as may be amended in the future. This standard shall not require a firebreak as described in the BoF Guidelines to be provided within the subject lot. This standard shall not apply to any area within the adjacent lot that is more than one hundred feet from a structure.

2. Variations. The fire inspection official(s) may approve variations from the standard and applicable sections of the BoF Guidelines that are determined by the fire inspection official(s) to have the same practical effect as the standard and applicable sections of the BoF Guidelines.

C. Inspections, Duty to Perform Fuels Reduction and Enforcement.

1. Inspections. The board of supervisors shall designate the fire inspection official(s) for these regulations. The board may, by action separate from this article, designate different fire inspection official(s) for distinct geographic areas of the county. The fire inspection official(s) for Bear Valley shall be the Bear Valley public safety officer. Inspections will be conducted under the authority and direction of the designated fire inspection official(s). In accordance with all applicable laws, the fire inspection official(s) is authorized to enter onto private lands and conduct inspections for the purpose of fulfilling the requirements of this article.

2. Duty to Perform Fuels Reduction. Fuels reduction as defined in this article shall be accomplished by property owners by May 1st of every year for all areas in the county below six thousand two hundred feet elevation and by June 1st for all other areas in the county. An exception to these dates occurs when an order to perform fuels reduction has been issued, in which case the time limit(s) in the order shall apply.

3. Upon the filing of a complaint by a property owner or occupant who alleges the inability to achieve one hundred feet of defensible space around a structure(s) due to property line restrictions, the fire inspection official(s) will inspect the occupied property and adjacent lot to determine if the adjacent lot must provide defensible space for the occupied lot to meet safety standards.

4. Complaints will be made on a form provided by the fire inspection official(s) and must contain a description of property and proof that all efforts to meet compliance with the defensible space herein by cooperation with the adjacent lot owner(s) have been exhausted.

5. Efforts of cooperation must include evidence of written contact with the adjacent lot owner(s) for any work necessary to construct a one hundred-foot defensible space around complainant’s structure.

6. Upon receipt of a completed complaint the fire inspection official(s) shall inspect both properties and contact the adjacent lot owner(s) to obtain voluntary compliance. In the absence of voluntary compliance, the fire inspection official(s) may issue an order of compliance if warranted.

a. The order of compliance shall clearly state all actions necessary to come into compliance with the adjacent lot ordinance, including that adjacent lot owner(s) may elect to voluntarily cooperate with the neighboring lot owner.

b. In the event that the adjacent lot owner(s) refuse to comply within forty-five days of issuance of the order, the matter will be referred to the sheriff for enforcement.

7. After forty-five days have elapsed from the date of the order and the deficiencies have not been corrected, the enforcement authority may issue a citation requiring immediate correction of deficiencies.

8. If the adjacent lot property owner still does not comply, the complaint will be forwarded to the district attorney for possible prosecution.

9. Extent of Duty to Enforce. Nothing in this chapter shall be construed as imposing on the fire inspection official or the county any duty to issue an order to abate a fire hazard and neither the fire inspection official(s) nor the county shall be held liable for failure to issue an order to abate a fire hazard nor for failure to abate any fire hazard. (Ord. 727 (part), 2018)

The provisions of this article will be enforced by the county sheriff’s department by peace officers authorized under the provisions of Cal. Penal Code § 836.5. (Ord. 727 (part), 2018)

Any person violating any provision of this article is guilty of a misdemeanor/infraction and may be fined an amount not to exceed one thousand dollars and/or ninety days in the county jail, in addition to any criminal and civil remedies which may be available under any applicable state and federal laws. (Ord. 727 (part), 2018)

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Code reviser’s note: Ord. 757 adds the provisions of this section as Section 8.20.030. The section has been editorially renumbered to prevent duplication of numbering.