Alturas Municipal Code Art. IV Fire Protection and Weed Abatement

Uncontrolled growth and/or accumulation of overgrown grass, weeds, brush or debris provides ready fuel to augment the spread and intensity of a fire. These materials and conditions constitute fire, health, or safety hazards. By removing overgrown brush, flammable vegetation, combustible growth, or debris from developed and undeveloped properties, the fire danger in high fire severity zones can be significantly reduced.

(Ord. No. 519, § 2, 4-22-2019)

(a) "Fire chief" means the chief officer of the Fire Department of the City of Alturas, or his or her designated representative or representatives.

(b) "Treasurer" means the Finance Director of the City of Alturas, or his or her designated representative.

(c) "Person" means any individual, firm, association, partnership, or corporation, and includes the city, county, recreation district, school district, and any other public agencies of the local, state or federal government.

(d) "Street" includes a public street, alley, lane, court, parkway, driveway, sidewalk, and the area between a sidewalk and the curb.

(e) "Weed abatement" means the removal or destruction of weeds from private or public property and streets in the City of Alturas.

(f) "Weed abatement program" means the program conducted by the city through its own personnel or by independent contractor hired by the city to remove or destroy weeds, brush, or rubbish from private or public property and the streets in the city.

(g) "Noxious weeds" include, but are not limited to, any of the following:

(1) Weeds which bear seeds of a downy or twiggy nature.

(2) Any brush, shrubs, vines or weeds which attain such large growth as to become, when dry, a fire hazard.

(3) Any harmful plant when the condition of growth is such as to constitute a menace to the public health.

(4) Dry grass, stubble, brush, shrubs, vines, dead or diseased trees or the branches or roots thereof, or other flammable material which endangers the public safety by creating a fire hazard.

(5) Weeds, brush, grass, shrubs, vines and diseased trees or branches or roots thereof which are noxious or dangerous.

(Ord. No. 519, § 2, 4-22-2019)

It is unlawful for the owner or occupant of any lot or premises within the city to maintain thereon any weeds, brush, grass or material likely to become easily ignited.

(Ord. No. 519, § 2, 4-22-2019)

(a) It shall be the duty of the owner, agent or person in control of any lot, piece or parcel of land in the city to remove all noxious weeds, vegetation, dry grass and all dead trees determined to be a fire hazard and which may endanger or injure neighboring property or the welfare of the residents in the immediate vicinity.

(b) The owner, agent, occupant or person in control of any lot within the city shall keep the sidewalks adjoining the same clean and clear of all weeds, dry vegetation, dry grass and all dead trees to the outer line street curb adjoining such lots.

(Ord. No. 519, § 2, 4-22-2019)

The City of Alturas Fire Chief or his or her designated representative that all weeds, as described, growing upon private or public property in the city and all fire hazards on such property are public nuisances and are subject to abatement by eradication and/or removal under the provisions of City of Alturas.

(Ord. No. 519, § 2, 4-22-2019)

It is unlawful for any person owning, occupying, renting, managing or controlling any real property in the city to cause or permit any weeds, brush, or dry vegetation, likely to become easily ignited, to be or remain on such real property in the city or on portions of the streets that adjoin such property. It shall be the duty of every such person to remove or destroy such weeds. Removal or destruction by burning within the city is unlawful unless the written permission of the fire chief or his or her designated representative is first obtained.

(Ord. No. 519, § 2, 4-22-2019)

(a) Weeds shall be removed or destroyed by disking, rototilling, preventative chemical control, and cutting, or other process or processes as determined by the fire chief or his or her designated representative to be an efficient and economical means of abatement.

(b) Weeds, when removed from the property shall be transported and disposed of only in the manner prescribed by applicable federal, state, and local laws.

(Ord. No. 519, § 2, 4-22-2019)

In any instance where the property involved is one acre or larger in size and/or is located in a sparsely populated area of the city, the fire chief or his or her designated representative may direct that proper firebreaks be cut in lieu of requiring that the weeds/brush be moved from or destroyed on the whole of such property.

(Ord. No. 519, § 2, 4-22-2019)

It is the duty of the fire chief, or his designee, to make periodic inspections of all property, lands and lots in the city, and whenever or wherever he shall find weeds, grass, or other material likely to become easily ignited, he shall give notice to remove such weeds, grass or other easily combustible material.

(Ord. No. 519, § 2, 4-22-2019)

Proceedings under this chapter shall commence when a violation of this chapter is identified and notice is given in the manner prescribed as follows: The fire chief or his or her designated representative shall mail written notice to each person that has an ownership interest in the property to which the violation pertains. Ownership interest shall be determined based on the last equalized assessment roll available on the date of mailing of the notice.

The contents of a written notice shall include the following:

(1) A description of the property by reference to the assessor's parcel number as used in the records of the county assessor, and by reference to the common name of a street or road upon which the property abuts, if the property abuts upon a road or street.

(2) A statement that there are weeds or other combustible material upon the property.

(3) A request that such weeds or combustible material be removed or abated by a certain date, which shall not be less than fifteen calendar days following the mailing the notice. If first request is not followed, a second request that such weeds or combustible material be removed or abated by a certain date, which shall not be less than seven days. If second request is not followed, any person convicted out of compliance to this Code, shall be punishable by a administrative penalty every seven days until such weeds or combustible material are abated. Followed by lien of the property in question.

(4) A statement that the weeds may be removed under authority of the city and the costs of such removal and abatement made a legal charge against the owner or owners of the property, a lien on the property and subject to collection with property taxes as specified under California Government Code section 38773.5.

a. As an alternative to the procedure authorized by section 38773.1, the legislative body may by ordinance establish a procedure for the abatement of a nuisance and make the cost of abatement of a nuisance upon a parcel of land a special assessment against that parcel.

b. A city may, by ordinance, provide for the recovery of attorneys' fees in any action, administrative proceeding, or special proceeding to abate a nuisance. If the ordinance provides for the recovery of attorneys' fees, it shall provide for recovery of attorneys' fees by the prevailing party, rather than limiting recovery of attorneys' fees to the city if it prevails. The ordinance may limit recovery of attorneys' fees by the prevailing party to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.

c. Any procedure established pursuant to this section shall include notice, by certified mail, to the property owner, if the property owner's identity can be determined from the county assessor's or county recorder's records. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

d. A local agency that has imposed an assessment pursuant to this section may, subject to the requirements applicable to the sale of property pursuant to section 3691 of the Revenue and Taxation Code, conduct a sale of vacant residential developed property for which the payment of that assessment is delinquent.

e. Notices or instruments relating to the abatement proceeding or special assessment shall be entitled to recordation.

(5) A statement referencing the right to appeal the fire chief's determination.

(Ord. No. 519, § 2, 4-22-2019)

Any person who violates any of the provisions of this chapter and the Code hereby adopted or fails to comply therewith shall for each such violation be guilty of an administrative penalty, punishment is specified in section 10-64.

(Ord. No. 519, § 2, 4-22-2019)

Any person convicted of a violation of the provisions of this Code, unless provision is otherwise made in this Code, shall be punishable upon a first violation by an administrative penalty of not more than one hundred fifty dollars, and the person shall have seven calendar days to abate the declared fire hazard. If abatement does not occur within seven days the penalty for a second violation within one year shall be an administrative penalty of not more than three hundred dollars, and the person shall have seven calendar days to abate the declared fire hazard from date of the second violation. If the person fails to abate the declared fire hazard after the seven-day period after the second violation the administrative penalty for the third or any subsequent violation within a period of one year from the first violation shall be a fine of not more than six hundred dollars and the person shall have seven days to abate the declared fire hazard from the date of the last violation. In addition, after the first violation if the fire hazard is no abated within seven days, a lien under section 10-67 may be placed on real property after the first violation in addition to the additional penalties for the second and any additional violations during the year after the first violation.

(Ord. No. 519, § 2, 4-22-2019)

Each person convicted of an administrative penalty under the provisions of this Code shall be guilty of a separate offense for each violation that occurs after an abatement period set forth in section 10-64 ends while the violation of any provisions of this Code are committed, continued or permitted by the person.

(Ord. No. 519, § 2, 4-22-2019)

Any person who is adversely affected by the notice may appeal such notice by requesting an appeal hearing in writing within fifteen days of the date of the notice. After fifteen days, the notice may not be appealed. Timely appeal shall stay any further action for removal or abatement until the date set for hearing, unless the weeds at issue present an imminent fire hazard within one hundred feet of any property containing a structure. The fire department shall set the matter for hearing before the city council. The appellant shall be provided with a notice of the appeal hearing at least fifteen days prior to the hearing date. The appellant shall have the right to appear in person or by agent, designated in writing, at the hearing and present oral, written and/or photographic evidence. The order of the city council denying the appeal shall be issued within fifteen days of the date of the hearing is final.

(Ord. No. 519, § 2, 4-22-2019)

(a) Should such person or persons owning, occupying, renting, managing, or controlling any real property in the city fail, refuse or neglect to remove such weeds, grass or other easily combustible material at the end of the time allowed for compliance in the original notice, or as extended by administrative agreement or the city council, the fire department may order such weeds or other flammable vegetation/material to be removed by city crews or by private contractor.

It shall be the duty of the fire chief and his representatives to destroy or remove such weeds and each of them are expressly authorized to enter upon such property, whether privately or publicly owned, for such purpose. It is unlawful for any person to interfere, hinder, or refuse to allow them to enter upon the property for such purpose, and to destroy or remove weeds or rubbish in accordance with this chapter.

(b) Any person owning, occupying, renting, managing, or controlling real property in the city shall have the right to destroy or remove weeds or have the same destroyed or removed at his own expense up to the time that the fire chief or his authorized representative has listed as the final date for the work to be completed on the "Notice to Remove Weeds, Grass, Noxious Vegetation or Other Obstructions" order. If the weeds have not been destroyed or removed after expiration notice, the property shall be under the control of the fire chief for the purpose of accomplishing the abatement work, and it is unlawful for any person to interfere, hinder, or obstruct the fire chief or his or her lawful representative or representatives in doing the work.

Such owner of the property shall be indebted to the city for the cost of abatement, and there shall be a lien against such property in an amount equal to all costs involved in such work.

(c) Nothing in this chapter shall preclude the fire chief or other enforcement officer from taking action to abate weeds under the provisions of the California Health and Safety Code where it is determined that the public health, safety and welfare required more expeditious action to remove or destroy such hazardous or offensive material.

(Ord. No. 519, § 2, 4-22-2019)

(a) The fire chief shall promptly report in writing to the treasurer the cost of destruction or removal of weeds which was done at the expense of the city, the dates same were done, and the name of the owner or owners and a description of the parcel or parcels upon which the weed abatement work was done, their mailing addresses, and any other information deemed pertinent.

(b) Upon receipt of the report, the treasurer shall immediately bill the person or persons responsible for payment of the cost of the weed abatement work, together with an administrative charge as set by a resolution of the city council on file in the city clerk's office, stating that the billing is due and payable within thirty days of its date, and if not paid within that time the amount thereof may become a lien on the property upon which the weed abatement work was performed and may be collected with taxes on the secured tax roll of Modoc County.

(c) The treasurer shall keep an account of the costs, including administrative charges, incurred by the city to destroy or remove the weeds for each separate lot or parcel of land and the portions of streets adjoining the same and shall include such account in a report and assessment list made to the city council, which report shall be filed with the city clerk.

Such report shall refer to each separate lot or parcel of land by description reasonably sufficient to identify the same, together with the expenses, including administrative charges, proposed to be assessed against it. The report and assessment list need not contain any reference to lots or parcels of land upon which weed abatement has been done at the expense of the city, if the cost thereof has been paid to the city prior to the preparation of the report and assessment list.

(Ord. No. 519, § 2, 4-22-2019)

(a) The city clerk shall post a copy of the tax collector's report and assessment list at city hall, together with notice of the filing thereof and the time and place when and where it will be submitted to the city council for hearing and confirmation. The treasurer shall mail to the person or persons whose property is mentioned in the report and assessment list a notice of "Assessment for Destruction or Removal of the fire hazard, and Notice of Hearing to Confirm Assessment."

(b) The posting of the treasurer's report and assessment list and the mailing of notice to property owners shall be done at least fifteen days before the date of the hearing scheduled before city council.

(Ord. No. 519, § 2, 4-22-2019)

At the time and place fixed for receiving and considering the treasurer's report and assessment list, the city council shall hear the same together with any protests or objections which may be raised or lodged by property owners or other interested persons. Upon the conclusion of such hearing, the city council shall make such corrections or modifications in any proposed assessment or assessments which it may deem to be excessive or otherwise incorrect after which such assessment or assessments shall be confirmed by resolution adopted by the city council. The city council may delete from the report and cancel any proposed assessment found improper or unjustified. The confirmation of the report and assessments by the city council shall be final and conclusive.

(Ord. No. 519, § 2, 4-22-2019)

It shall be permissible for any person to pay the amount of such assessment that has been imposed for the destruction and removal of the weeds, within fifteen days following the date of adoption of the city council resolution confirming the assessment. If the assessment is not paid on or before said date, the total amount thereof shall be entered on the next succeeding fiscal year's secured tax roll of Modoc County for that property, and the assessment shall thereupon become a lien against the property, and the amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. The lien of the assessment shall have the priority of the taxes with which it is collected. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes.

(Ord. No. 519, § 2, 4-22-2019)

If any real property to which the lien provided for in City of Alturas Municipal Code has been transferred or conveyed to a bona fide purchaser for value, or if the lien of a bona fide purchaser for value has been created and attaches thereon, prior to the date on which the first installment of such taxes levied for municipal purposes would become delinquent, then the lien which would otherwise be imposed by this chapter shall not attach to such real property, and the costs of abatement as confirmed relating to such property shall be transferred to the unsecured tax roll for collection.

In such event, the city may notify the appropriate county officials that it will undertake collection of the amount owing from the property owner or owners at the time the abatement work was actually performed utilizing collection procedures applied with respect to other unsecured obligations due the city.

(Ord. No. 519, § 2, 4-22-2019)