Big Bear Lake Municipal Code Ch. 8.72 Refuse and Weed Abatement

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Prior ordinance history: Ord. 82-72.

It shall be the duty of every owner, occupant and person in control of any land or interest therein in the city to abate therefrom and from all sidewalks, parkways and from any public highway or any public road easement adjacent to such land, all noxious weeds or vegetation, dry grass, Russian thistle (tumbleweeds), dead trees, and all combustible rubbish or vegetation that constitutes a fire hazard, which may endanger or injure neighboring property, or the health, safety or well-being of persons or property. In the case of any parcel or contiguous parcels under the same ownership upon which exists over five contiguous acres of vegetation which may constitute a fire hazard, the requirements of this section shall be satisfied if there is cleared, and maintained cleared, a forty-foot-wide strip of land at the boundaries of such land, and through such land so that there shall not be any portion of the land larger than two and one-half acres that is not enclosed by itself within such a strip, which shall be a firebreak. The city may require firebreaks exceeding this forty-foot width or solid disking of larger than five-acre parcels if larger breaks or solid disking are deemed necessary for the protection of the public health, safety and welfare, and where the neighboring properties are very sensitive to the effects of a fire, including, but not limited to, schools, hospitals, mobilehome parks, retirement residences and chaparral/developmental interfaces. It shall be the landowner's responsibility to notify the enforcing agency, in writing, if said landowner is desirous of utilizing those provisions for firebreaks as set forth in this section.

(Ord. 95-263 (part), 1995)

The city finds that within the San Bernardino National Forest, a unique problem arises from several factors, including storms and various forms of precipitation, causing live trees to become unstable and hazardous to lives and property. Within the boundaries of the San Bernardino National Forest, the provisions of this chapter shall apply to any live tree which constitutes a fire, health or safety hazard or which may endanger or injure neighboring property, or the health, safety or well-being of persons or property; and it shall be the duty of every owner, occupant and person in control of any land or interest therein within such area of the city to abate therefrom and from all sidewalks, parkways and from any public highway or any public road easements adjacent to such land any such hazardous tree.

(Ord. 95-263 (part), 1995)

For the purposes of enforcing this chapter, the city may designate any person as its deputy in the performance of the duties enjoined upon them by this chapter.

(Ord. 95-263 (part), 1995)

A. It shall be the duty of the city or any of its deputies, whenever such officer deems it necessary to enforce the duty set forth in Section 8.72.010 of this chapter, to issue a notice and order to abate by any or all of the following methods:

1. Mail to the owner as shown on the tax rolls;

2. By personal service;

3. By posting the property.

B. The form "Notice and Order to Abate" shall include, at a minimum, the following information:

1. List of hazards;

2. List of locations;

3. Due date by which abatement must be completed;

4. Appeal rights;

5. Landowner's name and address (situs and assessor's);

6. Parcel number of affected property.

C. The notice and order to abate shall be placed in the mail by the issuing agency at least thirty days prior to the "due date" for abatement on the notice.

D. A noncompliance notice and order is sent when the owner has partially removed the fire hazard or notified the agency that the hazard has been abated, and the agency determines that the fire hazard still exists. A noncompliance notice and order shall be placed in the mail by the issuing agency at least ten days prior to the "due date" for abatement on the notice.

E. When a fire hazard or hazardous tree constitutes an immediate hazard or threat of harm and the situation calls for abatement sooner than the abatement procedures herein otherwise allow, the enforcement officer may take or cause emergency abatement of such hazard with such notice to parties concerned, or without notice, as the particular circumstances reasonably allow.

(Ord. 95-263 (part), 1995)

A. The appeal procedures for notice and order to abate will be governed by the initiating agency.

B. Any person who is affected by the city notice and order to abate may appeal to the appropriate board as defined in subsection D of this Section within the time for compliance with the order, by submitting the appeal in writing to the issuing officer or department supervisor of such officer.

C. The written appeal for county notice and orders must be accompanied by a fee for the cost of the appeal as established by the county fee schedule.

D. The fire hazard board of appeals (county) shall consist of three persons designated by the county. The city board of zoning adjustment shall serve as the city's board of appeals.

E. A timely appeal shall stay any further action until the appeal is determined.

F. The officer receiving the written appeal shall inform the issuing officer, shall set the matter for hearing before the fire hazard board of appeals or the board of zoning adjustment and shall notify the appellant of the date set for such hearing, at least fifteen days prior to such date.

G. The fire hazard board of appeals or the board of zoning adjustment shall act on the appeal and its determination shall be final.

(Ord. 95-263 (part), 1995)

A. If a period of ninety days has elapsed since the due date for abatement of the hazard listed on the notice and order to abate, another notice and order to abate shall be issued and the procedures set forth in Section 8.72.040 shall be required prior to any abatement.

B. If, at the end of the time allowed for compliance in the original notice or as extended in cases of appeal, compliance has not been accomplished, the officer issuing the notice or the agency of which he is an officer, may order the items listed in Section 8.72.010 to be removed by public officers or employees of the agency, or may cause such items to be removed by a private contractor selected and approved by the governing board of said agency, in the manner and under the terms specified by such governing board. In the event that the city causes such removal, the costs of removal shall be levied against the property as a special assessment lien.

(Ord. 95-263 (part), 1995)

A. Procedure for Payment. When said removal has been completed, the agency or officer so causing the same to be done shall render to the county auditor an itemized statement covering work necessary for such removal. The auditor shall pay the same from the funds of the agency or officer causing the work to be done, and by mail, the agency shall present to the owner a demand for payment. If payment is not made on behalf of the owner within sixty days after mailing such a bill, the agency shall certify to the auditor the demands remaining unpaid, together with the information required by law in such cases. The county auditor shall cause the amount of the same to be entered upon the property from which removal was accomplished, and the said special assessment and tax shall be included upon the next succeeding tax statement. Thereafter, the amounts of the assessment shall be collected at the same time and in the same manner as county taxes are collected, and are subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes, except that if any real property to which such lien would attach 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 such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the costs of abatement, as confirmed, relating to such property shall be transferred to the unsecured roll for collection. If the property is tax-exempt, collection may be made by any appropriate means.

B. Appeals. Any appeal from these charges must be filed within sixty days from the date of billing or date of mailing of a tax bill which shows abatement charges, if and only if, no bill was received by the appellant. The appeal procedure shall be essentially the same as Section 8.72.050 of this chapter, and the appeal board's decision shall be conclusive.

C. Cancellation of Lien. All or any portion of any such special assessment, penalty or costs heretofore entered, shall on order of the board of appeals be canceled by the auditor if uncollected, or, except in the case provided for in subsection (C)(5) of this section, refunded by the county treasurer if collected, if it or they were entered, charged or paid.

1. More than once;

2. Through clerical error;

3. Through the error or mistake of the board of appeals or of the officer, board or commission designated by them to give notice to destroy the weeds, in respect to any material fact, including the case where the cost report rendered and confirmed as hereinbefore provided shows the city abated the weeds but such is not the actual fact;

4. Illegally;

5. On property acquired after the lien date by the state or by any county, city, school district or other political subdivision and because of this public ownership, not subject to sale for delinquent taxes.

D. Procedure for Refund of Payment. No order for a refund under subsection C of this section shall be made except on a claim:

1. Verified by the person who paid the special assessment, his guardian, executor or administrator;

2. Filed within three years after making the payment sought to be refunded.

E. The provisions of this section do not apply to cancellations.

(Ord. 95-263 (part), 1995)

A. Unless otherwise provided, any person, firm, partnership, corporation or other entity violating any provision of this chapter shall be guilty of an infraction or misdemeanor as hereinafter specified.

B. Each day or portion thereof such violation is in existence shall be a new and separate offense.

C. Any person so convicted shall be:

1. Guilty of an infraction offense and punished by a fine not exceeding one hundred dollars and not less than fifty dollars for a first offense;

2. Guilty of an infraction offense and punished by a fine not exceeding two hundred dollars and not less than one hundred dollars for a second offense;

3. Guilty of a misdemeanor for the third and any additional offenses and punished by a fine not exceeding one thousand dollars and not less than five hundred dollars or six months in jail, or both.

D. Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor.

E. Payment of any fine or service of a jail sentence shall not relieve a person, firm, partnership, corporation, or other entity from the responsibility of correcting the condition resulting from the violation.

F. In addition to the above penalties, the court may order that the guilty party reimburse the city for all of its costs of investigating, analyzing and prosecuting the enforcement action against the guilty party. The court shall fix the amount of any such reimbursement upon admission of proof of such costs by the county.

(Ord. 95-263 (part), 1995)