Big Bear Lake Municipal Code Ch. 8.92 Abatement of Hazardous Conditions

It shall be the duty of every owner, occupant, and person in control of any land or interest therein in the city of Big Bear Lake to abate from such land and from all parkways, all noxious weeds, needles, leaves or vegetation, dry grass, dead trees, and all combustible rubbish, debris, or noxious material that 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.

(Ord. 83-91 § 1 (part), 1983)

In the case of any parcel which comprises, or contiguous parcels under the same ownership which comprise more than five acres of land, the requirements of this chapter 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 which is not enclosed by itself within such a strip, which shall be a firebreak. It shall be the landowner's responsibility to notify the enforcing agency, in writing, if said landowner is desirous of utilizing those provisions for large parcels set forth in this section.

(Ord. 83-91 § 1 (part), 1983)

It shall be the duty of the fire chief or any of his deputies or designated personnel, whenever such officer deems it necessary to enforce the duty set forth in Sections 8.92.010 and 8.92.020, to issue a "notice to remove" by any or all of the following methods:

A. Mail to the owner as shown on the tax rolls. Such posting shall be first-class postage prepaid;

B. By personal service to the occupant, manager or controller of such property;

C. By posting the property.

(Ord. 83-91 § 3 (part), 1983)

The form "notice to remove" shall be substantially in the following form:

NOTICE TO REMOVE

Date _____

By virtue of Section 3 of Ordinance No. 83-91 of the City of Big Bear Lake YOU ARE HEREBY NOTIFIED TO REMOVE from your property described as

_____

or located at _____

___________ taken from the County of San Bernardino Assessor's Records which

Post Office

list the owner as _____

Name

of _____

specific mentioned items described as combustible rubbish, noxious or hazardous material and

_____

_____

If said items are not removed within twenty-one (21) days, the Fire Chief or other duly designated officer may order said items removed by public employees, private contractor, or other person, and the cost of the said removal shall be levied and assessed against the property as a special assessment lien, or billed directly to the property owner.

Any appeal from this order must be brought prior to the expiration of the said twenty-one (21) days, and directed to the undersigned officer, who will set the same for hearing before the Board of Appeals and notify you of the date of such hearing.

(Ord. 83-91 § 3(part), 1983)

Any person who is affected by the notice set forth in Section 8.92.040 may appeal to the board of appeals within the time for compliance with the order, by an appeal in writing filed with the issuing officer or department supervisor of such officer. Timely appeal shall stay any further action until the date set for hearing. The officer receiving the written appeal shall inform the issuing officer, who shall set the matter for hearing before the board of appeals and notify the appellant of the date set for such hearing, at least fifteen days prior to such date. If the appellant resides outside the city, the above period of notice shall be at least twenty-five days. The board of appeals shall act on the appeal, and its determination shall be conclusive. The board of appeals shall be the same body as designated to review appeals for the chief building official.

(Ord. 83-91 § 4, 1983)

If, in the sound discretion of the fire chief, or any of his deputies, complete removal of vegetation is an unnecessary or unreasonable method of insuring public safety from fire or other dangers against which this chapter is directed, he may, instead of ordering removal as set forth in Section 8.92.030, issue a "notice to abate," in substantially the same form as the "notice to remove" set forth in Section 8.92.040, except that:

A. The expression "notice to remove" and the word "remove" shall be replaced throughout by the expression "notice to abate" or the word "abate" respectively;

B. The notice shall specify the degree of abatement required, except that courtesy notices sent to other public agencies or entities need not so specify.

(Ord. 83-91 § 9, 1983)

Whenever a notice to abate is sent pursuant to Section 8.92.060, the procedures for appeal and for enforcement set forth in Sections 8.92.050 and 8.92.080 through 8.92.110, including the penalties set forth in Section 8.92.110, shall apply to appeal and enforcement of the order contained in the notice to abate and "abatement" shall be deemed substituted for the words "remove" and "removal," respectively, wherever the same appear in this chapter, and the abatement therein referred to shall mean that degree of abatement specified in the notice to abate.

(Ord. 83-91 § 10, 1983)

A. 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 may order weeds, dry grass, needles, leaves, or other combustible rubbish and debris to be removed by public officers or employees of the city, or may cause such weeds, dry grass, needles, leaves, or other combustible rubbish and debris to be removed by private contractor selected and approved by the city council, in the manner and under the terms specified by such council, and such removal occurs, as a special assessment, and such property shall be subject to a special assessment lien for said purpose. The amount of such lien shall be the actual cost of removal and disposal of such material.

B. However, if a substantial amount of weeds, needles, leaves, dry grass or other combustible rubbish and debris shall have been removed from the land to which the notice to remove was applied, and a period of eighty days has elapsed since the notice to remove was delivered, a second notice to remove pursuant to Sections 8.92.030 and 8.92.040, and the procedures set forth therefor shall be required prior to any removal of such matter by public officers.

(Ord. 83-91 § 5, 1983)

A. Procedure for Payment. When said removal has been completed, the fire department or officer so causing the same to be done shall render to the finance director an itemized statement covering work necessary for such removal. The finance director shall pay the same from the general funds of the city and by mail, the finance director 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 bill, the finance director shall certify to the county tax collector the demands remaining unpaid, together with the information required by law in such cases. The county tax collector 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, and are subject to the same penalties and the same procedure and sale in case of delinquency as provided in ordinary county taxes.

B. Appeals. Any appeal from these charges must be filed within sixty days from the date of billing or receipt of a tax bill which shows abatement charges. The appeal procedure shall be essentially the same as Section 8.92.050, and the appeal board's decision shall be conclusive.

C. Cancellation of Claim. All or any portion of any such special assessment, penalty, or costs heretofore entered, shall on order of the board of appeals be cancelled by the finance director if uncollected, or, except in the case provided for in subdivision 5 of this subsection, 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 or 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 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. The provisions of this section do not apply to cancellations.

(Ord. 83-91 § 6, 1983)

The fire chief of the Big Bear Lake fire protection district is empowered to enforce this chapter. The fire chief of the Big Bear Lake fire protection district may designate any person as his deputy in the performance of the duties enjoined upon him by this chapter.

(Ord. 83-91 § 2, 1983)

A. It shall be a misdemeanor for any person, natural or corporate, owning, possessing, or controlling any premises to fail to perform the duty set forth in Section 8.92.050, or to fail to comply with the requirements in the notice to remove set forth in Section 8.92.040, or to interfere with the performance of the duties specified in this chapter for any of the officers named in this chapter or their deputies, or to refuse to allow any such officers or their deputies or employees, or approved private contractors, to enter upon any premises for the purpose of removing any offending weeds or other material described in this chapter, or to interfere in any manner whatever with said officers in the work of removal provided in this chapter.

B. Any person, firm, company, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon arrest and conviction shall be punished by a fine of not in excess of five hundred dollars or imprisonment of not more than ninety days, or both such fine and imprisonment.

(Ord. 83-91 §§ 7, 8, 1983)