Chapter 11.12 — ABATEMENT OF WEEDS, FLAMMABLE VEGETATION AND OTHER COMBUSTIBLE MATTER

The City Council hereby makes the following findings:

(a) The City of Canyon Lake has an arid climate with local climatic conditions that require that the City regulate the existence of weeds, flammable vegetation and other combustible matter and establish a year-round weed abatement program.

(b) Weeds, flammable vegetation, and other combustible matter constitute a fire hazard and are a danger to the public health, safety and welfare. The City Council declares that weeds, flammable vegetation, and other combustible matter are public nuisances and may be abated as provided in this Chapter.

(Ord. 240, passed 12-13-2023)

• (a) “Brush” means shrubs and short scrubby trees that grow close to the ground.

• (b) “Combustible matter” means heavy fuels, slash, refuse piles, dead trees or tree limbs (either standing or

downed), and any other highly flammable materials that may accumulate to cause a fire hazard to people or property.

(c) “Discing” means to remove weeds and flammable vegetation with an implement such as a harrow or plow that turns and loosens the soil with a series of disks.

(d) “Firebreak” means an area of property cleared of all flammable vegetation or other combustible matter that acts as a barrier to slow or stop the progress of fire.

(e) “Flammable vegetation” includes brush, Russian thistle, weeds, dry grasses of over three inches in height, or other dry or noxious plants that constitute a fire hazard and endanger people or property.

(f) “Heavy fuels” means materials of large diameter such as snag logs and large tree limbs that ignite and are consumed more slowly than flash fuels.

(g) “Refuse piles” means accumulations of flammable vegetation, rubbish and/or scrap materials, including, but not limited to, wastepaper, wood, hay, straw, weeds, litter or other flammable waste.

• (h) “Russian thistle” means a large, bushy plant, commonly known as “tumbleweed.”

(i) “Slash” means debris left after logging, pruning, thinning, or brush cutting, including, but not limited to, log chunks, bark, branches, stumps, and broken understory trees or brush.

(j) “Weeds” means any of the following materials that are capable of being ignited and endangering persons or

property: plants that bear seeds of a downy or wingy nature; annual grasses; sagebrush, chaparral, and any other brush that attains sufficiently large growth as to become a fire menace; and poison oak and poison ivy.

(Ord. 240, passed 12-13-2023)

It shall be the duty of every owner, occupant and person in control of any private land or interest in private real property within the City of Canyon Lake to abate therefrom, and from all sidewalks, trails, easements, and parkways on such property, all weeds, flammable vegetation, and other combustible matter. The procedures for abatement set forth herein are not exclusive but are in addition to other procedures set forth in this Code for the abatement of

nuisances. The obligation to abate all weeds, flammable vegetation, and other combustible matter shall comply with the following:

(a) Any parcel, or contiguous parcels under the same ownership, of five acres or less, shall be free of all weeds, flammable vegetation, and combustible matter. Removal of weeds, flammable vegetation, and combustible matter shall be provided by either of the following methods:

(1) The entire parcel or contiguous parcels shall be mowed so that the parcel is free of flammable vegetation and combustible matter and weeds are no higher than three inches above the soil; or

(2) Where fire hazard conditions, rocks or other physical obstructions make mowing impractical, the Fire Chief or his or her designee may authorize abatement by discing or any similar operation that cuts into and disturbs the soil. This type of abatement shall only occur after receipt of written authorization from the Fire Chief or his or her designee. Prior to any such abatement, the property must be watered in accordance with any Rule of the South Coast Air Quality Management District’s regarding the minimization of particulate matter in the ambient air and must be free of combustible matter.

(b) Any parcel, or contiguous parcels under the same ownership, of more than five acres shall have a firebreak of not less than 100 feet wide at the outside boundaries of the parcel, or the outside boundaries of the whole of the contiguous parcels. The creation of the firebreak shall comply with the methods described in Subsection (a) of this section. In addition, firebreaks shall be maintained such that no portion of the parcel or contiguous parcels shall be larger than two and one-half acres in area without a firebreak. For land that is used primarily for the grazing of livestock or planted for the harvesting of agricultural crops, firebreaks shall be not less than ten feet wide (instead of 100 feet wide). The Fire Chief or his or her designee may require firebreaks exceeding 100 feet in width when he or she deems it necessary for the protection of the public safety and welfare.

• (c) The roof of every structure shall be free of leaves, pine needles, and flammable vegetation.

• (d) No portion of any tree shall be within ten feet of the outlet of a chimney or stovepipe.

• (e) Any plant, tree, or shrub adjacent to or overhanging a building shall be free of dead or dying wood.

(f) Where any parcel or contiguous parcels under the same ownership are improved in a manner that prevents abatement in accordance with the requirements of this Section, the Fire Chief or his or her may authorize, or require, other means of abatement.

• (Ord. 240, passed 12-13-2023)

The following land is exempt from the provisions of this Chapter:

(a) Habitat conservation areas and land conservancies controlled by any government agency or nonprofit entity whose purpose is to protect endangered plant species, animals, historical or archaeological sites;

• (b) Land owned by the Federal government; and

• (c) Any land designated by the City for use as a wildlife corridor or for habitat conservation.

(Ord. 240, passed 12-13-2023)

(a) Whenever it is necessary to enforce the abatement requirements set forth in this Chapter, the Fire Chief shall bring forward to the City Council a resolution identifying the properties where weeds, flammable vegetation, and combustible matter are a public nuisance and giving notice of a public hearing on the matter.

(b) Following the passage of the resolution, the Fire Chief, or his or her designee, may issue a “notice to abate” to the owner or owners of the parcel or contiguous parcels identified in the resolution as shown on the Riverside County Assessor’s latest equalized assessment roll (“owner of record”) informing them of the abatement hearing.

(c) The notice to abate required by this section shall be sent by first class U.S. mail to the owner of record. In addition, a copy of the notice to abate shall be posted in a conspicuous place upon the property.

(d) The failure of the owner or occupant to actually receive such notice to abate shall not affect the City’s power to proceed as provided in this part, nor shall it invalidate any subsequent special assessment or lien against the subject property.

(e) The notice to abate required by this Section shall be in the form described in Sections 39563-39567.1 of the Government Code.

(Ord. 240, passed 12-13-2023)

When, in the opinion of the Fire Chief, or his or her designee, an extreme fire hazard exists that constitutes an immediate threat to the public health, safety, and welfare, the city may require the removal of such hazards within 72 hours after the posting of a notice to abate on the affected parcel without the need for a City Council resolution. Nothing herein shall authorize the entry upon private property without the owner's consent or possession of an abatement or inspection warrant, unless: (1) the Fire Chief, or his or her designee, determines that there is an immediate and imminent threat of injury to any person if immediate action is not taken, or (2) neither consent nor a warrant is otherwise required by law.

(Ord. 240, passed 12-13-2023)

The public hearing on objections shall be held in the manner described in Sections 39568-39570. (Ord. 240, passed 12-13-2023)

If the occupant or owner of the property fails to abate the hazardous conditions before the deadline stated in the notice to abate or within the time allowed by the City Council, the Fire Chief or his or her designee, may cause to be removed by City staff or a private contractor selected by the City Manager all such weeds, flammable vegetation or other combustible matter. The cost of such abatement, plus a reasonable administrative charge, may be imposed as a special assessment upon the property. The cost so assessed shall be limited to the actual costs incurred by the City, including payment to the public employees or the contractor to remove combustible matter, costs of investigation, boundary determination, measurement, clerical and other personnel, consultants, plus an administrative cost to be determined by resolution of the City Council.

(Ord. 240, passed 12-13-2023)

(a) After the City has completed abatement, the Fire Chief, or his or her designee, shall file a report with the City Clerk stating the abatement costs, plus the reasonable administrative charge.

(b) The City Clerk shall send, by certified U.S. mail, return receipt requested, a demand for payment and notice of special assessment to the owner of record that sets forth all abatement costs owed to the City. The demand for payment and notice of special assessment shall also be posted at a conspicuous place on the property.

(c) The City Clerk shall set the report for public hearing before the City Council at the first regular meeting that will be held at least 30 days after the demand for payment and notice of special assessment has been sent.

(d) The demand for payment and notice of special assessment shall require that the owner remit payment to the City within 30 days of the demand for payment.

(e) At the hearing, the City Council shall hear any objections or protests by persons who may be liable for the costs of abatement. The Council shall add related administrative charges and make such revisions or corrections to the report as it deems justified. The Council shall confirm the report by resolution.

(f) The City Clerk shall prepare and file with the County of Riverside a certified copy of the City Council resolution and the appropriate County officer or official shall enter each assessment in the County tax roll opposite the subject parcel of land. 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 procedures and sale, in case of delinquency, as municipal taxes. In accordance with Section 38773.5 of the California Government Code, all laws applicable to the levy, collection, and enforcement of the municipal taxes shall be applicable to the special assessment. (Ord. 240, passed 12-13-2023)