Chapter 8.12 — Burning regulations

The city council finds that the city is subject to climatological conditions which result in severe fire hazards, due to the rapid drying of weeds, dry grass, stubble, brush, litter or other flammable material, which endanger the public safety by the creation of such severe fire hazards. This chapter is enacted for the preservation of the public health, safety and welfare.

(Ord. 535 §7(part), 1993).

This chapter is adopted in addition to and alternate to existing statutes authorizing the city to abate certain nuisances, and shall not be sole means of such abatement.

(Ord. 535 §7(part), 1993).

The city council does declare the following to be public nuisances:

A.

Grass, weeds or other obstructions on sidewalks, parkways or streets;

B.

Weeds, rubbish or other material dangerous or injurious to neighboring property or the health or welfare of residents of the vicinity.

C.

Dry grass, stubble, brush, litter or other flammable material which endanger the public safety by creating a fire hazard.

(Ord. 535 §7(part), 1993).

The fire chief is charged with the obligation of enforcing the provisions of this chapter. The fire chief or the employees of the department of public works and acting under the supervision of the public works director may, after notice given as provided in this chapter, enter upon public or private land to abate the nuisances described in this chapter, or may employee a person or persons to perform the work of abatement; and in either case, the cost of such abatement shall be a lien upon the property and shall be collected as provided for in this chapter.

(Ord. 535 §7(part), 1993).

The fire chief shall cause to be compiled a record of parcels of property which contain seasonal and recurrent nuisances and defined in this chapter. Annually when the nuisances come in to being, notices shall be given to the owners of the property concerned, of proposed abatement of the nuisances, which notice shall be given as provided by the Government Code of California, Section 39567.1, which section is incorporated in this chapter by reference and by such reference made a part of this chapter.

(Ord. 535 §7(part), 1993).

Where the public works determines that efficient and economical control of seasonal and recurrent nuisances requires preventive chemical control of such nuisances, the notice provided for by Section 8.12.050 shall so state; and once the city has been required to abate the nuisance, the city may, in addition, before and during the next following germinating season of such weeds or grasses, provide for the preventive abatement of such nuisance by using chemical control of such weeds or grasses.

(Ord. 535 §7(part), 1993).

In the event the fire chief fails to find that climatological conditions have resulted in the creation of nuisances prior to May 31st of any year, then the notices provided for shall be given as soon after May 31st as is feasible, and shall be given to the property owners of the properties found to be a nuisance the preceding year, as well as any additional property owners who own property upon which there exists an actual nuisance as defined in this chapter.

(Ord. 535 §7(part), 1993).

Hearings upon the notice to abate, the abatement order, and collection of costs of abatement shall all be carried out as provided by Section 39568 through and including Section 39588 of the Government Code of California, all of which sections are incorporated herein by reference, and by such reference made a part of this chapter.

(Ord. 535 §7(part), 1993).