Eastvale Municipal Code Ch. 16.04 Abandoned or Neglected Orchards, Groves and Vineyards

(a) It shall be the duty of every owner, occupant and person in control of any land or interest therein, or premises which are located in the incorporated area of the city to abate therefrom, any dead or substantially dead orchard or grove trees, vines, crops, smudge pots, smudge pot fuels, ancillary equipment and dry grass and/or other flammable vegetation, that constitutes a fire hazard which may endanger or damage neighboring property and/or crops as provided subsection (b) of this section.

(b) Abatement of the neglected or abandoned orchard, grove or vineyard shall include, but not be limited to, the removal of dead or decaying plants or trees (excluding tree stumps no higher than six inches above the ground), leaves and branches and the removal of all weeds, trash, debris, smudge pots and smudge pot fuels as described subsection (a) of this section from the property and disposing of all such matter in a lawful manner.

(c) Abatement shall be carried out in conformance with all state and local environmental laws and regulations including, but not limited to, the Migratory Bird Treaty Act and Endangered Species Act.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

All neglected or abandoned orchards, groves or vineyards, as described in section 16.04.020, that constitute a fire, health or safety hazard, which may endanger or injure neighboring property or the crops thereon, or the health, safety or well-being of persons or property are declared to be a public nuisance, which may be abated by the city as provided hereinafter. The cost of abatement may be assessed against the land pursuant to this Code and Government Code § 25845 as a special assessment.

(1) In the case of any parcel or contiguous parcels under the same ownership or control consisting of five or less acres upon which such dead trees or vines, flammable vegetation and/or ancillary material exists, as described in section 16.04.020, which may constitute a fire hazard, the requirements of this section shall be satisfied if the trees are cut down and removed or chipped and the ground with its remaining vegetation disced or mowed, for the entire acreage.

(2) Where the acreage consists of more than five acres, the perimeter shall be cleared for a distance of 100 feet. On such parcels, the interior shall be separated into five-acre blocks with each block being surrounded by a cleared path 40 feet in width. Groves, orchards or vineyards that are adjacent to developed properties may require larger perimeter clearances, depending upon fuel loading and assets at risk as determined by the city fire chief or designee.

(3) The owner or possessor of the neglected parcel or parcels shall also dispose of all smudge pots and smudge pot fuels in a lawful manner, including the handling and disposing of such materials as hazardous waste when required.

(4) The city fire chief may order, if circumstances so require, that additional removal take place, and that specific standards be met as set forth in county Ordinance No. 546, the Public Resources Code or other recognized codes.

(5) Public agencies owning or controlling lands on which abandoned or neglected groves or orchards are situated shall work with the city fire chief to develop an appropriate abatement program.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

For the purpose of enforcing this chapter, the city fire chief may designate any person or persons as his deputy in the performance of the duties enjoined upon him by this chapter.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) It shall be the duty of the city fire chief, or any of his deputies, whenever such officer deems it necessary to enforce the duty set forth in section 16.04.020, to issue a written notice to remove by mailing to the owners of the neglected parcel or parcels as shown on the tax rolls and by posting the property with a notice to remove which shall be in substantially the form attached, as exhibit A, to the ordinance codified in this chapter.

(b) The city fire chief or the hazard reduction officer, as his designee, shall identify and rank in order of priority those parcels in the city which shall be posted and on which abatement shall be carried out in accordance with the following criteria:

(1) Assets at risk;

(2) Fire severity of the area; and

(3) Fire history of the area.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) Appeals procedure. Any person who is adversely affected by the notice set forth in section 16.04.050 may appeal to the board of appeals within 30 calendar days of the postmark on the notice to abate by filing a written appeal with the city fire chief in the city fire department. Timely appeal shall stay any further action for removal or abatement until a hearing is held. The city fire chief or designee shall promptly set the matter for hearing before the board of appeals and shall notify the appellant by mail of the date and time established for such hearing, at least 15 days prior to the date. If the appellant resides outside the city, the period of notice by mail before the hearing set forth in this subsection, shall be at least 25 days. 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 failure to timely file a written appeal with the city fire chief or to appear at the hearing before the board of appeals shall constitute a waiver of the right to a hearing and to appeal the decision of the city fire chief to abate the conditions on the property. The board of appeals shall decide the appeal and shall issue its decision which shall be a written recommendation to the city council. The city council may adopt the recommendation without further notice of hearing or may set the matter for a hearing de novo before the city council.

(b) Appeals boards. An appeals board shall be established by the city council.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

If, at the end of the time allowed for compliance in the original notice, or as extended in cases of appeal, or as specified by the board of appeals, compliance has not been accomplished, the city fire chief may order the dead trees, vines, other flammable vegetation, and ancillary materials such as smudge pots and fuel to be removed by public officers, public employees, or may cause the removal to be carried out by a private contractor selected by the city purchasing agent in accordance with applicable statutes and in the manner and under the terms specified by the city council. The cost of such removal accompanied by a reasonable administrative charge may be imposed as a special assessment lien upon the property, as authorized by Government Code § 25845. The costs so assessed shall be limited to the actual costs incurred by the city in enforcing abatement upon the parcels, including but not limited to payment to the contractor, costs of investigation, boundary determination, measurement, clerical personnel, consultant, attorneys' fees and an administrative cost to be set by the city council.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) Procedure for payment. When the removal has been completed, the agency or officer so causing the same to be accomplished shall render to the city, an itemized statement covering the costs of the work necessary for such removal. The city shall pay the same from the funds of the agency or officer causing the work to be done or from a funding source designated for this purpose. Thereafter, the agency shall present a written bill for payment to the owner. If complete payment is not made on behalf of the owner within 30 calendar days after the bill was mailed, the agency shall certify to the city that the bill remains unpaid, together with such other information as may be required by law. The city shall thereafter cause the charged amount to be entered upon the property from which removal was accomplished as a special assessment which shall be included in the next succeeding tax statement. Thereafter, the amount of the special assessment shall be collected at the same time, and in the same manner, as city taxes are collected, and shall constitute a lien if unpaid and shall be subject to the same penalties and the same procedure for sale, in the case of delinquency, as provided for ordinary city 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 attached 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, will not attach to such real property and the costs of abatement shall be transferred to the unsecured roll for collection.

(b) Recorded lien. Following the creation of a special assessment lien, a notice of abatement lien may be recorded. The notice shall identify the record owner or possessor of property, set forth the last known address of the record owner or possessor, set forth the date upon which abatement of the nuisance was ordered and the date the abatement was completed, and include a description of the real property subject to the lien and the amount of the abatement cost.

(c) Appeals. A person may appeal the billed charges to the board of appeals, by following the appeal procedure provided in section 16.04.060.

(d) Cancellation of claim. All or any portion of any such special assessment, lien, penalty or costs heretofore entered, shall, on order of the board of appeals, be cancelled by the city, if the charges were 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, in respect to any material fact, including the case where the cost report rendered and confirmed, as hereinbefore provided, shows the city abated the nuisance but such is not the actual fact;

(4) Illegally; or

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

(e) Procedure for refund of payment. No order for a refund under the foregoing section shall be made except on a written claim:

(1) Verified by the person who actually paid the special assessment, his guardian, executor or administrator; and

(2) Filed within one year after making the payment sought to be refunded.

(f) Authority to execute documents. The fire chief or designee shall have the authority to execute any document that may be required to release or extinguish an assessment or charge that has been recorded against a parcel.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

It shall be an infraction or misdemeanor (as charged in the discretion of the issuing officer or prosecuting attorney) for any person, natural or corporate, owning, possessing, occupying or controlling any lands or premises to fail to perform the duties set forth in section 16.04.020, or to fail to comply with the requirements in the notice to remove as specified in section 16.04.050, 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 officer or their deputies or employees, or approved private contractors, to enter upon any premises for the purpose of inspecting and/or removing any dead or neglected trees, vines, vegetation or ancillary materials hereinbefore described, or to interfere in any manner whatever with said officers or contractors in the work of inspection and removal provided in this chapter.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Upon conviction, punishment (if the offense was charged as a misdemeanor) shall be by a fine of not less than $100.00 or more than $1,000.00 and by imprisonment of not more than six months or both. Recovery of cost related to enforcement shall be as provided for in this Code.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The city council reserves its right to adopt reasonable rules, regulations and resolutions consistent with this chapter to enforce, interpret, and carry out the provisions of this chapter. Such rules may vary among different areas within the city.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)