El Dorado County Municipal Code Ch. 8.11 Mosquito Fire Consolidated Debris Removal Program

This chapter shall be known as the Mosquito Fire Consolidated Debris Removal Program Ordinance.

(Ord. No. 5169, § 2, 11-15-2022)

Alternative program, for purposes of this chapter, means the requirements for inspections, clean up and disposal established by the County for property owners that opt out of or are ineligible for a consolidated program.

Board means the County of El Dorado Board of Supervisors.

Consolidated Debris Removal Program or Consolidated Program means the fire debris removal program operated by the County for the Mosquito Fire area in conjunction with other State and Federal agencies and involving the removal and disposal of fire debris on eligible private property at no cost to the property owner.

County shall be defined as the County of El Dorado.

County Building Official means the Deputy Director/Building Official or designee.

County Health Officer means the County of El Dorado Public Health Officer.

Director means the Director of Environmental Management Department, or any person as designated by the Chief Administrative Officer of the County.

Fire debris means ash or other debris, resulting from the Mosquito Fire that is intended to be discarded, but does not include structures or portions thereof.

Immediate hazard trees means wildfire-damaged trees that have been so damaged by the fires that their structural integrity is compromised, and they pose an immediate threat of falling onto work crews or obstructing their access to the debris clearance site.

Phase I means the household hazardous waste cleanup performed by the United States Environmental Protection Agency and/or Department of Toxic Substances Control on certain properties impacted by the Mosquito Fire.

Phase II means the ash and debris cleanup work performed pursuant to the Consolidated Program and/or the Alternative Program.

Removal of fire debris, as used in this chapter, includes all cleanup of debris from structures and immediate hazard trees resulting from the Mosquito Fire, including removal, transport and disposal of fire debris, but it does not include the removal of personal property from residential sites unless such removal of personal property involves cleanup and the removal of ash from the property.

Right of Entry Permit means the Debris Removal Right-of-Entry Permit (For Providing Fire Debris Removal on Private Property under the Consolidated Debris Removal Program) approved by the Director for the County and/or the California Office of Emergency Services for use in the cleanup after the Mosquito Fire.

(Ord. No. 5169, § 2, 11-15-2022)

The ordinance from which this chapter is derived shall take effect immediately upon its approval by at least four-fifths vote of the Board of Supervisors pursuant to Government Code Section 25123(d), and shall remain in effect until the later of the cleanup of all fire debris on all fire-damaged properties from the Mosquito Fire or the completion of all enforcement matters related to this chapter, if any.

(Ord. No. 5169, § 2, 11-15-2022)

No removal of fire debris shall occur unless and until a hazardous materials inspection meeting applicable Department of Toxic Substances Control (DTSC) guidelines has been conducted except pursuant to the requirements of the table below. Notwithstanding the foregoing, immediate hazard trees may be removed from vacant properties or properties on which no structures were damaged without a hazardous materials inspection, subject to the other requirements of this chapter.

(Ord. No. 5169, § 2, 11-15-2022)

A. Consolidated Program. Property owners that, pursuant to the rules established by the Consolidated Program that will be set forth in guidelines provided by the Director, are eligible for the removal of some or all of the fire debris on their properties through the Consolidated Program, may elect to use the Consolidated Program by submitting a Right of Entry Permit to the Director, which includes an assignment of any insurance proceeds covering the costs of the fire debris removal. Such Right of Entry Permit must be submitted to the Director by the deadline as provided by the Director. The Director may extend this deadline as necessary and appropriate to facilitate the cleanup, avoid undue hardship, and to protect public health and safety, and to the extent any such extensions are approved by the Consolidated Program.

B. Alternative Program.

1. Administration. The Director shall administer the Alternative Program. The Director shall utilize applicable State and/or Federal standards for the safe removal and disposal of fire debris and immediate hazard trees, consistent with the cleanup goals of the Consolidated Program, and incorporate additional requirements as necessary to address changes in conditions, needs, or technologies in order to effectively remove fire debris and immediate hazard trees from the community. The Director shall prepare procedures and requirements for the removal of fire debris and immediate hazard trees and make such procedures and requirements available to the public. The Director shall also adopt an application that discloses the appropriate licensed contractors and appropriate plans to meet such procedures and requirements.

2. Participation. Property owners that are not eligible for the Consolidated Program or who elect not to participate in the Consolidated Program for the removal of some or all of the fire debris and immediate hazard trees on their properties must comply with the requirements of the Alternative Program. Under the Alternative Program, before any fire debris and immediate hazard trees are removed from a property, the owner shall submit the application adopted by the Director to the Director. Work shall not begin until the Director approves the application, and the property owner obtains all applicable permits from the County Building Official.

3. Completion. The Director shall establish an end date or deadline by which properties in the Alternative Program must be cleaned up. Upon the completion of the removal of fire debris and immediate hazard trees under the Alternative Program, the property owner shall submit to the Director documentation that demonstrates the removal of fire debris and immediate hazard trees was completed in compliance with applicable standards and requirements as established by the Director. Properties that have not completed removal of fire debris and immediate hazard trees under the Alternative Program by the deadline established by the Director are hereby declared a public nuisance and health hazard and shall be subject to nuisance abatement pursuant to Section 8.11.500.F of this chapter.

4. Deadline. The Director shall establish an end date or deadline by which property owners who are not participating in the Consolidated Program must submit an Alternative Program application to the Director in accordance with Section 8.11.500B.2 of this chapter. Such properties that have fire debris from structures damaged or destroyed in the Mosquito Fire or immediate hazard trees damaged or destroyed in the Mosquito Fire that have not submitted an application for the Alternative Program by that date are hereby declared a public nuisance and health hazard and shall be subject to nuisance abatement pursuant to Section 8.11.500.F of this chapter.

5. Extensions. The Director may extend deadlines under the Alternative Program as necessary and appropriate to facilitate the cleanup, avoid undue hardship, and to protect public health and safety.

C. Restrictions on building permits. No building permit from the County to demolish, repair, or reconstruct a structure that has been damaged or destroyed by the Mosquito Fire shall be issued until fire debris cleanup is completed on the affected property in accordance with the Alternative Program or the Consolidated Program. Any permit for the demolition, repair, or reconstruction of a structure that has been damaged or destroyed by the Mosquito Fire shall be held in abeyance and not acted upon until fire debris cleanup is completed on the affected property and completion is confirmed to the County Building Official, either through the Alternative Program or the Consolidated Program. Notwithstanding the foregoing, a demolition or miscellaneous permit issued by the County Building Official may be required for removal of fire debris for work involving the removal of buildings, structures, or portions thereof, as determined by the Director.

D. Exigent circumstances. The Board's intent is to facilitate an orderly remediation of large-scale disasters. Nothing in the deadlines as set forth by this chapter shall limit the authority of the County or any County official to abate hazards more quickly where required by exigent circumstances. Nothing in this chapter shall limit the authority of the County or any County official to take any enforcement action or pursue any available remedies, including, without limitation, requiring preventive measures as defined in California Health and Safety Code Section 101040.

E. Public nuisance. Properties that have fire debris from structures damaged or destroyed in the Mosquito Fire that have neither an approved Right of Entry permit for the Consolidated Program nor an approved application for the Alternative Program by the deadlines established by the Director are hereby declared a public nuisance and health hazard and are subject to abatement.

F. Enforcement and abatement.

1. General enforcement. When the Director determines that an activity is being performed in violation of this chapter or that a public nuisance exists under this chapter, chapter, the Director may initiate enforcement action pursuant to Chapter 9.02, Article I, of this Code, and may seek imposition of costs and civil penalties. Nothing in this section is intended to preclude alternate enforcement mechanisms under other applicable laws, including, but not limited to, health officer orders pursuant to California Health and Safety Code Section 101040.

2. Summary abatement. Pursuant to the authority of Cal. Const., art. XI, Section 7; California Health and Safety Code Section 101040, California Government Code Section 25845, and El Dorado County Code, if the Director determines that a violation of this chapter constitutes an immediate threat to public health or safety, the Director may summarily abate the condition upon satisfaction of the summary abatement procedures set forth below, as applicable.

a. Pre-abatement notice. Unless emergency conditions preclude doing so, the Director shall issue a summary Abatement Notice and Order with property owner(s) as listed on the last equalized tax roll. A summary of the Notice and Order shall be posted in a conspicuous location on the property to be abated at least ten calendar days prior to the summary abatement action.

b. Appeal and waiver. The property owner(s) or any person or entity having a legal interest in the property may submit a written appeal of the Director's Order to the Director or the Director's designee, by United States mail, overnight mail, or personal delivery, no later than 15 calendar days from the date the Director mailed or delivered the Notice and Order. The written appeal shall state the basis for the appeal. The Director or the Director's designee shall review the appeal, if the appeal is timely, and shall issue a written decision no later than ten calendar days after receipt. The Director's or the designee's decision on the appeal shall uphold, rescind or modify the determination of the Notice and Order. The Director's or the designee's decision on the appeal shall be final. A copy of the Director's or the designee's determination shall be delivered, promptly upon its issuance, to the appellant by United States mail or personal delivery at the address listed on the last equalized tax roll or such other address provided by the appellant. Failure to appeal within the time prescribed shall constitute a waiver of the right to contest the summary abatement.

c. Post-abatement notice. After the summary abatement is completed, the Director shall promptly deliver to the property owner(s) a post-abatement notice indicating:

(1) The action taken by the County;

(2) The reasons for the actions;

(3) A statement of the costs, expenses and attorney's fees, if any, of the abatement and a request that the costs be paid by the property owner(s) to the County within 60 calendar days; and

(4) That a lien will be recorded against the property if the property owner(s) fail(s) to pay the requested abatement costs within 60 calendar days.

The post-abatement notice shall be delivered by Untied States mail or personal delivery.

G. Judicial enforcement action. County Counsel is authorized to initiate judicial enforcement as to a violation of any provision of this chapter without further Board approval.

H. Remedies not exclusive. The remedies identified in this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal, available at law or in equity.

(Ord. No. 5169, § 2, 11-15-2022)