Fairfax Municipal Code Ch. 8.24 Abatement of Fire Hazards Associated with Flammable Vegetation and Other…

All rubbish, weeds, dry brush, dry grass and other rank growth, and all trimmings and cuttings thereof, or of trees, and all dead trees and all bushes, brush or grass or other matter which is in such state or condition as to be or become a fire menace because of the dryness thereof, or which are otherwise dangerous as a fire menace and which are on any lot or premises in the town, or on the sidewalk area in front of the lot or premises or adjacent thereto, are declared to be a public nuisance and shall be abated as herein provided.

(Prior Code, § 8.20.010) (Ord. 642, passed - -1995)

(A) The Fire Chief is authorized to require the abatement of any nuisance condition described in § 8.24.010. Notice requiring the abatement of the nuisance shall be given by mail to the owner of the property upon which, or in front of which, the nuisance exists at the owner’s address as shown on the last equalized assessment roll of the County of Marin.

(B) The notice shall contain the following:

(1) The street address and Assessor’s parcel number for the affected property;

(2) The date of inspection of the property by the Fire Department during which the nuisance was discovered;

(3) A description of the nuisance and its location on, or in front of, the property;

(4) The abatement action which the owner is required to take and a time limit for the abatement;

(5) A statement that if the owner fails to abate the nuisance within the prescribed time the Fire Department, or other town agent, will abate the nuisance; and

(6) A statement that if the Fire Department, or other town agent, is required to abate the nuisance, the cost of the abatement will be assessed as a lien against the property.

(Prior Code, § 8.20.020) (Ord. 642, passed - -1995)

(A) Should the abatement of the nuisance not be accomplished by the owner of the affected property within the period set forth in the notice requiring abatement, the Fire Chief is authorized to perform the abatement and shall keep an accurate account of the cost of the abatement.

(B) (1) The Fire Chief shall mail written notice of the cost to the owner of the affected property who may, within 15 days of the date of the mailing, request a hearing by the Fire Chief with respect to the cost.

(2) The decision of the Fire Chief shall be final.

(3) The cost of abatement, as finally fixed and determined by the Fire Chief, shall constitute a special assessment against the affected property.

(4) The Fire Chief shall also file a copy of the order confirming the assessment with the County Auditor and the amount of the assessment shall, thereafter, be collected at the time and in the manner of ordinary property taxes.

(C) If delinquent, the amount of the assessment shall be subject to the same penalties and procedure for foreclosure and sale provided for ordinary, property taxes.

(Prior Code, § 8.20.030) (Ord. 642, passed - -1995)