Ione Municipal Code Ch. 8.16 Weed Abatement

Footnotes:

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Editor's note— Ord. No. 426, § 1, adopted April 21, 2009, amended chapter 8.16 in its entirety to read as herein set out. Formerly, chapter 8.16, §§ 8.16.010—8.16.140 pertained to weed and rubbish abatement, and derived from Ord. No. 351, § 2, adopted 1995, and Res. No. 1582, § 2, adopted 2007.

A. All weeds, as defined in Section 39561.5 of the California Government Code, dry grasses, dead shrubs, dead trees, rubbish, or any material growing upon the streets, sidewalks, or upon private property within the city, which bear seeds of a wingy or downy nature or which by reason of their size, manner of growth and location constitute a fire hazard to any building, improvements, crops or other property, and weeds and grasses which, when dry, will in reasonable probability constitute such a fire hazard, are declared to be a public nuisance.

B. Cultivated and useful grasses and pastures shall not be considered a public nuisance. However, if the fire chief or his authorized representative shall determine it necessary to protect adjacent improved property from fire exposure, an adequate firebreak may be required.

C. Any lot of less than two acres shall be cleaned of all debris prior to June 1st or the start of fire season, whichever occurs first.

Lots on which weeds, dry grass, or other non-cultivated or non-useful grasses and pastures exist, shall be mowed, and shall be cut to a maximum height of two inches so as to not constitute a fire hazard throughout the calendar year. Dry grass and/or weeds so mowed shall be removed from the premises and not allowed to remain on the lot.

D. Any lot of two acres or more shall either be cleaned of all debris or have a minimum 20-foot wide firebreak around the perimeter in place prior to June 1st or the start of fire season, whichever occurs first.

Firebreaks shall be disced around the entire perimeter of the lot. Scraping will also be allowed, provided that the scraped material is removed or spread evenly over the remaining unscraped property.

E. Weeds and/or dry grass which are disced, cultivated or rotor-tilled should be performed with equipment that will cut the sod growth loose and bury it under any growth existing at that time.

F. Dry leaves or wood chips hauled onto lots must be disced or turned under. If leaves or wood chips are being retained for the purpose of mulch or compost, they must be placed in a container so as to not constitute a fire hazard.

G. Maintenance of parkways are the responsibility of the abutting property owner.

(Ord. No. 426, § 1, 4-21-2009)

The owner, occupant, or agent of any lot or premises within the city who violates this chapter or permits a violation of this chapter upon any lot or premises owned, occupied or controlled by him or her, shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not less than $300.00 nor more than $1,000.00, or by imprisonment not exceeding six months, or by both such fine and imprisonment.

(Ord. No. 426, § 1, 4-21-2009)

Violations of this chapter may be enforced pursuant to Chapter 1.10. Alternatively, violations of this chapter may be enforced pursuant to the procedures set forth in Sections 39580 to 39585, inclusive, of the California Government Code. The city may collect costs of enforcing this chapter pursuant to the procedures set forth in Chapter 1.10 or as otherwise provided by state law.

(Ord. No. 426, § 1, 4-21-2009)