Los Angeles Municipal Code § 57.4906 Vegetation Management

Section 4906 of the CFC is hereby adopted in its entirety.

No person who has any ownership or possessory interest in, or control of, a parcel of land shall allow to exist thereon any hazardous refuse or hazardous weeds, trees, or other vegetation which, by reason of proximity to a building or structure, constitutes a fire hazard. For purposes of this section hazardous weeds, trees, or other vegetation are defined as weeds, trees, or other vegetation which are in such condition and location as to provide a ready fuel supply to augment the spread or intensity of a fire. Nothing contained in this subsection shall be deemed to preclude the Chief from requiring more than the minimum specific requirements set forth above when the Chief determines that conditions exist which necessitate greater fire protection measures.

Each person who has any ownership or possessory interest in, or control of, a parcel of land shall comply with the requirements set forth in Sections 57.4906.5.1.1.1 through 57.4906.5.1.1.10.

Remove from the property all dead trees, and maintain all weeds and other vegetation at a height of no more than three inches, except as otherwise provided therein, if such weeds or other vegetation are within 100 feet of a building or structure located on such property or on adjacent property. This requirement does not apply to the maintenance of trees, ornamental shrubbery or plants which are used as ground cover provided such do not provide a ready fuel supply to augment the spread or intensity of a fire; nor does it apply to a native shrub, provided such shrub is trimmed up from the ground to 1/3 of its height; does not exceed 216 cubic feet in volume; is spaced at a distance of not less than three times its maximum diameter, but not less than 18 feet from the edge of any other native shrub, building or structure; and all dead wood and other combustible material within 18 feet of such shrub is removed except as provided above.

Maintain trees which are 18 feet or more in height and are within 100 feet of any building or structure or within 10 feet of that portion of any highway, street, alley or driveway which is improved or used for vehicle travel or other vehicular purposes, so that no leafy foliage, twigs, or branches are within 6 feet of the ground. Trees and shrubs less than 18 feet shall be trimmed up 1/3 their height.

Remove any portion of a tree which extends within 10 feet of the outlet of a chimney or stovepipe.

Keep all trees, shrubs, and other growing vegetation or portions thereof adjacent to or overhanging any building or structure free of dead limbs, branches and other combustible matter. Maintain 5 feet of vertical clearance between roof surfaces and portions of trees overhanging any building or structure.

Maintain the roofs of all buildings or structures free of leaves, needles, twigs and other combustible matter.

Maintain all weeds and other vegetation located within 10 feet of any combustible fence or an edge of that portion of any highway, street, alley or driveway improved or used for vehicular travel or for other vehicular purposes at a height of not more than 3 inches. This shall not require the removal of trees, ornamental shrubbery or plants which are used as ground cover, provided such do not provide a ready fuel supply to augment the spread or intensity of a fire, nor require the removal of native shrubs which meet the requirements set forth in Section 57.4906.5.1.1.1.

Clear all hazardous vegetation and other combustible growth within the first 100 feet surrounding structures as required by this section. Reduce the amount and/or modify the arrangement of hazardous vegetation within the area comprising the second 100 feet for a total distance of 200 feet from any structure unless otherwise specified by the Chief. The work required shall be set forth in the Notice of Noncompliance.

Maintain all landscape vegetation, including, but not limited to, conifers (e.g., cedar, cypress, fir, juniper, and pine), eucalyptus, acacia, palm and pampas grass in such a condition as not to provide an available fuel supply to augment the spread or intensity of a fire. The Notice of Noncompliance citing violations of this subsection will specify that such landscape vegetation poses a threat to buildings or structures in the vicinity and may cause them to be indefensible, and shall describe the work required to be done.

Nothing contained in this subsection shall be deemed to preclude the Chief from requiring more than the minimum specific requirements set forth above when the Chief determines that conditions exist which necessitate greater fire protection measures.

All individuals performing grass or brush clearance activities in the VHFHSZ shall adhere to the following specific requirements:

1. Grass or brush clearance operations shall not be conducted on red flag days.

2. Individuals engaged in grass or brush clearance operations shall not engage in any other activities during their actual clearance of grass or brush.

3. Individuals engaged in grass or brush clearance operations shall use an appropriate extinguishing agent immediately to extinguish a fire.

4. All fires, regardless of size, shall be reported immediately via the 9-1-1 system to the Fire Department.

5. A Class 2-A two (2) gallon water fire extinguisher, pressurized garden hose with attached nozzle (fully open), or comparable pressurized Class 2-A extinguishing device, shall be within 10 feet of any grass or brush clearance operation.

6. Where a gasoline container is present at the site of the grass or brush clearance operation, a minimum 4A 60 B:C dry chemical fire extinguisher shall be within 10 feet of the brush clearance operation.

7. A cell phone capable of dialing 9-1-1 shall be charged and readily accessible to the grass or brush clearance operation.

8. A safety strap shall be used at all times for any tool or appliance with hot exhaust. Hot exhaust shall not come in contact with any brush, grass, flash fuels, or other flammable material.

A first violation of this section shall be an infraction punishable by a fine not to exceed $250. A second and all subsequent violations of this section shall be subject to the provisions of Section 11.00 of the Los Angeles Municipal Code, including prosecution as an infraction or prosecution as a misdemeanor punishable by a fine not to exceed $1,000, by imprisonment in the County jail for a period not to exceed six months, or by both such fine and imprisonment. In addition to the aforementioned penalties, any violator convicted under this section, which resulted in a fire, may be liable for any civil cost recovery associated with the fire, as permitted by law.

A fee shall be charged for the inspection of properties in the City of Los Angeles to determine whether a violation of this section exists. The fee shall be determined and established in the same manner as provided for in Section 57.106.7. Provided, however, that prior to any inspection occurring, the owner of record of each property proposed to be inspected shall receive a notice advising the owner of the intended inspection, the cost thereof, that penalties will be imposed for nonpayment within the time period specified, and that the owner will not be billed if the owner elects to follow the procedure, or any of the procedures, described in the notice within the period of time specified in the notice. Any procedure which the property owner may elect to follow must be determined by the Fire Department to be one which will provide adequate assurance to the Department that the property does not contain hazardous vegetation as defined in Section 57.4906.5, a copy of which definition shall also be set forth in the notice, and which would not be unduly burdensome upon the property owner to accomplish. In the event an inspection occurs and the property owner is billed the cost of inspection, a penalty shall be imposed if the fee is not paid within the period of time specified in the billing document. Such penalty shall be 200% of the fee imposed, or the cost of rebilling, whichever is greater.

The Council finds that uncontrolled or high weeds, brush, plant material or other items prohibited under Sections 57.4906.5.1 through 57.4906.5.1.1.9 increase the danger of fire and thus constitute a public nuisance. If such condition exists, the Los Angeles Fire Department shall give notice to the owner of record to abate the nuisance within 15 days. The notice shall be either posted on the parcel or mailed to the owner, or both.

The notice shall state that the owner is required to abate the nuisance and that if the nuisance is not abated by the date specified therein, the City or its contractor may enter upon the parcel of land and remove or otherwise eliminate or abate the nuisance; that upon completion of such work, the cost thereof, including administrative costs, shall become a special assessment against that parcel; and that upon City Council confirmation of the assessment and recordation of that order, a lien shall attach to the parcel to be collected on the next regular property tax bill levied against the parcel.

In the event the nuisance is not removed or otherwise eliminated or abated by the date specified in the notice, the City or its contractor may enter upon the parcel and remove or eliminate the nuisance. The City department which causes the nuisance to be abated shall bill the owner of record for the cost of removal, or other elimination or abatement thereof, including administrative costs. Such administrative costs shall be determined and established in the same manner as provided for in Section 57.106.7. An itemized written report showing the date and cost of abatement work done by the City or its contractor, together with a proposed assessment with respect to the parcel involved, shall be submitted by said department to the Board of Fire Commissioners, hereinafter sometimes referred to as the “Board,” for its consideration.

The Board shall thereupon cause a written notice to be mailed to each owner of record. The notice shall identify the property in question and shall state that:

1. A nuisance, as identified in the notice, has been abated on the property;

2. A bill setting forth the cost of abatement has been mailed to the owner and a copy of the report setting forth the cost of abatement will be available for inspection at a specified location;

3. The City proposes to assess the owner for the cost of abatement; and

4. There will be a public hearing with respect to the proposed assessment and the amount thereof at the time, date and location designated in the notice.

The owner may appear before a hearing examiner at the time, date and location specified in the notice or may request to appear at an alternate later time and/or date, and may appear at that alternate time and/or date if so designated by the hearing examiner. Upon any such appearance, the owner will be given the opportunity to present evidence to show cause why the property should not be assessed for the cost of abatement or not be assessed in the amount specified in the bill.

Any written objections to the proposed assessment, and/or requests for an alternate hearing date, submitted to the hearing examiner must identify therein the parcel of property proposed to be assessed. The notice, or copy thereof, may, but need not, be used for that purpose and in the event the hearing examiner agrees to an alternate time or date for the owner’s appearance, the Department will notify the owner as to that alternate time and/or date. Written objections to the proposed assessment may be submitted to the hearing examiner, but must be submitted prior to the commencement of the scheduled hearing.

On the date specified in the notice or on any date thereafter to which continued, the Board of Fire Commissioners, or its designee, shall act as the City’s hearing examiner and shall conduct a hearing, consider the report setting forth the cost of abatement, receive testimony from Department personnel and others with respect to the existence of a nuisance and cost of abatement, and consider the testimony and other evidence of property owners who appear at the hearing.

After the hearing has been closed, the hearing examiner shall prepare a report and proposed decision to be presented to the City Council based upon all of the evidence presented at the hearing. The report shall identify and include the name and mailing address of the owner of each parcel from which a nuisance was abated and for which a notice of hearing and proposed assessment had been given. The hearing examiner shall include its findings, conclusions, recommendations and proposed decision in its report to the Council with respect to each parcel, and whether the proposed assessment should be:

1. Confirmed in the amount set forth in the notice;

2. Disallowed; or

3. Confirmed in an amount less than that set forth in the notice.

In each event, the hearing examiner shall include the reasons for its recommendations. The report shall fairly and accurately represent the hearing proceedings, including the objections and other testimony of each party who appeared at the hearing and the hearing examiner’s evaluation thereof. Upon adoption of the report by the Board, as hearing examiner, or concurrence in the report by the Board if the duly appointed hearing examiner was other than the Board, the report and proposed decision with respect to contested proposed assessments, as well as the Board’s recommendations and report with respect to all other proposed assessments, shall be transmitted to the City Clerk’s office for placement upon the Council calendar not less than 15 days after its receipt. The proposed decision in each such event shall be in such form that it may be amended as the decision of the City Council. If the hearing was conducted by other than the Board, and after a review of the report the Board does not concur with the recommendations therein, the Board may refer the matter back to the hearing examiner for further review, and a hearing if necessary, or the Board may conduct a hearing de novo as the hearing examiner, after due notice, and prepare its own decision and recommendations for Council consideration.

Where there has been a contested proposed assessment, the Board, on behalf of and in the name of the City Council, shall concurrently cause a copy of the hearing examiner’s proposed decision in the matter to be transmitted to each property owner that appeared at the hearing, along with a Fire Department telephone number and location where a copy of the hearing examiner’s complete report is available for inspection. The Board shall include in its transmittal to property owners a notice of the alternate actions available to the City Council as set forth herein below and a notice that they may submit in writing to the City Clerk any information of newly discovered or additional evidence within 15 days from the transmittal date shown on the copy of the proposed decision. The City Council shall review the report and proposed uncontested assessments transmitted by the Board and shall also review the report, evidence, and proposed decision received from the hearing examiner and shall by motion or resolution:

1. Adopt the findings and proposed decision and confirm the assessment;

2. Adopt findings and reduce the assessment set forth in the proposed decision and confirm the assessment as modified;

3. Determine to hear and decide the case upon the record, and any newly discovered or additional evidence offered by the property owner, afford the property owner the opportunity to present, at a date certain,

either oral or written argument before the Council, adopt findings, and based upon evidence presented, determine and confirm the amount of any assessment in the matter; or

4. Refer the matter back to the hearing examiner if the Council is satisfied that information of any material newly discovered or additional evidence has been received, or that additional evidence or review is

needed before a final decision is made. If the matter is so referred, the City Clerk shall return the complete file on that parcel and proposed assessment to the hearing examiner. Upon receipt thereof, the hearing examiner shall reset the matter for hearing any additional evidence, give due notice thereof, and conduct the hearing for that purpose, and shall thereafter submit another report and proposed decision to the City Council for its review and decision in the same manner as heretofore described.

Whenever a report and proposed assessment decision provided for by this Code section has been calendared for Council consideration, the City Clerk shall retain a copy of the report and have it available for public inspection prior to and during the course of Council deliberation in the assessment proceedings.

The action of the City Council adopting a proposed decision or a modified proposed decision and an order confirming an assessment shall be final.

The cost of removal, or other elimination or abatement of a nuisance from in front of or on a parcel of land shall constitute a special assessment against that parcel. After an assessment is made and confirmed by the City Council pursuant to Section 57.4906.5.3, a lien shall attach to the parcel upon recordation in the Office of the County Recorder of a copy of the order confirming the assessment. The connection of such assessment and enforcement of the lien shall be in the manner provided in Sections 39578 through 39588 of the Government Code, incorporated herein by reference as set forth on the effective date of this section or as said provisions may be amended or otherwise appear in the law.

As an alternative method for the collection of the cost of abatement, the City may maintain an action of law thereof against the owner of the premises upon which the nuisance was maintained in any court of competent jurisdiction. Such cost shall be deemed a personal obligation of such owner.

Nothing contained in this subsection shall be deemed to preclude the Chief from requiring more than the minimum distances for firebreaks when the Chief determines that hazardous conditions exist that necessitate greater fire protection measures.

Under uncodified Ordinance No. 172,652, eff. 7/25/99, a moratorium was imposed until January 1, 2000, on the collection of any penalty imposed by the City for late payment of the fee charged pursuant to Section 57.4906.5.2 for inspection of properties to determine the existence of a violation of Section 57.4906.5.

A fire on a parcel of land that is not in compliance with Section 57.4906.5 is a public nuisance. If the City incurs costs either in fighting a fire on a parcel of land that was not in compliance with Section 57.4906.5 at the time of the fire, or in fighting a fire that spread from that parcel, then the City shall recover the costs of abatement.

The costs of abatement shall include the costs of fighting the fire, providing rescue or emergency medical services and providing support services, including services from the Los Angeles Police Department and the Department of Water and Power. These abatement costs shall also include any costs incurred by the City in using City and non-City personnel.

All costs incurred pursuant to this section shall be a personal obligation against the person or persons, including mortgagees, who have an obligation to comply with Section 57.4906.5, recoverable by the City in an action before any court of competent jurisdiction. These costs shall include an amount equal to 40% of the cost to perform the actual work, but not less than the sum of $100.00, to cover the City’s costs for administering any contract and supervising the work required. In addition to this personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.

EXCEPTION: If costs are incurred by the City for or arising out of fighting a fire resulting from an event or course of events that prompted a declaration of a state of emergency, local emergency, war emergency or major disaster by the Mayor, the Governor, or the President of the United States, then no lien shall be recorded against a parcel of land pursuant to this section.