Mariposa County Municipal Code § 8.26 Clearing Of Brush 8.26.010 Mandatory Clearing Of Brush

Any person that owns, leases, controls, operates or maintains any building or structure in Mariposa county shall at all times do the following:

1. Maintain around and adjacent to such building or structure a firebreak made by removing and clearing away, for a distance of not less than thirty feet on each side thereof or to the property line, whichever is nearer, all flammable vegetation or other combustible growth. This subdivision does not apply to single specimens of trees, ornamental shrubbery, or similar plants which are used as ground cover, if they do not form a means of rapidly transmitting fire from the native growth to any building or structure;

2. Maintain around and adjacent to any such building or structure additional fire protection or firebreak made by removing all brush, flammable vegetation, or combustible growth which is located from thirty feet to one hundred feet from such building or structure or to the property line, whichever is nearer, as may be required by the county fire warden if he finds that, because of extra hazardous conditions, a firebreak of only thirty feet around such building or structure is not sufficient to provide reasonable fire safety. Grass and other vegetation located more than thirty feet from such building or structure and less than eighteen inches in height above the ground may be maintained where necessary to stabilize the soil and prevent erosion;

3. Remove that portion of any tree which extends within ten feet of the outlet of any chimney or stovepipe;

4. Maintain any tree adjacent to or overhanging any building free of dead or dying wood;

5. Maintain the roof of any structure free of leaves, needles, or other dead vegetative growth;

6. Provide and maintain at all times a screen over the outlet of every chimney or stovepipe that is attached to any fireplace, stove, or other device that burns any solid or liquid fuel. The screen shall be constructed of nonflammable material with openings of not more than one-half-inch in size.

HISTORY

Adopted by Ord. 550 Sec. 1 (part) on 7/1/1980 8.26.020 Exemption By Fire Warden

Except as otherwise required by state law, the county fire warden may adopt regulations exempting structures constructed entirely of nonflammable materials and which otherwise pose no fire danger to surrounding areas from the provisions of this chapter, or any portion thereof, provided a written consent to interior and exterior inspection of any such building or structure at any time necessary to determine compliance therewith is on file with the fire warden.

HISTORY

Adopted by Ord. 550 Sec. 1 (part) on 7/1/1980 8.26.030 Enforcement

This chapter may be enforced by any peace officer, the county fire warden, any state fire warden, deputy state fire warden, United States forest officer, or any person empowered to make arrests under the provisions of sections 4151 and 4156 of the Public Resources Code of the state.

HISTORY

Adopted by Ord. 550 Sec. 1 (part) on 7/1/1980 8.26.040 Violation--Penalty

Each and every separate calendar day upon which a violation of this chapter occurs shall constitute a separate violation as provided in section 1.20.040 of this code. The penalty for violation of any of the provisions of this chapter shall be an infraction as described in Section 1.20.030 of this code; the provisions of this chapter may also be enforced by injunction issued by the superior court upon suit of the county or the owner or person in possession of any real property affected by such violation; civil enforcement shall be cumulative and in no way affect the penal provisions hereof.

HISTORY

Adopted by Ord. 550 Sec. 1 (part) on 7/1/1980