Chapter 9.25 — FIRE HAZARD ABATEMENT

This chapter is enacted by ordinance pursuant to the powers granted to the board of supervisors concerning abatement of hazardous fire hazards and rubbish as contained in Sections 14930 and 14931 of the Health and Safety Code of the state of California. Additional authority for abatement of nuisances, establishment of procedures, and establishment of property liens through the Board of Supervisors is provided in Sections 25845 and 25845.5 of the Government Code of the state of California. The board of supervisors does enact this chapter which shall be known as the fire hazard abatement ordinance.

It is the duty of every owner of real property within the unincorporated area of Merced County to prevent a fire hazard or nuisance as described in this chapter from arising on or existing on the owner's property.

(Ord. 1106, 1983; Ord. 1581 § 1, 1997; Ord. 1896 § 2, 2012)

The purpose of this chapter is to protect the lands, fields, lots and homes within unincorporated residential areas of the county from the danger of fire which may spread from one property to others. It shall be construed literally to that end.

The ordinance codified in this chapter is enacted to provide for the removal of fire hazards, rubbish, and other material that result in a fire hazard, and to establish a method of recovering cost for removal. To enhance the goal of reducing fire hazard risk, other processed material if it is abandoned, unused and contributes to a fire hazard environment may be cited for removal and removed by county after notice to the owner.

(Ord. 1106, 1983; Ord. 1581 § 1, 1997; Ord. 1896 § 2, 2012)

Fire hazards, rubbish, and other dangerous or injurious materials as defined by this chapter are declared to be a public nuisance and may be abated as provided herein. Additional hazards as defined in Section 9.25.040 are declared to be a public nuisance subject to abatement and liens when such hazards enhance the danger of fires or are health hazards.

(Ord. 1106, 1983; Ord. 1581 § 1, 1997; Ord. 1896 § 2, 2012)

"Enforcement officer" shall be a designee of the county fire chief which will include subordinate officers in the fire department duly appointed by the county fire chief to administer the provisions of this chapter. The enforcement officer is designated as the representative of the board of supervisors to support and enforce the provisions of this chapter to encourage voluntary reduction of hazards and enforce repayment of all abatement related costs incurred by the fire department including establishment of property liens relating to costs.

"Fire hazards" as used in this chapter, mean all fire hazards growing upon streets, sidewalks, or private property in the county of Merced, including any fire protection district, and includes any of the following:

• Fire hazards which bear seeds of a downy or wingy nature;

2. Sagebrush, chaparral, and any other brush or fire hazards which attain large growth as to become, when dry, a fire menace to adjacent improved property;

• Fire hazards which are otherwise noxious or dangerous;

4. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health;

5. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in an urbanized portion of an unincorporated area;

• Accumulation of garden refuse, cuttings, and other combustible trash;

7. Other organic matter as may be included in Section 14875 of the Health and Safety Code of the state of California.

"Hearing officer" shall be a delegated officer superior or equal in rank to the enforcement officer.

"Owner" means any person or entity claiming or in the process of perfecting a claim of ownership of real property in the unincorporated area of Merced County.

"Premises" means any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.

"Processed material," as used in this chapter, includes both organic material used to build or construct objects brought to the location and non-organic material and, without limitation, may include nonresidential structures with no current commercial or agricultural purposes such as fences, corrals, open sheds, and unsafe or neglected objects without potential for reasonable repair. For fire hazard purposes processed material subject to removal would include structures and equipment that reasonably appear to have been abandoned or unused which due to neglect or placement contributes to the danger of the spread of fire to other parcels, lots or structures. Owners may elect to remove equipment or provide reasonable information to overcome a determination of abandonment or neglect.

"Reasonable notification" means the effort to identify the owner or their responsible person including an address for notification. This is by contact with occupants of a parcel, by efforts to identify ownership through records of the county assessor's office, or by use of an address posted for the owner available to public view at the parcel.

"Responsible person" means the owner of any premises or any agent, lessee, or other person occupying or having charge of same. A condition of neglect and hazard not corrected by an informed occupant will create a presumption of responsibility by the title holder of the subject property.

(Ord. 1106, 1983; Ord. 1581 § 1, 1997; Ord. 1896 § 2, 2012)

Any owner or responsible entity who maintains the premises in a condition determined by the enforcement officer to be a public nuisance, as defined in Sections 9.25.030 and 9.25.040, is guilty of an infraction and upon conviction thereof shall be punished by a fine not to exceed $100 for the first day, a fine not exceeding $250 for the second day, and a fine not exceeding $500 for the third and each consecutive day thereafter that the property remains in violation of this chapter until the hazard or nuisance has been abated. The fines collected shall be deposited to the fire hazard abatement fund to cover the cost incurred by the fire department for enforcement as provided by this section.

(Ord. 1106, 1983; Ord. 1581 § 1, 1997; Ord. 1846 § 2, 2008; Ord. 1865 § 2, 2009; Ord. 1896 § 2, 2012; Ord. 1965 § 25, 2018)