Chapter 7.22 — DEFENSIBLE SPACE AND FIRE HAZARDS REDUCTION

Mono County is rural in nature, primarily consists of mountainous and high desert terrain, and the communities and inhabited portions of the unincorporated area of Mono County are generally located within, or in close proximity to, mountainous areas, forest-covered lands, brush-covered lands, grass- covered lands, and similar lands that are subject to wildfires. In order to minimize the threat of wildfire spreading to occupied structures, and to supplement the educational and enforcement activities of the California Department of Forestry and Fire Protection ("CAL FIRE"), local educational efforts, and enforcement of defensible space requirements, are reasonable and necessary to protect structures from damage from fire, reduce the spreading of fire, provide firefighting personnel improved conditions when fighting fire, and will benefit the public health and safety.

(Ord. 08-03 § 1 (part), 2008.)

A.

Property shall be maintained in accordance with the defensible space requirements contained in Government Code Section 51182 (unless exempted by Government Code Section 51183 or 51184) and Public Resources Code Section 4291, as applicable.

B.

The existence or maintenance of any of the following conditions is prohibited:

Tree branches within ten feet of a chimney outlet or stovepipe outlet;

Dead or dying tree branches adjacent to or overhanging a building;

Leaves, needles, or other dead vegetative growth on the roof of any structure;

Flammable vegetation or other combustible growth within thirty feet of an occupied dwelling or structure which prevents the creation of a firebreak;

Brush, flammable vegetation, or combustible vegetation located between thirty and one hundred feet of an occupied dwelling or structure which prevents the creation of a reduced fuel zone; or

Brush or other flammable material within ten feet of a propane tank.

C.

For the purposes of this section, the following definitions shall apply:

"Firebreak" means an area of land within thirty feet of an occupied dwelling or structure in which all flammable vegetation or other combustible growth has been removed and cleared away. The creation of a firebreak shall not require the removal of single specimens of trees or other vegetation that is well pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to any dwelling or structure.

"Reduced fuel zone" means an area between thirty and one hundred feet of an occupied dwelling, whichever is closer, in which all brush, flammable vegetation or combustible growth has been removed. The creation of a reduced fuel zone shall not require the removal of single specimens of trees or other vegetation that is well pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to a dwelling or structure. Grass and other vegetation located more than thirty feet from the dwelling or structure and less than eighteen inches in height above the ground may be maintained where necessary to stabilize the soil and prevent erosion.

D.

No person shall be required to maintain any clearing on any land if that person does not have the legal right to maintain the clearing, nor is any person required to enter upon or damage property that is owned by another person without the consent of that person.

E.

The prohibitions contained in subsection C of this section shall not apply to land or water area located outside of a state responsibility area that are acquired or managed for one or more of the following purposes or uses:

Habitat for endangered or threatened species, or any species that is a candidate for listing as an endangered or threatened species by the state or federal government;

Lands kept in a predominantly natural state as habitat for wildlife, plant, or animal communities;

Open space lands that are environmentally sensitive parklands;

Other lands having scenic values, as declared by the local agency or by state or federal law.

(Ord. 08-03 § 1 (part), 2008.)

A.

Any county personnel performing health and safety functions, including, but not limited to, fire rescue paramedics, building inspectors, and code enforcement officers, may be trained and assigned to conduct general property inspections to determine compliance with the provisions of this chapter, provide educational materials and instruction concerning defensible space requirements to owners and occupiers of structures, and to issue correction notices to owners and occupiers of structures to gain compliance with the provisions of this chapter. Any duly designated person assigned by a local fire protection district may be trained and assigned to conduct general property inspections to determine compliance with the

provisions of this chapter, provide educational materials and instruction concerning defensible space requirements to property owners and occupiers, and to issue correction notices in order to gain compliance with the provisions of this chapter.

B.

In the event that any person or entity fails to comply with a correction notice issued to them, the person or entity that issued the correction notice may follow up the correction notice with a second correction notice that shall include a warning that the failure to make the necessary corrections may result in enforcement action pursuant to Chapter 1.12 of the Mono County Code or any other enforcement action or remedy allowed by law.

C.

Mono County Code compliance specialists may take any necessary enforcement action upon receipt of a copy of a second correction notice issued pursuant to this section. The proposed enforcement action shall take into consideration the degree of the danger or fire hazard posed by the lack of compliance with the defensible space requirements.

D.

Forms may be created for use by county personnel and fire protection district personnel in implementing this section.

(Ord. 08-03 § 1 (part), 2008.)

A.

Defensible space requirements shall apply to protect existing structures and shall be required for the following applications for which approval has not been granted as of the effective date of the ordinance codified in this chapter:

Applications for building permits as provided in Mono County Code Chapter 15.04;

Applications for tentative subdivision final and parcel maps;

Applications for use permits, items requiring director review, or any other items subject to discretionary land use approval when appropriate and/or applicable.

(Ord. 08-03 § 1 (part), 2008.)

A.

An exception to, or modification of, the regulations set forth herein may be authorized whenever a finding is made by the community development director that the exception or modification provides an overall practical effect of creating defensible space and/or where site-specific conditions, including previously required development mitigation conditions to preserve wildlife or botanical habitat preservation, have been required. When considering such site-specific exemptions or modifications, the community development director may consult with experts in the fields of wildfire protection and wildlife and botanical habitat preservation in reaching an appropriate level of modification. When an exception is requested for a site that is located within an established community, the community development director may consult with the designated representative of the local fire protection district in determining whether to approve or deny the requested exception or modification.

(Ord. 08-03 § 1 (part), 2008.)