Monrovia Municipal Code Ch. 8.14 Fire Hazards Relating to Vegetation and Other Conditions or Activities

It is the objective of this chapter to promote and protect the public health, safety and welfare by recognizing that hazardous conditions exist within the city that could cause a fire, or provide a ready fuel supply to augment the spread or intensity of a fire. It is the intent of this chapter to provide minimum standards to safeguard life, safety, property and public welfare by ensuring that hazardous vegetation and other hazardous conditions in the city are prevented or promptly abated.

(Ord. 2007-22 § 4 (part), 2007)

BUILDING. Any structure having, or originally designed to be used for, the shelter or enclosure of persons, animals, chattels, equipment, or property of any kind, and shall also include structures wherein things may be grown, made, produced, kept, handled, stored, or disposed of, and all appendages, accessories, apparatus, appliances, and equipment installed as a part thereof.

DEFENSIBLE SPACE. The area around building or structures that assist fire department operations in their defense during a brush fire. DEFENSIBLE SPACE also assists in preventing a single unit structure fire from spreading to natural exposed hazardous vegetation. In a “very high fire severity zone,” DEFENSIBLE SPACE shall equal Zone “1” and Zone “2.” In areas in the city that are outside of the “very high fire severity zone,” DEFENSIBLE SPACE shall equal Zone “1” unless this area is extended in writing by the Fire Chief, or a designee thereof, because of the degree of “natural vegetation,” or “ornamental vegetation” that is present, or for other physical conditions on a parcel of property, or on adjoining areas.

HAZARDOUS VEGETATION. Trees, plants, weeds and all other forms of vegetation that, due to their properties, condition and/or location, provide a ready fuel supply to augment the spread or intensity of a fire, or which may otherwise constitute a danger to public health, safety or welfare. HAZARDOUS VEGETATION also means and includes any condition involving vegetation in the city that violates any provision of this chapter.

NATURAL VEGETATION. Native and naturalized species of plants and other forms of vegetation that commonly, but not exclusively, grow wild and untended on undeveloped hillsides and parcels within the city. This plant vegetation, which is often dry and shrubby in form, is very combustible due to its high oil content and includes, but is not limited to, sumac, buckwheat and sages.

ORNAMENTAL VEGETATION. All vegetation that is not “natural vegetation.” ornamental vegetation includes purchased and/or introduced plants, bushes, grass and trees that require irrigation, including, but not limited to, flammable vegetation such as acacia, cedar, cypress, eucalyptus, juniper, pine and pampas grass.

OWNER. Any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the city, including all persons shown as owners on the last equalized assessment roll of the County Assessor’s Office. Owners include persons with powers of attorney, executors of estates, trustees, or who are court appointed administrators, conservators, guardians or receivers. An owner of personal property shall be any person who has legal title, charge, control, or possession of, such property.

PERSON. Any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization or entity, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. PERSON also includes any public entity or agency that acts as an owner in the city.

PROPERTY or PREMISES. Any privately-owned real property, or improvements thereon, or portions thereof, as the case may be. PROPERTY includes any parkway or unimproved public easement abutting or adjacent to such real property. Property may include real property that is owned or controlled by a public entity or public agency.

RESPONSIBLE PERSON. Any person, whether as an owner as defined in this chapter, or otherwise, that allows, causes, creates, maintains, or permits a public nuisance, or any violation of the code or county or state law, or regulation thereof, to exist or continue, by any act or the omission of any act or duty. A responsible person shall also include employees, principals, joint venturers, officers, agents, and/or other persons acting in concert with, or at the direction of, and/or with the knowledge and/or consent of the owner and/or occupant of the lot, building or structure on, or in which, a public nuisance or violation exists or existed. The actions or inactions of a responsible person’s agent, employee, representative or contractor may be attributed to that responsible person.

ROADWAY. Every form of public right-of way on which vehicles can travel, as well as areas on private real property over which vehicles travel.

TREE MAINTENANCE. Means and includes, but is not limited to, the following requirements:

(1) The crowns or tree tops of all trees that are located in Zones One and Two, shall have a minimum separation between them of 15 feet at all times.

(2) The crowns or tree tops of all trees that are located in Zones One and Two, shall have a minimum distance of 15 feet from any building or structure.

(3) Trees shall be maintained free of dead and dying limbs at all times in Zones One and Two and shall be trimmed and maintained at least five feet above the ground at all times. Tree limbs and branches shall be maintained in all zones to allow for an unobstructed vertical clearance of not less than 13 feet 6 inches along roadways to allow for emergency vehicle access.

(4) Palm Trees, Pines, and all varieties of Eucalyptus Trees, within Zones 1 and 2 shall be maintained free of dead palms, branches, needles and bark at all times.

VERY HIGH FIRE SEVERITY ZONE. A geographical portion of the city that has been classified by the California Department of Forestry and Fire Protection, as abutting the urban interface zone, which creates a higher probability of structure damage or destruction due to wildfire.

ZONE ONE. An area with a radius of 30 feet around a building or structure.

ZONE TWO. An area that starts at the perimeter of Zone 1, and extends outward to a distance of 200 feet around a building or structure.

(Ord. 2007-22 § 4 (part), 2007)

All responsible persons shall establish and maintain defensible space on their properties, and, as hereafter provided, on adjoining private and public properties, by adhering to the following requirements:

(A) Natural vegetation.

(1) In all areas of the city, existing natural vegetation shall, except on hillsides with a grade of 70% or more, be eradicated or removed in Zone 1. Thereafter, land in Zone 1 shall be kept free of natural vegetation at all times.

(2) In the very high fire severity zone, natural vegetation and grass shall be maintained at a maximum height of eighteen inches and a minimum height of three inches in Zone 2 at all times.

(3) In the very high fire severity zone, natural vegetation consisting of shrub-like plants in Zone 2 shall have a separation distance between each such plant that is equal to three times the diameter of the largest shrub. As an example, a Sumac having a diameter of ten feet shall have a separation distance of 30 feet from any other form of shrub that constitutes natural vegetation.

(B) Ornamental vegetation.

(1) In all areas of the city, existing ornamental vegetation consisting of highly flammable plants and trees, including, but not limited to, acacia, cedar, cypress, eucalyptus, juniper, pine and pampas grass, shall, except on hillsides with a grade of 70% or more, be maintained in such a manner that they do not form a means of transmitting fire and shall be maintained a minimum of ten feet from buildings and structures.

Exceptions:

(a) Ornamental vegetation, other than those referred to in Section (B) (1) above, are permissible in Zone 1 provided that the plants and trees, are individually planted and maintained in such a manner that they do not form a means of transmitting fire from native growth to buildings or structures.

(b) Ornamental vegetation consisting of cultivated ground cover such as green grass, ivy, succulents or similar plants, are permissible in Zone 1 provided that they are maintained in a condition that does not form a means of transmitting fire from native vegetation to a building or structure.

(C) Tree maintenance. In all areas of the city, the requirements for “tree maintenance,” as defined in this chapter, shall be complied with at all times.

(D) Storage on residentially zoned properties.

(1) Firewood, manure, compost and other similar combustible materials shall be not be placed or stored in Zone 1 on any property in the very high fire severity zone.

(2) Plant and tree cuttings shall be removed from all properties in the city and recycled or lawfully disposed of, unless retained for composting. In this event, such cuttings, whether in a container or otherwise, shall be placed or stored a minimum of 30 feet from any building, structure or access roadway in Zone 1. This requirement does not apply to green waste containers that are to be emptied by a city approved waste contractor.

(E) Modification of requirements. If the Fire Chief determines that very steep terrain, substantial danger of erosion, or other unique circumstances make strict compliance with the provisions of this section impossible, the Fire Chief may modify such regulations in writing for a particular property. Any such modification only applies for the calendar year in which it is made, unless the Fire Chief states in writing that it shall remain in effect for a successive year or years.

(F) Primary and secondary responsible persons.

(1) Persons owning, leasing, controlling, operating, or maintaining buildings or structures are primarily responsible for establishing and maintaining defensible space around their buildings and structures. In the very high fire severity zone, this obligation extends to adjoining public and private lands that may be, or are, within Zones 1 and 2 of a responsible person’s buildings or structures.

(2) Persons owning, leasing, controlling, operating, or maintaining adjoining land that comes within Zone 1 and Zone 2 of another person’s building or structure in the Very High Fire Severity Zone are secondary responsible persons. Such persons who authorize primary responsible persons, or their agents, to enter their property in order to create defensible space, and this action is properly and promptly completed as determined by the Fire Chief, or a designee thereof, will have discharged their obligation under this section. Such persons who refuse or fail to authorize primary responsible persons, or their agents, to enter their property in order to create defensible space in a timely manner as determined by the Fire Chief, or a designee thereof, shall have concurrent liability with primary responsible persons for failing to comply with the requirements of this chapter.

(3) In the event adjoining land is public property, a primary responsible person shall obtain an encroachment permit from the city prior to creating defensible space on said property.

(Ord. 2007-22 § 4 (part), 2007)

All responsible persons shall maintain their properties free of hazardous vegetation at all times by adhering to the following requirements:

(A) Dead or dying vegetation, regardless of its type and location, shall be removed. Hillsides with a grade of 70% or more are exempt from this requirement.

(B) All trees and other vegetation in all areas of the city shall be a minimum distance of five feet away from the roof-line of any building and five feet from the top of any structure.

(C) All roof surfaces in all areas of the city shall be kept free of leaves and needles and other vegetative or combustible matter at all times.

(D) All combustible growth and flammable vegetation shall, in all areas of the city, be removed within ten feet on each side of every roadway and combustible fence, whether public or private. This shall not apply to single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire. Trees along roadways shall be maintained clear of dead or dying vegetation and trimmed five feet off of the ground. Tree limbs and branches shall be maintained to allow for an unobstructed vertical clearance of not less than 13 feet six inch along roadways to allow for emergency vehicle access.

(E) All cut vegetation shall promptly be removed from property and legally disposed of.

(F) Notwithstanding any of the foregoing, the Fire Chief may require more than the minimum specific requirements set forth above when he or she determines that conditions exist which necessitate greater fire protection measures. The Fire Chief shall give written notice of any such determination to a responsible person by first class mail, in which case such determination shall constitute an additional requirement of this section.

(Ord. 2007-22 § 4 (part), 2007)

(A) Required building numbers. Existing residential buildings of any type in all areas of the city and those that are constructed after the effective date of this chapter, shall have approved address numbers affixed to the structure in a location that is clearly visible from the street. The numbers shall be of contrasting color to the structure and six inches in height

(B) Electronic gates. All existing electronic gates that control vehicular access to private property in Monrovia, and those that are erected, installed or made operational after the effective date of this chapter, shall have an approved Knox key box for Fire Department access with placement of said Knox key box to be determined and approved by the Fire Chief, or a designee thereof.

(C) Fuel reduction in the very high fire hazard severity zone. In order to promote fire safety, the occurrence of any of the following actions involving residentially zoned real property of any type in the very high fire severity zone shall require the Fire Chief’s written approval of a fuel modification plan, a landscape plan and an irrigation plan (collectively the “Fire Safety Plans”) that have been prepared by a state licensed landscape architect, landscape designer, landscape contractor, or another individual with expertise acceptable to the Fire Chief.

(1) Subdivision of land or a lot merger. Approval of the fire safety plans shall be obtained before any Technical Code permit is issued pursuant to Title 15 [Building and Construction] of this code.

(2) Submittal of any plan, application or other information to the Planning Division or the Building Division for review or approval of any project concerning an alteration, repair, remodel or addition involving 1,000 square feet or more of an existing building or structure, or any portion thereof. Approval of the Fire Safety Plans shall be obtained before any Technical Code permit is issued pursuant to Title 15 [Building and Construction] of the Monrovia Municipal Code in connection with this project. If the Monrovia Municipal Code does not require Planning Division and/or Building Division review and approval, or same are not obtained for any reason, this project shall not be started in any manner without the Fire Chief’s prior written approval of the Fire Safety Plans.

(3) Submittal of any plan, application or other information to the Planning Division or the Building Division for review or approval of any project concerning the construction or installation of any new building or structure.

(a) Approval of the fire safety plans shall be obtained before any technical code permit is issued pursuant to Title 15 [Building and Construction] of the this code in connection with this project. If this code does not require Planning Division and/or Building Division review and approval, or same are not obtained for any reason, this project shall not be started in any manner without the Fire Chief’s prior written approval of the Fire Safety Plans.

(b) The work that is approved in the fire safety plans shall be fully completed in the manner required by said plans and pass a Fire Prevention Bureau inspection by the date stated in the Fire Chief’s written approval. The Fire Chief may impose conditions on his or her approval, if reasonably necessary to address specific factors of a property that require particular attention or consideration. Failure to obtain approved fire safety plans, or to complete the work authorized by said plans, or to pass an inspection in a timely manner, or to comply with any condition of an approval, is prohibited and unlawful.

(c) All installations that are required by fire safety plans shall be maintained at all times. All vegetation shall be regularly watered, fed and trimmed so as to not constitute hazardous vegetation. All non- vegetative installations shall be maintained in good working order and condition at all times.

(D) Spark arresters required in the very high fire severity zone.

(1) No responsible person shall, in the very high fire severity zone, use or operate, or allow the use or operation of, any tractor, construction equipment, engine, machinery, or any steam, oil or gasoline-operated, or other combustive stationary or mobile equipment or device (collectively “Equipment”), from which a spark or fire may originate or escape, unless an approved spark arrester or other similar device is installed in, or attached to, an exhaust pipe of the Equipment at all times. Said approved spark arrester or other similar device shall meet the United States Forest Service “standard for spark arresters for internal combustion engines” (Standard 5100-1B, July 1991). For the purpose of this section, any registered motor vehicle operated on a road or highway and which is equipped with a muffler in good working condition, as required by the Vehicle Code, shall be deemed to be in compliance with this section.

(2) Each chimney of any building or structure, as well as any barbecue, incinerator, or heating appliance or device, that is used in conjunction with any form of solid or liquid fuel in the very high fire severity zone, shall be maintained with an approved spark arrester or other similar device at all times that is constructed with heavy wire mesh or other noncombustible material with openings not to exceed one-half inch.

(E) Open flame device.

(1) No responsible person shall, in the very high fire severity zone, engage in, or allow the use of, any activity or process involving a welding torch, a tar pot, a decorative torch, or any other device that would, or may, start or cause a fire, unless a written permit is first obtained from the Fire Chief. Conditions may be imposed on this permit in order to protect life or property.

(2) A permit is not be required if said activity or process is conducted on occupied premises and at least 30 feet from any grass, brush or forest covered lands.

(F) Outdoor fires.

(1) (a) Outdoor fires shall not be built, ignited or maintained in the very high fire severity zone, unless a responsible person has first obtained a written permit from the Fire Chief. Conditions may be imposed on this permit in order to reasonably protect life or property. Notwithstanding any permit, an outdoor fire shall not be conducted at any time when high winds are blowing or when a person of at least 17 years of age, is not present at all times to watch and tend such fire, or when a public announcement is made that open burning is prohibited.

(b) Exceptions. Propane or natural gas outdoor fires on occupied premises where such fires are conducted in a permanent barbecue structure, in a portable barbecue, or in an outdoor fireplace incinerator or grill structure, do not require a permit provided the fire is a minimum of 30 feet (9144 mm) from any grass, grain, brush or forest covered lands.

(2) Permanent barbecues, portable barbecues, as well as outdoor fireplace incinerator or grill structures shall not be used for the collection, storage or disposal of rubbish, trash or other combustible matter at any time.

(G) Incinerators and fireplaces.

(1) Incinerators, outdoor fireplaces, permanent barbecues and grills shall not be built, installed or maintained in the very high fire severity zone without prior approval of the Fire Chief, or a designee thereof. This obligation also applies to incinerators, outdoor fireplaces, permanent barbecues and grills, or similar devices or installations that were in existence prior to the adoption of this chapter and regardless of whether or not the city issued technical code permits or Zoning approvals in connection with same.

(2) (a) Incinerators, outdoor fireplaces, permanent barbecues and grills shall be maintained in good repair and in a safe condition at all times. Openings in such appliances shall be provided with an approved spark arrester, screen or door.

(b) Exceptions. Unprotected openings in permanent barbecues and grills that are necessary for proper functioning as determined by the manufacturer are exempt from the requirement of an approved spark arrester, screen or door.

(H) Smoking.

(1) Lighting, igniting or otherwise setting fire to, or smoking, tobacco products of any kind, including but not limited to, cigarettes, pipes or cigars in the very high fire severity zone is prohibited.

(2) Exceptions. Lighting, igniting or otherwise setting fire to, or smoking, tobacco products is allowed within a lawfully erected building, as well as in approved smoking areas as designated by the Fire Chief.

(I) Tracer bullets, tracer charges, rockets and model aircraft.

(1) No responsible person shall, in the very high fire severity zone, possess, fire, or allow the possessing or firing of tracer bullets and tracer charges.

(2) No responsible person shall, in the very high fire severity zone, fire, use, or allow the firing or use of, rockets, model aircraft, gliders and balloons that are powered with a combustive engine, propellant or other feature that may start, or cause a fire.

(J) Explosives and blasting. No responsible person shall, in the very high fire severity zone, possess, keep, sell, offer for sale, give away, store, use, fire, discharge, transport or dispose of explosive or blasting devices, or allow any of these activities to occur, without first obtaining a written permit from the Fire Chief. Conditions may be imposed on this permit in order to protect life and property

(K) Fireworks.

(1) No responsible person shall, in the very high fire severity zone, possess, keep, sell, offer for sale, give away, store, use, fire, discharge, transport or dispose of fireworks, or allow any of these activities to occur.

(2) The Fire Chief is authorized to seize, take, remove, or cause to be removed, fireworks in the very high fire severity zone as authorized by the code or by state law.

(L) Dumping. No responsible person shall, in the very high fire severity zone, discard or dump, or allow the discarding or dumping of, garbage, refuse, trash, or other combustible material including, but not limited to, cans, bottles, papers, ashes, upon any public or private land or public rights-of-way.

(M) Tampering with Fire Department locks, devices, barricades and signs.

(1) No responsible person shall, in the very high fire severity zone, tamper with, mutilate, destroy or remove installed Fire Department locks, barricades, seals, cables, signs and markers, or allow any of these activities to occur.

(2) No responsible person shall, in the very high fire severity zone, unlock installed Fire Department gates, doors, barriers and locks, or allow any of these activities to occur.

(N) Conflicts. If any requirement or regulation in this section conflicts with another provision of the Monrovia Municipal Code, the section in this chapter shall control.

(O) Civil Liability for Violations of this chapter. The expenses and costs of fighting fires that result from a violation of this code shall be a charge against all responsible persons. Damages and other claims of the city that are caused by such fires shall constitute a debt of all such responsible persons and are recoverable by the city in any manner allowed by law.

(Ord. 2007-22 § 4 (part), 2007)

All conditions maintained in violation of this chapter are prohibited and unlawful and hereby declared to constitute a public nuisance. They may be abated in any manner provided by law.

(Ord. 2007-22 § 4 (part), 2007)

No person shall cause, create, allow or maintain hazardous vegetation or any other condition on property that is not in conformity with, or prohibited by, the provisions of this chapter. No person shall undertake, cause, engage in, or allow, the commission of any activity that is prohibited by this chapter.

(Ord. 2007-22 § 4 (part), 2007)

(A) Whenever the Fire Chief, or a designee thereof, determines that it may be necessary to cause the abatement of a public nuisance as established in this chapter, he or she may follow the procedures set forth in § 8.12.020 et seq.

(B) If the Fire Chief, or a designee thereof, elects to establish the right, but not the obligation, to use an administrative action to cause the abatement of seasonal and recurrent nuisances involving hazardous vegetation on specified parcels of real property, he or she may follow the procedures set forth in Cal. Gov’t Code § 39560 et seq. of the California Government Code.

(Ord. 2007-22 § 4 (part), 2007)

(A) When in the opinion of the Fire Chief, or a designee thereof, a condition that is prohibited by this Chapter presents an imminent hazard to life and property, he or she may follow the procedures set forth in § 8.12.170 to abate the hazard.

(B) The Fire Chief, or a designee, thereof, may follow the procedures set forth in § 8.12.170 for the abatement of other imminent hazards that are in violation of the Fire Code.

(Ord. 2007-22 § 4 (part), 2007)

The Fire Chief may follow the procedures set forth in § 8.12.190, or other procedures that are allowed by law, for the establishment of the costs of abatement of a nuisance pursuant to this chapter. The fees, costs, expenses and other charges, and the procedures for their recovery, as set forth in Chapter 8.12, shall be applicable in the enforcement of this chapter, where appropriate.

(Ord. 2007-22 § 4 (part), 2007)

The provisions of this chapter shall not in any manner limit or restrict the city from enforcing this chapter in any other manner provided by law.

(Ord. 2007-22 § 4 (part), 2007)

Fire Department inspection fees as approved by the City Council, as well as other authorized fees and expenses as set forth in Chapter 8.12, shall be recoverable in the administration and enforcement of this chapter.

(Ord. 2007-22 § 4 (part), 2007)

Any duty or responsibility assigned herein to the Fire Chief may, at his or her discretion, be delegated to another employee in the Fire Department. The Fire Chief may receive, with the City Manager’s approval, assistance from other departments of the city in connection with the administrative and enforcement responsibilities under this chapter.

(Ord. 2007-22 § 4 (part), 2007)

(A) Any person who commits a violation of this chapter, or who allows, maintains or permits a violation of this chapter to exist, or who fails to comply with any obligation or requirement of this chapter, whether by an affirmative act or inaction, or who fails to comply with a condition that is issued or imposed pursuant to this chapter, is guilty of a misdemeanor unless the offense is charged as an infraction at the discretion of a prosecuting attorney.

(B) Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced on this chapter, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.

(Ord. 2007-22 § 4 (part), 2007)