Monterey Municipal Code Art. 1 FIRE PROTECTION Revised

Violation of any adopted fire code or City amendment thereto by any person shall constitute a misdemeanor and upon conviction thereof, shall be punishable by fine as set forth in Section 1-1.06. In addition, any such violation, including but not limited to the failure to pay any fire inspection fee imposed by the City, may be enforced by the procedures set forth in the City’s Administrative Remedies Ordinance (Sections 1-2.00 through 1-2.34). (Ord. 3551 § 4, 2016)

a.In addition to any requirements of the California Fire Code adopted by this chapter, whenever the Fire Chief shall find and determine that private property or an area or portion thereof is beyond the practical availability of publicly maintained fire hydrants and is such a distance therefrom that such property cannot be adequately served by such publicly maintained fire hydrants, and shall find and determine further that such property or area or portion thereof has been developed to such a density, either by residential development or other types of structures, that an additional fire hazard is created by reason of such development, and by reason of such property or area or portion being beyond such publicly maintained fire hydrants, then the Fire Chief shall order the property owner to install on such private property or area or portion thereof on which such hazard exists sufficient water mains and meters of adequate size, and fire hydrants of such kind, size and style and in such numbers, as the Fire Chief may find and determine to be necessary for the protection of such private property or portion or area thereof, or properties adjacent thereto, against the hazard so found to exist.

b.Any finding or determination made by the Fire Chief pursuant to this Section shall be made in accordance with regulations, specification and tables recommended by the National Fire Protection Association or the Pacific Fire Rating Bureau.

Such order shall be given in writing to the owner of property on which such hazard is found to exist, and such order shall state in detail the installations required. Such order may be delivered to the property owner in person or may be mailed to such person by registered mail if the same is addressed to the property owner at the address shown on the last equalized assessment roll of the County, with the postage prepaid thereon, and deposited in the United States mail.

c.Such installation as ordered by the Fire Chief shall be at the cost of the property owner and shall be commenced within 30 days from the date of the notice and diligently prosecuted to completion, and the same shall be completed within 60 days from the date of the notice unless the Fire Chief, in writing, for good cause shown, extends such time.

d.Any finding, order or determination made by the Fire Chief pursuant to this section may be appealed by the owner, or agent of the owner, of property on which fire hydrants, water mains or meters are required to be placed. Such appeal shall be filed in writing with the City Clerk within ten days after the date of the written order of the Fire Chief. Such appeal shall contain the name of the owner or agent making such appeal, the mailing address where notices shall be sent and the portions of the order to which appeal is being made.

e.Upon receipt of an appeal, the City Clerk shall set time for a public hearing at a regular or adjourned meeting of the City Council; provided that such meeting shall be not less than ten days nor more than 30 days from the filing of such appeal. At least five days prior to such hearing, the City Clerk shall mail notice of such hearing to the person filing such appeal at the address given in such appeal.

At the time set, the City Council shall hold a public hearing and shall take all evidence, written or oral, from all persons wishing to be heard, and shall make final determination on all issues raised by the appeal. The City Council may continue the public hearing from time to time; provided, that they shall make final determination of all issues raised by the appeal within 30 days from and after the time set for public hearing, and that the City Council may continue such hearings in excess of 30 days from and after the time set for public hearing with the consent of the person filing such appeal, or his authorized representative.

f.The violation of any of the provisions of this Section shall be deemed a nuisance. Civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the appropriate legal officers of the City.

In addition to any penalty prescribed therefor, failure to comply with the provisions of this Section shall render the improvements on the premises unsafe and subject to the procedural provisions of Section 203 of the California Building Code adopted by Chapter 9 of this code. (Ord. 3656 § 3, 2022; Ord. 3551 § 4, 2016)

Section 3301 Explosives and Fireworks.

(a) As used herein, the term “fireworks” shall refer to and have the same meaning as that set forth in Health and Safety Code Section 12511.

(b) The sale, offering for sale, display, possession, or discharge of fireworks by any person or entity is hereby prohibited.

(c) Fireworks found within Monterey shall be subject to confiscation, turned over to the Fire Department, and upon conviction, pleas of guilty of nolo contendere, or posting and forfeiting of bail, shall be disposed of in a safe manner. Violation of this section shall constitute a misdemeanor.

(d) The remainder of this section notwithstanding, the possession and discharge of fireworks for public display by licensed pyrotechnic operators may be permitted if approved by the Fire Chief.

(Ord. 3455 § 7, 2010)

In order to provide an equitable cost sharing method for the improvement of fire hydrants and water supply mains in areas not presently having adequate fire-flows through existing systems, owners of property desiring to construct new structures, or modify existing structures, in such a manner as to increase the fire flow demand as defined herein, and who do not otherwise provide adequate improvements to existing water system to insure that fire-flow demands will be met, shall pay, as their share of providing said improvements, a fee equivalent to the fire-flow demand, as determined by Insurance Service Office (I.S.O.) standards, multiplied by the factor set forth following (fire flow X factor = fee):

FACTOR CHART

(Dollars Per Gallon Per Minute of Fire-Flow)

The above factors shall be effective September 1, 1983. From time to time the factors may be changed by Resolution of the City Council.