Morro Bay Municipal Code Ch. 8.12 Weeds, Rubbish and Defensible Space

Footnotes:

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Editor's note— Ord. No. 672, § 5, adopted Sept. 23, 2025, amended the title of Ch. 8.12 to read as herein set out. The former Ch. 8.12 title pertained to weeds and rubbish.

As used in this chapter:

"Defensible space" means the buffer that landowners are required to create on their property between a "building or structure" and the plants, brush and trees or other items surrounding the "building or structure" that could ignite in the event of a fire.

"Building or structure" means anything constructed that is designed or intended for support, enclosure, shelter, or protection of persons, animals, or property, having a permanent roof that is supported by walls or posts that connect to, or rest on the ground.

"Enforcement official" means any employee or department head of the city charged with the duty of enforcing ordinances of the city, the county or laws of the state.

"Nuisance weeds, brush and debris" means weeds which when mature, bear the wingy or downy seeds which will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous. This includes, but is not limited to:

A. Weeds growing upon street, sidewalks or private property;

B. Sage brush, chaparral and other bush or weed which attain such large growth as to become a fire hazard or menace to adjacent property;

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

D. Dry grass, stubble, brush, litter or other flammable material which endangers the public safety by creating a fire hazard or public nuisance;

E. Any living or dead vegetation where size, concentration, chemical applications, poisons, infestation and combustibility is, or may become, a cause for a fire hazard or public nuisance.

"Occupier" means the person occupying or otherwise in real or apparent charge and control of the premises affected.

"Owner" means the owner of record of the premises affected.

(Ord. 454 § 2 (part), 1997)

(Ord. No. 672, § 6, 9-23-25)

The city council may declare by resolution as a public nuisance and abate:

A. Weeds growing in any location within the city, whether on public or private land, including all fire hazard severity zone designations.

B. All rubbish, refuse and dirt upon parkways or sidewalks, and all rubbish and refuse upon private property in the city.

C. Defensible space requirements can be found in Public Resource Code (PRC) § 4291, 14 California Code of Regulations (CCR) § 1299.03, and Board of Forestry (BOF) General Guidelines.

(Ord. 454 § 2 (part), 1997)

(Ord. No. 672, § 7, 9-23-25)

No owner, agent, lessee or other person occupying or having charge or control of any building, lot or premises within the city shall permit nuisance weeds, brush or debris hazardous to the public health, welfare or safety to remain upon the premises and each such owner, agent, lessee or other person shall be subject to the requirements and procedures prescribed in this chapter.

(Ord. 454 § 2 (part), 1997)

At any time when the enforcement official finds nuisance weeds, brush or debris upon any property, lands or lots within the city which may be or become a fire hazard, or may endanger or injure neighboring property, or may be otherwise hazardous to the public health, welfare or safety, a notice to remove such nuisance weeds, brush or debris shall be given to any one of the person or persons specified in Section 8.12.030. Prior to the commencement of the yearly weed abatement program, the enforcement official shall cause notice to be served by mail to the owners of all vacant lots and to the owners of improved properties where nuisance weeds, brush and debris have historically accumulated.

(Ord. 454 § 2 (part), 1997)

At any time, each person, as specified in this chapter, shall be notified by mail, or by the posting of property or by hand delivery of the requirement to abate nuisance weeds, brush or debris determined to be hazardous to the public health, welfare or safety. The most current tax assessor's list shall be the basic source for determining ownership and mailing addresses for any property owners requiring notification.

At the time the notice to remove is served as provided in this chapter, the enforcement official shall cause a copy of the notice to remove together with a written declaration under penalty of perjury certifying such service to be recorded in the office of the city clerk.

(Ord. 454 § 2 (part), 1997)

Nuisance weeds, brush or debris which do not constitute an immediate danger to the public health, welfare or safety shall be removed within thirty days of the postmarked date of the mailed notification or within a later period if such date is specified in the notice.

Nuisance weeds, brush, or debris which do constitute an immediate danger to the public health, welfare or safety shall be removed by no later than midnight of the day following the postmarked date of a mailed notification or within twenty-four hours of the time of hand delivery.

(Ord. 454 § 2 (part), 1997)

Any person, occupier, property owner, or duly authorized agent, affected by the notice to remove nuisance weeds, brush or debris which do not constitute an immediate danger to the public health, welfare or safety, may appeal to the city council from the requirements thereof. Such appeal shall be in writing and shall be filed with the city clerk within ten days of the date of notification established by Section 8.12.060.

Notification of the time and date for hearing appeals concerning the notice of removal within thirty days, shall be published at least ten days prior to the hearing in a newspaper qualified to publish legal notices. At the time and date of the hearing, the city council shall hear and consider any and all objections to the proposed removal and may continue the hearing from time to time. The city council shall allow or overrule any and all objections, if any, and its decision thereupon shall be final and conclusive.

If upon appeal, the requirements of the original notice are modified, the enforcement official, in causing removal or abatement, shall be governed by the determination of the council so made. In the absence of a council determination to the contrary, regarding abatement or removal of nuisance weeds, brush or debris which do not constitute an immediate danger, removal or abatement shall be accomplished within such time as may be determined by the city administrator, or his/her designated representative, after the appeal is heard.

(Ord. 454 § 2 (part), 1997)

A. Removal or abatement shall include cutting or spraying with chemicals or solutions to destroy or retard the growth of weeds or other vegetation and the removal and hauling of such destroyed vegetation and other flammable material to a legal disposal site. Not allowed are removal methods which incorporate burning, discing, tilling or any form of excavation.

B. The following guidelines are a minimum requirement and shall apply to all parcels within the city limits regardless of fire hazard severity zone designation. Updates to Public Resource Code (PRC) § 4291, 14 California Code of Regulations (CCR) § 1299.03, and Board of Forestry (BOF) General Guidelines will be the controlling standards for weed abatement. Updated requirements shall be published in the annual "Notice to Clear Weeds and Debris" flyer.

Zone 1—Within thirty feet of all structures or to the property line:

• Remove all branches within ten feet of any chimney or stovepipe outlet, PRC § 4291(a)(2) and 14 CCR § 1299.03(a)(2).

• Remove leaves, pine needles, or other vegetation on roofs, gutters, decks, porches, stairways, etc. PRC § 4291(a)(4) and 14 CCR § 1299.03(a)(1).

• Remove dead tree or shrub branches that overhang roofs, below or adjacent to windows, or which are adjacent to wall surfaces, PRC § 4291 (a)(3) and 14 CCR § 1299.03(a)(2).

• Remove all dead and dying grass, plants, shrubs, trees, branches, leaves, weeds, and pine needles, 14 CCR § 1299.03(a)(1).

• Remove or separate fuels to maintain spacing between vegetation to interrupt the fire's path. Prune limbs; separate plants and ground cover, PRC § 4291(a)(1) and BOF General Guidelines item 1.

• Remove flammable vegetation and items that could catch fire which are adjacent to, or under, combustible decks, balconies, and stairs, 14 CCR § 1299.03(a)(4).

• Relocate exposed wood piles outside of zone 1 unless completely covered in a fire-resistant material, 14 CCR § 1299.03(a)(3).C.

Zone 2—Within 30—100 feet of all structures or to the property line:

• Cut annual grasses and forbs down to a maximum height of four inches, 14 CCR § 1299.03(b)(2)(B).

• Remove fuels to create proper horizontal and vertical spacing among shrubs and trees, and remove lower tree limbs, BOF general guidelines item 4.

• All exposed woodpiles must have a minimum of ten feet clearance, down to bare mineral soil, in all directions, 14 CCR § 1299.03(b)(2)(C).

• Remove all dead and dying trees, branches, shrubs, or other plants, and surface debris. Loose surface litter, normally consisting of fallen leaves or needles, twigs, bark, and cones, shall be permitted to a depth of three inches, 14 CCR § 1299.03(b)(2)(A).

• Logs or stumps embedded in the soil must be removed or isolated from other vegetation,

BOF General Guidelines Item 3.

• Outbuildings and liquid propane gas (LPG) storage tanks shall have ten feet of clearance to bare mineral soil and no flammable vegetation for an additional ten feet around their exterior, 14 CCR § 1299.03(c)(1)

The fire chief shall determine the appropriate manner in which said public nuisances must be abated.

Large Parcels or Open Space.

• Large parcels or open space lots shall clear a minimum of one hundred feet from the property line in addition to the above requirements around any structures.

C. The fire chief shall determine the appropriate manner in which said public nuisances must be abated.

(Ord. 454 § 2 (part), 1997)

(Ord. No. 672, § 8, 9-23-25)

If any property owners, after being notified as provided for in this chapter, fails, neglects or refuses to abolish, abate or remove, within the times prescribed in this chapter, any of the nuisance weeds, brush or debris mentioned in this chapter, then the city may, at its discretion, issue a citation under the fire code, or abate or remove the same. The enforcement officer is expressly authorized to enter upon private property for either purpose. The charge of such abatement or removal by the city shall be assessed upon the lots, land or property from which nuisance weeds, brush or debris were abated or removed, and such cost shall constitute a lien upon such lots, lands or property until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected.

(Ord. 454 § 2 (part), 1997)

The enforcement officer shall keep a permanent record showing the description of each property or lot from which nuisance weeds, brush or debris are ordered to be removed; the name of the property owner thereof, if known; the date of notification to abate, and in case of appeal, a record of the date of the determinations of the city council and an account of the cost of abating such nuisance. Such record shall include an assessment list of charges and shall be filed with the city clerk from time to time but no later than the tenth day of August each year. In the event a citation is issued, the record shall show all pertinent information relating to the citation, such as the court date and final determination by the court.

(Ord. 454 § 2 (part), 1997)

Between the first and fifteenth day of each calendar year, the city clerk shall cause to be published, for two successive times in a newspaper qualified to publish legal notices, a notice to the effect that any person aggrieved, in connection with the abatement program of the preceding calendar year, by any act or determination of any person responsible for assuring compliance with the requirements and procedures herein specified, may file an appeal in writing with the city clerk prior to the first council meeting in February.

The city council shall, during the first council meeting in February, proceed to hear and pass on each and every appeal and each determination thereupon shall be final and conclusive.

Such hearing may be continued from time to time. The city clerk shall carry out any directions of the council made upon the appeal and shall cause appropriate corrections, adjustments and entries in abatement and assessment records to conform therewith.

(Ord. 454 § 2 (part), 1997)

The amount of the cost of abatement shall constitute a special assessment against lots or property from which the nuisance weeds, brush or debris have been abolished, abated or removed by the city and shall constitute a lien upon such property until paid. Such charges may be paid to the city clerk separately from city taxes at any time prior to the first day of August of the year in which unpaid charges are to be added to the county tax roll. Upon such payment, the city clerk shall cause an appropriate entry to be made on the assessment record for the property showing that such charge was paid in full.

On or before August tenth of each year, the city clerk shall cause a copy of the abatement charges to be filed with the county auditor, in order that the county auditor may enter each assessment on the county tax roll opposite the property referred to. Thereafter, such amounts shall be collected at the same time, and in the same manner, as general city taxes are collected, and shall be subject to the same penalties, and the same procedure and sale in the case of delinquency as provided by law for city taxes. All laws and ordinances applicable to the levy, collection and enforcement of city taxes are made applicable to such special assessments.

(Ord. 454 § 2 (part), 1997)

This chapter is adopted pursuant to the provisions of Sections 39501 and 39502 of the Government Code of the state, as an alternative and additional remedy to those otherwise promoted by law or ordinance of the city.

(Ord. 454 § 2 (part), 1997)

Nothing in this chapter shall be construed as precluding the city from utilizing any alternative procedure for weed or nuisance abatement prescribed by this code or available under state law to cities, nor shall this chapter be construed to prevent the city, its agents or representatives, from entering upon private property for the purpose of inspecting, abating any public nuisances defined in Section 8.12.010 without following the procedure prescribed in this chapter provided said work is done at the expense of the city.

(Ord. 454 § 2 (part), 1997)