Chapter 16.10 — ABATEMENT OF HAZARDOUS FUELS AND RUBBISH

Editor's note— Ord. No. 1068 N.S., § 3, adopted Feb. 5, 2019, amended the title of Ch. 16.10 to read as herein set out. The former Ch. 16.10 title pertained to abatement of hazardous weeds and rubbish.

For purposes of this chapter, the following terms shall have the specified meanings as follows:

"Clearance requirements of hazardous fuels" means:

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Mowed or disced to a maximum height of four inches.

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Clearance shall be a minimum of fifty feet in width at the perimeter of a parcel and from any roadway.

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Orchards/vineyards will be mowed or disced to a distance of fifty feet on both sides of any roadway.

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Parcels greater than ten acres shall include fire breaks at the fire marshal's discretion.

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Clearance shall be a minimum of one hundred feet around all structures.

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Clearance shall be a minimum of ten feet on each side of driveways.

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Abatement work under the dripline of an oak tree shall not disturb the soil.

Exemptions:

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Grass and other vegetation located more than fifty feet from any structure and less than eighteen inches in height may be maintained on slopes at or above forty-five degrees to stabilize the soil and prevent erosion.

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Fenced pastures are exempt where existing livestock will significantly reduce weeds and grasses.

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Habitat for endangered or threatened species or any species that is a candidate for listing as an endangered or threatened species by the state of California or Federal Government.

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Growing hay and grain awaiting harvest; any uncut hay or grain past harvest time will be subject to abatement.

"Drainage" means any ditch, culvert, and/or pipe used as a means of public drainage or drainage control.

"Fire chief" means the fire chief, his or her assistants and deputies, or other public officer designated by the city council to perform the duties imposed by Chapter 16.10, Abatement of Hazardous Fuels and Refuse.

"Hazardous fuels" means "weeds" and dead or dying trees that endanger public safety by creating a fire hazard.

"In front of which the nuisance exists" shall also include the area to the rear of or abutting the property upon which the nuisance exists.

"Property" means the land, any buildings, drainage structures, roadways, drainage ways, and/or drainage easements.

"Rubbish" means waste matter, appliances, abandoned automobiles, junk, litter, trash, debris, dirt, cut vegetation growth, dead trees that threaten structures or streets, tin cans, paper, waste material of every kind, or other unsanitary substance, object, or condition which is, or when dry, may become a fire hazard, or which is or may become a menace to health, safety, or welfare.

"Street" means public and private streets, alleys, parkways, sidewalks, and areas between sidewalks and curbs.

"Weeds" means vegetation growing upon streets, sidewalks, or public or private property and includes any of the following:

(a)

Vegetation that bear seeds of a downy or wingy nature.

(b)

Sagebrush, chaparral, and any other brush or vegetation that is not pruned or is otherwise neglected so as to attain such large growth as to become, when dry, a fire menace to adjacent improved property.

(c)

Vegetation that is otherwise noxious or dangerous.

(d)

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

(e)

Dry grass, stubble, brush, litter, or other flammable material that endangers public safety by creating a fire hazard.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018; Ord. No. 1068 N.S., § 4, 2-5- 2019)

Whenever the fire chief or his or her authorized representative shall find hazardous fuels and/or rubbish upon any property, lands, or lots in the city, which in their opinion is or may become a fire hazard or health and safety hazard, they shall have cause to give the owner of said property a notice to remove such hazardous fuels and/or rubbish which may constitute a hazard in the manner provided in this part.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018; Ord. No. 1068 N.S., § 5, 2-5- 2019)

Every owner or occupant of real property within the city is required to maintain such property in a manner so as not to violate the provisions of this chapter and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. Every occupant, lessee or holder of any interest in property, other than as owner thereof, is required to maintain such property in the same manner as is required of the owner thereof, and the duty imposed on the owner thereof shall in no instance relieve those persons referred to from the similar duty.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018)

The city council may declare, by resolution in accordance with Sections 39561—39588 of the California Government Code, that hazardous fuels and/or rubbish, as both are defined in Section 16.10.010, which are, or may become, a hazard upon or in front of public or private property to the centerline of adjoining streets in the city, as public nuisances.

Any such resolution shall contain the following:

(a)

The street, highway, or road by its commonly known name.

(b)

A description of the property upon which or in front of which the nuisance exists by giving its lot or block number according to the official or city assessment map.

Any number of streets, highways, roads, or parcels of public or private property may be included in one resolution.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018; Ord. No. 1068 N.S., § 6, 2-5- 2019)

Editor's note— Ord. No. 1068 N.S., § 6, adopted Feb. 5, 2019, amended the title of § 16.10.040 to read as herein set out. The former § 16.10.040 pertained to vegetative growth and/or refuse, which are public nuisances.

At the time council adopts the resolution specified in Section 16.10.040, the council may also find and declare that hazardous fuels on specified parcels of property are seasonal and recurrent nuisances.

Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of this chapter, provided, that upon the second and subsequent occurrence of such nuisance on the same parcel or parcels within the same twelve-month period, no further hearings need be held and it shall be sufficient to mail a post card notice to the owners of the property as their names and addresses appear upon the current assessment roll.

The notice shall refer to and describe the property and shall state that hazardous fuels of a seasonal and recurrent nature are growing on or in front of the property, and that the same constitute a public nuisance which must be abated by the removal of said hazardous fuels, and that otherwise they will be removed and the nuisance will be abated by the city authorities, in which case the cost of such removal shall be assessed upon the parcel and lands from which such hazardous fuels are removed and that upon confirmation such cost will constitute a lien upon such parcel or lands until paid.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018; Ord. No. 1068 N.S., § 7, 2-5- 2019)

In any case where the city is authorized to abate hazardous fuels pursuant to the provisions of this chapter and where the city council finds and declares that hazardous fuels on specified parcels of property are seasonal and recurrent nuisances as provided in Section 16.14.050, the city council may provide for the preventive abatement of such seasonal and recurrent nuisance as provided in this section.

The notice required by Section 16.10.040 shall, in addition to containing all other required matters, state that the efficient and economical control of such seasonal and recurrent nuisance requires preventive chemical control of such hazardous fuels, weed seeds and weed seedlings and that the city may require preventive chemical control of such nuisance.

In the event the city is once required to abate such nuisance the city may, in addition, before and during the next following germinating season of such hazardous fuels, provide for the preventive abatement of such nuisance by using chemical control of such hazardous fuels.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018; Ord. No. 1068 N.S., § 8, 2-5- 2019)

After passage of the resolution, the fire chief shall cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists. They shall post:

(a)

One notice for each separately owned parcel of property of not over fifty feet frontage.

(b)

Not more than two notices for any such parcel of property of one hundred feet frontage or less.

(c)

No more than one hundred feet apart if the frontage of such parcel of property is greater than one hundred feet.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018)

The heading of the notices shall be "Notice to destroy weeds and remove hazardous fuels, rubbish, and dirt" in letters not less than one inch in height and be in substantially the following form:

NOTICE TO DESTROY WEEDS AND REMOVE HAZARDOUS FUELS, RUBBISH, AND DIRT

Notice is hereby given that on the _______ day of _____, 20, the City Council of the City of El Paso de Robles passed a resolution declaring that weeds were growing upon or in front of the property on this street, and that hazardous fuels, rubbish, and dirt were upon or in front of property on this street, in the City of El Paso de Robles, and as more particularly described in the resolution, they constitute a public nuisance that must be abated by the removal of the weeds, hazardous fuels, rubbish, and dirt. Otherwise they will be removed and the nuisance abated by the city and the cost of removal will assessed upon the land from or in front of which the weeds, hazardous fuels, rubbish, and dirt are removed and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the city clerk.

All property owners having any objections to the proposed removal of the weeds, hazardous fuels, rubbish, and dirt are hereby notified to attend a meeting of the City Council of the City of El Paso de Robles to be held on ________ and ________, when their objections will be heard and given due consideration.

Dated this_______day of ___, 20.

---

Fire Marshal City of El Paso de Robles

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018; Ord. No. 1068 N.S., § 9, 2-5- 2019)

The notices shall be posted at least five days prior to the time for hearing objections by the city council.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018)

As an alternative to posting notice of the resolution and notice of the meeting when objections will be heard, the city council may direct the fire chief to mail written notice of the proposed abatement to all persons owning property described in the resolution. The fire chief shall cause such written notice to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the city council.

The fire chief may request that the county assessor, within ten days after making such request, mail to the fire chief a list of the names and addresses of all of the persons owning property described in the resolution. The address of the owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. The city shall reimburse the county for the actual cost of furnishing such list and the cost shall be a part of the costs of abatement.

The notices mailed by the fire chief shall be mailed at least five days prior to the time for hearing objections by the city council and shall be substantially in the form provided by Section 16.10.120, except that the heading of the notice need not comply with Section 16.10.120.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018)

At the time stated in the notices, the city council shall hear and consider all objections to the proposed removal of weeds, rubbish, refuse, and dirt. It may continue the hearing from time to time.

By motion or resolution, at the conclusion of the hearing the city council shall allow or overrule any objections. At that time, the city council acquires jurisdiction to proceed and perform the work of removal.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018)

The decision of the city council is final.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018)

If objections have not been made, or after the city council has disposed of those made, it shall order the fire chief to abate the nuisance by having the weeds, hazardous fuels, rubbish, refuse, and dirt removed. The order shall be made by motion.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018; Ord. No. 1068 N.S., § 10, 2- 5-2019)

The fire chief may enter upon private property to abate the nuisance.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018)

Before the fire chief arrives, any property owner may remove the weeds, hazardous fuels, rubbish, refuse, and dirt at his own expense. Nevertheless, in any case in which the order to abate is issued, the city council by motion may further order that a special assessment and lien be imposed pursuant to Section 16.10.260. In that case, the assessment and lien shall be limited to the costs incurred by the responsible agency in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical and other general administration costs, which shall include charges sufficient to pay for the administrative costs of the program.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018; Ord. No. 1068 N.S., § 11, 2- 5-2019)

All equipment used for weed abatement work shall be equipped with proper spark arresters, mufflers, etc. A fire extinguisher of a water or back pump type shall be required on weed abatement equipment or shall be immediately available.

The fire chief shall keep an account of the cost of abatement in front of or on each separate parcel of land where the work is done by him. He or she shall submit to the city council for confirmation an itemized written report showing such cost together with the expense proposed to be assessed against it, which shall include charges sufficient to pay for the administrative costs of the program.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018)

A copy of the report shall be posted for at least three days prior to its submission to the city council on or near the chamber door of the city council, with a notice of the time of submission.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018)

At the time fixed for receiving and considering the report, the city council shall hear it with any objections of the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary. The city council shall confirm the report by motion.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018)

The abatement of the nuisance may in the discretion of the city council be performed by contract awarded by the city on the basis of competitive bids let to the lowest responsible bidder pursuant to Sections 37903, 37904, 37905 and 37931 to 37935 inclusive of the California Government Code. In such event, the contractor shall keep the account and submit the itemized report for each separate parcel of land required by Section 16.14.25.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018)

The cost of abatement in front of or upon each parcel of land and the costs incurred by the city in enforcing abatement upon the parcels will include the actual costs of abatement as well as a one hundred percent administrative fee deemed sufficient to cover the administrative costs incurred which includes the investigation, boundary determination, measurement, clerical and other related costs, and constitutes a special assessment against that parcel. After the assessment is made and confirmed, a lien attaches on the parcel upon recordation of the order confirming the assessment in the office of the county recorder of the county in which the property is situated, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes as imposed by Section 16.10.270 would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the costs of abatement and the costs of enforcing abatement, as confirmed, relating to such property will be transferred to the unsecured roll for collection.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018)

Except as provided in Section 16.10.260, after confirmation of the report, a copy shall be given to the county auditor, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018)

Except as provided in Section 16.10.260, a certified copy of the report shall be filed with the county auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map books for the current year.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018)

The county auditor shall enter each assessment on the county tax roll opposite the parcel of land.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018)

The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary

municipal taxes.

The city council may determine that, in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, such assessments of fifty dollars or more may be made in annual installments, in any event not to exceed five, and collected one installment at a time at the times and in the manner of ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for foreclosure and sale provided for ordinary municipal taxes. The payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the city council, not to exceed six percent per annum.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018)

As an alternative method, the county tax collector in his discretion may collect the assessments without reference to the general taxes by issuing separate bills and receipts for the assessments.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018)

The fire chief may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the report and until ten days before a copy is given to the county auditor, or, where a certified copy is filed with the county auditor, until August 1 following the confirmation report.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018)

The city manager may order refunded all or part of a tax paid pursuant to this chapter if he finds that all or part of a tax paid pursuant to this chapter has been erroneously levied. A tax or part shall not be refunded unless a claim is filed with the city clerk on or before November 1 after the tax became due and payable. The claim shall be verified by the person who paid the tax or by the person's guardian, conservator, executor, or administrator.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018)

If the city council finds that property damage was caused by the negligence of a city officer or employee in connection with the abatement of a nuisance pursuant to this chapter, a claim for such damages may be paid from the city general fund. Claims therefor are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the California Government Code.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018)

The proceedings set forth in this chapter are an alternative to any the procedures set forth in Chapter 9.06.

(Ord. No. 1047 N.S., § 3(Exh. A), 1-16-2018; Ord. No. 1048 N.S., § 2(Exh. A.), 2-6-2018)