Petaluma Municipal Code Ch. 10.70 Hazardous Vegetation and Rubbish Inspection and

ABATEMENT FOR WILDFIRE SAFETY1

1 This chapter is adopted pursuant to the provisions of California Government Code Sections 39501 and 39502.

This chapter shall be known and may be cited as the "hazardous vegetation and rubbish abatement ordinance."

The purpose of this chapter is to provide for the removal of hazardous vegetation and combustible material

situated on real property so as to reduce the potential for Mre and to promote the public health, safety and welfare

of the community.

The city council makes the following Mndings:

A. It is the intent of the city council that this chapter shall apply to the abatement of hazardous vegetation and

combustible material on unimproved and improved parcels in the city;

B. Petaluma generally has a climate conducive to wildMres and is prone to periodic dry conditions and wind

events. Many of Petaluma’s native and nonnative plant species can be highly Nammable during normal dry periods

and have contributed to signiMcant wildMres within the county. Increasingly dry conditions and severe wind events

further exacerbate the Mre danger and have resulted in catastrophic Mre losses to life, property and the

environment;

C. Petaluma has a diverse and complex landscape which includes mountainous areas or forest-covered lands,

brush-covered lands, grass-covered lands, and other brush-covered wildlands which are home to many rare and

sensitive plant and animal species;

D. Of paramount importance to the city council and the residents of Petaluma is the protection of lives and

property from the threat of Mre and the safety of Mre and law enforcement personnel during wildMres;

E. It is the purpose of this chapter to establish a hazardous vegetation and combustible material abatement

program that protects the lives and property of the residents of Petaluma while at the same time protecting rare

and sensitive plant and animal species and the environment;

F. The city council Mnds that hazardous vegetation or combustible material poses a danger to the health, safety

and welfare of the residents in the vicinity of any real property located throughout Petaluma for the reasons set

forth above. Therefore, all hazardous vegetation or combustible material located on real property within Petaluma

is deemed a public nuisance and poses a hazard to the safety of the landowners, residents in the vicinity, users of

public highways and to the public generally.

(Ord. 2878 NCS §3, 2024.)

A. "Cost of abatement" or "cost of abating a nuisance" as used in this chapter means any and all costs incurred

by the Petaluma Mre department or Petaluma code enforcement division to enforce this chapter including, but not

limited to, investigation, inspections; preparation, service and/or publication of administrative notices and other

related clerical costs; actual removal of hazardous vegetation and/or rubbish whether performed by the Mre

department or their contractor.

B. "Fire chief" as used in this chapter means the chief of the Petaluma Mre department or their designee.

C. "Hazardous vegetation" as used in this chapter means all weeds growing upon streets, alleys, sidewalks, or

private property in the city and includes any of the following:

1. Weeds which bear or may bear seeds of a downy or wingy nature;

2. Weeds and indigenous grasses, like sagebrush and chaparral, which may attain such large growth as to

become, when dry, a Mre menace to adjacent improved property;

3. Weeds which are otherwise noxious or dangerous;

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

public health;

5. Dry grass, stubble, brush, litter, or other Nammable material which endangers the public safety by

creating a Mre hazard.

6. Hazardous vegetation described in this chapter for abatement does not apply to maintained vegetation

in compliance with defensible space requirements, protected riparian zones regulated by other agencies, or

other like vegetation.

D. "Rubbish," as used in this chapter, means all combustible waste or refuse matter which has been left,

deposited or abandoned on any lot or parcel of land in the city, and also means noncombustible waste matter,

refuse, dirt and worthless or useless articles of property left, deposited or abandoned on any lot or parcel of land

in the city in such fashion or in such quantity as to be unsightly, unhealthful, dangerous to persons, or so as to

interfere with the abatement of hazardous vegetation under this chapter.

E. "Street" includes public street, alley, lane, court or other place.

(Ord. 2878 NCS §3, 2024.)

A. No owner, agent, lessee or other person occupying or having charge or control of any building, lot or

premises within the city shall permit hazardous vegetation or rubbish to remain upon such premises, the streets

or sidewalks or upon or in front of their property.

B. All rubbish and hazardous vegetation growing upon the streets or sidewalks or upon or in front of private

property within the city is declared to be a public nuisance by the city council and may thereafter be abated as

provided by this chapter.

(Ord. 2878 NCS §3, 2024.)

A. Whenever any such rubbish or hazardous vegetation are growing upon any private property or properties or

in any street within the city, the city council may pass a resolution declaring the same to be a public nuisance and

order the Mre chief to give notice of the passage of such resolution as herein provided, and stating therein that,

unless such nuisance is abated without delay by the destruction or removal of such rubbish or hazardous

vegetation, the work of abating such nuisance will be done by the city authorities, and the expense thereof

assessed upon the lots and lands from which, and/or in the front and rear of which, such hazardous vegetation or

rubbish shall have been destroyed or removed.

B. Before the passage of a resolution as described in subsection A of this section, the Mre chief shall cause a

notice thereof to be published in the oOcial newspaper of the city. The notice shall also set the times and place for

a public hearing thereon, which shall be not less than Mve days following the last publication of the notice. Such

notice shall be in substantially the following form:

NOTICE TO DESTROY HAZARDOUS VEGETATION AND REMOVE RUBBISH

NOTICE IS HEREBY GIVEN that the Council of the City of Petaluma adopted Ordinance No. 2878 N.C.S.,

adding Chapter 10.70 to the Petaluma Municipal Code declaring that rubbish and noxious or dangerous

hazardous vegetation growing upon or in front of any private property located within the City of

Petaluma is a public nuisance.

NOTICE IS FURTHER GIVEN that property owners shall without delay remove such rubbish and noxious

or dangerous hazardous vegetation, otherwise they will be removed and the nuisance will be abated by

the city of Petaluma in accordance with the provisions of Chapter 10.70 of the Code of the City of

Petaluma. All costs of abatement including those for inspection, administration and removal will be

assessed upon the lot and lands from which or in front of which or adjacent to which such hazardous

vegetation is abated and such costs will constitute a lien upon such lots or lands until paid.

NOTICE OF HEARING

All property owners having any objections or protests to the proposed removal or destruction of such

hazardous vegetation or rubbish are hereby notiMed to attend a meeting of the City Council of the City of

Petaluma on the ____ day of , 20, when the City Council will hear any objections and give

consideration to the same.

For those property owners liable to be assessed for the work of abating such nuisance where the city

performs the removal or destruction of such hazardous vegetation or rubbish, are also hereby notiMed

to attend a meeting of the City Council of the City of Petaluma, tentatively scheduled for ____ day of ____,

20______, where City Council will hear and consider objections which may be raised by in accordance with

Petaluma Municipal Code Section 10.70.080.

C. The Mre chief shall send a notice by regular United States mail of such public hearing to the owner of any

parcel of real property upon which such a public nuisance exists. The notice may be sent to the owner at the

address shown upon the records of the city assessor. The mailed notice shall be in substantially the same form as

the notice provided in subsection B of this section. The mailed notice shall be mailed at least seven days prior to

the public hearing described in subsection A of this section and Section 10.70.050. Failure of the Mre chief to send

such notice or of the owner to receive such notice shall not prevent the city from proceeding pursuant to this

chapter.

D. At the time it adopts the resolution pursuant to this section, city council may also Mnd and declare that

hazardous vegetation on speciMed 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 any subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar

year, no further hearings need be held and it shall be suOcient to mail a notice to the owners of the property.

1. The notice shall refer to and describe the property and shall state that overgrown vegetation 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 overgrown vegetation, 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 or in front of which such overgrown vegetation are

removed and that upon conMrmation such cost will constitute a lien upon such parcel or lands until paid.

2. The notice may state that the eOcient and economical control of such seasonal and recurrent nuisance

requires preventive chemical control of such weeds, 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 weeds,

provide for the preventive abatement of such nuisance by using chemical control of such weeds, subject to an

adopted integrated pest management plan.

(Ord. 2878 NCS §3, 2024.)

A. At the time stated in the notices prescribed in Section 10.70.040, the city council shall hear and consider all

objections or protests, if any, to the proposed removal of hazardous vegetation and rubbish and may continue the

hearing from time to time. Upon the conclusion of such hearing, the city council, by motion or resolution, shall

allow or overrule any or all objections, whereupon the city council shall be deemed to have acquired jurisdiction to

proceed and perform the work of removal of hazardous vegetation and rubbish, and the decision of the city

council on the matter shall be Mnal and conclusive.

B. Any number of parcels of private property may be included in a resolution pursuant to this section.

(Ord. 2878 NCS §3, 2024.)

A. After Mnal action has been taken by the city council in the disposition of any protests or objections, or in case

no protests or objections have been received, the city council may order the Mre chief to abate such nuisance and

are expressly authorized to enter upon private property for that purpose.

B. In the event the Mre chief abates the hazardous vegetation, the rates or charges for all costs of abatement

incurred by the city shall be as established by resolutions and ordinances of the city council.

C. Any property owner shall have the right to have any such hazardous vegetation and rubbish removed at their

own expense providing the same is done prior to the arrival of the Mre chief or such other public oOcer so

designated or their representatives to do the same. Provided, however, that if an order to abate is issued, the

council may by resolution further order that a special assessment and lien be imposed upon said property for the

costs of abatement, if any, incurred by the Petaluma Mre department in enforcing abatement upon the property

prior to the removal by the property owner.

D. It is unlawful for any person, owner, agent of the owner, lessee or anyone in possession of any premises

within the city to refuse to allow the Mre chief or their agent to enter upon the premises at any time during the

hours of daylight of any weekday for the purpose of removing rubbish and hazardous vegetation, or to interfere in

any way whatsoever with the Mre chief or their agent in any work which they may undertake under the provisions

of this chapter.

(Ord. 2878 NCS §3, 2024.)

The Mre chief shall keep an account of the cost of abating a nuisance pursuant to this chapter and shall render an

itemized report in writing to the city council showing the cost of abating such hazardous vegetation and rubbish

on each separate lot, or in front thereof, or both; provided, that before such report is submitted to the city council,

a copy of the same shall be posted for at least three days prior thereto on or near the chamber door of the council

and on the city’s website, together with a notice of the time when such report shall be submitted to the city council

for conMrmation. (Ord. 2878 NCS §3, 2024.)

A. At the time Mxed for receiving and considering the report described in Section 10.70.070, the city council shall

hear the same, together with any objections which may be raised by any of the property owners liable to be

assessed for the work of abating such nuisance and thereupon make such modiMcations in the report as they

deem necessary, after which, by resolution, the report shall be conMrmed.

B. The amount of the cost of abating such nuisance upon, or in the front or rear of, the various lots or parcels of

land respectively referred to in such report shall constitute special assessments against such respective lots or

parcels of land, and after thus made and conMrmed shall constitute a lien on such property for the amount of such

assessments until paid.

(Ord. 2878 NCS §3, 2024.)

A. After conMrmation of the report pursuant to Section 10.70.080, 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.

B. 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 procedures of foreclosure and sale provided for

ordinary municipal taxes.

C. The Mnance director of the city is authorized to receive the amount due for the cost of abating the nuisance

pursuant to this chapter, and to issue receipts therefor at any time after the conMrmation of the report and until

ten days before a copy of the report shall be turned over to the county tax collector and tax assessor for

placement on the county tax roll for collection.

(Ord. 2878 NCS §3, 2024.)

The city council may order any tax, or any portion thereof, paid pursuant to the provisions of this chapter

refunded; provided, that such tax or portion thereof is found and determined by the city council to have been

erroneously levied; and, provided further, that no such tax, or portion thereof, shall be refunded unless a claim,

veriMed by the person who paid the tax, their guardian, executor or administrator, has been Mled with the city clerk

on or before the Mrst day of March after the date upon which such tax has become due and payable. (Ord. 2878

NCS §3, 2024.)

Claims for damages to property, caused by any oOcer or employee of the city in connection with the abatement of

any nuisance pursuant to the provisions of this chapter, may be paid from the general fund if the city council Mnds

and determines that such damage was caused by the negligence of such oOcer or employee; provided, however,

that no such claim for damages shall be considered or paid unless it is presented in writing and Mled with the city

clerk within one hundred eighty days after such damages occurred. (Ord. 2878 NCS §3, 2024.)

A. In the event the Mre chief should Mnd that any public nuisance, described herein, within or upon or in front of

any lot or parcel of land is so serious and aggravated and presents such an immediate menace or danger to the

public health, safety and welfare that it is essential to protect such public health, safety and welfare that such

nuisance be immediately abated without Mrst publishing, posting or mailing notices, as provided above, and

without Mrst giving the owner or owners of said lot or parcel further time to abate the same, then in that event, the

Mre department may immediately abate said nuisance or cause the same to be abated without Mrst having

published or mailed any notices and without giving the owner or owners of the lot or parcel further time to abate

the same.

B. If the Mre chief summarily abates such nuisance in accordance with subsection A of this section, they shall

prepare and Mle in their oOce a written report describing the location, nature and extent of the public nuisance

and setting forth the reasons why they had to abate it immediately, as aforesaid, and he or she shall cause a copy

of said report to be mailed within fourteen days from and after completion of such abatement to the owner or owners of the lot or parcel within or upon or in front of which said nuisance existed, as said owner or owners are

shown on the last equalized assessment roll of the county of Sonoma.

(Ord. 2878 NCS §3, 2024.)

The method of removing hazardous vegetation and/or rubbish from property as herein provided shall not be an

exclusive method, but shall be an alternative method, and such weeds, vines, shrubs, brush, dead or damaged

trees, and/or debris may be removed from such property pursuant to the provisions of any law of the state, or any

ordinance of the city applicable thereto. (Ord. 2878 NCS §3, 2024.)

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

Disclaimer: The city clerk’s oOce has the oOcial version of the Petaluma Municipal Code. Users should contact the

city clerk’s oOce for ordinances passed subsequent to the ordinance cited above.

City Website: cityofpetaluma.net

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