Placerville Municipal Code Ch. 16 Hazardous Vegetation and Combustible Materials

This chapter shall be known as the PLACERVILLE HAZARDOUS VEGETATION AND COMBUSTIBLE MATERIALS ABATEMENT ORDINANCE. (Ord. 1698, 8-13-2019)

The purpose of this chapter is to provide for the removal of hazardous vegetation and combustible materials situated in the Placerville City limits so as to reduce the potential for fire and to promote the public safety and welfare of the community. (Ord. 1698, 8-13-2019)

The City Council makes the following findings:

(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;

(B) The City of Placerville has a climate conducive to wildfires with periodic dry seasons and wind events. Many of the City's native and non-native plant species can be highly flammable during normal dry periods. Increasingly dry summers and severe wind events further exacerbate the fire danger and have the potential to result in catastrophic fire losses to life, property and the environment;

(C) Of paramount importance to the City Council and the citizens of Placerville is the protection of lives and property from the threat of fire and the safety of fire and law enforcement personnel during wildfires;

(D) 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 citizens of Placerville while at the same time protecting rare and sensitive plant and animal species and the environment, and maintaining the City of Placerville's unique charm;

(E) The City Council finds 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 the territory of the City of Placerville for the reasons set forth above. Therefore, all hazardous vegetation or combustible material located on real property within the City of Placerville 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;

(F) The City finds that this chapter is not subject to the California Environmental Quality Act (CEQA) because it will not result in significant environmental impacts and pursuant to the following categorical exemptions: section 15304(i) (specified fuels management activities within 100 feet of a dwelling), 15308 (actions taken as authorized by local ordinance to assure protection of the environment), 15321 (action by agency for enforcement of a law, general rule, standard or object administered or adopted by the agency). (Ord. 1698, 8-13-2019)

As used in this chapter:

ABATE OR ABATEMENT: Shall mean an act used to remove, destroy, eliminate, size, impound, or any action taken to mitigate a public nuisance.

ABATEMENT COSTS: Shall mean any and all costs incurred by the City to enforce this chapter and to abate the hazardous vegetation or combustible material on any property pursuant to this chapter including physical abatement costs, administration fees and any additional actual costs incurred for the abatement proceeding(s), including attorney's fees, if applicable.

ACCUMULATION OF WEEDS: Includes, but is not limited to, permitting or allowing the growth of weeds.

COMBUSTIBLE MATERIAL/FUEL: Includes an accumulation of hazardous vegetation, garbage, rubbish, waste or material of any kind that is flammable and endangers the public safety by creating a fire hazard.

DEFENSIBLE SPACE: Means that area described in Government Code sections 51177 and 51182 and as otherwise described in this Code, which is adjacent to each side of a building or structure and within which hazardous vegetation and combustible material must be managed as set forth in this Code.

DIRECTOR: Means the Director of Development Services for the City of Placerville.

FIRE CHIEF: Means the Chief of the El Dorado County Fire Protection District (district).

FIRE HAZARD: Shall mean any condition, arrangement, act or omission which:

(A)Increases, or may cause an increase of hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire; or

(B)May obstruct, delay, hinder or interfere with the operations of a Fire Department or the egress of occupants in the event of fire.

FUEL: Means any hazardous vegetation or combustible material, including petroleum-based products and/or hazardous vegetation.

GARBAGE: Includes, but is not limited to, the following: waste resulting from the handling of edible foodstuffs or resulting from decay, and solid or semisolid putrescible waste, and all other mixed, nonrecyclable wastes which are generated in the day- to-day operation of any business, residential, governmental, public or private activity, and may include tin cans, bottles and paper or plastic, or other synthetic material, food or beverage containers.

HAZARDOUS VEGETATION: Means vegetation that is flammable and endangers the public safety by creating a fire hazard including but not limited to seasonal and recurrent weeds, stubble, brush, dry leaves and tumbleweeds.

LADDER FUELS: Shall mean fuels that can carry a fire vertically between or within combustible material or hazardous vegetation.

REFUSE: Includes rubbish and garbage, as defined herein.

RUBBISH: Includes all the following, but is not restricted to, nonputrescible wastes, such as paper, cardboard, grass clippings, tree or shrub trimmings, wood, bedding, crockery, rubber tires, construction waste and similar waste materials.

STRUCTURE: Means any dwelling, house, building or other type of flammable construction including but not limited to a wood fence, deck or porch attached to any other structure.

WASTE: Means all putrescible and non-putrescible solid, semi- solid, and liquid wastes, including residential, commercial, and Municipal garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition debris, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid wastes and semisolid wastes.

WEEDS: As used in this chapter, includes any of the following:

(A) Weeds which bear seeds of a downy or wingy nature;

(B) Brush, slash or weeds which attain such hard growth as to become, when dry, a fire menace to adjacent improved property;

(C) Weeds and grasses which are otherwise noxious;

(D) Poison oak when the conditions of growth are such as to constitute a menace to the public health;

(E) Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard;

(F) Vegetation that is not pruned or otherwise neglected so as to attain such large growth as to become, when dry, a fire hazard to adjacent property. (Ord. 1698, 8-13-2019)

(A) This chapter is enacted by ordinance pursuant to the powers granted to the City concerning the abatement of nuisances as contained in Government Code sections 38771 - 38775.

(B) This chapter is not the exclusive regulation for hazardous vegetation and materials abatement within the City of Placerville. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore and hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction. (Ord. 1698, 8-13-2019)

It shall be the duty of every owner, occupant, and person in control of any unimproved or improved parcel of land or having an interest therein, which is located in the City of Placerville to abate therefrom, and from all sidewalks and roadways, except for those roads accepted into the City maintained system, all combustible material and hazardous vegetation, that constitutes a fire hazard which may endanger or damage neighboring or adjoining property and/or structures. The requirements of this section shall be satisfied if the parcel is cleared in accordance with a Notice to Abate by cutting brush, trimming trees, thinning trees, disking, mowing, plowing or any other method described in a Notice to Abate, or, if no Notice to Abate is issued, by removing all hazardous vegetation and combustible materials as follows:

(A) For improved parcels:

1. Maintain a thirty foot (30') defensible space around all buildings/structures.

(a) The grass needs to be cut six inches (6") or less.

(b) For trees twenty feet (20') or less in height, branches need to be limbed up six feet (6') from the ground. For trees more than twenty feet (20') in height, branches need to be limbed up ten feet (10') from the ground.

(c) Shrubs need to be maintained with ground clearance and removal of dead and dying limbs.

(d) Poorly maintained or overgrown climbing vines must be removed from trees and structures.

2. Additional defensible space outward to one hundred feet (100') from all buildings and surrounding, neighboring structures may be required depending on the property slope, fuel load and/or fuel type.

(a) Fuel load - amount of vegetation.

(b) Fuel type - type of vegetation.

(c) Property slope - steepness of property.

3. Maintain at all times a ten foot (10') minimum clearance of vegetation next to the roadside.

(a) The roadside clearance may be extended more than ten feet (10').

4. Maintain at all times a ten foot (10') minimum clearance in all directions of tree limbs or any other vegetation from chimney and/or stovepipe outlets.

5. Maintain all trees and vegetation adjacent to a structure to minimize overhanging and eliminate dead/dying wood.

6. Maintain the roof and gutters of any structure free of leaves, needles, debris, or dead/dying wood.

7. Install a spark arrester on chimney and/or stovepipe outlets.

(a) The spark arrester must be constructed of heavy wire mesh with openings not to exceed one-half inch (1/2").

8. Provide street address numbers that are clearly visible from the roadside, minimum height four inches (4").

(a) The address numbers should be posted on the house.

(b) If the house sits back from the street, post the address at the beginning of the driveway and on the house.

(c) The address numbers should be in a contrasting color for visibility.

9. Remove all dead/dying vegetation from property.

10. Maintain the property free of ladder fuels.

11. The amount of fuel modification necessary may take into account the flammability of the structure as affected by building material, building standards, location, and type of vegetation. Fuels shall be maintained in a condition so that a wildfire burning under average weather conditions would be unlikely to ignite the structure.

12. This section does not apply to single specimens of trees or other vegetation that are well-pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to a structure or from a structure to other nearby vegetation. The intensity of fuels management may vary within the one hundred foot (100') perimeter of the structure, the most intense being within the area closest to the structure.

(B) For unimproved parcels:

1. Any unimproved parcel of two (2) acres or less shall be cleared of all waste, hazardous vegetation and combustible material prior to May 1 or the start of fire season, whichever occurs first. Lots on which weeds, dry grass, non-cultivated pastures, or other hazardous vegetation exists shall be mowed or trimmed to a maximum vegetation height of six inches (6") throughout the calendar year so as to not constitute a fire hazard.

2. Any unimproved parcel or multiple contiguous parcels under the same ownership consisting of more than two (2) acres shall either be cleared of all waste, hazardous vegetation and combustible material or mowed as set forth in subsection (B)1 of this section, or shall construct and maintain a minimum thirty foot (30') wide shaded firebreak around the perimeter of such property. Such actions should take place prior to May 1 or the start of fire season, whichever occurs first. Shaded firebreaks shall be disked around the entire perimeter of the parcel. Scraping will also be allowed, provided that the scraped material is removed or spread evenly over the remaining property.

3. The Enforcement Officer or his or her designee may require a firebreak of more than thirty feet (30') in width to a maximum of one hundred feet (100') in width, or less than thirty feet (30') in width, as a firebreak for the protection of public health, safety or welfare or the environment. The determination of appropriate clearance distances for firebreaks will be made based upon a visual inspection of the parcel and shall consider all factors that place the property or adjoining properties or structures at risk from an approaching fire. These factors shall include local weather conditions, fuel type(s), topography, and the environment where the property or adjoining properties or structures are located.

(C) The Enforcement Officer's determination of appropriate fuel modification, clearance distances, or other management of hazardous vegetation and combustible materials shall be made for the protection of public health, safety, or welfare or the environment, shall be based upon a visual inspection of the parcel and shall consider all factors that place the property or adjoining properties or structures at risk from an approaching fire. These factors shall include local weather conditions, fuel type(s), topography, and the environment where the property or adjoining properties or structures are located.

(D) A person is not required under this section to manage fuels on land if that person does not have the legal right to manage fuels, nor is a person required to enter upon or to alter property that is owned by any other person without the consent of the owner of the property.

(E) Improved and unimproved parcels adjacent to roadways and determined by the Enforcement Officer (or designee) to be necessary for the safe ingress and egress to the area served by the roadway or fire access easement and on which the current condition of fuels is assessed by the Enforcement Officer as an extra hazardous fire condition must be treated or abated.

(F) Prior to constructing a new building or structure or rebuilding a building or structure damaged by a fire in an area subject to this section, the construction or rebuilding of which requires a building permit, the owner shall obtain a certification from the local building official that the dwelling or structure, as proposed to be built, complies with all applicable State and local building standards, including those described in subdivision (b) of section 51189 of the Government Code, and shall provide a copy of the certification, upon request, to the insurer providing course of construction insurance coverage for the building or structure. Upon completion of the construction or rebuilding, the owner shall obtain from the local building official a copy of the final inspection report that demonstrates that the dwelling or structure was constructed in compliance with all applicable State and local building standards, including those described in subdivision (b) of section 51189 of the Government Code, and shall provide a copy of the report, upon request, to the property insurance carrier that insures the dwelling or structure.

(G) In addition, any new building permit request will necessitate a vegetation management inspection and compliance before issuance of the permit.

(H) Good Neighbor and Neighborhood Protection Policy including unimproved parcels - a one hundred foot (100') wide strip of land around flammable structure(s) located on an adjacent improved parcel may be required (some or all of this clearance may be required on the adjacent improved or unimproved parcel depending upon the location of the structure on the improved parcel). For example, a structure could be within seventy feet (70') of its property line. The City of Placerville urges all such adjacent property owners to assist their neighbor by performing vegetation management on another thirty feet (30') to create a one hundred foot (100') strip of treated land.

(I) Prior to the close of any real estate sales transaction within the City, the requirements for property owners to comply with this chapter shall be disclosed to all potential buyers.

(J) Any use of chemical substances for the purpose of hazardous vegetation abatement shall be in accordance with the manufacturer's recommendations. No toxic chemical substances shall be allowed to enter into lakes, streams, waterways, the City's storm drain system or the City's wastewater system. (Ord. 1698, 8-13-2019)

No person shall dump hazardous vegetation, combustible material or refuse, nor permit the dumping of weeds or refuse, nor permit the accumulation of hazardous vegetation, combustible material or refuse, on their own property or on any other property in such a manner as to constitute a fire hazard. (Ord. 1698, 8-13-2019)

The Enforcement Officer shall have authority to enforce this chapter and issue citations for violations. For purposes of this chapter, the "Enforcement Officer" may be:

(A) The Fire Chief of the El Dorado Fire Protection District (Fire Chief) or his/her designee;

(B) The City of Placerville Development Services Director (Director) or his/her designee. (Ord. 1698, 8-13-2019)

(A) When there is no reasonable expectation of privacy, such as with respect to an abandoned dwelling or building, the Enforcement Officer may enter onto that property without a warrant in order to inspect the property for the purposes of determining whether the provisions of this chapter have been violated. Where there is an inhabited dwelling and/or portions of the property require entering upon the property for inspection, the Enforcement Officer shall obtain legal consent or an inspection warrant issued pursuant to California law.

(B) For the purpose of enforcing or administering this chapter, the Enforcement Officer may seek to enter any real property for the purpose of inspecting the property or for summary abatement proceedings whenever the Enforcement Officer is informed or has reasonable cause to believe that hazardous vegetation or combustible material exists, constituting a condition imminently dangerous or injurious to the health or welfare of persons or to the public, including the environment, is a public nuisance or is otherwise in violation of this chapter. (Ord. 1698, 8-13-2019)

Violations of this chapter may be enforced following the procedures and timelines specified in section 7-16-12 of this chapter. As an alternative to such enforcement procedures, the Enforcement Officer retains the discretion to commence a meet and confer process with property owners determined to be in violation of this chapter to attempt to agree to a mutually acceptable method for abating the waste, vegetation and combustible material existing on such property. Nothing shall prohibit the Enforcement Officer from issuing a hazard abatement notice to a property owner and following the enforcement procedure specified in this section with respect to property owners who do not agree to a mutually acceptable abatement method after discussions with the Enforcement Officer. (Ord. 1698, 8-13-2019)

In addition to the authority granted by law to the Enforcement Officer, in exigent situations, the Enforcement Officer is authorized to enter real property and summarily abate any public nuisance determined by the Enforcement Officer to constitute an immediate threat to public health or safety without prior notice or hearing. (Ord. 1698, 8-13-2019)

Proceedings under this chapter shall commence when a violation of this chapter is identified, and notice is given in the manner prescribed as follows. The Enforcement Officer shall mail written notice to each person that has an ownership interest in the property to which the violation pertains. Ownership interest shall be determined based on the last equalized assessment roll available on the date of mailing of the notice. In addition to mailing, the notice shall be posted on the property. Notification shall also be accomplished by posting on the property where the owner's mailing address is not available or not current.

The contents of written and posted notices shall include the following:

(A) A description of the property by reference to the assessor's parcel number as used in the records of the County Assessor, and by reference to the common name of a street or road upon which the property abuts, if the property abuts upon a road or street;

(B) A statement that there are hazardous vegetation, weeds, rubbish or refuse upon the property;

(C) A notice that such hazardous vegetation, weeds, rubbish or refuse be removed or abated by a date certain, which shall not be less than fifteen (15) calendar days following the mailing or posting of the notice;

(D) A statement that the hazardous vegetation, weeds, rubbish or refuse may be removed under authority of the City and the costs of such removal and abatement made a legal charge against the owner or owners of the property, a lien on the property and subject to collection with Property Taxes as specified under section 38773.5 of the Government Code;

(E) A statement referencing the right to appeal the Enforcement Officer's determination; and

(F) With respect to notices which are posted, a title which reads "HAZARD ABATEMENT NOTICE" the letters of the foregoing title to be not less than one inch (1") in height.

(G) Notices which are posted shall be conspicuously posted in front of the property, or if the property has no frontage upon a road or street, then upon a portion of the property nearest to a road or a street most likely to give actual notice to the owner. Notices shall be posted not more than one hundred feet (100') in distance apart upon property with more than two hundred feet (200') of frontage, and at least one notice shall be posted on each parcel with two hundred (200) or less feet of frontage. (Ord. 1698, 8-13-2019)

(A) Any person, who is adversely affected by the Hazard Abatement Notice specified in section 7-16-10 of this chapter, may appeal such Hazard Abatement Notice to the Hearing Officer within fifteen (15) calendar days of the postmark on the Hazard Abatement Notice by filing a written appeal with the Enforcement Officer. Timely appeal shall stay any further action for removal or abatement until the date set for hearing, unless the weeds, hazardous vegetation, waste or combustible material at issue presents an imminent fire hazard within one hundred feet (100') of any structure. The Enforcement Officer shall set the matter for hearing before the Hearing Officer, who shall be the City of Placerville City Manager or his designee. Any designee of the City Manager shall be someone not involved in any way in the issuance of the Hazard Abatement Notice. The Enforcement Officer shall notify the appellant by certified mail of the date and time set for such hearing, at least fifteen (15) days prior to said date. If the appellant resides outside the County of El Dorado, such Notice of Hearing shall be mailed to the appellant at least twenty (20) days prior to the date set for the hearing. The appellant shall have the right to appear in person or by agent, designated in writing, at the hearing, and present oral, written, and/or photographic evidence. The Hearing Officer shall issue its order denying or granting the appeal, which shall be in writing and be issued within fifteen (15) days of the date of the hearing. The decision of the Hearing Officer shall be final. Following the hearing notification deadline, the parcel shall be abated within seven (7) days. If abatement has not occurred within the seven (7) days, the City may abate the nuisance. (Ord. 1698, 8-13-2019)

In the case of a parcel containing a fire hazard where abatement pursuant to a Hazard Abatement Notice has occurred in two (2) previous years, and the fire hazard is seasonal or recurring, it shall be within the authority of the Enforcement Officer to declare the lot a seasonal public nuisance, whereby the fire hazards shall be abated thereafter without the necessity of further hearing. (Ord. 1698, 8-13-2019)

If compliance has not been accomplished at the end of the time allowed for compliance in the original notice, or as extended by administrative agreement of the Hearing Officer, the Enforcement Officer may order such weeds or other flammable vegetation and/or material to be removed by the City of Placerville or by private contractor selected by the City in accordance with City's abatement contracting procedures. (Ord. 1698, 8-13-2019)

When proceedings under this chapter result in the removal of weeds, grasses, hazardous vegetation, waste or combustible material from property by the City or their agents or contractors due to the refusal of a property owner to comply with this chapter, all costs incurred by the City in performing such removal may be assessed against the property. Such costs shall include the costs of labor, materials and equipment furnished by the City in removing such waste, hazardous vegetation and/or combustible material; the costs incurred by the City for payments to an independent contractor to remove such waste, hazardous vegetation and combustible material from the property; all administrative costs incurred by the City in removing such waste, hazardous vegetation and combustible material including actual costs of investigation, property inspection, boundary determination, measurement, clerical costs, and administrative overhead costs for supervision, insurance, costs of publication, mailing and posting of notices; preparation of contracts with independent contractors to perform the abatement work; review of bids by contractors; administration of contracts for abatement activities; and other budgeted overhead items. If waste, weeds, hazardous vegetation and/or combustible material are ultimately removed from the property by the property owner subsequent to the deadline for removal specified in any Hazard Abatement Notice issued by the Enforcement Officer, the City shall be entitled under this chapter to assess against the property all such costs incurred securing such compliance with this chapter by the property owner up to and including the final date of compliance.

The Enforcement Officer shall keep an account of such administrative and removal costs of abatement and shall submit to the City Council for confirmation an itemized written report showing such unpaid costs and their proposed assessment to the respective properties subject to the Hazard Abatement Notice. The report shall be filed with the City Clerk not less than fifteen (15) calendar days in advance of the confirmation hearing required below.

Upon receipt of the report, a public hearing shall be scheduled to receive any protests and to confirm the cost report. A statement of the proposed costs and notice of the time, date and place of the hearing, together with reference to the report on file with the Clerk, shall be mailed to the owner or owners of each parcel of property proposed to be assessed as shown on the last equalized assessment roll available on the date of mailing of the notice to the address or addresses of the owner or owners shown on the roll or any other address or addresses ascertained to be more accurate. Such notice shall be mailed not less than fifteen (15) calendar days in advance of the hearing.

Notice of the time, date and place of the public hearing by the City Council shall be published once in a newspaper of general circulation published within the City. With respect to each property proposed to be assessed for which the name of the owner or owners is not shown on the last equalized assessment roll, or no address for an owner is shown on the last equalized assessment roll, the notice shall show the name or names of the owner or owners as such name or names are shown on the last equalized assessment roll, the assessor's parcel number, the street address of the property if the property has an address and the address is known to the Enforcement Officer, the name of the street or road upon which such property abuts if the property abuts upon a street or road, the amount of the proposed assessment and reference to the report on file with the Enforcement Officer. Such publication shall be made not less than fifteen (15) calendar days in advance of the hearing.

At the time fixed for receiving and considering the report, the City Council shall conduct a public hearing and shall receive and consider any objections from members of the general public or property owners liable to be assessed for the costs of abatement. The City Council shall then confirm or modify, if necessary, the report by motion or resolution. (Ord. 1698, 8-13-2019)

(A) The costs of abatement incurred by the City once approved by resolution of the City Council shall be mailed to the owner of the property, demanding payment within thirty (30) days of the date of mailing. If the costs as confirmed are not paid by the responsible property owner within thirty (30) days of the date of mailing of the notice, such costs shall be assessed against the parcel of land as a nuisance abatement lien in accordance with Government Code section 38773.1. The Notice of Lien shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, set forth the date upon which the abatement of the nuisance was ordered and the date that the abatement was complete, and include a description of the real property subject to the lien and the amount of the abatement cost constituting the lien. Recordation of a Notice of Abatement Lien pursuant to this section shall have the same effect as recordation of a money judgment recorded pursuant to Code of Civil Procedure section 697.310 et seq., and shall create a lien which has the same priority as a judgment lien on real property which shall continue in effect until released. On the order of the City Council, or any designee of the City Council, an abatement lien created under this chapter may be released or subordinated in the same manner as a judgment lien on real property may be released or subordinated.

(B) As an alternative to, or in addition to the lien procedure detailed in subsection (A) of this section, the abatement costs incurred by the City may be levied against the parcel of land subject to abatement activities by the City as a real property assessment in accordance with Government Code section 38773.5. Any assessment imposed on real property pursuant to this section may be collected at the same time and in the same manner as ordinary Real Property Taxes are collected by the County of El Dorado and shall be subject to the same penalties and the same procedure and sale in case of delinquency as is provided for ordinary Real Property Taxes. Notice of any assessment that is levied on real property pursuant to this section shall be given to the property owner by certified mail from City. The City shall transmit the notice of such assessment levied on real property pursuant to this section to the County Auditor-Controller of El Dorado County with instructions to collect the assessment on the Real Property Tax rolls for the ensuing fiscal year. Such notice shall be transmitted to the County Auditor-Controller prior to August 10 in any fiscal year. (Ord. 1698, 8-13-2019)

In the event an action is filed over any of the proceedings set forth in this chapter, the prevailing party shall be entitled to reasonable fees and costs. (Ord. 1698, 8-13-2019)

(A) A violation of any of the provisions of this chapter, or failure to comply with any of the regulatory requirements of this chapter is an infraction and also constitutes an administrative violation pursuant to title 1, chapter 4A of this Code.

(B) Every violation of this chapter is punishable by: 1) a fine not exceeding one hundred dollars ($100.00) for the first violation; 2) a fine not exceeding two hundred dollars ($200.00) for the second violation of the same provisions within one year, and 3) a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provisions within one year. (Ord. 1698, 8-13-2019)

This chapter and the various parts, sections and clauses thereof are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid, the remainder of this chapter shall not be affected thereby. The City Council hereby declares that it would have passed this chapter and each part thereof, regardless of the fact that one or more parts thereof be declared unconstitutional or invalid. (Ord. 1698, 8-13-2019)

The City Council reserves its right to adopt reasonable rules, regulations, and resolutions consistent with this chapter to enforce, interpret, and carry out the provisions of this chapter. (Ord. 1698, 8-13-2019)