Portola Valley Municipal Code Ch. 8.34 Red Flag Warning/Spare the Air Days Restrictions

The National Weather Service issues red flag warnings when weather events may result in extreme fire behavior. Spare the Air days are issued by the Bay Area Air Quality Management District when air quality is forecast to be unhealthy and reducing air pollution is a high priority. These events require additional protections be implemented to ensure that the town does not inadvertently contribute to air pollution or wildfire danger. This section details restrictions on the use of various mechanical equipment for gardening, landscaping and construction during Red Flag/Spare the Air days.

(Ord. 2021-437 § 1, 2021)

In the event of a red flag warning, gas-powered landscaping, construction and gardening equipment shall not be operated. Electric-powered landscaping, construction and gardening equipment may only be used if it can safely be used without causing a fire or a spark, such as when hitting a stone or used near dry vegetation.

(Ord. 2021-437 § 1, 2021)

In the event of a Spare the Air day, gas-powered landscaping, construction and gardening equipment shall not be operated. Electric-powered landscaping, construction and gardening equipment may be used.

(Ord. 2021-437 § 1, 2021)

Notwithstanding Sections 8.34.020 to 8.34.025 above, in the case of an emergency, the town manager may authorize the use of gas-powered landscaping, construction and gardening equipment. Any authorized use shall be in writing for a specified duration.

(Ord. 2021-437 § 1, 2021)

In addition to all other remedies set forth in this code or otherwise provided by law, the following remedies shall be available to the town for violation of this chapter:

(1) Any person violating this chapter shall be subject to a civil fine or penalty in the amount set forth below or as established by the town council by resolution, whichever amount is higher:

First violation: Written warning

Second violation: Two hundred dollars.

Third and subsequent violations: Five hundred dollars.

(2) The violation of this chapter shall be an infraction and not a misdemeanor.

(3) The violation of this chapter shall be and is hereby declared a public nuisance and shall, at the discretion of the town, create a cause of action for injunctive relief.

(4) The code enforcement officer, public works director, planning director or designees are authorized to issue stop work orders, notices of violation, administrative penalties and citations under this chapter and/or pursuant to the administrative guidelines adopted by the public works director.

(5) Any citation or penalty received under this chapter may be appealed to the town manager or designee whose determination shall be final. Such appeal must be filed within fifteen days of receipt of the citation or penalty.

(6) Whenever the amount of any administrative fine or penalty or administrative cost incurred by the town in connection with a violation of this chapter has not been satisfied in full within ninety days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien or, in the alternative, a special assessment against the real property on which the violation occurred.

(7) The town attorney may bring a civil action against the violator to abate, enjoin, or otherwise compel the cessation of violation of any provision in this chapter. In a civil action brought pursuant to this chapter in which the city prevails, the court may award to the city all costs of investigation and preparation for trial, the costs of trial, reasonable expenses, including overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees.

(8) The remedies provided in this section may be enforced against the contractor or other person performing work in violation of this chapter as well as the owner of the real property where the violation occurred.

(9) All remedies provided in this section shall be cumulative and are not exclusive.

(Ord. 2021-437 § 1, 2021)