Red Bluff Municipal Code Art. V Weed Abatement

Under the authority granted in Article XI, Section 7 of the California Constitution and Government Code § 36900 and § 36901, the city, by and through its Council, does enact this article of its Municipal Code, which shall be known as the Weed Abatement Ordinance.

(Ord. 1091, passed 11-18-2025)

Person(s) owning, leasing, renting, in legal control of the property; and operating or maintaining buildings or structures in, upon or adjoining hazardous fire areas; and persons owning, leasing or controlling land adjacent to such buildings or structures, shall at all times maintain an effective firebreak, as stipulated in this code. When property lines are adjacent to roadways, the hazard shall be cleared to the center of the roadway.

(Ord. 1091, passed 11-18-2025)

The following words and phrases, with this code, shall be defined as follows:

COMPOST PILE. A mixture of decayed organic matter (pine needles, leaves, grass clippings and the like) compiled together with the intention to convert compost to fertilizer.

CONTINUOUS FUEL. Combustible vegetation, whether living or dead, that is adjacent to other similar vegetation without a break.

DEBRIS. Waste matter, dry grass, dead trees, cut limbs or branches, piles of pine needles or leaves that, when dry, may become a fire hazard.

DEVELOPED LOT. Structure(s) present on property, including streets and alley ways serving the developed lot.

FIRE HAZARD. Anything or act that increases or may cause an increase of the hazard or menace of fire or explosion, to a degree greater than that customarily recognized as normal by persons in the public service of preventing, suppressing or extinguishing fires; or that may obstruct, delay or hinder, or may become the cause of an obstruction, delay or hindrance, or may become the cause of an obstruction, delay or hindrance to, the prevention, suppression or extinguishment of the fire.

LOT. All land within the property lines set forth in the assessor's parcel map or as established by a recorded map or record, including streets and alley ways serving the lot.

MOWING. To cut with a scythe or machine.

PASTURE. Land used actively for the grazing of livestock.

RUBBLE. Any rubble, residue, structure, or part or portions of a structure, remaining after fire damage to, or the demolition or partial demolition of, any building or structure in the city.

VACANT LOT. Void of any structures.

WEED. A plant that is not valued where it is growing; when dry, it presents a significant fire hazard to property and structures.

(Ord. 1091, passed 11-18-2025)

Clearance of rubble, brush or vegetative growth from vacant and developed lots:

(A) A clear space around all buildings, a minimum of 30 feet wide. The Fire Chief may require clear space to be larger if a potential fire hazard exists.

(B) Parcels five acres or larger in size may be abated through the creation of firebreaks. Firebreaks shall consist of a minimum 30-foot-wide firebreak constructed along all property lines. Additional 30-foot-wide "crosscut" firebreaks must be constructed throughout the remainder of the parcel to divide the remaining combustible material into separate sections, no more than one acre (208 feet x 208 feet) in size. All combustible growth must be cut and removed from within a minimum of 30 feet from all structures and all access roads on the property. All combustible growth must also be removed from any sidewalks, planter strips, alleys or ditches which are adjacent to the parcel.

(C) A clear space extending a minimum of 30 feet beyond the foliage of any group of trees. The Fire Chief may require clear space to be larger if a potential fire hazard exists.

(D) All weeds, debris and rubble that could be expected to burn, or may cause a life or safety hazard, must be removed from the entire vacant or developed lot. Weeds shall be mowed and/or cut to a maximum height of four inches.

(E) Pasture and greenbelt areas shall be assessed on an individual basis, taking into consideration all community environmental hazard controls affecting types of vegetation, fuel load of the property, soil erosion, and the potential for that area to present a fire hazard to other properties.

(Ord. 1091, passed 11-18-2025)

(A) The Fire Chief shall cause two notices to be published in the Red Bluff Daily News, between April 1 and May 1 of each year, which notices shall in each publication provide as follows:

(B) Notice to all owners of land in the city limits of the City of Red Bluff to remove or destroy all weeds, debris and rubble thereon prior to June 1.

(C) Delinquent parcels shall be mitigated to the satisfaction of the Fire Chief or his or her representatives, by city personnel or contractor, at the expense of the owner whose real property is assessed on the last equalized assessment roll.

(Ord. 1091, passed 11-18-2025)

(A) In the event the person or persons owning, occupying, renting, managing or controlling any real property in the city shall fail to remove therefrom, and from the portions of streets/alleys adjoining such property, all weeds, debris and rubble in accordance with the provisions of this part, it shall be the duty of the Fire Chief or his or her authorized representatives to notify the person or persons to remove the same within ten days.

(B) Such notice shall be in writing or printed and shall be dated. The Fire Chief or his/her representative shall mail written notices in substantially the same form as provided herein, except that the Fire Chief or his or her authorized representative shall sign said notice that is to be mailed to the owner whose real property is assessed on the last equalized assessment roll, and it shall be mailed to the address shown on the last assessment roll.

(C) Before the end of the period to comply mentioned in the notice, the owner, if he or she has any objection thereto, may file a protest in writing with the City Clerk, setting forth the legal and factual reasons on which the objection to the notice or proposed removal or destruction is based.

(D) If, at the end of the period to comply mentioned in the notice, the owner has failed to comply with the notice, and if he or she has failed to file a written protest with the City Clerk, the property owner will incur inspection fees weekly until the property is mitigated. Inspection of the property will not take place more than once per week. Should the Fire Department have personnel and funds available, the hazard could be mitigated by city personnel or a weed abatement contractor, at the expense of the owner whose real property is assessed on the last equalized assessment roll, and it shall be mailed to the address shown on the last assessment roll. Failure to pay the mitigation expenses shall result in a lien for applicable abatement costs on said property.

(E) If written protest is filed with the City Clerk, and if the City Clerk or the Fire Chief believes the protest to be without merit, then the written protest shall be referred to the City Council for a hearing and a decision thereon.

(F) The City Council may hear the protest at a regular or special meeting, and the City Clerk shall mail to the address on the last assessment roll, at least seven days before the hearing, a notice of the date and time of the hearing before the City Council, to the owner who has filed a written protest of the proposed removal.

(G) If the City Council finds the written protest and the oral testimony, if any, to be without merit and overrules the protest, then the City Clerk shall mail to the owner, at the address on the last assessment roll, a notice giving the substance of the decision of the City Council; and then if the owner does not, at his or her own expense, make the removal within five days thereafter, the hazard shall be mitigated by city personnel or a weed contractor, at the expense of the owner whose real property is assessed on the last equalized assessment roll, and it shall be mailed to the address shown on the last assessment roll. Failure to pay the mitigation expenses shall result in a lien for applicable abatement costs on said property.

(H) Form of violation notice. The heading of the notice to be given by the Fire Chief or his or her authorized representative shall be "notice to destroy or remove weeds, debris and rubble", and the notice shall be substantially in the following form:

(Ord. 1091, passed 11-18-2025)

The Fire Chief, his or her authorized representative or independent contractor, city employees or another public official designated by the City Council may, at reasonable hours, enter upon private property to perform the duties imposed by this article, following failure to comply by the owner following the notice given pursuant to § 8.65.

(Ord. 1091, passed 11-18-2025)

Upon completion of the work of destruction or removal of weeds, debris or rubble by the city, the Fire Chief shall notify the City Clerk that the work has been completed and shall, in writing, inform the City Clerk of the cost of performing the same. The City Clerk shall, in turn, notify the owner of the real property, in writing, of the cost of the work. If the owner fails or refuses to pay to the city the amount of cost of the work within a period of 30 days from the date of the notice, then the City Clerk shall record, in a book to be kept for that purpose: the name of the owner of the property, a description of the property sufficient for identification, and the amount of the charges against said real property sufficient for identification, and the amount of the charges against said real property for doing the work, removal or destruction of weeds, debris or rubble from the property. From and after the date that the entry is so made, the amount charged against the real property, which amount shall include the cost of administration, removing, transporting and depositing the weeds, debris or rubble from the real property, including from the property line thereof to the center of roadway, shall constitute a special assessment against the real property, which has been described in the posted notice, and shall be a lien against the real property, and the amount of the special assessment shall be added to the next regular bill for taxes levied against said real property for municipal purposes.

(Ord. 1091, passed 11-18-2025)

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

(Ord. 1091, passed 11-18-2025)

The City Council may order refunded all or part of a special assessment paid pursuant to this article, if it finds that all or part of the special assessment has been erroneously levied. A special assessment or portion thereof shall not be refunded unless a claim is filed with the City Clerk on or before March 1 after the special assessment became due and payable. The claim shall be verified by the owner who paid the tax, or his or her guardian, executor, administrator, assignee or successor in interest.

(Ord. 1091, passed 11-18-2025)