Sierra Madre Municipal Code Ch. 8.36 Hazardous Brush Clearance

It is the objective of this chapter to promote and protect the public health, safety and welfare by recognizing that there exists within the city a potentially hazardous fire situation created by weeds, vegetation and, trees which are in such condition and location as to provide a ready fuel supply to augment the spread or intensity of fire. It is the intent of this chapter to provide minimum standards to safeguard life, safety, property and the public welfare by insuring that hazardous refuse or brush is removed and, that all weeds, vegetation and trees are properly maintained so as to not create a fire hazard within the community.

It is further the intent that this chapter apply on a year-round basis to insure the removal and/or proper maintenance of refuse, weeds, vegetation and trees in order to prevent the spread or intensity of fire within the community.

(Ord. 1091 § 7 (part), 1992: prior code § 4221 (part))

No person who has any ownership or possessory interest in, or control of a parcel of land shall allow to exist thereon any hazardous refuse or hazardous weeds, trees, or other vegetation, which, by reason of proximity to a building or structure, constitutes a fire hazard. For purposes of this chapter, hazardous weeds, trees, or other vegetation which are in such condition and location as to provide a ready fuel supply to augment the spread or intensity of a fire.

(Ord. 1091 § 7 (part), 1992: prior code § 4221 (a))

Each person who has any ownership or possessory interest in, or control of, a parcel of land shall:

A. Remove from the property all dead trees, and maintain all weeds and other vegetation at a height of no more than three inches, except as otherwise provided herein, if such weeds or other vegetation are within one hundred feet of a building. Distances up to two hundred feet may be necessary as determined by the fire chief. This requirement does not apply to the maintenance of trees, ornamental shrubbery or plants which are used as ground cover provided such do not provide a ready fuel supply to augment the spread or intensity of a fire. Grass and other vegetation located more than thirty feet from such building or structure and less than eighteen inches from the ground may be maintained where necessary to stabilize the soil and prevent erosion;

B. Maintain trees within one hundred feet of any building or structure or within ten feet of that portion of any highway, street, alley, or driveway which is improved or used for vehicle travel or other vehicular purposes, so that no leafy foliage, twigs, or branches are within three feet of the ground. Distances may be required up to fifty feet of that portion of any highway, street, alley or driveway which is improved or used for vehicle travel or other vehicular purposes as determined by the fire chief;

C. Remove any portion of a tree which extends within ten feet of an outlet of a chimney or stovepipe;

D. Keep all trees, shrubs and, other growing vegetation or portions thereof adjacent to or overhanging any building or structure free of dead limbs, branches and other combustible matter;

E. Maintain five feet of vertical clearance between roof surfaces and portions of trees overhanging any building or structure;

F. Maintain the roofs of all buildings or structures free of leaves, needles, twigs and other combustible matter;

G. Maintain all weeds and other vegetation located within ten feet of any combustible fence or an edge of that portion of any highway, street, alley or driveway improved or used for vehicular travel or other vehicular purposes at a height of not more than three inches. Under certain circumstances, the fire chief may require clearance of up to fifty feet of the above requirement. This shall not require the removal of trees, ornamental shrubbery of plants which are used as ground cover, provided such do not provide a ready fuel supply to augment the spread or intensity of a fire, nor require the removal of native shrubs which meet the requirements set forth in subsection A of this section;

H. Nothing contained in this section shall be deemed to preclude the fire chief from requiring more than the minimum specific requirements set forth above when the fire chief determines that conditions exist which necessitate greater fire protection measures.

(Ord. 1091 § 7 (part), 1992: prior code § 4221 (b))

The city council finds that uncontrolled or high weeds, brush, plant material or other items prohibited under Section 8.36.030 increase the danger of fire and thus constitute a public nuisance.If such condition exists, the Sierra Madre Fire Department shall give notice to the owner of record to abate the nuisance within thirty days. The notice shall be posted on the parcel and mailed to the owner where a mailing address is available.

The notice shall state that the owner is required to abate the nuisance and that if the nuisance is not abated the city may take further action which can include, (1) the city, or its contractor, may enter upon the parcel of land and remove or otherwise eliminate or abate the nuisance, (2) that upon completion of such work the cost thereof, including administrative costs, shall become a special assessment against that parcel, and (3) that upon city council confirmation for the assessment and recordation of that order, a lien shall attach to the parcel to be collected on the next regular property tax bill levied against the parcel.

(Ord. 1091 § 7 (part), 1992: prior code § 4221 (c))

Whenever the fire chief or designee determines that a public nuisance exists and the notice under Section 8.36.040 has been given, he/she shall commence abatement proceedings.

(Ord. 1091 § 7 (part), 1992: prior code § 4221 (d))

When the fire chief or designee finds that any property is substandard, it is declared to be a public nuisance as determined in Section 8.36.050 and based upon its findings, the fire chief shall order the abatement of the nuisance.

(Ord. 1091 § 7 (part), 1992: prior code § 4221 (e))

The fire chief or designee shall notify by mail the owner of affected properties, as shown on the latest equalized tax assessment roll, of intention to abate the public nuisance. Notices shall be mailed by certified mail to the address of the property owner not less than fifteen days prior to the date of the proposed abatement and shall be done by mailing the same to the owner's address as indicated thereon, and further, by conspicuously posting on the affected premises a copy of the notice.

Failure of any owner, or part concerned therewith to receive a notice hereunder, shall not affect the validity of any proceeding taken hereunder, if the procedure for service of notice has been followed:

The notice of intention shall be in substantially the following form:

NOTICE OF INTENTION TO ABATE PUBLIC NUISANCE

(Name and address of owner of the land)

As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to Chapter 8.36 of the Sierra Madre Municipal Code determines that there exists upon said land or building the following condition which constitutes a public nuisance pursuant to the provisions of Chapter 8.36 of the Sierra Madre Municipal Code.

You are hereby notified to abate said nuisance within fifteen (15) days from the date of mailing of this notice, and upon your failure to do so, the same will be abated by whatever action necessary by the City and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said public nuisance is located.

As owner of the land on which said public nuisance is located, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request in writing to the Fire Department a public hearing to contest the finding of the public nuisance on said property. If such a request is not received by the Fire Chief within such ten (10) day period, the Fire Chief will have the authority to abate said public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such ten (10) day period setting forth your position and intentions regarding the public nuisance on said property with your reasons for denial and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or, in lieu thereof, may present a sworn written statement aforesaid in time for consideration at such hearing.

Notice Mailed ________(date)

s/___________

Fire Chief

(Ord. 1091 § 7 (part), 1992: prior code § 4221 (f))

The owner of the substandard property may appeal the findings of the fire chief or his designee by submitting within a ten-day period from the date of the mailing of the notice, to the fire chief, a written request for a hearing before the planning commission.

(Ord. 1091 § 7 (part), 1992: prior code § 4221 (g))

All hearings under this chapter shall be held before the planning commission, which shall hear all the facts and testimony it deems pertinent. The facts and testimony may include testimony on the condition of the property and circumstances related to the nuisance. The planning commission shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing. The planning commission may impose such conditions and take such other action as it deems appropriate to carry out the purpose of the provisions of this chapter. The decision of the planning commission may be appealed to the city council pursuant to the appeals procedure as set forth in Chapter 2.68 of this code.

(Ord. 1091 § 7 (part), 1992: prior code § 4221 (h))

If any order of the planning commission made pursuant to Sections 8.36.030 or 8.36.040 is not complied with within the period designated by the commission, the fire chief may then cause such work to be done to the extent necessary to eliminate the public nuisance and other substandard conditions determined to exist by the commission.

(Ord. 1091 § 7 (part), 1992: prior code § 4221 (i))

When in the opinion of the fire chief or designee, a substandard structure or substandard property is an immediate hazard to life and property, and the fire chief or designee makes written findings to the effect that abatement of such hazard requires action, the fire chief may then cause such work to be done to the extent necessary to eliminate the hazard. At least twenty-four hours prior thereto the fire chief or designee shall attempt to contact the property owner to inform the owner of the work to be done and request their assistance of immediate voluntary removal of the hazard. At the time or shortly thereafter the work is performed, the fire chief or designee shall post a notice and mail to the property owner the nature of the work performed. Any individual aggrieved by the action of the fire chief under this section may appeal the determination of the action to the planning commission as set forth in Section 8.36.080 except that the appeal shall be filed within ten days from the date of mailing the notice of work performed.

(Ord. 1091 § 7 (part), 1992: prior code § 4221 (j))

The costs involved in the correction of the substandard conditions shall become a special assessment against the property. In addition to the above costs, an administrative processing fee established by resolution of the city council shall be assessed against each parcel for fire department costs associated with abatement. Any additional inspection fees shall be established by resolution of the city council for charges related to inspection services for vegetation hazard identification. The schedule for such fees shall be maintained on file in the fire department. The fire chief or designee shall notify, in writing, all parties concerned of the amount of such assessment resulting from such work. If the total assessment determined as provided for in this section is not paid within thirty days after mailing of such notice, such charges shall be placed as a special assessment on the tax bill for the property pursuant to Section 38773.5 of the Government Code.

(Ord. 1091 § 7 (part), 1992: prior code § 4221 (k))

The provisions of this chapter shall not in any manner limit or restrict the city from enforcing the city codes or abating public nuisances in any other manner provided by law.

(Ord. 1091 § 7 (part), 1992: prior code § 4221 (l))

Where vegetation modification beyond the requirements of Section 8.36.030 is conducted on 1) any developed property larger than five acres or 2) on any undeveloped parcel, a vegetation management plan shall be submitted to the city for review and approval prior to any clearing or grubbing. A vegetation management plan reduces the amount of fuel available, thus reducing the probability of a rapidly spreading wildfire, while taking into account the desire to maintain open space and preserve hillsides in their natural condition.

A. A vegetation management plan shall be used for controlling, changing or modifying wildland areas, beyond defensible space perimeters as defined in Section 8.36.030. Elements of the plan include removal of slash (cut fuels), snags, ladder fuels (vegetation that provides for spread of fire from ground fuels to aerial fuels), and dead trees, and the thinning of live trees and native vegetation.

1. Vegetation management plans which propose to remove or substantially trim any protected tree species as defined by Chapter 12.20, shall be reviewed by the director and referred to the energy, environment and natural resources commission at his discretion.

B. The vegetation management plan shall be designed to control surface water run off so that sheet flow does not do damage to the subject property or to neighboring properties.

1. Surface water runoff shall not be allowed to discharge eroded soil materials into adjoining public or private property, storm drains or streets.

2. Vegetation removal on all private property shall conform to the requirements of SMMC Chapter 7, Storm Water Pollutant Elimination.

C. Vegetation management plans shall describe all actions that will be taken to prevent a fire from being carried toward or away from habited areas and mitigation measures to prevent erosion and runoff problems. A vegetation management plan shall include the following information:

1. A copy of the site plan.

2. Methods and timetables for controlling, changing or modifying areas on the property. Elements of the plan shall include removal of, snags, vegetation that may grow into overhead electrical lines, ladder fuels and dead trees; and the thinning of live trees and native vegetation.

3. A plan for maintaining the proposed fuel-reduction measures.

4. Erosion control measures, covering the entire area to be cleared of vegetation.

D. The posting of security shall be required as a guarantee of the performance of any act. The security shall be in a form consistent with one of the options listed in Section 16.48.030. The amount, release, and/or forfeiture of the security will be pursuant to and consistent with Sections 16.48.040, 16.48.050, and 16.48.060.

E. The certification of a compliance with the vegetation management plan shall be a ministerial act. Within three days upon the determination of the fire chief to approve, conditionally approve or deny the vegetation management plan, notification of the determination will be provided to the applicant and the city council.

F. The determination of the fire chief may be appealed to the city council within fourteen days of the determination. Upon receiving a written notice of an appeal of the determination by any aggrieved party, the following provisions shall apply:

1. Appeal Fee. An appeal fee shall be required as set forth in the fee schedule adopted by city council ordinance.

2. Consideration of the Appeal. The fire chief shall schedule the matter to be considered by the city council at the first available city council meeting. Public notice of the consideration shall be posted at city hall and published in a newspaper of general circulation ten days prior to the hearing.

3. Determination of the Appeal. Upon receipt of the appeal, the city council shall consider all evidence and information upon which the fire chief made the determination, including all relevant public testimony, and adopt one of the following actions:

a. Affirm the determination of the fire chief and deny the appeal; or,

b. Uphold the appeal, thereby reversing the determination of the fire chief; or,

c. Modify the determination of the fire chief as deemed appropriate.

(Ord. 1203 § 2, 2003)

(Ord. No. 1435, § 4, 10-27-20)