Tehama Municipal Code Art. II Definitions and Requirements

A. "Abatement" shall mean mitigation or elimination of a fire hazard and such ongoing maintenance as is necessary to prevent the recurrence of a fire hazard, including, but not limited to, creation and maintenance of a firebreak meeting the requirements of Section 9.05.080.

B. "Administrative costs" shall include the cost of county staff time reasonably related to enforcement, for items including, but not limited to, the abatement, site inspections, investigations, summaries, reports, notices, telephone contacts and correspondence, as well as time expended by county staff calculating the above costs and preparing itemized invoices showing such costs.

C. "Agricultural lands" shall mean those lands in the unincorporated area of the County of Tehama where the Tehama County Zoning Code (Title 17 of the Tehama County Code) classifies their primary use for the production of crops or the grazing of livestock.

D. "Disking" shall mean tilling the soil so as to turn under or remove vegetation by mechanical or hand operated methods including, but not limited to, tractor drawn soil tilling equipment, self propelled rotor-tilling equipment or hand hoeing.

E. "Enforcing officer" shall mean the executive officer of the fire protection agency having jurisdiction, any person designated by the aforementioned executive officer, and any person employed by the County of Tehama and appointed to the position of code enforcement officer, as established by Tehama County Resolution Number 125-1991, each of whom is independently authorized to enforce this chapter.

F. "Fire hazard" shall mean that condition which exists when weeds, grass, rank growth, shrubs, trees, or trimmings grow or accumulate upon real property and do, or will when dry, create a medium for the rapid spread of fire. Compost as defined and maintained in accordance with Chapter 9.44 shall be excepted from this definition.

G. "Grass" shall mean any herbaceous plant or any combination of weeds, grass or vegetation, cultivated or not, which will attain, when mature, such a height as to be a medium for the rapid spread of fire.

H. "Obstruction" shall mean any material or object, including natural growing vegetation, which is placed or allowed to accumulate so as to hinder fire suppression or the abatement of fire hazards. Obstructions shall include but is not limited to, low hanging vegetation that affects driveway access and inoperative vehicles adjacent to structures.

I. "Occupant" shall mean an adult person, or an entity, having a possessory interest in real property. "Occupant" shall include a tenant, resident, or other person or entity having possession, use, or control of the property.

J. "Owner" shall mean an adult person, or an entity, having an ownership interest in real property. "Owner" does not include persons having only a security interest in the property.

K. "Pasture land" shall mean lands suitable for grazing by livestock.

L. "Rank growth" shall mean vegetation of any type, cultivated or not, which has attained or will, if allowed to mature, attain such a height and density as to be a medium for the rapid spread of fire.

M. "Rural lands" shall mean those lands in the unincorporated area of the County of Tehama which are not "urban lands" or "agricultural lands" as defined in this chapter.

N. "Structure" shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, and includes any building, including, but not limited to, manufactured buildings, mobile homes, or modular buildings, that is used for any purpose.

O. "Urban lands" shall mean those lands in the unincorporated area of the County of Tehama located in a zoning district in which the Tehama County Zoning Code (Title 17 of the Tehama County Code) permits the creation of parcels that are less than two acres in size.

P. "Weeds" shall mean vegetation which bears or may bear seeds of a downy or wingy nature; other vegetation which may attain such large growth as to become, when dry, a fire menace; vegetation otherwise noxious or dangerous, including poison oak and poison ivy in a condition of growth constituting a menace to public health; and accumulations of refuse, cuttings, trash and other combustible rubbish.

(Ord. No. 2122, § 3.C., 6-21-2022)

A. A fire hazard is hereby declared to be a public nuisance that may be abated in the manner set forth in Chapter 10.16, in addition to any other remedies unless it is located on a parcel that is in compliance with Section 9.05.080.

B. Any other violation of this chapter is hereby declared to be a public nuisance that may be abated in the manner set forth in Chapter 10.16, in addition to any other remedies.

(Ord. No. 2122, § 3.C., 6-21-2022)

A. No owner or occupant of any parcel within the unincorporated area of Tehama County shall cause, permit, suffer, or maintain upon that parcel any fire hazard unless that parcel also contains all firebreaks required by Section 9.05.080.

(Ord. No. 2122, § 3.C., 6-21-2022)

A. Except as provided in Section 9.05.060, firebreaks shall be created and maintained on real property, where a fire hazard exists, to slow or stop the spread of fire as provided in this section.

B. The firebreaks required upon rural lands shall be created and maintained in accordance the Public Resources Code 4291 and Government Code 51182.

C. The firebreaks required on agricultural lands shall be created and maintained in accordance the Public Resources Code 4291 and Government Code 51182 except that irrigated land shall be deemed as not contributing to any nuisance.

D. The firebreaks required on urban lands shall be as follows:

1. On parcels of urban lands that are two acres in size or smaller and unimproved with structures, a firebreak shall be required over the entire area of the parcel.

2. On parcels of urban lands that are between two and ten acres in size and unimproved with structures, and where adjacent parcels are improved with structures firebreaks shall be required adjacent to and along all parcel lines for a width of thirty feet.

3. On parcels of urban lands that are improved with structures or more than ten acres the firebreak requirements shall be the same as specified in subsection B. above.

(Ord. No. 2122, § 3.C., 6-21-2022)

A. Upon request of the owner or occupant of real property, or upon his own initiative, the enforcing officer may establish firebreak standards for any real property that are modified from the firebreak standards outlined in Section 9.05.050.

B. When making such a determination, the enforcing officer shall consider all of the following:

1. Location of structures on or in close proximity to the property;

2. Type, density and condition of vegetation on the property or on adjacent property;

3. Existence of flammable or otherwise hazardous materials on the property or on adjacent property;

4. Existence of natural or other existing firebreaks on the property or on adjacent property;

5. The slope and other characteristics of the terrain which may make the creation and maintenance of firebreaks infeasible;

6. Whether a reduced firebreak requirement around residences and structures is appropriate to mitigate erosion potential on steep slopes, to prevent destruction of unique wildlife habitat, endangered species and/or vernal pools, or watercourses, or for other environmental factors.

C. The enforcing officer shall make such determination in writing, and shall mail or personally deliver a copy of such determination to the owner or occupant of the real property.

D. No such modification of the firebreak standard shall take effect thirty days after the owner or occupant receives such written determination from the enforcing officer.

E. The enforcing officer may revoke or modify any reduced firebreak determination at any time.

(Ord. No. 2122, § 3.C., 6-21-2022)

A. Any owner or occupant may abate the fire hazard or cause it to be abated at any time prior to commencement of abatement by, or at the direction of, the enforcing officer.

(Ord. No. 2122, § 3.C., 6-21-2022)