Tehama Municipal Code Art. IV Other Remedies and General Provisions

A. Notwithstanding any other provision of this chapter, when any fire hazard constitutes an immediate threat to public health or safety, and when the procedures authorized in this chapter would not result in abatement of that nuisance within a short enough time period to avoid any potential harm from that threat, the enforcing officer may summarily abate the nuisance or cause the nuisance to be abated. The enforcing officer shall make reasonable efforts to notify the owner of the property on which the nuisance exists by issuing a notice of abatement and administrative order to show cause why the material should not have been abated. The notice of abatement and administrative order to show cause shall be administratively adjudicated in a like manner as found in the procedures for administratively adjudicating the notice to abate public nuisance and administrative order to show cause found in Section 10.16.060 through 10.16.190 in Chapter 10.16. The county may recover its costs for abating the nuisance in a like manner as in chapter 10.16 or through a civil action brought by the office of county counsel.

(Ord. No. 2122, § 3.C., 6-21-2022)

Nothing in this chapter shall be construed as imposing on the enforcing officer or the county any duty to issue a notice to abate fire hazard, nor to abate a fire hazard, nor to take any other action with regard to any fire hazard, and neither the enforcing officer nor the county shall be held liable for failure to issue an order to abate a fire hazard, nor for failure to abate any fire hazard, nor for failure to take any other action with regard to any fire hazard.

(Ord. No. 2122, § 3.C., 6-21-2022)

All remedies provided for herein are cumulative and not exclusive, and are in addition to any other remedy or penalty provided by law.

(Ord. No. 2122, § 3.C., 6-21-2022)

If any section, subsection, sentence, clause, portion, or phrase of this chapter is for any reason held illegal, invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The board hereby declares that it would have passed this chapter and each section, subsection, sentence, clause, portion, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid or unconstitutional.

(Ord. No. 2122, § 3.C., 6-21-2022)