Trinity County Municipal Code Ch. 8.68 Vegetation Management Ordinance

This chapter shall be known and cited as the "vegetation management ordinance" of the county.

(Ord. No. 1300, § 1, 10-3-06)

The board finds that the county has certain climatic, geologic, and topographical features that can have a deleterious effect on emergency services such as fire protection and emergency medical services.

(Ord. No. 1300, § 1, 10-3-06)

For the purposes of this chapter the following words and phrases shall have the meanings as described in this section:

"Dead, dying or diseased trees" include pest or pathogen infested trees, that have been severely damaged or killed by fire, abandoned or neglected groves or other trees, which are in a dying condition or no longer living, if such conditions increase fire hazards.

"Hazardous fire area" is land which is covered with grass, grain brush or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion.

"Parcel" means any contiguous quantity of land in the possession of, or owned by, or recorded as the property of, or under management of, the same person or entity and which is located in the unincorporated area of the county of Trinity.

"Vegetation" is material that in its natural state will readily ignite, i.e., burn and transmit fire from native or landscape plants to any structure or other vegetation. Vegetation includes dry grass, brush, weeds, dead or dying timber, fire-prone trees, litter or other flammable vegetation that creates a fire hazard.

"Waste material" is unused or discarded matter having no substantial market value, which is exposed to the elements and is not enclosed in any structure or otherwise concealed from public view, and which consists of such matter and material as rubble, asphalt, other combustible material, and stock piled dead vegetation.

"Wildland-urban interface (WUI)" WUI is an area within or adjacent to an at-risk community that is identified in the recommendations to the Secretary of Agriculture or Secretary of the Interior in a Trinity County community wildfire protection plan.

(Ord. No. 1300, § 1, 10-3-06)

The following items are hereby declared a public nuisance:

A. Excessive amounts of dry grass, stubble, brush, litter, dead or dying trees, or other flammable material, or overly dense forests which endangers the public safety by creating a fire hazard in a wildland-urban interface area.

B. Cultivated areas and useful vegetation, and pasture will not be declared a public nuisance. However, if the board's designee determines it necessary to protect adjacent improved property from fire exposure, an adequate firebreak may be required.

C. Any accumulation of dry grasses or other flammable vegetation within one hundred feet of any occupied structure, as required by Public Resource Code Section 4291.

D. Any accumulation of dry grasses or other flammable vegetation within thirty feet of any aboveground flammable liquid or combustible gas vessel.

E. Trees, if determined to increase the fire hazard, due to mortality, insect infestation, disease, excessive density or lack of maintenance standing or on the ground.

F. Dead and/or dying groves and/or forests, standing or on the ground.

G. Concentrations of vegetation as described in this chapter of greater than twenty tons per acre.

(Ord. No. 1300, § 1, 10-3-06)

Waste material, vegetation, and dead, dying or diseased trees as herein defined, which by reason of its location and character would materially hamper or interfere with the prevention or the suppression of fire upon the premises or adjacent premises, or the abatement of a nuisance as defined by Section 12510, Health and Safety Code, is hereby declared a public nuisance.

(Ord. No. 1300, § 1, 10-3-06)

If it is determined that a public nuisance or fire hazard as herein defined exists on any property, lot or premise, vacant or occupied, the board's designee will cause a notice to be issued to abate such nuisances.

Such notice will be headed: "NOTICE TO ABATE HAZARD" which shall, in legible characters, direct the abatement of the nuisance or fire hazard and refer to this article and section for particulars. Notice to abate hazard served by means other than posting as provided by this article will contain a description of the property in general terms reasonably sufficient to identify the location of the nuisance.

For parcels owned or controlled by public agencies, the county shall provide notice to said entity, require the area be included in the county community wildfire protection plan and request that the nuisance be abated in accordance with the Healthy Forest Restoration Act of 2003.

When appropriate, the county may request cooperating agency status on federal actions regarding this chapter.

(Ord. No. 1300, § 1, 10-3-06)

The notice required by Health and Safety Code Sections 14890—14896 may be served in any of the following manners:

A. By personal service on the owner, occupant or entity in charge or control of the property.

B. By regular first class postage prepaid mail addressed to the owner or entity in charge and control of the property, at the address shown on the last available assessment roll, or as otherwise known.

C. By posting at a conspicuous place on the land or abutting public right-of-way and insertion of an advertisement at least once a week for a period of two weeks in a newspaper of general circulation in Trinity County. Such newspaper advertisement will be a general notice that property in Trinity County has been posted in accordance with this article and contains a general statement of the effect of such posting. The date of such newspaper advertisements will not be considered in computing the appeal periods provided by this article, which shall not commence until fourteen days after the date of the last such newspaper advertisement.

(Ord. No. 1300, § 1, 10-3-06)

Within thirty days from the date of posting, mailing or personal service of the required notice, or end of publication period as stated above, the owner or entity occupying or controlling such property affected may appeal to Trinity County board of supervisors. Such appeal will be in writing and will be filed with the clerk of the board of supervisors. At the regular or adjourned meeting of the board, not less than five days nor more than thirty days thereafter, it will proceed to hear and pass upon such appeal, and the decision of the board of supervisors thereupon will be final and conclusive.

(Ord. No. 1300, § 1, 10-3-06)

It will be the duty of the owner, the agent of the owner, or the entity in possession of any property in Trinity County to abate the nuisance or fire hazard as stated within thirty days from the date of notification as provided herein, or in case of an appeal to the board of supervisors, within thirty days from the determination thereof, unless the same is sustained. For parcels owned or controlled by public agencies, the entity shall issue a notice of intent to prepare an environmental assessment or categorically exempt the abatement within thirty days of notification or board determination. If available, Knutson-Vanderberg trust funds shall be used for such abatement work.

(Ord. No. 1300, § 1, 10-3-06)

If the owner or entity in possession of the property fails or neglects to abate the nuisance as herein defined, within the time specified in the article, the board's designee may cause such nuisances or fire hazard to be abated. Private contractors may do the abatement work. A report of the proceedings and an accurate account of the cost of abating the nuisance or fire hazard on each separate property will be filed in the board of supervisors' office.

(Ord. No. 1300, § 1, 10-3-06)

The county auditor will keep an account for the costs of abatement plus an administrative fee for each parcel abated as defined in the Trinity County fee ordinance. A written itemized abatement report showing the cost of removal and abatement of hazards shall be prepared for the board's approval. At least three days prior to the date of the hearing a copy of the report will be posted in a public place at the offices of Trinity County board or supervisors, showing the date and time of the hearing. A copy of the report and notice of hearing date will be sent to the last known owner of the parcel as listed in the county assessor's office.

At the specified date and time, the board will receive the report. In considering the report, the board will hear it and any objections of the property owners or entity in control of the property liable to be assessed for the work of abatement. After receiving the report and hearing the objections, if any, the board may make such modifications in the report, as it deems necessary, after which, by board action, the report shall be confirmed. After the report has been confirmed, the county will seek cost recovery from the property owner entity in control of the property prior to implementing the provisions of Section 8.68.100 of this chapter.

(Ord. No. 1300, § 1, 10-3-06)

The provisions of Sections 39580 through 39586, inclusive, of the Government Code of the state of California are incorporated by reference and made a part of this chapter and shall be followed in determining the existence of a nuisance and need for and cost of abatement thereof. The county auditor shall enter each assessment in the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary property taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale as is provided for ordinary property taxes.

(Ord. No. 1300, § 1, 10-3-06)

Any project undertaken to comply with the requirements of this chapter, whether by the landowner or on behalf of the county as a nuisance abatement, shall comply with the California Z'berg-Nejedly Forest Practice Act, Public Resources Code Sections 4511 et seq., as amended from time to time, as well as the Trinity County general plan, applicable community plans and their goals, objectives and policies, as amended from time to time.

(Ord. No. 1300, § 1, 10-3-06)

The owner, occupant, entity in control of the property, or their agent of any property within Trinity County who will permit or allow the existence of a public nuisance as defined in this chapter, upon any lot or premise owned, occupied, or controlled by him or her, or who shall violate any of the provisions of this chapter, shall be guilty of a misdemeanor and upon conviction thereof be subject to a fine of not more than five hundred dollars, or to imprisonment for a period not exceeding six months, or both.

(Ord. No. 1300, § 1, 10-3-06)