Wheatland Municipal Code Ch. 8.16 Correction of a Fire or Life Hazard

This chapter shall be known as the "Correction of a Fire or Life Hazard."

(Ord. 496, 5/28/2024)

This chapter is adopted to provide the Wheatland Fire Authority the power to enforce the correction of fire or life hazards within the city limits.

(Ord. 496, 5/28/2024)

Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter its most reasonable application. The definitions in this section shall carry the meaning as defined in this chapter, elsewhere in this code, by another ordinance of the city, or by other law.

"City council"

means the Wheatland City Council.

"Fire authority"

means the Wheatland fire authority.

"Fire or life hazard"

means each of the following:

Combustible Material: A material that, in the form in which it is used and under the conditions anticipated, will ignite and burn; a material that does not meet the definition of noncombustible or limited-combustible. (Uniform Fire Code, Section 3.3.60.)

Fire Hazard: Any situation, process, material, or condition that, on the basis of applicable data, can cause a fire or explosion or that can provide a ready fuel supply to augment the spread or intensity of a fire or explosion, all of which pose a threat to life or property. (Uniform Fire Code, Section 3.3.129.)

Hazardous Material: A chemical or substance that is classified as a physical hazard material or a health hazard material, whether the chemical or substance is in useable or waste condition. (Uniform Fire Code, Section 3.3.189.4.)

Health Hazard Material: A chemical or substance classified as a toxic, highly toxic, or corrosive material in accordance with definitions set forth in the Uniform Fire Code. (Uniform Fire Code, Section 3.3.189.6.)

"Responsible person"

means and includes each or any of the following:

A person that, by action or inaction, causes, maintains, permits or allows a fire or life hazard;

A person whose agent, employee, or independent contractor, by action or inaction, causes, maintains, permits or allows a fire or life hazard;

An owner, in whole or in part, of real property on which a fire or life hazard occurs, exists or is maintained;

A lessee or sublessee with a current right of possession of real property on which a fire or life hazard occurs, exists or is maintained;

A person that uses real property on which a fire or life hazard occurs, exists or is maintained;

An on-site manager who regularly works on real property on which a fire or life hazard occurs, exists or is maintained, and who is responsible for the business or other activities on that real property;

The owners, majority stockholders, corporate officers, trustees, general partners or any other person with the authority to act for a legal entity such as a corporation that is a responsible person under any or all of subsections (d)(1) through (6) of this section;

If any of the above persons are minors or incompetent, the parents or guardians of such persons shall be deemed a responsible person(s) during such minority or incompetence.

"Served"

means the delivery of any notice or other document: (1) to the responsible person by personal delivery, or by deposit in the United States mail addressed to a responsible person at his, her or its last address known to the city; and (2) if the responsible person served under (1) is not the owner of the property on which a fire or life hazard occurs, exists or is maintained, then also to the owner of the property by personal delivery or by deposit in the United States mail addressed to the owner's address as it appears on the last equalized assessment roll of Yuba County. Service by mail of a notice or other document in the manner provided for in this section shall be effective on the date of mailing. The failure of any person to actually receive such notice shall not affect the validity of the notice or any proceeding if the requirements of this section are satisfied.

(Ord. 496, 5/28/2024)

The fire chief of the fire authority is authorized to enter upon any property or premises within the city to ascertain whether a fire or life hazard as defined in this chapter exists, and to make any inspection, examination and surveys as may be necessary or appropriate in the performance of their enforcement duties, in accordance with federal and state constitutions. These inspections may include the taking of photographs, samples, or other physical evidence. All inspection, entries, examinations and surveys shall be performed reasonably and in accordance with law. If a responsible person refuses to consent to entry and inspection, and if required by the federal or state constitution, the fire chief may seek an administrative inspection warrant pursuant to law.

(Ord. 496, 5/28/2024)

A. The city authorizes the fire authority to issue a written order to correct a fire or life hazard.

B. The order to correct a fire or life hazard shall be served upon the responsible person(s) in accordance with the provisions of Section 8.16.030(e), and shall describe the means to correct the hazard.

C. The fire chief of the fire authority shall have the authority to issue written orders to correct a fire or life hazard and issue citations for failure to comply with any such final order issued under this chapter.

(Ord. 496, 5/28/2024)

A. If the responsible person(s) believes that strict compliance with an issued order to correct a fire or life hazard will cause them undue hardship, the responsible person(s) may present a written request to the city council within ten days requesting a hearing on and a review of the order. If the responsible person(s) fails to requesting a hearing on and a review of the order, the order shall be deemed final.

B. A request for a hearing must state the reasons for making the request, including the bases of any claim for undue hardship or any other challenge to the order.

C. In response to a written request for a hearing on and a review of the order, the city council shall hold a hearing, within forty-five days of the receipt of the request, at which it may modify, vacate, or affirm the order.

(Ord. 496, 5/28/2024)

A. Notice of the hearing shall be served upon the responsible person not less than ten days before the time set for the hearing.

B. Notice of the hearing shall include the time, date, and location of the hearing, a list of the fire or life hazards on the property, and a statement requesting the responsible person's attendance at the hearing.

C. Notice shall be served as provided in Section 8.16.030(e).

D. Continuance of the hearing may be granted by the city council on request of the responsible person(s) for good cause shown, or on the city council's own motion. The responsible person(s) shall be notified of any continuance in accordance with section 8.16.030(e). The responsible person(s)'s failure to attend or to be represented at a hearing shall constitute an abandonment of the hearing and a failure to exhaust administrative remedies.

E. Each and every responsible person issued an order to correct a fire or life hazard under this chapter is jointly and severally liable for the correction of any fire or life hazards and any related penalties imposed.

(Ord. 496, 5/28/2024)

A. At the time, date and location stated in the hearing or continuance notice served upon the responsible person(s), the city council shall hear and consider all relevant evidence, objections or protests and shall receive testimony from responsible person(s), witnesses, fire authority personnel, city personnel and other interested persons relative to the alleged fire or life hazard and to the proposed correction of the fire or life hazard.

B. The city council may continue the hearing from time to time and allow the responsible person(s) additional time to correct the fire or life hazard. In addition, the city council may request additional information or evidence from the responsible person(s) or from the fire chief of the fire authority.

C. All hearings shall be recorded on a video or audio device, unless the city elects to use a court reporter. If a court reporter is not used, the city need not provide transcripts of any hearing, but, within fifteen days after payment of a reasonable duplication fee, shall provide a copy of the video or audio recording to the responsible person(s) or any interested third party. If a court reporter is used, a responsible person may obtain a copy of the transcript upon payment of any fees or costs incurred by the city to provide the transcript.

D. The hearing need not be conducted in accordance with the technical rules of evidence. Any relevant evidence may be admitted if it is of a type upon which reasonable persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rule that might make such evidence inadmissible in a civil action. The city council may exclude irrelevant or unduly repetitious evidence.

E. After considering all testimony and evidence submitted at the hearing, the city council shall issue a written decision to affirm, modify, or dismiss the order to correct a fire or life hazard. The city council's written decision shall be considered a final order on the matter. The decision shall include the city council's findings and give notice of the right to seek judicial review pursuant to Code of Civil Procedure Section 1094.5. If the city council determines that a fire or life hazard exists, they may declare the property to be a fire or life hazard and order the responsible person(s) to correct the hazard within twenty days. If the fire or life hazard is declared an immediate threat to the health, welfare or safety of the public the city council may direct the responsible person(s) to abate the nuisance within a ten-day, or shorter, period of time after service of the decision.

F. A copy of the city council's order shall be served pursuant to Section 8.16.030(e) on all responsible person(s). Failure of any interested third party to receive such notice shall not impair the effectiveness of the city council's decision.

(Ord. 496, 5/28/2024)

A. If a fire or life hazard is not corrected as directed by a final order to correct a fire or life hazard, then the chief of the fire authority may issue a citation to the responsible person(s) for violation of this code section. Such citation may, at the discretion of the city attorney, be processed pursuant to subdivision (d) of Section 17 of the Penal Code.

B. The chief of the fire authority is authorized to issue such citations pursuant to Chapter 5C of Title 3 of Part 2 of the Penal Code.

(Ord. 496, 5/28/2024)

A. The procedures for the correction of fire or life hazards in this chapter shall be in addition to any other proceedings authorized by law. Nothing in this chapter shall be deemed to preclude the city attorney from commencing a civil or criminal action to abate a nuisance in any manner provided by law.

(Ord. 496, 5/28/2024)