Yolo County Municipal Code Art. 3 Hazard Tree Removal Program

Any tree that was fire damaged in the LNU Complex Fire and that is in immediate danger of falling onto an eligible road or parcel is a hazardous tree that must be removed to eliminate the immediate threat to the public at large. This article establishes a hazardous tree removal program that is mandatory and sets forth the manner in which hazardous trees will be identified and removed. (§ 2, Ord. 1531, eff. December 15, 2020)

The Hazard Tree Removal Program shall take effect immediately upon adoption of this article and shall remain in effect until the removal of hazard trees has been completed. (§ 2, Ord. 1531, eff. December 15, 2020)

"Arborist." The term "Arborist" shall be defined as an ISA Certified Arborist with a Tree Risk Assessment Qualification (TRAQ).

"Arborist's/Forester's Certification." The term "Arborist's/Forester's Certification" shall be defined as a written certification verifying that all hazard trees have been removed from a parcel participating in the Private Tree Program. The certification shall be made and executed by an Arborist and/or Forester as defined in this section. The Arborist or Forester shall provide evidence of the required qualifications of this section.

"Board." The term "Board" shall be defined as the Board of Supervisors.

"County." The term "County" shall be defined as the County of Yolo.

"Enforcement Officer." The term "Enforcement Officer" shall be defined as the County Administrative Officer of the County or his/her designee(s). Such designee(s) may be a County employee(s) or third-party provider(s).

"Eligible Road(s) or Parcel(s)." The term "eligible road(s) or parcel(s)" shall be defined as a road, right-of-way or parcel falling into one of the following categories:

• I. A public road or right-of-way;

• II. An improved public property; or

• Ill. A private road or right-of-way when the private road:

a. Connects two public roads;

b. Is primarily used as a right-of-way to a public property; or

c. Is used for waste collection services.

"Forester." The term "Forester" shall be defined as a Registered Professional Forester, qualified pursuant to California Public Resources Code Section 752, "Professional forester."

"Government Hazard Tree Removal Program." The term "Government Hazard Tree Removal Program" shall be defined as the hazard tree removal program operated by the California Office of Emergency Services (CalOES) for the LNU Complex Fire area in conjunction with other state and federal agencies.

"Government Hazard Tree Removal Program ROE." The term "Government Hazard Tree Removal Program ROE" shall be defined as the permit for providing hazard tree removal on private property approved by CalOES for use in the cleanup after the LNU Complex Fire.

"Hazard Tree." The term "hazard tree" shall be defined as:

(§ 2, Ord. 1531, eff. December 15, 2020)

The Government Hazard Tree Removal Program will remove all hazard trees at no out-of-pocket cost to the owner. If an owner does not participate in the Government Hazard Tree Removal Program, and there are hazard trees on their property, the owners are required to identify and remove such trees at their own cost.

To participate in the Government Hazard Tree Removal Program, owners must complete and submit a Government Hazard Tree Removal Program ROE. The Government Hazard Tree Removal Program ROE shall function as the sole permit and authorization for participation in the Government Hazard Tree Removal Program. Notwithstanding any contrary provision in the County Code, no County approvals or permits for hazard tree removal are required for properties participating in the Government Hazard Tree Removal Program, other than the Government Hazard Tree Removal Program ROE.

If owners whose property contains hazard trees do not participate in the Government Hazard Tree Removal Program (at no out-of-pocket cost to owner) or the Private Tree Program (all costs paid by owner), the County will enforce this and charge the owners with any administrative and abatement costs related to such enforcement as described below.

In implementing this program, property owners who have submitted an application for a development permit shall be given priority in the Government Hazard Tree Removal Program.

(§ 2, Ord. 1531, eff. December 15, 2020)

Maintaining a hazard tree is prohibited and a public nuisance subject to this article. A violation of any provision of this article shall be deemed to be a public nuisance and subject to any enforcement process available at law.

(§ 2, Ord. 1531, eff. December 15, 2020)

It is the intent of the board of supervisors that this article shall apply to the abatement of hazard trees threatening eligible roads or parcels in the unincorporated areas of the LNU Complex Fire area.

(§ 2, Ord. 1531, eff. December 15, 2020)

As an alternative to the Government Hazard Tree Removal Program, the Private Tree Program provides the owner with the option of identifying and removing hazard tree(s) on their property at their own cost. To participate in the Private Tree Program, owners shall submit either of (1) an inspection access form or (2) an Arborist's/ Forester's Certification for their property. Following the owner's identification and removal of hazard trees and submittal of an inspection access form, the Private Tree Program shall require the Enforcement Officer to make a visual confirmation of the removal of hazard trees on the subject property. This visual inspection of compliance with the Private Tree Program shall be sufficient for meeting the requirements of this Section. Whether the hazard tree removal is adequate shall be in the sole discretion of the Enforcement Officer. In the alternative, a submittal of an Arborist's/Forester's Certification shall be sufficient for meeting the requirements of this section.

Notwithstanding anything herein to the contrary, in the Private Tree Program, owners may choose to temporarily retain and promptly utilize felled hazard trees which were standing on their property. This temporary retention and utilization by the owner shall be permitted only to the extent felled hazard trees and incidental foliage, slash, tree branches or limbs and chipped or mulched vegetation do not constitute a fire hazard as prohibited by applicable law, including, but not limited to, California Public Resources Code Section 4291 et seq., Title 19 of the California Code of Regulations and Chapter 38A of the Butte County Code. Such requirements include but are not limited to the following:

In storing such hazard trees prior to utilization, an owner shall be required to:

I. Maintain a setback of no less than one hundred (100) feet from any inhabited building or structure;

II. Maintain a setback of no less than thirty (30) feet from any uninhabited building or structure; and

Ill. Maintain a setback around the parcel's property lines of no less than thirty (30) feet wide.

If an owner utilizes felled hazard trees for wood chips, the owner shall be required to spread the wood chips to a depth of no greater than three (3) inches while maintaining a setback of no less than five (5) feet from any building or structure.

If any temporary retention and utilization of hazard trees constitutes a fire hazard, it is a public nuisance and may be abated using any available legal remedy. If the owner chooses to temporarily retain and utilize felled hazard trees, the owner is required to utilize such hazard trees prior to the Enforcing Officer's visit to the property to confirm compliance with the Private Tree Program.

For the purposes of this Section, any temporary retention and utilization of felled hazard trees by the property owner is not a Temporary Log Storage Yard (AKA: Log Deck) as described above. Owners may not receive felled trees from other properties.

The County shall utilize the state and federal standards and cleanup goals of the Government Hazard Tree Removal Program as the standards for the Private Tree Program, including, but not limited to, the criteria for determining whether a tree is a hazard tree. Under the supervision of the Enforcement Officer, the County may administratively update these standards as necessary to address ongoing changes in the administration of the Government Hazard Tree Removal Program and the need to efficiently remove hazard trees from the community.

(§ 2, Ord. 1531, eff. December 15, 2020)

No application for a County Development permit in the LNU Complex Fire area for a parcel containing hazard trees shall be considered complete until the applicant has entered into the Government Hazard Tree Removal Program or the Private Tree Program. This section shall not apply to permits relating to power, sewer or other utilities for temporary dwellings and the installation of temporary dwellings.

This section shall not apply to permits for wells or septic systems with the environmental health division of community services.

(§ 2, Ord. 1531, eff. December 15, 2020)

Properties that contain hazard trees and that do not have (1) an approved Government Hazard Tree Removal Program ROE, (2) an approved inspection access form for the Private Tree Program or (3) an approved Arborist's/Forester's Certification by the deadline set by the Board, are declared a public nuisance and health hazard and such properties may be abated pursuant to this article.

The Board may set a deadline for the completion of hazard tree removal by resolution. Properties that have hazard trees from the LNU Complex Fire after that deadline are declared a public nuisance and health hazard and such properties may be abated pursuant to this article.

The Board's intent is to facilitate orderly remediation of a large scale disaster. Nothing in these deadlines shall limit the authority of the County to abate hazards more quickly where required by exigent circumstances.

(§ 2, Ord. 1531, eff. December 15, 2020)

Whenever the Enforcement Officer determines that a public nuisance (as specified in this article) exists, he or she shall use any legal remedies available under California law to address and abate the public nuisance.

The County may, in its discretion, abate a violation of this article by the prosecution of a civil action, including an action for injunctive relief. The remedy of injunctive relief may take the form of a court order, enforceable through civil contempt proceedings, prohibiting the maintenance of a violation of this article, or requiring compliance with other terms.

The County may also abate a violation of this article through the abatement process established by Government Code Section 25845.

If a public nuisance is found to be present on the property in violation of this article, the Enforcement Officer shall pursue payment for Abatement and Administrative Costs from the owner and the owner of the property shall be responsible for paying all of the County's Abatement Costs and Administrative Costs.

(§ 2, Ord. 1531, eff. December 15, 2020)

The term "Abatement Costs" means any costs or expenses reasonably related to the abatement of conditions which violate this article of the County Code, and shall include, but not be limited to enforcement, investigation, collection and administrative costs, and the costs associated with the removal or correction of the violation.

The term "Administrative Costs," shall include the cost of County staff time reasonably related to enforcement, for items including, but not limited to, site inspections, travel time, investigations, telephone contacts and time spent preparing summaries, reports, notices, correspondence, warrants and hearing packets. The time expended by the Enforcement Officer and Auditor- Controller staff, to calculate the above costs and prepare itemized invoices, may also be recovered.

(§ 2, Ord. 1531, eff. December 15, 2020)

This article is cumulative to all other remedies now or hereafter available to abate or otherwise regulate or prevent public nuisances. The County Counsel is authorized to initiate judicial enforcement as to a violation of any provision of this article without further Board approval.

(§ 2, Ord. 1531, eff. December 15, 2020)

Notwithstanding any other provision of this article, when any hazard tree constitutes an immediate threat to the public health or safety, and where alternative procedures would not result in abatement of that public nuisance within a short enough time period to avoid that threat, the Enforcement Officer may direct any officer or employee of the County or third-party provider to summarily abate the public nuisance. The Enforcement Officer shall make reasonable efforts to notify the owner. No summary abatement shall occur prior to consultation with the Office of County Counsel. The County may nevertheless recover its costs for abating that public nuisance in the manner set forth in this article.

(§ 2, Ord. 1531, eff. December 15, 2020)