Yuba County Municipal Code Ch. 7.45 Firebreak Maintenance

To protect property owners' buildings or structures from fire and provide a safe area for firefighters through the maintenance of required firebreaks, pursuant to Public Resources Code § 4291.

(Prior Code, § 7.45.010; Ord. No. 1462)

A person that owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining any mountainous area, forest-covered lands, brush-covered lands, grass-covered lands, or any land that is covered with flammable material, within the County of Yuba in any Fire Hazard Severity Zone within State Responsibility Areas, excluding incorporated cities and established Fire Districts/Departments having fulltime paid staffing, shall at all times do all of the following:

1. Maintain around and adjacent to the building or structure a firebreak made by removing and clearing away, for a distance of not less than 30 feet on each side of the building or structure, or to the property line, whichever is nearer, all flammable vegetation or other combustible growth. This Subsection does not apply to single specimens of trees or other vegetation that is well pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to any building or structure.

2. Maintain around and adjacent to the building or structure additional fire protection or firebreak made by removing all the brush, flammable vegetation, or combustible growth that is located within 100 feet from the building or structure, or to the property line, or at a greater distance if required by State law, or local ordinance, rule, or regulation. This § does not prevent an insurance company that insures a building or structure from requiring the owner of the building or structure to maintain a firebreak of more than 100 feet around the building or structure. Grass and other vegetation located more than 30 feet from the building or structure and less than 18 inches in height above the ground may be maintained where necessary to stabilize the soil and prevent erosion. This Subsection does not apply to single specimens of trees or other vegetation that is well pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to a dwelling or structure. Where a natural firebreak is declared to exist by a State or Federal Forestry Officer, no further clearing of flammable vegetation or combustible growth shall be required.

3. Remove that portion of any tree that extends within ten feet of the outlet of a chimney or stovepipe.

4. Maintain any tree adjacent to or overhanging a building or structure free of dead or dying wood.

5. Maintain roof of building or structure free of leaves, needles, or other dead vegetative growth.

(Prior Code, § 7.45.015; Ord. No. 1462)

Complaints received by the County of Yuba regarding violation of required firebreak maintenance for buildings and structures located within Volunteer Fire Districts will be forwarded to that specific Volunteer Fire District for verification of violation. Upon confirmation by the Volunteer Fire District that a violation regarding firebreak maintenance exists, a County of Yuba Code Enforcement Officer shall initiate the abatement process.

(Prior Code, § 7.45.020; Ord. No. 1462)

Penalties and procedures for violations of this Chapter shall be as prescribed in Title VII, Chapter 7.36 of the Yuba County Ordinance Code.

(Prior Code, § 7.45.025; Ord. No. 1462)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.