Chapter 8.10
WEEDS AND OTHER FLAMMABLE VEGETATION ABATEMENT
Sections:
8.10.010 Findings and declaration.
8.10.020 Definitions.
8.10.030 Duty to abate weeds and hazardous vegetation.
8.10.040 Notice to abate.
8.10.050 Appeal.
8.10.060 Removal of combustible matter.
8.10.070 Payment for removal.
8.10.080 Violations.
8.10.090 Authority to promulgate reasonable rules and regulations.
8.10.010 Findings and declaration.
The city council finds that weeds and other flammable vegetation and materials (“combustible matter”) within the city limits constitute a fire hazard and are a danger to the public health, safety and welfare. The council declares that weeds and other flammable vegetation and material are a public nuisance and may be abated as provided in this chapter. [Ord. 98-4 § 1; Ord. 92-22 § 1; Code 1990 § 3.5.01.]
8.10.020 Definitions.
“Annual grass” means light, flashy types of fuel.
“Brush” means shrubs and stands of short scrubby tree species that do not reach merchantable size.
“Combustible matter” means annual grass, brush, heavy fuels, slash and/or refuse piles.
“Heavy fuels” means fuels of large diameter such as snag logs and large limbwood which ignite and are consumed more slowly than flash fuels.
“Refuse piles” means a combination of flammable vegetation, trash, and/or scrap materials that have negligible value whether stored in containers or piled.
“Slash” means debris left after logging, pruning, thinning, or brush cutting, also including log chunks, bark, branches, stumps, and broken understory trees or brush. [Ord. 98-4 § 1; Ord. 92-22 § 1; Code 1990 § 3.5.02.]
8.10.030 Duty to abate weeds and hazardous vegetation.
It shall be the duty of every owner, occupant, and person in control of any land or interest therein, or premises within the city of Calimesa, to abate therefrom, and from all sidewalks and parkways, all weeds, dry grass, Russian thistle (tumbleweeds), or other flammable vegetation and materials that constitute a fire hazard and which may endanger or damage other property.
A. Where any parcel or contiguous parcels under the same ownership contain five acres or less, the requirements of this section shall be satisfied if vegetation which constitutes a fire hazard is removed by disking or mowing the entire parcel or contiguous parcels.
B. Where any parcel or contiguous parcels under the same ownership contain more than five acres, the requirements of this section shall be satisfied if a strip of land 100 feet wide is cleared at the boundaries of the parcel or contiguous parcels, and on, over and across the parcel or contiguous parcels so that there shall not be any portion of the parcel or contiguous parcels larger than two and one-half acres which is not enclosed by itself within such a cleared strip, which shall be a firebreak. The city manager may require firebreaks exceeding 100 feet in width or disking of a parcel or contiguous parcels containing more than five acres when he deems it necessary for the protection of the public safety and welfare.
C. Where the parcel or contiguous parcels under the same ownership are improved or terrain is such that the land cannot be mowed or disked, the city manager may authorize, or require, other means of removal of flammable vegetation.
D. Accumulations of combustible or flammable waste, including but not limited to wastepaper, hay, grass, straw, vines, weeds, waste petroleum products, and rubbish or litter of any kind, shall not be permitted to remain upon any roof or in any court, yard, vacant lot, or open space. All combustible rubbish, waste petroleum products, oily rags or waste material, when kept within a building, shall be securely stored in metal or metal-lined receptacles equipped with tight-fitting covers or in rooms or vaults constructed of noncombustible materials.
E. Any owner of a parcel or parcels of land voluntarily requesting the city to abate combustible materials shall make that request in writing. [Ord. 98-4 § 1; Ord. 92-22 § 1; Code 1990 § 3.5.03.]
8.10.040 Notice to abate.
A. It shall be the duty of the city manager, or his designated representative, whenever it is necessary to enforce the duty set forth in this chapter, to issue a “notice to abate” to the owner or owners of the parcel or contiguous parcels as shown on the Riverside County assessor’s latest equalized assessment roll. The notice required by this section shall be mailed by certified mail, return receipt requested, and a copy may be posted in a conspicuous place upon the property.
B. The “notice to abate” required by this section shall be in substantially the following form:
NOTICE TO ABATE
Date: ______________________
To: ______________________________
_________________________________
_________________________________
(Name and address of property owner as shown on latest equalized assessment roll)
By virtue of Chapter 8.10 CMC (commencing with CMC 8.10.010), YOU ARE HEREBY NOTIFIED AND REQUIRED TO ABATE from your property described as Riverside County assessor’s parcel number(s) ___________________________ the following described combustible matter ______________________________.
If said combustible matter is not removed within 30 calendar days, the city manager, or his designated representative, may order said matter removed by public employees, private contractors, or other persons, and the cost of said removal, with an added administrative fee, shall be levied and assessed against the property as a Special Assessment Lien, or billed directly to the property owner.
When, in the opinion of the city manager, or his designated representative, enforcing the provisions of the Calimesa Municipal Code, a fire hazard exists which constitutes an immediate threat to the public health, safety and welfare, said combustible matter shall be removed within 10 days.
You may appeal this order by presenting a written appeal to the city manager within 20 calendar days of the date of this Notice to Abate. The city manager shall set the appeal for a public hearing before the city council and notify the appellant, in writing, of the hearing date.
_____________________________
City Manager
[Ord. 98-4 § 1; Ord. 92-22 § 1; Code 1990 § 3.5.04.]
8.10.050 Appeal.
Any person adversely affected by the notice to abate may appeal to the city council by filing a written appeal with the city clerk within 20 calendar days of the date of the notice to abate. The city clerk shall set the matter for public hearing before the city council within 20 days and give appellant written notice of the date, time and place of the public hearing at least 15 days prior to the hearing. A timely written appeal shall stay any further action for removal or abatement until the date set for the hearing. Appellant shall have the right to appear in person or by agent, designated in writing, at the hearing and present oral, written and documentary evidence. The city council shall issue its decision at the conclusion of the hearing and the decision shall be final. [Ord. 98-4 § 1; Ord. 92-22 § 1; Code 1990 § 3.5.05.]
8.10.060 Removal of combustible matter.
If the combustible matter is not removed within the time allowed by the “notice to abate,” or within the time allowed by the city council after an appeal, the city manager may order weeds, dry grass or other flammable vegetation to be removed by public employees, or may cause such removal to be performed by a private contractor selected by the city manager in accordance with applicable law and in the manner and under the terms specified by the city council. The cost of such removal and a reasonable administrative charge may be imposed as a special assessment upon the property referred to in the notice to abate, and such property shall be subject to a special lien for that purpose. The costs so assessed shall be limited to the actual costs incurred by the city, including payment to the public employees or the contractor to remove the combustible matter, costs of investigation, boundary determination, measurement, clerical and other personnel, consultants, and an administrative cost to be determined by resolution of the city council. [Ord. 98-4 § 1; Ord. 92-22 § 1; Code 1990 § 3.5.06.]
8.10.070 Payment for removal.
A. When removal of the combustible matter has been completed, the city manager shall file a report of the proceedings, including an accurate account of the cost of removing the combustible matter, with the city clerk. The city clerk shall set the report and account for public hearing before the city council at the first regular meeting which will be held at least 14 days after the report is filed and shall post a copy of the report and account in a conspicuous place in or near the entrance to City Hall. The city clerk shall give the owner of the property written notice of the date, time and place of the hearing.
B. At the hearing, the council shall hear any objections or protests of landowners liable to be assessed for the cost of removing the combustible matter. The council shall add related administrative charges and make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.
C. The cost of removing the combustible matter and administrative charges set forth in the report as confirmed shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of such costs. A certified copy of the confirmed report shall be filed with the county auditor for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon recordation, in the office of the county recorder of the county in which the property is situated, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinary county ad valorem property taxes are collected and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of county ad valorem property taxes shall be applicable to such assessment, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the delinquent charges, as confirmed, relating to such property shall be transferred to the unsecured roll for collection. (Government Code Sections 38773.1 and 38773.5.) [Ord. 98-4 § 1; Ord. 92-22 § 1; Code 1990 § 3.5.07.]
8.10.080 Violations.
A. It shall be a misdemeanor for any person, natural or corporate, owning, possessing, occupying, or controlling any lands or premises to fail to perform the duty set forth in this chapter, or to fail to comply with a notice to abate, or to interfere with the city manager, or his designated representatives, in the performance of their duties under this chapter, or to refuse to allow the city manager, or his designated representatives, public employees or approved private contractors, to enter upon any lands or premises for the purpose of inspecting or removing any combustible matter, or to interfere in any manner whatsoever in the work of inspection or removal of combustible matter as provided in this chapter.
B. Any person convicted of a violation of this chapter shall be punished as provided by Chapter 1.20 CMC (commencing with CMC 1.20.010). [Ord. 98-4 § 1; Ord. 92-22 § 1; Code 1990 § 3.5.08.]
8.10.090 Authority to promulgate reasonable rules and regulations.
The city council hereby reserves its right to adopt reasonable rules, regulations, and resolutions consistent with this chapter to enforce, interpret, and carry out its provisions. Such rules may vary in different areas within the city. [Ord. 98-4 § 1; Ord. 92-22 § 1; Code 1990 § 3.5.09.]