Chapter 11

CHAPTER 11. FIRE HAZARDOUS WEEDS AND RUBBISH

ARTICLE 1. GENERAL PROVISIONS

4-11-1000 LEGISLATIVE AUTHORITY: TITLE:

Pursuant to the authority granted it by sections 14930 and 14931 of the Health and Safety Code of the State of California, the Board of Supervisors does enact this Chapter, which shall be known and may be cited as the Fire Hazardous Weeds and Rubbish Ordinance.

4-11-1005 POLICY:

(a) It is the purpose of this Chapter to protect the lands, fields, lots, buildings and homes within this County from the danger of fire, which may spread from one property to another. It shall be construed liberally to that end.

(b) It is the further policy of the Board of Supervisors to minimize the burden placed upon property owners. Accordingly, those methods of abatement are to be favored which are least costly, which are directly related to protecting neighboring property, and which entail the least destruction of valuable economic or ornamental plants and valuable materials.

4-11-1010 EFFECT:

This Chapter is not the exclusive regulation of fire hazardous weeds and rubbish. It shall supplement and be in addition to the other regulating statutes and ordinances heretofore or hereafter enacted by the State, the County, or any other legal entity or agency having jurisdiction.

4-11-1015 ENFORCEMENT:

Except as otherwise provided, this Chapter shall be administered and enforced by the County Fire Warden, his deputies and employees in his department.

ARTICLE 3. NUISANCE

4-11-1065 DECLARATION OF NUISANCE:

Weeds, grass, rank growths and combustible rubbish growing or accumulating upon private property which do, or will when dry, create a fire hazard and which by virtue thereof constitute a danger to neighboring property or the health or welfare of residents of the vicinity are hereby declared to constitute a public nuisance which may be abated in accordance with the provisions of this Chapter.

4-11-1070 DEFINITIONS:

Except where the context otherwise requires, the following definitions shall govern the construction of this Chapter:

(a) "Weed" means any plant, whether herbaceous or woody and of whatever height, except a tree, which grows wild.

(b) "Grass" means any herbaceous plant which is cultivated and which attains, when mature, if uncontrolled, such a height as to be a medium for the rapid spread of fire.

(c) "Rank growth" means a cover of vegetation of any type, cultivated or not, including trees, which has attained or will, if allowed to mature, attain such a height and density as to be a medium for the rapid spread of fire.

(d) "Rubbish" means material of whatever value placed or allowed to accumulate so as to be a medium for the rapid spread of fire.

(e) "Cost of administration" means the cost to the County of doing the acts required under this Chapter, except the actual cost of abatement. The Board of Supervisors shall establish, from time to time, by resolution the fee necessary to cover the cost of administration per parcel for a nuisance abated by the County Fire Warden without hearing. When a hearing is held by the Board of Supervisors to review the determination of the County Fire Warden that a nuisance exists, the Board shall determine the actual cost of administration attributable to that parcel. For the purpose of determining the cost of administration, all contiguous property owned by the same person or persons shall be deemed to be a single parcel, even though the contiguous property may be designated with more than one Assessor’s Parcel Number.

4-11-1075 OWNER’S DUTY:

It is the duty of every owner of private property within the unincorporated areas of Tulare County to prevent a nuisance described in section 4-11-1065 of this Chapter from arising on, or existing upon, his property.

ARTICLE 5. NOTICE OF HEARING ON EXISTENCE OF NUISANCE

4-11-1125 NOTICE:

Whenever the County Fire Warden determines that a nuisance described in section 4-11-1065 of this Chapter exists upon any private property within the County he shall notify the owner of the existence of the nuisance.

4-11-1130 NOTICE: CONTENTS:

The notice required by section 4-11-1125 of this Chapter shall:

(a) Identify the owner of the private property upon which the nuisance exists, as the name appears on the records of the County Clerk/ Recorder/Assessor.

(b) Describe the location of such private property by its commonly used street address giving the name or number of the street, road or highway and the number, if any, of the property.

(d) Contain a statement that a fire hazardous condition exists and that it has been determined by the County Fire Warden to be a public nuisance described in section 4-11-1065 of this Chapter.

(e) Contain a statement that the owner may within seven (7) business days after mailing or personal delivery of the notice make a request in writing to the Clerk of the Board of Supervisors for a hearing to appeal the determination of the County Fire Warden that the conditions existing create a public nuisance or to show that for some other reason those conditions should not be abated in accordance with the provisions of this Chapter.

(f) Contain a statement that, unless the owner corrects the fire hazardous condition or requests a hearing before the Board of Supervisors to appeal the determination of the County Fire Warden, the County Fire Warden will abate the nuisance, not less than fifteen (15) business days after the date said notice was mailed or personally delivered. It shall also state that the cost of such abatement, together with a charge for the cost of administration of the abatement program attributable to said abatement, may be made a special assessment added to the County assessment roll and become a lien on the real property, or placed on the unsecured tax roll.

4-11-1135 NOTICE: MAILING: PERSONAL DELIVERY:

The notice required by section 4-11-1125 of this Chapter shall be served by delivering it personally to the owner, or by mailing it by regular mail to the owner as his address appears on the last equalized assessment roll, except that, if the records of the County Clerk/Recorder/Assessor show that the ownership has changed since the last equalized assessment roll was compiled, notice shall be mailed to the new owner.

4-11-1140 NOTICE: POSTING:

If the address of the new owner is not in the County Clerk/Recorder/Assessor’s records and is not otherwise discovered, notice may be given by posting copies along the subject property not more than one thousand (1000) feet apart. In no event shall fewer than two (2) signs be posted when giving notice pursuant to this section.

ARTICLE 7. HEARING ON EXISTENCE OF NUISANCE

4-11-1190 HEARING: REQUEST:

The owner of property upon which the County Fire Warden has determined that a nuisance described in section 4-11-1065 of this Chapter exists may request a hearing before the Board of Supervisors on or before the seventh business day following the day of mailing of the notice or the date on which the notice was personally delivered by filing a written request therefore with the Clerk of the Board of Supervisors. The request shall describe the property by street name and number and Assessor’s Parcel Number and give the name of the owner and his address.

4-11-1195 HEARING: NOTICE:

If a hearing has been requested in accordance with section 4-11-1190 of this Chapter the Clerk shall set a date and time for such a hearing and send a notice thereof by regular mail at least seven (7) business days before such date to the owner at the address set forth on his request and shall notify the County Fire Warden of such hearing.

4-11-1200 HEARING: CONDUCT:

At the date and time set, a hearing shall be held by the Board of Supervisors. The hearing shall be open to the public. The owner may be represented by counsel. The Board of Supervisors shall hear all pertinent evidence offered by all interested persons. The technical rules of evidence shall not be applicable to the hearing, except that the Board’s decision may not be based wholly on hearsay evidence. All persons giving evidence shall be sworn before testifying. The owner may employ a shorthand reporter to report the hearing.

4-11-1205 HEARING: DECISION:

At the conclusion of the hearing the Board of Supervisors may determine:

(a) That no public nuisance exists.

(b) That a public nuisance exists which should be abated in accordance with section 4-11-1260 of this Chapter. The Board shall thereupon order the nuisance abated no sooner than the fifth business day following the mailing of notice of the Board’s decision.

(c) That a public nuisance exists which may be removed by some procedure proposed by the owner other than destruction of the fire hazardous plants or materials. If the Board determines that another procedure proposed by the owners may be employed to remove the public nuisance, it shall set a reasonable time within which the owner must complete that procedure. If the owner fails to complete the procedure proposed within the time limit set by the Board, the County Fire Warden may, upon five (5) business days notice, sent by him to the owner by regular mail, commence abatement in accordance with section 4-11-1260 of this Chapter. At any hearing in which it is determined that a public nuisance exists, whether abatement or implementation of an alternate procedure proposed by the owner is ordered, the Board shall also determine the administrative costs incurred. The owner shall be entitled to be heard on the question of such administrative costs. The decision of the Board of Supervisors shall be final as to all matters determined.

ARTICLE 9. ABATEMENT AND REPORT OF COST

4-11-1255 ABATEMENT BY OWNER:

Any owner may remove or cause to be removed a nuisance described in section 4-11-1065 of this Chapter at any time prior to commencement of abatement by, or at the direction of, the County Fire Warden.

4-11-1260 ABATEMENT: ENTERING PRIVATE PROPERTY:

If the owner has not earlier removed the nuisance and if no request for hearing provided by section 4-11-1190 of this Chapter is received by the Clerk of the Board of Supervisors on or before the seventh business day following the mailing or personal delivery of the notice required by section 4-11-1125 of this Chapter, the County Fire Warden shall cause the nuisance to be abated. The County Fire Warden shall not commence the abatement until at least fifteen (15) business days after said notice was mailed or personally delivered to the owner. The County Fire Warden, his deputies, the employees of his department and independent contractors hired by him may enter upon private property on which a nuisance described in section 4-11-1065 of this Chapter exists for the purpose of abating that nuisance.

4-11-1265 ACCOUNTING:

The County Fire Warden shall keep an account of the cost of every abatement carried out and shall render a report in writing, itemized by parcel, to the Board of Supervisors showing the cost of abatement and the cost of administration as declared in subsection (e) of section 4-11-1070 of this Chapter, or as determined by the Board of Supervisors pursuant to section 4-11-1205 of this Chapter, for each parcel.

4-11-1270 HEARING ON ACCOUNTING: NOTICE: WAIVER BY PAYMENT:

Upon receipt of the account of the County Fire Warden, the Clerk of the Board of Supervisors shall deposit a copy of the account pertaining to the property of each owner in the mail addressed to the owner and include therewith a notice informing the owner that, at a date and time not less than five (5) business days after the date of mailing of the notice, the Board of Supervisors will meet to review the account and that the owner may appear at said time and be heard. The owner may waive the hearing on the accounting by paying the cost of abatement and the cost of administration to the County Fire Warden prior to the time set for the hearing by the Board of Supervisors. Unless otherwise expressly stated by the owner, payment of the cost of abatement and the cost of administration prior to said hearing shall be deemed a waiver of the right thereto and an admission that said accounting is accurate and reasonable.

4-11-1275 HEARING ON ACCOUNTING:

(a) At the time fixed, the Board of Supervisors shall meet to review the report of the County Fire Warden. An owner may appear at said time and be heard on the questions whether the accounting, so far as it pertains to the cost of abating a nuisance upon the land of the owner is accurate and the amounts reported reasonable. The cost of administration shall also be reviewed if that matter has not previously been reviewed in a hearing held to review the determination of the County Fire Warden that a nuisance existed.

(b) The report of the County Fire Warden shall be admitted into evidence. The owner shall bear the burden of proving that the accounting is not accurate and reasonable.

4-11-1280 MODIFICATIONS:

The Board of Supervisors shall make such modifications in the accounting as it deems necessary and thereafter shall confirm the report by resolution.

4-11-1285 SPECIAL ASSESSMENT AND LIEN:

The Board of Supervisors may order that the cost of abating nuisances pursuant to this Chapter and the administrative costs as confirmed by the Board be placed upon the County tax roll by the County Auditor as special assessments against the respective parcels of land, or placed on the unsecured roll, pursuant to section 25845 of the Government Code of the State of California; provided, however, that the cost of abatement and the cost of administration as finally determined shall not be placed on the tax roll if paid in full prior to entry of said costs on the tax roll.

4-11-1290 VIOLATION: PENALTY:

The maintenance on private property of a public nuisance as described in section 4-11-1065 of this Chapter shall constitute an infraction, punishable under section 125 of this Ordinance Code if any of the following conditions are met:

(a) Such public nuisance is not corrected within fifteen (15) days after the County Fire Warden has notified the property owner of the existence of the public nuisance and there has been no timely request made to the Board of Supervisors for a hearing on the determination of the existence of such public nuisance; or

(b) If, after a hearing held by the Board of Supervisors, the Board determines that such a public nuisance exists and such public nuisance is not corrected within five (5) business days following mailing of the notice of the Board’s decision to the property owner; or

(c) If, after a hearing and determination by the Board that such a public nuisance exists and that such public nuisance may be removed by some procedure proposed by the owner other than destruction of the fire hazardous plants or materials, the Board has set a specific time within which the owner must complete the procedure, and such public nuisance is not corrected within the period of time as set by the Board.