Chapter 8.20
URBAN/RURAL INTERFACE
Sections:
8.20.012 Urban/rural interface standards.
8.20.020 Service of notice – Action by city – Costs.
8.20.040 Removal – Filing a lien.
8.20.010 Definitions.
“Brush, shrub” means any woody plant that has several stems, none of which is dominant, and is usually less than 10 feet (three meters) tall. When much-branched and dense, it may be called a bush.
“Clear space” means an area under or adjacent to a tree that is free from ladder fuels. Clear space height (minimum) is one-third of the height of a tree on any tree that is less than 15 feet in height; eight feet height for trees that are at or taller than 15 feet in height; and a distance of eight feet from the edge of a drip line of a tree’s canopy.
“Extreme risk land” means property that is classified and mapped by the Oregon Department of Forestry’s forestland urban interface classification committee as being at an extreme risk of wildfire.
“Fuel break” means a space in which combustible or flammable materials are removed so as to prevent the spread or travel of fire.
(1) The purpose of a fuel break is to slow the rate of spread and the intensity of an advancing wildfire, and create an area in which fire suppression operations may more safely occur.
(2) A fuel break shall be a natural or a human-made area where material capable of allowing a wildfire to spread does not exist; or has been cleared, modified, or treated in such a way that the rate of spread and the intensity of an advancing wildfire will be significantly reduced.
“Ladder fuel” means a firefighting term for live or dead vegetation that allows a fire to “climb up” from the landscape or forest floor into the tree canopy. Common ladder fuels include tall grasses, shrubs and tree branches, both living and dead. On vacant land categorized as “extreme risk” land, ladder fuel is any type of vegetation described herein that exceeds four inches in height. [Ord. 444 § 1 (Exh. A), 2014; Ord. 56 § 1, 1957. Code 2002 § 8.16.010].
8.20.011 Purpose.
The purpose of this chapter is to incorporate “urban/rural interface” standards and criteria as a means of reducing the risk of the spread of wildfire. [Ord. 444 § 1 (Exh. A), 2014].
8.20.012 Urban/rural interface standards.
(1) The following standards apply to any site within the Sisters city limits that is designated as “extreme fire risk” property according to the fire risk map prepared by the Oregon Department of Forestry. The following standards apply to extreme fire risk properties in Sisters:
(a) Extreme fire risk property owners shall:
(i) Provide and maintain fuel breaks which are:
(A) Immediately adjacent to structures, for a distance of at least 30 feet where feasible, or to the property line, whichever is the shortest distance.
(B) Immediately adjacent to driveways, for a distance of at least 10 feet from the centerline of a driveway, or to the property line, whichever is the shortest distance.
(C) Fuel break shall result in an open area which is not less than 14 feet in height and 12 feet in width or to the property line, whichever is the shortest distance.
(D) Fuel breaks shall:
1. Consist of an area containing substantially nonflammable ground cover. Examples include asphalt, bare soil, clover, concrete, green grass, ivy, mulches, rock, succulent ground cover, or wildflowers.
2. Consist of an area of dry grass which is maintained to an average height of less than four inches.
3. Be an area of cut grass, leaves, needles, twigs, and other similar flammable materials, provided such materials do not create a continuous fuel bed.
4. Be an area of single specimens or isolated groupings of ornamental shrubbery, native trees, or other plants, provided they are:
a. Maintained in a green condition;
b. Maintained substantially free of dead plant material;
c. Maintained free of ladder fuel;
d. Arranged and maintained in such a way that minimizes the possibility a wildfire can spread to adjacent vegetation;
e. Compliant with subsections (1)(a)(i)(D)(1) and (2); and
f. Houses with nontreated shake roofs located within extreme risk areas have additional 20 feet clear space requirement where feasible.
(ii) Provide and maintain additional fuel breaks which are immediately adjacent to fuel breaks required under subsection (1)(a)(i) of this section, for a distance of 20 feet or to the property line where feasible, whichever is the shortest distance. This fuel break shall be comprised of single specimens or isolated groupings of ornamental shrubbery, native trees, or other plants, provided they are:
(A) Maintained in a green condition;
(B) Maintained substantially free of dead plant material;
(C) Maintained free of ladder fuel;
(D) Arranged and maintained in such a way that minimizes the possibility a wildfire can spread to adjacent vegetation;
(E) Consist of an area containing substantially nonflammable ground cover. Examples include asphalt, bare soil, clover, concrete, green grass, ivy, mulches, rock, succulent ground cover, or wildflowers; and
(F) Consist of an area of dry grass which is maintained to an average height of less than four inches;
(iii) Remove any portion of a tree which extends to within 10 feet of the outlet of a structure chimney or a stove pipe;
(iv) Maintain the portion of any tree which overhangs a structure substantially free of dead plant material where feasible;
(v) Maintain the area under decks substantially free of firewood, stored flammable building material, leaves, needles, and other flammable material; and
(vi) During times of the year when wildfire may be a threat, locate firewood, flammable building material, and other similar flammable material:
(A) At least 20 feet away from a structure; or
(B) In a ventilated fully enclosed space;
(vii) Keep roofs free of leaves, pine needles, and other fuel sources at the start of each fire season.
(2) The owner or person responsible for the care of any property located in the Sisters city limits shall create clear space that is fuel free as follows:
(a) On vacant land, all ladder fuel sources that are directly beneath or are within a horizontal distance of eight feet from a tree drip line shall be removed or cut to a height not to exceed four inches. This does not include ground cover that is kept in green condition including grass.
(b) On developed land, all ladder fuel sources that are directly beneath or are within a horizontal distance of eight feet from a tree drip line shall be removed where feasible or cut to a height not to exceed four inches. This does not include ground cover that is kept in a green condition including grass.
(c) Evergreen trees such as ponderosa pine and juniper trees shall have lower limbs maintained as follows:
(i) On trees, except ornamental trees, that are 15 feet tall or less, the lower one-third of the tree branches shall be limbed.
(ii) On trees, except ornamental trees, that are more than 15 feet tall, a clear space of eight vertical feet shall be maintained underneath the drip line, and shall be free of limbs.
(iii) Dead tree limbs shall be removed from trees where feasible.
(d) All dead brush located within eight feet of a drip line shall be removed. Live brush located within eight feet of a drip line shall be thinned and maintained in a green and healthy state.
(e) Trees that are dead or diseased shall be removed from all properties.
(f) For houses that have nontreated shake roofs, there shall be a fuel break immediately adjacent to any structure for a distance of 20 feet or to the property line where feasible, whichever is the shortest distance, and shall be comprised of single specimens or isolated groupings of ornamental shrubbery, native trees, or other plants, provided they are:
(i) Maintained in a green condition;
(ii) Maintained substantially free of dead plant material;
(iii) Maintained free of ladder fuel;
(iv) Arranged and maintained in such a way that minimizes the possibility a wildfire can spread to adjacent vegetation;
(v) Consist of an area containing substantially nonflammable ground cover. Examples include asphalt, bare soil, clover, concrete, green grass, ivy, mulches, rock, succulent ground cover, or wildflowers; and
(vi) Consist of an area of dry grass which is maintained to an average height of less than four inches.
(3) Modification of Standards. The city may, in writing, reduce or waive any standard herein if the city finds that conditions so warrant. Reductions or waivers made under this rule:
(a) May be made only after a written request from the owner;
(b) Are intended to be few in number;
(c) Must address:
(i) A site specific condition or a unique situation which does not warrant the development of alternate standards under OAR 629-044-1070; or
(ii) A conflict with the requirements of other codes, laws, ordinances, or regulations, as described in ORS 477.023(2), and which does not warrant the development of alternate standards under OAR 629-044-1070; and
(d) Shall be:
(i) On a form provided by the city;
(ii) Signed by the city and by the owner.
[Ord. 444 § 1 (Exh. A), 2014].
8.20.020 Service of notice – Action by city – Costs.
If any property owner or tenant having control of any parcel of land within the city fails to comply with the requirements of this chapter, the city shall serve notice to the responsible party that the violation of this chapter shall be corrected within 14 days of receipt of the notice to abate. If the responsible party is unable to be located after reasonable diligence, a notice shall be posted on the violating property where it can be seen from a public road where feasible, and a copy of the notice shall be mailed to the address of record according to the county assessor’s database. [Ord. 444 § 1 (Exh. A), 2014; Ord. 56 § 2, 1957. Code 2002 § 8.16.020].
8.20.030 Removal – By city.
If any property owner or tenant fails to comply with the requirements of this chapter within the time allowed within the notice, the city may cause the violation to be abated. The officer charged with abatement of the violation shall have the right to enter into or upon property at reasonable times to investigate or cause the removal of the violation. The officer responsible for overseeing the abatement of the violation shall keep a detailed account of all associated costs, and the property owner or tenant will then be billed for the total cost plus 10 percent for administrative cost recovery. [Ord. 444 § 1 (Exh. A), 2014; Ord. 56 § 3, 1957. Code 2002 § 8.16.030].
8.20.040 Removal – Filing a lien.
In the event that the owner fails to pay the cost specified in SMC 8.20.030, the city may at its discretion file a lien on the subject property. The lien may be removed at such time when the balance of the amount owed to the city as stated in SMC 8.20.030 is paid in full. [Ord. 444 § 1 (Exh. A), 2014; Ord. 56 § 4, 1957. Code 2002 § 8.16.040].
8.20.050 Violation – Penalty.
Any violation of this chapter is a Class B infraction. [Ord. 444 § 1 (Exh. A), 2014; Ord. 269 § 16, 1995; Ord. 56 § 5, 1957. Code 2002 § 8.16.050].
8.20.060 Exception.
Any plant material that is categorized by the city, state of Oregon, and/or United States of America as “threatened or endangered” shall not be subject to the provisions of this chapter. [Ord. 444 § 1 (Exh. A), 2014].