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HomeMy WebLinkAbout832 - OrdinancesORDINANCE NO. 832 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ESTABLISHING PROCEDURES RELATING TO THE ABATEMENT OF WEEDS AND CERTAIN OTHER FIRE HAZARDS, AND AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE A. Recitals. (i) California Government Code Section 39502 authorizes the City to adopt an ordinance providing for the removal of grass, weeds, rubbish and other materials that can be dangerous or injurious to neighboring property or the health and welfare of residents of the vicinity and make the cost of removal a lien on the property. (ii) The City Council desires to adopt procedures providing for the abatement of grass, weeds, rubbish, dead or dying plant materials, dead or dying trees, and any other similar condition of property creating a fire hazard. (iii) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council hereby ordains as follows: Section 1. Sections 1.08.100, 1.08.110, and 1.08.120 of Chapter 1.08 of Title 1 of the Rancho Cucamonga Municipal Code are hereby repealed provided, however, that such repeal shall not excuse any violation or affect any code enforcement action related to said sections occurring or existing prior to the effective date of this Ordinance. Section 2. Anew Chapter 8.46 is hereby added to Title 8 of the Rancho Cucamonga Municipal Code to read as follows: "Chapter 8.46 ABATEMENT OF WEEDS AND CERTAIN OTHER FIRE HAZARDS Sections: 8.46.010 Definitions. 8.46.020 Duty to abate fire hazards. 8.46.030 Notice to abate. 8.46.040 Means of abatement. 8.46.050 Immediate hazard. 8.46.060 Enforcement. 8.46.070 Payment for inspections and abatement of fire hazard. 8.46.080 Appeal procedure. 8.46.090 Violations. 8.46.010. Definitions. For the purposes of this Chapter, the following terms, phrases, words, and their derivations shall have the meaning set forth in this section. The word 'shall' is always mandatory and not merely directory. A. City means the City of Rancho Cucamonga. B. Combustible vegetation means: 1. Tumbleweeds (Russian Thistle). 2. Dead trees, either standing or downed. 3. Dead limbs, plant material, and debris of plants and trees. 4. Dry grasses over four (4) inches in height. 5. Dry invasive or noxious weeds. 6. Chaparral. C. Fire Chief means the Chief of the Rancho Cucamonga Fire Protection District or his/her designee. D. Fire District means the Rancho Cucamonga Fire Protection District. E. Fire Hazard means: 1. Combustible vegetation. 2. Limbs and undergrowth up to six feet off the ground in Eucalyptus windrows. 3. Chaparral within 50 feet of any structure or within 30 feet of any public or private road and/or utility and flood control access roads. 4. Any unenclosed pile of yard clippings, leaves, or tree trimmings placed on the ground and deemed by the Fire Chief to be a fire hazard. 5. Any other condition of property involving vegetation, plant, or tree material defined or described in the California Fire Code, as adopted and amended by the City, as a 'fire hazard'. F. Owner means, collectively and individually, any fee owner, tenant, or person or entity in lawful control of, or any other person or entity having or owning a possessory interest in, private real property. 8.46.020. Duty to abate fire hazards. Every owner of private real property within the boundaries of the City of Rancho Cucamonga shall abate all fire hazards from such property, including sidewalks, parkways, trails, and easements on such property unless the easement is under the sole control of another person or entity, as determined by the Fire Chief. All such fire hazards are declared to be a public nuisance as to which the costs of abatement, as more fully described herein, may be specially assessed as provided in Health and Safety Code Sections 14902, and 14912, et seq., or otherwise as provided by law. Ordinance No. 832 -Page 2 of 8 n}. The procedures for abatement of fire hazards set forth herein are not exclusive, but are in addition to any and all other procedures set forth in this Code for the abatement of nuisances and fire hazards. 8.46.030. Notice to abate. A. The City Council hereby authorizes the Fire Chief, whenever he/she deems necessary, to enforce the provisions of this Chapter and to issue a Notice to Abate Fire Hazard by posting the property or serving the Notice by any or all of the following methods: 1. By mailing a Notice to the fee owner at the address shown on the latest tax roll and to the affected property if a mailing address is available. Note: the Notice must be served by certified mail before a special assessment may be imposed against the property. 2. By personally serving the fee owner of the property shown on the latest tax roll. Written notice shall be mailed by first class mail to, or personally served upon, any tenant or person, other than the fee owner, actually occupying the property. The failure of the fee owner to actually receive such Notice shall not affect the power of the Fire District to proceed as provided in this part, nor shall it invalidate the assessment against the subject property. B. The Notice to Abate Fire Hazard shall include, at a minimum, the following information: 1. Description of fire hazard(s). 2. List of location(s), and parcel number(s) of affected property. 3. Due date by which abatement must be completed. 4. Appeal rights. 5. Fee owner's name and address (assessor parcel and/or site address). 8.46.040. Means of Abatement. A. Fire hazard(s) shall be abated by removal and/or elimination of the fire hazard(s). B. Abatement for undeveloped parcels where the combustible vegetation is more than 50% chaparral can be accomplished by the removal of all vegetation that is within 50 feet of any structure, including structures on adjacent parcels; removal of all vegetation to a distance of 30 feet from property lines and adjacent roads; removal of all dead and dying tree and plant material and noxious weeds; and maintaining grasses to a maximum height of four inches. Ordinance No. 832 -Page 3 of 8 C. In the case of any parcel or contiguous parcels under the same ownership upon which exist over ten (10) continuous acres of chaparral vegetation constituting a fire hazard, the duty to abate fire hazards may be satisfied if there is cleared, and maintained cleared, a 100 foot wide strip of land at the boundaries of such land, and through such land so that there shall not be any portion of the land larger than five (5) acres which is not enclosed by such strip or strips. The one hundred (100) foot wide strip required herein shall be in compliance provided vegetation thereon is reduced to fifty percent (50%) of the naturally occurring density. When the parcel or contiguous parcels are adjacent to a road, removal of all vegetation to a distance of 30 feet from the edge of the road is required. 8.46.050. Immediate hazard. When, in the opinion of the Fire Chief, an extreme fire hazard exists which constitutes an immediate threat to public health, safety, and welfare, and it is deemed necessary by the Fire Chief to abate such hazard as promptly as possible, said fire hazard shall be removed or abated within 72 hours of the posting of the Notice to Abate on the affected parcel or within 72 hours of receiving by mail the Notice to Abate. Nothing herein shall authorize the entry upon private property not otherwise open to the public, without the owner's consent or possession of an abatement or inspection warrant unless the Fire Chief determines that there is an immediate and eminent threat of injury or death to any person if immediate action is not taken. 8.46.060. Enforcement. If at the end of the time allowed for compliance in the original Notice to Abate Fire Hazard, or as extended in cases of appeal or the granting of a ten-day extension, compliance has not been accomplished; the Fire Chief may enter upon the property and abate any fire hazard(s) found thereon. In the event an appeal has been filed by the owner and denied by the Hearing Officer, the Fire Chief may then enter upon the property and abate any fire hazard(s) found thereon in accordance with this Chapter. Non-compliance requiring re- inspection shall result in the assessment of an inspection fee in such amount as established by a resolution of the Fire District. Nothing herein shall authorize the entry upon private property not otherwise open to the public, without the owner's consent or possession of an abatement or inspection warrant unless the Fire Chief determines that there is an immediate and eminent threat of injury or death to any person if immediate action is not taken. A. A ten-day extension for compliance may be sent when the Fire Chief has determined that the owner has completed greater than 51 % of the abatement. In such event, aten-day extension for compliance shall be mailed to the owner and shall include a revised due date for compliance. B. Abatement of the fire hazard(s) may, at the discretion of the Fire Chief, be performed by contract awarded to the lowest responsive bidder following competitive bidding by the City or District, as required by the Public Contract Code and/or City or District purchasing ordinance. The contractor shall keep and submit an itemized written report for each separate parcel of land as described in Government Code Section 39574. 8.46.070. Payment for inspections and abatement of fire hazard. A. When abatement is completed by a private contractor, the Fire Chief shall present to the owner a demand for payment by mailing a statement to the owner that includes the actual cost of the abatement plus administrative and inspection fees as established by resolution of the Fire District. Ordinance No. 832 -Page 4 of 8 If payment is not received within 30 days after mailing the statement, the Fire Chief shall certify to the County Assessor the amount remaining unpaid, together with the information required by law in such cases. The County Assessor shall cause the amount of the same to be entered upon the tax roll for the property on which abatement was performed, and the same shall be a special assessment which shall be included in the next property tax statement. Thereafter, the amount of the assessment shall be collected at the same time and in the same manner as property taxes are collected, and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary property taxes. C. In addition to entering the unpaid amount on the property tax roll far the property, the Fire District is authorized to place a lien on the property to ensure reimbursement of abatement costs in the event the property is transferred or conveyed to a bona fide purchaser for value prior to the date on which the first installment of such taxes would be due. D. All or any portion of any such assessment or cost heretofore entered shall, on order of the Hearing Officer or City Finance Director, be canceled by the San Bernardino County Assessor if uncollected, or refunded by the San Bernardino County Treasurer if collected, provided the Hearing Officer or Finance Director determines that the assessment and/or costs were entered, charged or paid: More than once; 2. Through clerical error; 3. Through error or mistake of the Hearing Officer, Finance Director, or the Fire Chief in respect to any material fact, including the case where the cost report rendered and confirmed as herein before provided shows the Fire District or private contractor abated the fire hazard, but such is not the actual fact; Without legal authority; or As to property acquired after the lien date by the State of California, or by any county, city, school district, or political subdivision, and is therefore not subject to sale for delinquent taxes. 8.46.080. Appeal procedure. A. The owner may appeal the determination of the existence of a fire hazard and/or the assessed fees and costs related to the abatement of a fire hazard to the Hearing Officer, as specified in subsection C of this Section, within the time provided for compliance with the order, by timely submitting a written appeal to the City Clerk. B. The appeal must be accompanied by an appeal fee as established by resolution of the Fire District. Said fees are refundable should the owner prevail. C. The appeal shall be heard by the Hearing Officer who shall be the person designated by the City and/or the Fire District to hear appeals on administrative citations. Ordinance No. 832 -Page 5 of 8 D. A written appeal of a Notice to Abate Fire Hazard must be actually received by the City Clerk within twenty (20) days of the date that the Notice was mailed. An appeal of the assessed fees shall be made within twenty (20) days of the date that the Notice to Abate or statement of costs, as applicable, was mailed. The owner's failure to appeal the Notice and/or assessed fees and costs within twenty (20) days of the date that the Notice or statement was mailed shall constitute a waiver of the right to an appeal. The City Clerk shall immediately forward all appeals to the Fire Chief. E. Upon receipt of a timely appeal, the Fire District shall set the matter for hearing with the Hearing Officer and shall notify the appellant of the hearing date at least ten (10) days prior to such date. The hearing shall be set for a date not less than fifteen (15) days nor more than 60 days after the appeal is received. F. The Hearing Officer shall issue a written decision no later than 15 days after the date on which the hearing concludes. The Hearing Officer can issue one or more of the following determinations: 1. Afire hazard did or does not exist. 2. The re-inspection fee was improperly assessed and is not payable by the owner. 3. The administrative fee was improperly assessed and is not payable by the owner. 4. The cost of abatement was improperly assessed and is not payable by the owner. 5. Although properly assessed, the fee and/or cost shall be reduced to a specific amount in order to not exceed actual cost recovery for the inspection and abatement of the fire hazard. 6. All costs were properly assessed. G. If the Hearing Officer sustains the appeal in its entirety and/or cancels all assessed costs and fees, the Fire District shall refund all costs and fees, including the appeal fee, within 30 days. H. If the Hearing Officer reduces costs assessed for the inspection and abatement of the fire hazard, the appeal fee shall not be refunded to the owner. I. The decision of the Hearing Officer shall be final. 8.46.090. Violations. A. It shall be a misdemeanor for any owner to fail to perform the duty set forth in Section 8.46.020 of this Chapter, or to fail to comply with a Notice to Abate Fire Hazard, as set forth in Sections 8.46.040 and/or 8.46.050 of this Chapter, or to interfere with the performance of the duties of the Fire Chief herein specified, or to refuse to allow the Fire Chief or approved private contractors to enter upon any premises for the purpose of abating fire hazards or to interfere in any manner with the work or removal herein provided. Ordinance No. 832 -Page 6 of 8 B. Violations are punishable as provided in Chapter 1.12 of the Rancho Cucamonga Municipal Code, and may include the issuance of administrative citations as provided in said Chapter." SECTION 3. Severability.. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. SECTION 4. Civil remedies available. The violation of any of the provisions of this Ordinance or the Chapter hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. Please see fhe follow/ng page /or /ormal adopt/on, [ertl/Itaflon antl slgnaiures Ordinance No. 832 -Page 7 of 8 PASSED, APPROVED, AND ADOPTED this 18'h day of August 2010. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None `_ Donald J. KurtFi, ., Mayor ATTEST: D nice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 4'" day of August 2010, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 18'" day of August 2010. Executed this 19'" day of August 2010, at Rancho Cucamonga, California. ~,~~, r , rJ~iice C. Reynolds, City Cler Ordinance No. 832 -Page 8 of 8