Chapter 8.10
ABATEMENT OF WEEDS AND FLAMMABLE VEGETATION
Sections:
8.10.010 Findings and declarations.
8.10.030 Duty to abate weeds and flammable vegetation.
8.10.040 Particular circumstances.
8.10.070 Immediate fire hazard.
8.10.100 Abatement by the city.
8.10.110 Demand for payment and notice of special assessment.
8.10.120 Special assessments and liens.
8.10.130 Legal action and attorneys’ fees.
8.10.140 Penalty for violation of chapter.
Prior legislation: Code 1990 § 3.5.09.
8.10.010 Findings and declarations.
A. The city council hereby makes the following findings:
1. The city of Calimesa is located within the San Gorgonio Pass area of Riverside County, California. Historically, the area has an arid climate with an annual rainfall of 10 to 23 inches. However, the area has experienced below-average rain in recent years. The area is susceptible to hot weather during the year’s spring, summer, and fall seasons, with warm to hot, dry easterly Santa Ana winds that commonly occur in the area, contributing to drying out vegetation moisture and spreading wildland fires. These local climatic conditions require the city to establish and regulate a year-round vegetation management program.
2. Weeds and flammable vegetation constitute a fire hazard and threaten the public’s health, safety, and welfare. As provided in this chapter, the city council declares that weeds and flammable vegetation are public nuisances and may be abated. [Ord. 402 § 1, 2024; Ord. 313 § 1, 2011; Ord. 98-4 § 1; Ord. 92-22 § 1; Code 1990 § 3.5.01.]
8.10.020 Definitions.
A. “Brush” means shrubs and short scrubby trees that grow close to the ground.
B. “City” means city of Calimesa.
C. “Discing” means to remove weeds and flammable vegetation with an implement such as a harrow or plow that turns and loosens the soil with a series of discs.
D. “Firebreak” means an area of a property cleared of all flammable vegetation that acts as a barrier to slow or stop the progress of wildland fire.
E. “Flammable vegetation” includes brush, Russian thistle, weeds, dry grasses, or other invasive or noxious plants that constitute a fire hazard and endanger people or property.
F. “Improved parcel” means a portion of real property of any size, the area of which is determined by the assessor’s maps and records and which may be identified by an assessor’s parcel number, upon which a structure is located.
G. “Mowed” means flammable vegetation cut down with a machine.
H. “Structure” means any dwelling, house, building, or flammable construction attached to or near any other structure.
I. “Russian thistle” means a large, bushy plant commonly known as a “tumbleweed.”
J. “Tree drip line” means the area directly located under the outer circumference of the tree branches.
K. “Very high fire hazard severity zone” means geographic areas designated as a very high fire hazard severity zone by the State Fire Marshal under California Government Code Section 51178.
L. “Weeds” means any of the following materials that are capable of being ignited and endangering persons or property: plants that bear seeds of a downy or wingy nature; annual grasses; sagebrush, chaparral, and any other brush that attains sufficiently large growth as to become a fire menace; and poison oak and poison ivy.
M. “Unimproved parcel” means a portion of real property of any size, the area of which is determined by the assessor’s maps and records, and which may be identified by an assessor’s parcel number, upon which no structure is located. [Ord. 402 § 1, 2024; Ord. 313 § 1, 2011; Ord. 98-4 § 1; Ord. 92-22 § 1; Code 1990 § 3.5.02.]
8.10.030 Duty to abate weeds and flammable vegetation.
A. It shall be the duty of every owner, or owners in control of any private land or interest in private real property within the city of Calimesa, to abate therefrom and from all sidewalks, trails, easements, and parkways on such property, all weeds and flammable vegetation. The procedures for abatement set forth herein are not exclusive but are in addition to other procedures outlined in this code for the abatement of nuisances. The obligation to abate all weeds and flammable vegetation shall comply with the following:
1. Any unimproved parcel of under five acres shall have the parcel’s vegetation managed by the following methods:
a. Mowed so that weeds and grasses are no higher than four inches above the soil, or disced or scraped the entire parcel. Before any such discing or scraping operations, the property must be watered per the South Coast Air Quality Management District’s Rule on Fugitive Dust (Rule 403) to minimize the amount of particulate matter in the ambient air.
b. Remove all tree limbs within six feet of the ground that contribute to a fire spreading into the tree’s canopy.
c. Remove downed trees and branches from the parcel.
d. Remove debris piles containing flammable vegetation from the parcel.
2. Any unimproved parcel of five acres or more shall have the parcel’s vegetation managed by the following methods:
a. Provide a firebreak not less than 100 feet wide within the entire property boundaries of the parcel.
b. Provide and maintain firebreaks not less than 100 feet wide so that no portion of the parcel shall be larger than two and one-half acres without a firebreak on the entire parcel.
c. Remove all tree limbs within six feet of the ground that contribute to a fire spreading into the tree’s canopy.
d. Remove downed trees and branches from the parcel.
e. Remove debris piles containing flammable vegetation from the parcel.
3. Any improved parcel of under five acres within a city of Calimesa recognized very high fire hazard severity zone shall have the parcel’s vegetation managed by the following methods:
a. Within 30 feet from any structure or building on the parcel:
i. Mowed so that weeds and grasses are no higher than four inches above the soil or disced or scraped the area. Before any such discing or scraping operations, the property must be watered per the South Coast Air Quality Management District’s Rule on Fugitive Dust (Rule 403) to minimize the amount of particulate matter in the ambient air.
ii. Remove all dead plants, shrubs, grasses, weeds, trees, branches, or limbs.
iii. Shrubs and plants shall not exceed two feet in height.
iv. Shrubs and plants shall be limited to a maximum aggregated diameter of four feet.
v. Shrubs and plants shall be separated from other shrubs and plants a minimum of 15 feet apart.
vi. Trees shall be maintained so the tree’s drip line is at least 10 feet from any structure.
vii. The horizontal distance between the crowns of trees and the adjacent crowns of trees shall not be less than 10 feet.
b. Within 30 to 100 feet or the property line from any structure:
i. Mowed so weeds and grasses are no more than four inches above the soil or disced or scraped. Before any such discing or scraping operations, the property must be watered per the South Coast Air Quality Management District’s Rule on Fugitive Dust (Rule 403) to minimize the amount of particulate matter in the ambient air.
ii. Grouping of shrubs and plants shall be separated from structures at least 30 feet.
iii. Grouping of shrubs and plants shall be limited to a maximum aggregate diameter of 10 feet.
iv. Grouping of shrubs and plants shall be separated from other groups of shrubs and plants at least 15 feet.
v. The horizontal distance between the crowns of trees and the adjacent crowns of trees shall not be less than 10 feet.
c. The roof of every structure shall be free of leaves, pine needles, and flammable vegetation.
d. The entire parcel shall have a firebreak of not less than 100 feet wide at the outside boundaries of the parcel.
e. Remove all tree limbs within six feet of the ground that contribute to a fire spreading into the tree’s canopy.
f. Remove downed trees and branches from the parcel.
g. Remove debris piles containing flammable vegetation from the parcel.
h. Maintain the airspace immediately above driveways or private vehicle access roads so that no portion of the trees, bushes, or shrubs is lower than 13 feet above the surface of the driveway or road.
i. Maintain the vegetation encroachments along the sides of driveways and private access roads so that a minimum drive width of 12 feet of drivable passage is available.
4. Any improved parcel of five acres or more within a city of Calimesa recognized very high fire hazard severity zone shall have the parcel’s vegetation managed by the following methods:
a. Within 30 feet from any structure or building on the parcel:
i. Mowed so that weeds and grasses are no higher than four inches above the soil or disced or scraped. Before any such discing or scraping operations, the property must be watered per the South Coast Air Quality Management District’s Rule on Fugitive Dust (Rule 403) to minimize the amount of particulate matter in the ambient air.
ii. Remove all dead plants or shrubs, grass, weeds, trees, branches, or limbs.
iii. Shrubs and plants shall not exceed two feet in height.
iv. Shrubs and plants shall be limited to a maximum aggregated diameter of four feet.
v. Shrubs and plants shall be separated from other shrubs and plants at least 15 feet apart.
vi. Trees shall be maintained so the tree’s drip line is at least 10 feet from any structure.
vii. The horizontal distance between the crowns of trees and the adjacent crowns of trees shall not be less than 10 feet.
b. Within 30 to 100 feet or the property line from any structure:
i. Mowed so weeds are no more than four inches above the soil or disced or scraped. Before any such discing or scraping operations, the property must be watered per the South Coast Air Quality Management District’s Rule on Fugitive Dust (Rule 403) to minimize the amount of particulate matter in the ambient air.
ii. Grouping of shrubs and plants shall be separated from structures at least 30 feet.
iii. Grouping of shrubs and plants shall be limited to a maximum aggregate diameter of 10 feet.
iv. Grouping of shrubs and plants shall be separated from other groups of shrubs at least 15 feet.
v. The horizontal distance between the crowns of trees and the adjacent crowns of trees shall not be less than 10 feet.
c. The roof of every structure shall be free of leaves, pine needles, and flammable vegetation.
d. The entire parcel shall have a firebreak of not less than 100 feet wide at the outside boundaries of the parcel.
e. Remove all tree limbs within six feet of the ground that contribute to a fire spreading into the tree’s canopy.
f. Remove downed trees and branches from the parcel.
g. Remove debris piles containing flammable vegetation from the parcel.
h. Maintain the airspace immediately above driveways or private access roads so that no portion of the trees, bushes, or shrubs are lower than 13 feet above the surface of the driveway or road.
i. Maintain the vegetation encroachments along the sides of driveways and private access roads so that a minimum drive width of 12 feet of drivable passage is available.
j. All land beyond 100 feet shall possess firebreaks and shall be maintained such that no portion of the parcel shall be larger than two and one-half acres in area without a firebreak.
5. Any improved parcel under five acres not within a city of Calimesa recognized very high fire hazard severity zone shall have the parcel’s vegetation managed by the following methods:
a. Within 30 feet from any structure or building on the parcel:
i. Mow so that weeds are no higher than four inches above the soil, disced, or scraped the area. Before any such discing or scraping operations, the property must be watered per the South Coast Air Quality Management District’s Rule on Fugitive Dust (Rule 403) to minimize the amount of particulate matter in the ambient air.
ii. Remove all dead plants or shrubs, grass, weeds, trees, tree branches or limbs.
iii. Shrubs and plants shall not exceed four feet in height.
iv. Shrubs and plants shall be limited to a maximum aggregated diameter of four feet.
v. Shrubs and plants shall be separated from other shrubs and plants a minimum of 15 feet apart.
vi. Trees shall be maintained so the tree’s drip line is at least 10 feet from any structure.
b. The roof of every structure shall be free of leaves, pine needles, and flammable vegetation.
c. The entire parcel shall have a firebreak of not less than 100 feet wide at the outside boundaries of the parcel.
d. Remove all tree limbs within six feet of the ground that contribute to a fire spreading into the tree’s canopy.
e. Remove downed trees and branches from the parcel.
f. Remove debris piles containing flammable vegetation from the parcel.
g. Maintain the airspace immediately above driveways or private vehicle access roads so that no portion of the trees, bushes, or shrubs are lower than 13 feet above the surface of the driveway or road.
h. Maintain the vegetation encroachments along the sides of driveways and private access roads so that a minimum drive width of 12 feet of drivable passage is available.
6. Any improved parcel of five acres or more not within a city of Calimesa recognized very high fire hazard severity zone shall have the parcel’s vegetation managed by the following methods:
a. Within 30 feet from any structure or building on the parcel:
i. Mow so that weeds are no higher than four inches above the soil, disced, or scraped the area. Before any such discing or scraping operations, the property must be watered per the South Coast Air Quality Management District’s Rule on Fugitive Dust (Rule 403) to minimize the amount of particulate matter in the ambient air.
ii. Remove all dead plants or shrubs, grass, weeds, trees, tree branches or limbs.
iii. Shrubs and plants shall not exceed four feet in height.
iv. Shrubs and plants shall be limited to a maximum aggregated diameter of four feet.
v. Shrubs and plants shall be separated from other shrubs and plants a minimum of 15 feet apart.
vi. Trees shall be maintained so the tree’s drip line is at least 10 feet from any structure.
b. The roof of every structure shall be free of leaves, pine needles, and flammable vegetation.
c. The entire parcel shall have a firebreak of not less than 100 feet wide at the outside boundaries of the parcel.
d. Remove all tree limbs within six feet of the ground that contribute to a fire spreading into the tree’s canopy.
e. Remove downed trees and branches from the parcel.
f. Remove debris piles containing flammable vegetation from the parcel.
g. Maintain the airspace immediately above driveways or private vehicle access roads so that no portion of the trees, bushes, or shrubs are lower than 13 feet above the surface of the driveway or road.
h. Maintain the vegetation encroachments along the sides of driveways and private access roads so that a minimum drive width of 12 feet of drivable passage is available.
i. All land beyond 100 feet shall possess firebreaks and shall be maintained such that no portion of the parcel shall be larger than two and one-half acres in area without a firebreak. [Ord. 402 § 1, 2024; Ord. 313 § 1, 2011; Ord. 98-4 § 1; Ord. 92-22 § 1; Code 1990 § 3.5.03.]
8.10.040 Particular circumstances.
A. Where contiguous parcels are under the same ownership, the property owner may request authorization from the city manager or the city manager’s designee to treat the contiguous parcels as one parcel for abatement of weeds and flammable vegetation for a calendar year. The property owner’s request shall be documented through written communication.
B. Where any parcel or contiguous parcels under the same ownership are utilized primarily for the grazing of livestock or planting for the harvesting of agricultural crops, the property owner may request from the city manager or the city manager’s designee authorization for firebreaks to be reduced to not less than 10 feet wide as an alternative to the 100-feet-wide fire breaks for abatement of weeds and flammable vegetation for a calendar year. The property owner’s request shall be documented through written communication, and documentation or evidence shall be submitted that the property’s primary use is grazing livestock or planting for harvesting agricultural crops.
C. Where any parcel or contiguous parcels under the same ownership are improved in a manner that prevents abatement under the requirements of this section, the city manager or the city manager’s designee may authorize or require other means of abatement. [Ord. 402 § 1, 2024.]
8.10.050 Exemptions.
A. The following land is exempt from the provisions of this chapter:
1. Habitat conservation areas and land conservancies controlled by any government agency or nonprofit entity whose purpose is to protect endangered plant species, animals, and historical or archaeological sites.
2. Any land designated by the city as a wildlife corridor or for habitat conservation. [Ord. 402 § 1, 2024; Ord. 313 § 1, 2011. Formerly 8.10.040.]
8.10.060 Notice to abate.
A. Whenever it is necessary to enforce the abatement requirements outlined in this chapter, the city manager, or the city manager’s designee, shall issue a notice to abate to the owner or owners of the parcel shown on the Riverside County assessor’s latest equalized assessment roll (owner of record).
B. The notice to abate required by this section shall be sent by certified first-class U.S. mail to the record owner or owners.
C. The failure of the parcel owner or owners to actually receive such notice to abate shall not affect the city’s power to proceed as provided in this chapter, nor shall it invalidate any subsequent penalties, assessment or lien against the property owner or owners and subject property.
D. The notice to abate required by this section shall include, at a minimum, the following information:
1. A description of the particular fire hazard.
2. The assessor’s parcel number (APN) and any applicable street addresses of the affected property so as to provide an accurate description of the subject property.
3. The date by which abatement must occur. [Ord. 402 § 1, 2024; Ord. 313 § 1, 2011; Ord. 98-4 § 1; Ord. 92-22 § 1; Code 1990 § 3.5.04. Formerly 8.10.050.]
8.10.070 Immediate fire hazard.
A. When, in the opinion of the city manager or the city manager’s designee, an extreme fire hazard exists that constitutes an immediate threat to the public health, safety, and welfare, the city may require the removal of such hazards. Nothing herein shall authorize the entry upon private property without the owner’s consent or possession of an abatement or inspection warrant unless:
1. The city manager, or his designee, determines that there is an immediate and imminent threat of injury to any person if immediate action is not taken.
2. Neither consent nor a warrant is otherwise required by law. [Ord. 402 § 1, 2024; Ord. 313 § 1, 2011. Formerly 8.10.060.]
8.10.080 Appeal procedures.
A. Any property owner(s) or property owner’s designees contesting the existence of weeds, flammable vegetation and/or the need for abatement, or otherwise adversely affected by a notice to abate, may appeal to city of Calimesa by filing a written appeal with the city clerk within 10 city business days of the date of the notice to abate. For the purposes of this section, business days exclude Fridays, Saturdays, Sundays, and the city of Calimesa recognized holidays, resulting in the City Hall being closed for the day.
B. The appeal must be accompanied by an appeal fee as established by resolution of the city council. Said fee is refundable should the appellant prevail.
C. A written appeal of the notice to abate must be actually received by the city clerk within 20 days that the notice was mailed. An appeal of the assessed fees shall be made within 20 days of the date that the notice to abate or statement of costs, as applicable, was mailed. The failure to appeal the notice and/or assessed fees and costs within 20 days of the date that the notice or statement was mailed shall constitute a waiver of the right to appeal. The city clerk shall immediately forward all appeals to the city manager.
D. Upon receipt of an appeal, the city clerk shall set the matter for public hearing before a city hearing officer within 20 days and provide the appellant with written notice of the date, time, and place of the public hearing at least 10 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. The 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 hearing officer shall issue his decision at the conclusion of the hearing, and the decision shall be final.
E. The city manager shall establish procedures for the selection of the city hearing officer. The hearing officer shall be selected in a manner that avoids the potential for pecuniary or other bias, and in no event shall the official who issued a notice to abate or demand for payment and notice of special assessment be the administrative hearing officer. [Ord. 402 § 1, 2024; Ord. 313 § 1, 2011; Ord. 98-4 § 1; Ord. 92-22 § 1; Code 1990 § 3.5.05. Formerly 8.10.070.]
8.10.090 Penalties.
A. Any property owner(s) who permits or allows the existence of a public nuisance on any lot or premises owned, occupied, or controlled by the property owner(s) or who violates any of the provisions of this chapter shall be subject to the following penalties:
1. Upon the second reinspection of the parcel with abatement corrections not performed, the property owner(s) shall be subject to an administrative citation for the amount of $150.00, along with a letter indicating the date of the third reinspection.
2. Upon the third reinspection of the parcel in question with no abatement corrections performed, the property owner(s) shall be subject to an administrative citation for the amount of $250.00. [Ord. 402 § 1, 2024.]
8.10.100 Abatement by the city.
A. If the property owner(s) of the parcel fails to abate the weed and flammable vegetation identified on the notice to abate by the third reinspection or within the time allowed by a hearing officer after an appeal, the city manager or city manager’s designee may cause abatement work to be performed on the parcel by city staff and/or a private contractor selected by the city.
B. The cost of such abatement, plus a reasonable administrative charge, may be imposed as a special assessment upon the property.
1. The cost so assessed shall be limited to the actual costs incurred by the city, including employee costs, contractor costs, costs of investigation, clerical costs and city equipment costs, attorney costs, consultants costs, and administrative costs to be determined by resolution of the city council. [Ord. 402 § 1, 2024.]
8.10.110 Demand for payment and notice of special assessment.
A. After the city has completed abatement pursuant to CMC 8.10.100, the city manager or the city manager’s designee shall file a report stating the abatement costs and the reasonable administrative charge with the city clerk.
B. The city clerk shall send a demand for payment and notice of special assessment to the owner(s) of record by certified U.S. mail with a return receipt requested, setting forth all abatement costs owed to the city.
C. The demand for payment and notice of special assessment shall include the following information:
1. Date of demand for payment and notice of special assessment notice.
2. The assessor’s parcel number (APN) and any applicable street addresses of the affected property so as to provide an accurate description of the subject property.
3. The owner or owners of the parcel shown on the Riverside County assessor’s latest equalized assessment roll (owner of record).
4. Notice is hereby given that the cost of abating weeds and flammable vegetation is hereby being billed directly to the property owner for collection by the city.
5. The total amount owed to the city.
6. An itemized list of the cost.
7. Notice is further given that should you fail to remit payment to the city, any unpaid amounts shall be placed on a delinquent account list and submitted to the Calimesa city council for consideration and action at a public hearing to be held on [time and date] at the Norton Younglove Multipurpose Senior Center, 908 Park Avenue, Calimesa, California. At said hearing, the city council will hear any objections or protests from property owners who have not paid the total amount specified above. If you wish to object to this bill, you must appear before the city council at the public hearing.
8. At the hearing, the city council shall hear any objections or protests by persons who may be liable for the costs of abatement. The council shall add related administrative charges and make such revisions or corrections to the report as it deems justified. The council shall confirm the report by resolution.
9. Notice is further given that at the conclusion of the hearing, the city council shall confirm delinquent charges as a special assessment and lien against the subject property until said amount is paid in full.
D. The city clerk shall set the report for public hearing before the city council at the first regular meeting that will be held at least 30 days after the demand for payment and notice of special assessment has been sent.
E. The demand for payment and notice of special assessment shall require that the owner remit payment to the city within 30 days of the demand for payment, and shall be in substantially the following form:
DEMAND FOR PAYMENT AND NOTICE OF SPECIAL ASSESSMENT FOR ABATEMENT COSTS
TO: APN/Address
RE: Collection of Abatement Costs
NOTICE IS HEREBY GIVEN that the cost of abating weeds, flammable vegetation or other combustible matter is hereby being billed directly to the property owner for collection by the City.
The total amount owed to the City is $___ . This amount is due and payable to the City of Calimesa on or before: [30 Days from Date of Demand for Payment]. The amount includes administrative overhead costs of $___as approved by Resolution No. ____.
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Administrative overhead |
Total due and payable to the City |
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NOTICE IS FURTHER GIVEN that should you fail to remit payment to the City, any unpaid amounts shall be placed on a delinquent account list and submitted to the Calimesa City Council for consideration and action at a public hearing to be held on [TIME and DATE] at the Norton Younglove Multipurpose Senior Center, 908 Park Avenue, Calimesa, California. At said hearing, the City Council will hear any objections or protests from property owners who have not paid the total amount specific above. If you wish to object to this bill, you must appear before the City Council at the public hearing.
NOTICE IS FURTHER GIVEN that at the conclusion of the hearing, the City Council shall confirm delinquent charges as a special assessment and lien against the subject property until said amount is paid in full.
Payment should be submitted to the City of Calimesa, 908 Park Avenue, Calimesa, CA 92320.
City Manager
[Ord. 402 § 1, 2024; Ord. 313 § 1, 2011; Ord. 98-4 § 1; Ord. 92-22 § 1; Code 1990 § 3.5.07. Formerly 8.10.090.]
8.10.120 Special assessments and liens.
A. The city clerk shall prepare and file with the county auditor a certified copy of the city council resolution adopted pursuant to CMC 8.10.110.
B. The county auditor shall enter each assessment in the county tax roll opposite the subject parcel of land. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedures and sale, in case of delinquency, as municipal taxes.
C. In accordance with California Government Code Section 38773.5, all laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to the special assessment. [Ord. 402 § 1, 2024; Ord. 313 § 1, 2011. Formerly 8.10.100.]
8.10.130 Legal action and attorneys’ fees.
In addition to the remedies set forth in this chapter, the city may bring legal action in a court of competent jurisdiction for the recovery of any monies expended by it in order to enforce the provisions of this chapter. In any such legal action, the prevailing party shall be entitled to recover the cost of such action, including, but not limited to, reasonable attorneys’ fees and costs. An award of attorneys’ fees to a prevailing party shall not exceed the amount of reasonable attorneys’ fees incurred in the action or proceeding. [Ord. 402 § 1, 2024; Ord. 313 § 1, 2011. Formerly 8.10.120.]
8.10.140 Penalty for violation of chapter.
Any person who permits or allows the existence of a public nuisance on any lot or premises owned, occupied or controlled by him, or who violates any of the provisions of this chapter, is guilty of a misdemeanor and shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued or permitted. [Ord. 402 § 1, 2024; Ord. 313 § 1, 2011; Ord. 98-4 § 1; Ord. 92-22 § 1; Code 1990 § 3.5.08. Formerly 8.10.130.]