Chapter 8.16
ABATEMENT OF HAZARDOUS VEGETATION AND COMBUSTIBLE MATERIAL
Sections:
8.16.040 Duty to abate hazardous vegetation and combustible material.
8.16.050 Enforcement, inspection and authority to enter property.
8.16.060 Summary abatement proceedings.
8.16.070 Abatement proceedings.
8.16.080 Alternate abatement procedure, nuisance resolution – Notice.
8.16.090 Form of notice to destroy weeds.
8.16.130 Order to abate nuisance.
8.16.140 Account and report of cost.
8.16.160 Hearing – Report and assessment.
8.16.010 Purpose.
Combustible materials or weeds upon and adjacent to private real property within the city which are allowed by the owners thereof to flourish and grow in such a manner that they constitute a health, fire, and safety menace to the citizens of the city, and may constitute a nuisance, shall be abated. (Ord. 894 § 2 Exh. A (part), 2020).
8.16.020 Definitions.
The following definitions apply to this chapter:
“Abate” and/or “abatement” means an act used to remove, destroy, eliminate, seize, impound, or any action taken to mitigate a public nuisance.
“City manager” means the city manager of the city of Cotati, and his or her designee(s).
“Combustible material” means rubbish, litter or material of any kind other than hazardous vegetation that is flammable and endangers the public safety by creating a fire hazard.
“Fire chief” means the fire chief of the city of Cotati or the fire chief of the fire agency with jurisdiction in the city of Cotati, including:
1. Chief of Rancho Adobe Fire District or successor, and/or his or her designee(s);
2. Such other officers as are designated by the city manager.
“Hazardous vegetation” means vegetation that is flammable and endangers the public safety by creating a fire hazard including but not limited to seasonal and recurrent weeds, stubble, brush, dry leaves, etc.
“Improved parcel” means a portion of land of any size, the area of which is determined by the assessor’s maps and records and may be identified by an assessor’s parcel number upon which a structure is located.
“Person” means natural person or corporation.
“Structure” means any dwelling, house, building or other type of flammable construction including but not limited to a wood fence attached to or near any other structure.
“Unimproved parcel” means a portion of land of any size, the area of which is determined by the assessor’s maps and records and may be identified by an assessor’s parcel number upon which no structure is located. (Ord. 894 § 2 Exh. A (part), 2020).
8.16.030 Nuisance when.
The city council hereby declares that all weeds growing upon private or public property or streets in the city and all rubbish on such property or streets are public nuisances and are subject to abatement by eradication and/or removal under the provisions of this chapter. (Ord. 894 § 2 Exh. A (part), 2020).
8.16.040 Duty to abate hazardous vegetation and combustible material.
It is unlawful for any person owning, occupying, renting, managing or controlling any real property in the city to cause or permit any weeds, or to place, cause or permit any rubbish, to be or remain on such real property in the city or on portions of streets that join such real property to the centerline of the streets.
Upon receipt of a notice of violation and order to abate, in accordance with Section 8.16.070, or upon adoption of the resolution, in accordance with Section 8.16.080, it shall be the duty of every owner, occupant, and person in control of any improved or unimproved parcel of land or interest therein, to abate from all parcels, up to and including the property line or established curbline, or from the sidewalks, parking areas or streets, all combustible material and hazardous vegetation, that constitutes a fire hazard which may endanger or damage neighboring property pursuant to the requirements of the resolution or the notice of violation and order to abate received. The removal of vegetation pursuant to this chapter shall not exceed that set forth in the resolution or the notice of violation and order to abate. The notice of violation and order to abate and any clearance shall conform to guidelines issued by the fire chief, and which the fire chief may amend periodically.
The requirements of this section will be satisfied if the following requirements are met by the method described in a notice of violation and order to abate:
A. For improved parcels:
1. Maintain a thirty‐foot defensible space around all buildings/structures.
a. The grass needs to be cut six inches or less.
b. The tree branches need to be limbed up six feet from the ground.
c. Shrubs need to be maintained.
d. Climbing vines must be removed from trees and structures.
2. Additional defensible space outward to one hundred feet from all buildings and surrounding, neighboring structures may be required depending on the property slope, fuel load and/or fuel type.
a. Fuel load – amount of vegetation.
b. Fuel type – type of vegetation.
c. Property slope – steepness of property.
3. Maintain a ten‐foot minimum clearance next to the roadside; more may be required.
a. The roadside clearance may be extended more than ten feet.
4. Remove all portions of trees within ten feet of chimney and/or stovepipe outlets.
a. Property owners are responsible for maintaining trees year round.
b. Trees need to be cut ten feet away from the chimney in any direction.
5. Maintain trees adjacent to or overhanging a structure free of dead/dying wood.
a. Cut the trees back and remove any dead or dying wood.
6. Maintain the roof of any structure free of leaves, needles, or other dead/dying wood.
a. Remove any leaves, needles, branches, or debris from the roof and/or gutters.
7. Install a spark arrester on chimney and/or stovepipe outlets.
a. The spark arrester must be constructed of heavy wire mesh with openings not to exceed one‐half inch.
8. Provide street address numbers that are clearly visible from the roadside, minimum height: four inches.
a. The address numbers should be posted on the house.
b. If the house sits back from the street, post the address at the beginning of the driveway and on the house.
c. The address numbers should be in a contrasting color for visibility.
9. Remove all tree limbs within six feet of the ground.
a. Remove lower hanging tree branches from the ground up six feet.
10. Remove dead/dying vegetation from property.
a. Remove any and all dead/dying vegetation from the property.
B. For unimproved parcels:
1. Flammable vegetation and other combustible growth within ten feet of neighboring structures and roadway frontage shall be removed;
2. Dead and dying vegetation within ten feet of neighboring structures and roadway frontage shall be removed;
3. Grass and combustible surface vegetation within ten feet of neighboring structures and roadway frontage must be trimmed to less than four inches in height unless necessary for erosion control;
4. All trees within ten feet of neighboring structures and roadway frontage must be pruned to at least six feet above grade; and
5. Combustible material shall be removed from the property.
C. The fire chief may require more clearance distance than specified in the notice of violation and order to abate for the protection of public health, safety or welfare or the environment.
D. The determination for appropriate clearance distances will be made based upon a visual inspection of the parcel and shall consider all factors that place the property or adjoining structure(s) at risk from an approaching fire. These factors shall include local weather conditions, fuel type(s), topography, and the environment where the property or adjoining structure(s) is located. (Ord. 894 § 2 Exh. A (part), 2020).
8.16.050 Enforcement, inspection and authority to enter property.
A. For the purpose of enforcing this chapter, the fire chief may designate any person or persons as his/her deputy in the performance of the duties enjoined upon him/her by this chapter, in addition to those named in Section 8.16.020.
B. For the purpose of enforcing or administering this chapter, the fire chief may enter any real property for the purpose of inspecting the property or for summary abatement proceedings whenever the fire chief is informed or has reasonable cause to believe that hazardous vegetation or combustible material exists, constituting a condition dangerous or injurious to the health or welfare of persons or to the public, including the environment, is a public nuisance or is otherwise in violation of this chapter.
C. No person shall interfere with the entry of the fire chief acting in the official course and scope of duty. (Ord. 894 § 2 Exh. A (part), 2020).
8.16.060 Summary abatement proceedings.
Notwithstanding any provision of this code, the fire chief is authorized to enter real property and summarily abate any public nuisance determined by the fire chief to constitute an immediate threat to public health or safety without prior notice or hearing. Notwithstanding the foregoing, a reasonable effort shall be made to notify the owner of the premises in advance of abatement. (Ord. 894 § 2 Exh. A (part), 2020).
8.16.070 Abatement proceedings.
A. Inspection. The fire chief shall inspect the real property and streets throughout the city to determine compliance with the provisions of this chapter.
B. Notice of Violation and Order to Abate. If the fire chief determines that any real property is being maintained or permitted to exist in a manner prohibited by this chapter, the fire chief may issue a notice of violation and order to abate in accordance with Chapter 1.30 (Administrative Notice and Order), or an administrative citation in accordance with Chapter 1.28 (Administrative Citations).
C. Alternative Procedure. The procedures provided for by this chapter are an alternative to any other procedure adopted by the city council for the abatement of public nuisances, such as Chapter 1.20, or which may be authorized by the law of the state of California. (Ord. 894 § 2 Exh. A (part), 2020).
8.16.080 Alternate abatement procedure, nuisance resolution – Notice.
A. Whenever any weeds are growing upon any property within the city, as described in Section 8.16.020, the city council may determine that the same constitutes a public nuisance and may by resolution declare the same to be a public nuisance, and shall set out a general description of such weeds and their location which constitutes such public nuisance as should reasonably be anticipated to give all persons affected thereby notice thereof. The city council may provide by resolution for the removal of such grass, weeds or other obstructions from the property, sidewalks, parkings or streets, or any one or more of the foregoing. The resolution shall fix a time and place for the hearing of any objections to the proposed destruction or removal of such weeds by city authorities, and shall state that the expenses thereof shall constitute a lien and may be assessed upon the lot or lands from which such weeds shall have been destroyed or removed, or upon the abutting property where the weeds have been removed from the adjacent sidewalks, parkings or streets. The resolution shall refer to the street where the public nuisance exists by its commonly known name, and describe the property upon which or in front of which the nuisance exists by its assessor’s parcel number.
B. 1. At the time it adopts the resolution as provided for by subsection A of this section, the council may also find and declare that weeds of specified parcels of property are seasonal and recurrent nuisances.
2. Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of this chapter; provided that, upon the second and any subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further hearings need be held, and it shall be sufficient to mail a postcard notice to the owners of the property as they and their addresses appear upon the current assessment roll.
3. The notice shall refer to and describe the property and shall state that noxious or dangerous weeds of a seasonal and recurrent nature are growing on or in front of the property, and that the same constitute a public nuisance which must be abated by the removal of such noxious or dangerous weeds, and that otherwise they will be removed and the nuisance will be abated by the city authorities, in which case the cost of such removal shall be assessed upon the parcel and lands from which or in front of which such weeds are removed, and that upon confirmation such cost will constitute a lien upon such parcel or lands until paid. (Ord. 894 § 2 Exh. A (part), 2020).
8.16.090 Form of notice to destroy weeds.
After the passage of such resolution, the city clerk shall cause a notice to be prepared. The notice shall be substantially in the following form:
NOTICE TO DESTROY WEEDS
Notice is hereby given that on the ____ day of ____, 20 ____, the Council of the City of Cotati passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on this street in the City of Cotati, and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by the removal of the weeds. Otherwise they will be removed and the nuisance abated by the city and cost of removal assessed upon the land from or in front of which the weeds are removed and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the city clerk.
All property owners having any objections to the proposed removal of the weeds are hereby notified to attend a meeting of the City Council of Cotati to be held ___________, when their objections will be heard and given due consideration.
Dated this ____ day of _______, 20 ___.
(Ord. 894 § 2 Exh. A (part), 2020).
8.16.100 Notice of meeting.
The city clerk shall mail the notice described in Section 8.16.090 to all persons owning property described in the resolution and to whom such property is assessed in the last equalized assessment roll available on the date the resolution described in Section 8.16.080 was adopted. The notices shall be mailed at least five days prior to the time for hearing objections by the city council. (Ord. 894 § 2 Exh. A (part), 2020).
8.16.110 Private contract.
Abatement of the nuisance may, in the discretion of the city council, be performed by contract awarded by the city council or another public entity. Contracts shall be awarded on the basis of competitive bids let to the lowest responsible bidder, pursuant to the Public Contracts Code. In such event, the contractor shall keep the account and submit the itemized written report for each separate parcel of land required by Section 8.16.140. (Ord. 894 § 2 Exh. A (part), 2020).
8.16.120 Hearing.
At the time stated in the notice, the city council shall hear and consider all objections to the proposed destruction and removal of such weeds, and may continue the hearing from time to time. Council, by motion or resolution, shall allow or overrule any or all objections, whereupon the city council shall thereupon be deemed to have acquired jurisdiction to proceed and perform the work of removal, and the decision of the city council on the matter shall be deemed final and conclusive. (Ord. 894 § 2 Exh. A (part), 2020).
8.16.130 Order to abate nuisance.
The council shall by resolution order the city engineer or some other authorized person to abate the nuisance or cause the same to be abated by having the weeds referred to destroyed or removed by cutting, discing, chemical spraying, or any other method in the discretion of the engineer or other authorized person, unless the council specifically directs otherwise. The engineer or such other authorized person is expressly authorized to enter upon private property for that purpose. Any property owner shall have the same destroyed or removed at his own expense; provided, that the weeds have been removed prior to the arrival of the engineer or other authorized person. (Ord. 894 § 2 Exh. A (part), 2020).
8.16.140 Account and report of cost.
The city clerk or the city treasurer shall keep an account of the cost of abating the nuisance and embody such account in a report and assessment list to the city council. Such report shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the expense proposed to be assessed against such separate lot or parcel of land. (Ord. 894 § 2 Exh. A (part), 2020).
8.16.150 Notice of report.
The city clerk shall post copies of such report and assessment list on the bulletin board at the front door of the city hall of the city, together with a notice of the filing thereof and of the time and place when and where it will be submitted to the city council for hearing and confirmation notifying property owners that they may appear at such time and place and object to any matter contained therein. The posting of the notice shall be made and completed at least ten days before the time such report shall have been submitted to the city council. Such notice as so posted shall be substantially in the following form:
NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED ABATEMENT.
NOTICE IS HEREBY GIVEN THAT ON ____, the City Clerk of the City of Cotati filed with the City Council of said City a report and assessment on abatement of weeds within said City, copies of which are posted on the bulletin board at the front door of the City Hall of the City of Cotati.
NOTICE IS FURTHER GIVEN that on _______, at the hour of ____ o’clock P.M. in the Council Chambers of said City Hall, said report and assessment list shall be presented to the City Council of said City for consideration and confirmation and that any and all persons interested having any objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place and be heard.
DATED: This ___ day of ______, 20 ___.
City Clerk
City of Cotati
(Ord. 894 § 2 Exh. A (part), 2020).
8.16.160 Hearing – Report and assessment.
At the time stated in the notice, the city council shall hear and consider all objections to the report and assessment. The council, by resolution, shall allow or overrule any or all objections to the report and assessment, and shall instruct the city clerk or city treasurer to cause the amount of the assessment to be entered on the assessment roll opposite the description of the particular property and provide that the sum shall be collected together with all other taxes thereon upon the same property. The council may modify the report if it is deemed necessary. The council shall then confirm the report by motion or resolution. (Ord. 894 § 2 Exh. A (part), 2020).
8.16.170 Collection.
Upon adoption of the resolution, as provided for in Section 8.16.160, the city clerk or city treasurer shall cause the amount of the assessment to be entered on the assessment roll opposite the description of the particular property, and the amount shall be collected together with all other taxes thereon upon the property. Thereafter, such amounts shall be collected at the same time and in the same manner as general city taxes are collected, and shall be subject to the same penalties and interest and the same procedure and sale in case of delinquency as provided for city taxes. All laws and ordinances applicable to the levy, collection and enforcement of city taxes are applicable to such special assessment. (Ord. 894 § 2 Exh. A (part), 2020).
8.16.180 Violations.
Any person, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter may be penalized or prosecuted using any available remedy in accordance with Chapter 1.20 (General Penalty) or any other remedy authorized by state law. (Ord. 894 § 2 Exh. A (part), 2020).