Chapter 8.16
REMOVAL OF VEGETATIVE GROWTH AND/OR REFUSE*
Sections:
8.16.030 Vegetative Growth and/or Refuse Are Public Nuisances
8.16.040 Clearance of Vegetative Growth
8.16.070 Notice to Destroy or Remove Vegetative Growth and/or Refuse
8.16.090 Hearing of Objections
8.16.100 Order to Abate Nuisance
8.16.110 Destruction and Removal of Vegetative Growth and/or Refuse by City
8.16.130 Account and Report of Cost of Abatement
8.16.140 Notice of Report and Hearing
8.16.150 Hearing of Report--Modification--Confirmation of Report
8.16.160 Report to Assessor and Tax Collector--Filing Copy of Report with County Auditor
8.16.170 Collection of Assessment--Penalties and Procedures for Foreclosure
* Prior legislation: Ords. 70 and 500.
8.16.010 Generally.
Whenever the fire chief or authorized representative shall find vegetative growth and/or refuse as defined in this chapter, or other hazardous waste, vegetation, weeds or rubbish as described in section 304 of the California Fire Code or sections 39560 through 39588 of the California Government Code, he or she shall have cause to give to the owner of said property a notice to remove such vegetative growth, refuse, or other material which may constitute a hazard, and thereafter abate such nuisance in the manner hereinafter provided. (Ord. 545 §1(part), 2020).
8.16.020 Definitions.
The following words, when used in this chapter, shall be defined as follows unless otherwise indicated:
"City" means the city of Greenfield.
"Council" means city council of the city.
"Drainage" means any ditch, culvert, and/or pipe used as a means of public drainage or drainage control.
"Fire chief" means the fire chief or authorized representative of the fire chief.
"Hazards" means any other hazardous waste, vegetation, weeds or rubbish as described in section 304 of the California Fire Code or sections 39560 through 39588 of the California Government Code, which is or may become a fire hazard or a health and safety hazard.
"Noxious weeds" means dry flammable grass or stubble greater than four inches (4") in height.
"Property" means and include lands, lots, drainage structures, drainage ways, and/or drainage easements.
"Refuse" means waste matter, appliances, abandoned automobiles, junk, litter, trash, debris, dirt, cut vegetative growth, dead trees which threaten structures or streets, tin cans, paper, waste material of every kind, or other unsanitary substance, object, or condition which is, or when dry may become, a fire hazard, or which is or may become a menace to health, safety, or welfare.
"Street" means public streets, alleys, parkways, sidewalks, and areas between sidewalks and curbs.
"Vegetative growth" means flammable vegetation and combustible growth. (Ord. 545 §1(part), 2020).
8.16.030 Vegetative Growth and/or Refuse Are Public Nuisances.
The city council may declare, by resolution in accordance with Sections 39560 through 39588 of the Government Code, that vegetative growth, refuse, or hazards as described in section 8.16.010, upon or in front of private property to the center line of adjoining streets in the city, are public nuisances. After passage of such resolution, the fire chief shall cause notices to be conspicuously posted pursuant to Government Code section 39564.
Also, it is unlawful for any property owner in the city to cause or permit any vegetative growth, refuse, or hazards, as described in this chapter, to remain on any real property in the city or on portions of streets adjoining such real property to the centerline of such streets. It shall be the duty of every such person to destroy such vegetative growth and remove or destroy such refuse and hazards. The city council may also declare vegetative growth as seasonal and recurring nuisances. (Ord. 545 §1(part), 2020).
8.16.040 Clearance of Vegetative Growth.
Any person owning property in the city shall:
A. Maintain around structures a firebreak made by removing and clearing away, for a distance of not less than thirty feet (30') on each side thereof or to the property line, whichever is nearer, all flammable vegetation or combustible growth. This subsection does not apply to single specimens of trees, ornamental shrubbery, or similar plants that are used as groundcover, if they do not form a means of rapidly transmitting fire from the native growth to any building or structure.
B. Mow dry noxious weeds which are located within one hundred (100') feet of any building or structure, or to the property line, whichever is nearer.
C. Mow dry noxious weeds fifty feet (50') from the edge of improved roadways, fifty feet (50') from each property line, and ten feet (10') on each side of driveways.
D. Remove that portion of any tree that extends within ten (10') feet of the outlet of any chimney or stovepipe.
E. Maintain any tree adjacent to or overhanging any building free of dead wood.
F. Provide and maintain at all times a screen over the outlet of every chimney or stovepipe that is attached to any fireplace, stove, or other device that burns any solid or liquid fuel. The screen shall be constructed of nonflammable material with openings of not more than one-half inch (1/2") in size. (Ord. 545 §1(part), 2020).
8.16.050 Exemptions.
An exemption from this chapter shall apply to any land beyond fifty feet (50') from improved streets, as declared by the city, state or federal government, which has been acquired or is managed, for one or more of the following purposes:
A. Animal pastures and agricultural fields growing hay or grains. The interior portion of fenced pastures where the quantity of livestock significantly reduces the vegetative growth, therefore bringing the parcel into compliance. Agricultural fields must be cut at harvest time. Uncut hay and grain are subject to abatement;
B. Habitat for endangered or threatened species, or any species that is a candidate for listing as an endangered or threatened species by the state of California or federal government;
C. Land kept in a predominantly natural state as habitat for wildlife, plant, or animal communities;
D. Open space lands that are environmentally sensitive parklands;
E. Other lands having scenic values.
Abatement requirements shall remain in effect in waterways where flood preparation measures and emergency flood control mitigation are necessary.
1. This exemption applies whether the land or water are held in fee title or any lesser interest. This exemption applies to any public agency, and private entity that has dedicated the land or water areas to one or more of those purposes or uses, or any combination of public agencies and private entities making that decision.
2. This section shall not be construed to prohibit the use of properly authorized prescribed burning to improve the biological function of land or to assist in the restoration of desired vegetation.
3. In the event that any lands adjacent to land or water areas, as described above, are improved such that they are subject to this chapter, the obligation to comply shall be with the person owning, leasing, controlling, operating or maintaining the occupied dwelling or occupied structure on the improved lands. All maintenance, activities and other fire prevention measures required shall be required only for the improved land and water areas as described above. (Ord. 545 §1(part), 2020).
8.16.060 Drainage.
With the permission of the permitting agencies with jurisdiction over the area in question, any drainage shall be cleaned and maintained in a manner that does not restrict the natural or engineered flow of water. (Ord. 545 §1(part), 2020).
8.16.070 Notice to Destroy or Remove Vegetative Growth and/or Refuse.
In the event the person or persons owning, occupying, renting, managing, or controlling any real property in the city shall fail to remove therefrom and from the portions of streets adjoining such property all vegetative growth, refuse, or hazards as described in section 8.16.010 in accordance with the provisions of this chapter, it shall be the duty of the fire chief or authorized representatives to notify such person(s) to destroy and/or remove the same.
The city council may direct the city clerk, in accordance with section 39567.1 of the Government Code, to mail written notice of the proposed abatement to all persons owning property described in the resolution. The city clerk shall cause such written notice to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the city council. The address of the owner(s) shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. Such notice shall be mailed at least fourteen (14) days prior to the time fixed for hearing objections by the city council. (Ord. 545 §1(part), 2020).
8.16.080 Form of Notice.
The notice shall be substantially in the following form:
NOTICE TO DESTROY
VEGETATIVE GROWTH AND/OR REMOVE REFUSE
Notice is hereby given on the 24th day of March, 2020, the City Council passed a resolution declaring that (insert the appropriate hazard: noxious weeds, vegetative growth, refuse, etc.) constitute a (insert the appropriate term: fire hazard, or health and safety hazard) which must be abated by the (insert the appropriate phrase: cutting of said noxious weeds, or removal of said health and safety hazard). If the owner does not abate the hazard it will be abated by the City and the cost of the removal assessed upon the County property tax bill, and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars and Ordinance No. 545. 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 hazard are hereby notified to attend a meeting of the City Council of the City of Greenfield to be held ________, when their objections will be heard and given due consideration.
Dated this day of ________, 20____.
______________________
Fire Chief
City of Greenfield.
(Ord. 545 §1(part), 2020).
8.16.090 Hearing of Objections.
At the time stated in the notices, the council shall hear and consider all objections to the proposed removal of vegetative growth and/or refuse.
At the conclusion of the hearing, the council shall allow or overrule any objections. At that time, the city acquires jurisdiction to proceed and perform the work of abatement. The decision of the council is final. (Ord. 545 §1(part), 2020).
8.16.100 Order to Abate Nuisance.
If objections have not been made or after the council has disposed of those made, it shall order the fire chief or his or her authorized representative to abate the nuisance(s). (Ord. 545 §1(part), 2020).
8.16.110 Destruction and Removal of Vegetative Growth and/or Refuse by City.
In the event the person or persons owning, occupying, renting, managing, or controlling real property in the city shall fail to remove or destroy vegetative growth, refuse, and/or hazards, in accordance with provisions of this chapter within ten (10) calendar days after the hearing of objections an order to abate nuisance, it shall be the duty of the fire chief and his or her deputies, assistants, employees, contracting agent, or other representatives to destroy or remove such vegetative growth, refuse, and/or hazards. They are expressly authorized to enter upon private property for such purpose. It is unlawful for any person to interfere, hinder, or refuse to allow them to enter upon private property for the purpose(s) to destroy or remove vegetative growth, refuse, and/or hazards, in accordance with the provisions of this chapter. (Ord. 545 §1(part), 2020).
8.16.120 Owner Removal.
Before the fire chief or authorized designee arrives to abate a nuisance, any person owning, occupying, renting, managing, leasing, or controlling the property may remove the vegetative growth, refuse, or hazards at the owner’s expense. Nonetheless, in any case which an order to abate is issued, the city council by motion or resolution may further order that a special assessment and lien may be imposed pursuant to Government Code section 39577. In that case the assessment and lien shall be limited to the costs incurred by the city in enforcing abatement on the property, including investigation, boundary determination, measurement, clerical, and other related costs. (Ord. 545 §1(part), 2020).
8.16.130 Account and Report of Cost of Abatement.
The fire chief or authorized representatives shall keep an account of the cost of abatement for each separate lot or parcel of land. He or she shall submit such itemized written report showing such cost to the council for confirmation. Such report shall refer to each separate lot or parcel of land by description sufficiently reasonable to identify the same, together with the expense proposed to be assessed against it, which shall include charges sufficient to pay for the administrative costs of the program. (Ord. 545 §1(part), 2020).
8.16.140 Notice of Report and Hearing.
The city clerk shall make available a copy of such report and assessment list at his or her office together with the notice of the filing thereof and of the time and place when and where it will be submitted to the council for hearing and confirmation. The copy shall be available for at least five (5) calendar days prior to the submission of the council. (Ord. 545 §1(part), 2020).
8.16.150 Hearing of Report--Modification--Confirmation of Report.
At the time and place fixed for receiving and considering the report, the council shall hear the same, together with any protests or objections of the property owners liable to be assessed for the abatement. Upon the conclusion of such hearing, the council shall then confirm the report by motion and the amount thereof shall constitute a lien on the property assessed until paid. The confirmation of the assessment by the council shall be final and conclusive. (Ord. 545 §1(part), 2020).
8.16.160 Report to Assessor and Tax Collector--Filing Copy of Report with County Auditor.
A certified copy of the report shall be filed with the county auditor on or before August 10th of each year for entry of such assessment on the county tax roll. In the event the report cannot be prepared in time for the county auditor to enter the assessment on the next immediate tax roll, the certified copy may be filed with the county auditor any time before August 10th of the succeeding year. (Ord. 545 §1(part), 2020).
8.16.170 Collection of Assessment--Penalties and Procedures for Foreclosure.
The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal taxes. (Ord. 545 §1(part), 2020).