Chapter 8.76
DEFENSIBLE SPACE, VEGETATION MANAGEMENT AND WASTE ACCUMULATIONS
Sections:
8.76.030 Defensible space – Highly flammable chaparral vegetation.
8.76.035 Vegetation management – Weeds and dry grasses.
8.76.050 Notice to clean premises.
8.76.060 Service of notice to clean premises.
8.76.080 Time limit for abatement of nuisance.
8.76.090 Abatement of nuisance by Director of Development Services or Fire Marshal.
8.76.100 Obligation of City Clerk.
8.76.110 Hearing before City Council.
8.76.120 Payment prior to hearing.
8.76.130 Government Code provisions adopted, and collection of assessments.
8.76.010 Purpose and intent.
The City of Poway is at serious risk of wildfire due to its terrain, with steep mountainous slopes and valleys; a warm, dry climate; and highly flammable chaparral vegetation. For this reason, a comprehensive strategy for reducing the risk of wildfire is necessary. This strategy includes the creation of defensible space by clearing highly flammable chaparral vegetation around structures, and the Vegetation Management Program, involving the removal of weeds and dry grasses from private property.
The public health and safety are also threatened by the accumulation of waste material that is left out in the open, such as rubbish, crates, cartons, metal and glass containers, and vehicle bodies and parts. This chapter also provides for the abatement of accumulated waste material that has been determined to be a public nuisance.
The portions of this chapter related to defensible space shall be interpreted and implemented in a manner consistent with the City’s Wildfire Defensible Space Program Policy. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 818 § 1, 2018; Ord. 677 § 2, 2008; Ord. 41 § 2, 1981; Ord. 29 § 1, 1981; CC § 35.403)
8.76.015 Definitions.
For purposes of this chapter, the words set out in this section shall have the following meanings:
“Clearing,” “brushing” or “grubbing” means the complete removal of vegetation to bare soil and is not a permitted activity to comply with the requirements of this chapter.
“Defensible space” means an area that is either natural or manmade, where material capable of allowing a fire to spread unchecked has been treated or modified to slow the rate and intensity of an advancing wildfire, and to allow an area for fire suppression operations. Defensible space does not require clearing, brushing, grubbing, grading or the exposure of bare soil.
“Director of Development Services” means the Director of Development Services or his or her designee.
“Fire Marshal” means the Fire Marshal or his or her designee.
“Fuel, light” means vegetation consisting of herbaceous plants and round wood less than one-quarter inch in diameter. Light fuels include, but are not limited to, western grasslands vegetated by annual or perennial grasses and/or weeds.
“Heritage tree” means any mature tree or mature stand of trees designated by the City Council as having historic or cultural significance.
“Highly flammable chaparral vegetation” means species that provide large fuel loads such as sumac, scrub oak, chamise, and sage. It does not include low-fuel-load species such as toyon, yucca, lemonade berry, and other similar types of plants.
“Structure” means any of the following: (1) buildings designed primarily for human use, including attached structures such as garages; or (2) buildings designed to house large animals. “Structure” does not include sheds, storage buildings, or detached garages that are not designed for human use or the housing of large animals.
“Thinning” means the reduction of fuel by methods such as mowing and trimming that leave the plant root intact to stabilize the soil. Thinning includes the cutting of highly flammable chaparral species to within six to 12 inches of the soil.
“Waste material” means unused or discarded matter having no substantial market value, which is exposed to the elements and is not enclosed in any structure or otherwise concealed from public view, and which consists, without limitation or exclusion by enumeration, of such matter and material as:
1. Rubble, asphalt, concrete, plaster, tile;
2. Rubbish, crates, cartons, metal and glass containers;
3. Vehicle bodies and parts. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 677 § 3, 2008)
8.76.020 Discretion.
Where discretion is given in this chapter to determine a public nuisance or reasonable probability thereof or any material question of fact raised in this chapter, that discretion shall lie with the Director of Development Services or Fire Marshal. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 677 § 4, 2008; Ord. 518, 1999; Ord. 457 § 2(B), 1996; Ord. 41 § 2, 1981; Ord. 29 § 1, 1981; CC § 35.414)
8.76.030 Defensible space – Highly flammable chaparral vegetation.
A. Declaration of Nuisance. All highly flammable chaparral vegetation, and dead or dying trees or shrubs, growing upon the streets, sidewalks, or upon private property within the City, which by reason of their size, manner of growth, and location constitute a fire hazard to any structure, improvements, crops or other property, are declared by this chapter to be a public nuisance. A dead or dying tree or shrub shall not be classified as a public nuisance unless the tree or shrub is in a condition that constitutes a fire hazard.
B. Nuisance Per Se. Any vegetation of a type described in subsection A of this section that is located within 100 feet of a structure shall constitute a public nuisance per se.
C. Exceptions. The following types of vegetation shall not be subject to reduction or removal pursuant to this chapter:
1. Low-flammability plant species, including but not limited to toyon, yucca, and lemonade berry.
2. Ornamental landscaping.
3. Heritage trees.
4. Vegetation within streambeds, banks, and vernal pools.
D. Reduction or Removal of Highly Flammable Chaparral Vegetation.
1. All vegetation which constitutes a public nuisance pursuant to this section shall be reduced or removed as determined necessary by the Director of Development Services or Fire Marshal. Highly flammable chaparral vegetation shall be reduced only by thinning, and not by clearing, brushing, grubbing or grading.
2. In the case of light fuel vegetation which is located on a slope of less than 40 percent, the Fire Marshal may require a defensible space area of less than 100 feet from a structure. However, in no case shall the required defensible space area be less than 50 feet from a structure.
3. In the case of vegetation that is within a recorded biological conservation easement, any habitat that is required to be removed pursuant to this chapter shall be mitigated in kind by the property owner at a 1:1 ratio. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 677 § 5, 2008; Ord. 518, 1999; Ord. 457 § 2(B), 1996; Ord. 41 § 2, 1981; Ord. 29 § 1, 1981; CC § 35.401)
8.76.035 Vegetation management – Weeds and dry grasses.
A. All weeds, dry grasses, dead shrubs, dead or dying trees, rubbish, or any material growing upon the streets, sidewalks, or upon private property within the City, which bear seeds of a wingy or downy nature or which by reason of their size, manner of growth, and location constitute a fire hazard to any buildings, improvements, crops or other property, and weeds and grasses which, when dry, will in reasonable probability constitute such a fire hazard, are declared by this chapter to be a public nuisance.
B. Cultivated and useful grasses and pasture will not be declared a public nuisance. However, if the Director of Development Services or Fire Marshal determines it necessary to protect adjacent improved property from fire exposure, vegetative management may be required. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 677 § 6, 2008)
8.76.040 Waste matter.
Waste matter as defined in this chapter, which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, or which would materially hamper or interfere with the prevention or suppression of fire upon the premises, or the abatement of a nuisance, is declared a public nuisance. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 677 § 7, 2008; Ord. 41 § 2, 1981; Ord. 29 § 1, 1981; CC § 35.402)
8.76.050 Notice to clean premises.
If it is determined that a public nuisance, as defined in this chapter, exists on any lot or premises, or upon any sidewalk, parking lot or street adjacent to such lot or premises, the Director of Development Services or Fire Marshal shall cause a notice to be issued to abate such nuisance. Such notice shall be headed:
NOTICE TO CLEAN PREMISES
in letters not less than one inch in height and which shall, in legible characters, direct the abatement of the nuisance and refer to this chapter and section for particulars. Notices served by means of other than posting as provided by this chapter shall contain a description of the property in general terms reasonably sufficient to identify the location of the nuisance. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 677 § 8, 2008; Ord. 518, 1999; amended during 8/96 supplement; Ord. 457 § 2(B), 1996; Ord. 97 § 1, 1983; Ord. 46 § 1, 1981; Ord. 41 § 2, 1981; Ord. 29 § 1, 1981; CC § 35.404)
8.76.060 Service of notice to clean premises.
The notice required by PMC 8.76.050 may be served in any of the following manners:
A. By personal service on the owner, occupant or person in charge or control of the property or by posting the property;
B. By regular mail addressed to the owner or person in charge and control of the property, at the address shown on the last available assessment roll, or as otherwise known;
C. By posting at a conspicuous place on the land or abutting public right-of-way and insertion of an advertisement at least once a week for the period of two weeks in a newspaper of general circulation in the City. Said newspaper advertisement shall be a general notice that property in the City has been posted in accordance with this chapter and contain a general statement of the effect of such postings. The date of such newspaper advertisements shall not be considered in computing the appeal periods provided by this chapter. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 41 § 2, 1981; Ord. 29 § 1, 1981; CC § 35.405)
8.76.080 Time limit for abatement of nuisance.
It shall be the duty of the owner, the agent of the owner, or the person in possession of any lot or premises in the City to abate the nuisance within the time frame set forth in the notice. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 677 § 9, 2008; Ord. 482 § 2(A), 1997; Ord. 41 § 2, 1981; Ord. 29 § 1, 1981; CC § 35.407)
8.76.090 Abatement of nuisance by Director of Development Services or Fire Marshal.
If the owner, agent of the owner, or the person in possession of the lot or premises fails or neglects to abate the nuisance as defined in this chapter, within the time specified in this chapter, the Director of Development Services or Fire Marshal shall cause such nuisance to be abated. The abatement work may be done by City crews or by private contractor. A report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the City Council. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 677 § 10, 2008; Ord. 518, 1999; Ord. 457 § 2(B), 1996; Ord. 41 § 2, 1981; Ord. 29 § 1, 1981; CC § 35.408)
8.76.100 Obligation of City Clerk.
The City Clerk shall thereupon set the report and account for hearing by the City Council at the first regular or adjourned meeting which will be held at least seven and no more than 30 calendar days after the date of filing, and shall post a copy of said report and account and notice of the time and place of hearing in a conspicuous place at or near the entrance of City Hall. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 677 § 11, 2008; Ord. 41 § 2, 1981; Ord. 29 § 1, 1981; CC § 35.409)
8.76.110 Hearing before City Council.
The City Council shall consider the report and account at the time set for hearing, together with any written objections or protests by any owner or authorized agent of the property. Any owner of land or person interested therein may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the City Council shall either approve the report and account as submitted, or as modified or corrected by the City Council. The amounts so approved shall be liens or special assessments upon the respective lots or premises, and the City Council shall adopt a resolution assessing said amounts as liens or assessments upon the respective parcels of land as they are shown upon the last available assessment roll, and determining that such vegetation and/or waste matter constitute a public nuisance. The City Clerk shall prepare and file with the County Assessor a certified copy of such resolution of the City Council. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 677 § 12, 2008; Ord. 482 § 2(B), 1997; Ord. 41 § 2, 1981; Ord. 29 § 1, 1981; CC § 35.410)
8.76.120 Payment prior to hearing.
The City Clerk may accept payment of any amount due at any time prior to the City Council hearing, as called for in PMC 8.76.110. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 41 § 2, 1981; Ord. 29 § 1, 1981; CC § 35.411)
8.76.130 Government Code provisions adopted, and collection of assessments.
The provisions of Sections 39580 through 39586, inclusive, of the Government Code of the State, and any amendments thereto, are incorporated by reference and made a part of this chapter. The County Auditor shall enter each assessment in the County tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes; and, if delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale as is provided for ordinary municipal taxes. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 677 § 13, 2008; Ord. 41 § 2, 1981; Ord. 29 § 1, 1981; CC § 35.412)