Chapter 5.30
HAZARDOUS VEGETATION AND DEFENSIBLE SPACE
Sections:
5.30.010 Conflict of ordinances.
5.30.040 Duty to remove and abate hazardous vegetation and combustible material.
5.30.060 Enforcement officials.
5.30.080 Enforcement procedure.
5.30.110 Penalty – Infraction.
5.30.120 Seasonal designation or reoccurring public nuisance.
5.30.130 Abatement and summary abatement.
5.30.005 Purpose.
This chapter shall be known as the “hazardous vegetation and defensible space ordinance.” The purpose of this chapter is to provide for the removal of hazardous vegetation and combustible materials situated in the incorporated areas of the city so as to reduce the potential for fire and to promote the safety and welfare of the community. (Ord. 1188 § 1)
5.30.010 Conflict of ordinances.
A. The operation of this chapter shall in no way change or diminish the application of other sections in this code dealing with like or similar matters.
B. In any case where a provision of this or any other chapter is found to be in conflict with a provision of any zoning, building, fire safety, or health ordinance or any other section of the code, including fines, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.
C. It is not intended by this chapter to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances or with private restrictions placed upon property by covenant, deed, or other private agreement. (Ord. 1188 § 1)
5.30.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section:
“Abate” or “abatement” shall mean an act used to remove, destroy, eliminate, seize, impound, or any action taken to mitigate a public nuisance.
“Abatement costs” means the cost of staff time based on weighted salary consisting of base pay plus benefits; actual cost of mobilization, removal, disposal, of waste, weeds, grasses, hazardous vegetation and combustible materials, and actual cost to repair or abate hazardous conditions.
“Accumulation of weeds, grasses, hazardous vegetation, and combustible materials” means allowing the growth or accumulation of weeds, grasses, hazardous vegetation and/or the accumulation of combustible materials as defined in this section.
“At-risk population facilities” means preschools, public and private primary and secondary schools, before and after school care centers with 12 or more students, daycare centers with 12 or more children, group homes, and assisted living residential or congregate care facilities with 12 or more residents.
“Biomass” shall mean all green waste material generated during a fuel treatment project. “Biomass” includes, without limitation, all grass, weeds, vegetation, and tree trimmings.
“City emphasis area” means an area designated by the city for focused, proactive inspections.
“Combustible material” means the accumulation of garbage, rubbish, waste, or material of any kind other than hazardous vegetation that is flammable and endangers the public safety by creating a fire hazard.
“Critical infrastructure” means a use or facility classified within one or more of the following categories: (1) essential services facilities, (2) at-risk populations facilities, (3) hazardous materials and solid waste facilities.
“Defensible space” means the buffer that responsible person(s) is/are required to create on their property between a structure and the plants, brush and trees or other items surrounding the structure that could ignite in the event of a fire.
“Enforcement official” means the fire chief of South Lake Tahoe fire rescue.
“Essential services facilities” means public safety, emergency response, emergency medical, designated emergency shelters, communications, public utility plant facilities and equipment, and government operations facilities.
“Fire chief” means the fire chief of South Lake Tahoe fire rescue.
“Fire hazard” shall mean any condition, arrangement, act, or omission which:
1. Increases or may cause an increase of hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing, or extinguishing fire; or
2. May obstruct, delay, hinder, or interfere with the operations of a fire department or the egress of occupants in the event of fire.
“Garbage” includes, but is not limited to, the following: waste resulting from the handling of edible foodstuffs or resulting from decay, and solid or semisolid putrescible waste, and all other mixed, nonrecyclable wastes which are generated in the day-to-day operation of any business, residential, governmental, public, or private activity, and may include paper, plastic, or other synthetic material, food, or beverage containers.
“Hardwood” generally indicates trees which have broad leaves – deciduous trees (such as oak, alder, dogwood, and madrone).
“Hazardous materials and solid waste facilities” means any facility that could, if adversely impacted, release hazardous materials or waste in sufficient amounts during a hazard event that would create harm to people, the environment and property.
“Hazardous vegetation” shall mean any vegetation that is combustible and endangers the public safety by creating a fire hazard. “Hazardous vegetation” includes material that in its natural state will readily ignite, burn, and transmit fire from native or landscape plants to any structure or other vegetation. “Hazardous vegetation” includes, but is not limited to, dry grass and leaves, brush, weeds, green waste, dead or dying trees, low-hanging branches, litter, or other flammable vegetation that creates a fire hazard. “Hazardous vegetation” shall not include a commercial agricultural crop that is being actively grown and managed by a responsible person.
“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.
“Ladder fuels” means fuels that can carry a fire vertically between or within combustible material or hazardous vegetation.
“Outbuilding” means a building that is less than 120 square feet in size and not used for human habitation. For purposes of this chapter, an outbuilding is not a structure.
“Responsible person(s)” means an owner, tenant, occupant, lessor, manager, licensee, political subdivision, local government agency or other person having control over a structure or parcel of land or, to the fullest extent allowed by law, the parent or legal guardian of any person under 18 years who has done any act for which a penalty may be imposed under this chapter, or any other person required to comply with the provisions of the code, and any other lien holder, secured party, or other person who has properly recorded a security interest or other appropriate document evidencing an interest in the property, which has been recorded in the official records of the county of El Dorado.
“Rubbish” includes, but is not limited to, nonputrescible wastes, such as paper, cardboard, grass clippings, tree or shrub trimmings, leaves and needles, wood chips used in landscaping or within five feet of a structure, bedding, crockery, rubber tires, construction waste and similar waste materials.
“Slash” means the woody debris remaining on the ground after fuels management work, including but not limited to treetops, branches, bark, chunks, cull logs, uprooted stumps, and uprooted trees.
“Softwood” means the wood from a conifer (such as pine, cedar, fir, or spruce) as distinguished from that of broadleaved trees.
“Structure” means buildings which qualify for occupancy classification and use designation per the city building code.
“Unimproved parcel” means 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.
“Vegetation” means plants considered collectively, especially those found in a particular area or habitat. For the purposes of this chapter any tree less than six inches in diameter is considered vegetation.
“Waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including residential, commercial, and municipal garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition debris, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, and other discarded solid wastes and semisolid wastes.
“Weeds” includes any of the following:
1. Weeds which bear seeds of a downy or wingy nature.
2. Weeds and grasses which attain such growth as to become, when dry, a fire menace to adjacent improved parcel.
3. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health.
4. Dry grass, stubble, brush, or other flammable vegetation which endangers the public safety by creating a fire hazard.
5. Vegetation that is not pruned or is otherwise neglected so as to attain such large growth as to become, when dry, a fire menace to adjacent property.
“Wildfire risk area” refers to lands that are covered with grass, grain, brush, or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon it would present an abnormally difficult job of suppression or would result in great or unusual damage through fire or such areas designated by the enforcement official. (Ord. 1188 § 1)
5.30.030 Prohibited conduct.
A responsible person shall not dump, nor permit the dumping of weeds, grasses, hazardous vegetation, refuse, or other combustible material, nor shall a responsible person permit the accumulation of weeds, grasses, hazardous vegetation, refuse, or other combustible material on that responsible person’s property or on any other property so as to constitute a fire hazard. (Ord. 1188 § 1)
5.30.040 Duty to remove and abate hazardous vegetation and combustible material.
A. Prior to the close of any real estate transaction subject to California Civil Code Section 1102.19 within the city, the seller of any real property shall obtain a defensible space inspection report from an enforcement official that the property is in compliance with this chapter and provide that report to the buyer at or before the close of escrow. If the property inspected is found not in compliance with this chapter the responsible person(s) will need to perform the necessary wildfire protection measures as specified within the inspection report and have the property inspected again prior to escrow or the buyer shall agree to achieve compliance within 120 days as specified in this chapter. If an enforcement official is unable to provide a defensible space inspection report at the time of escrow, the buyer shall request a report from an enforcement official stating the property is in compliance with this chapter within 120 days after the close of escrow, unless otherwise approved by the enforcement official. Nothing in this subsection, including the existence of an agreement between a buyer and a seller, shall limit the ability of the enforcement official to enforce the provisions of this chapter.
B. All persons who own, lease, control, operate or maintain any improved parcel(s) shall comply with the following requirements:
1. Maintain defensible space as described in California Code of Regulations Title 14, Division 1.5, Chapter 7, Subchapter 3, Section 1299.03, as amended, and as otherwise described by this chapter, which is adjacent to each side of a building or structure, but not beyond the property line except as provided in this chapter, and must be cleared of hazardous vegetation, or combustible material, as set forth in this chapter.
2. Consistent with hazardous vegetation and defensible space treatment objectives, steps should be taken to minimize erosion by maintaining a noncombustible perimeter around any structure in accordance with the following requirements:
a. Combustible materials, including woody vegetation, wooden borders for infiltration systems, or stored flammable items such as firewood and lumber, shall not be permitted near any structure, attached deck, stairs, and the area under any attached deck and stair landing in accordance with the distance requirements set forth in California Code of Regulations Title 14, Division 1.5, Chapter 7, Subchapter 3, Section 1299.03; California Government Code Sections 51182, 51186, and 51189; and California Public Resources Code Section 4291.
b. All organic materials, such as pine needles and woody vegetation, shall be routinely removed near any structure, attached deck, stairs, and the area under any attached deck and stair landing in accordance with the distance requirements set forth in California Code of Regulations Title 14, Division 1.5, Chapter 7, Subchapter 3, Section 1299.03; California Government Code Sections 51182, 51186, and 51189; and California Public Resources Code Section 4291.
c. Use rock or noncombustible mulch or well irrigated herbaceous vegetation to stabilize the soil within five feet of any structure, attached deck, stairs, and the area under any attached deck and stair landing.
d. Mature trees are permitted.
3. A greater clearance distance up to 300 feet shall be required when the inspection report by the enforcement official, and supported by the enforcement official, includes documented information that the clearing is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite the structure, and there is no other feasible mitigation measure possible to reduce the risk of ignition or spread of wildfire to the structure.
4. The responsible person(s) who perform hazardous vegetation management activities that remove or dispose of vegetation is required to comply with all federal, state, or local environmental protection laws and obtain permits when necessary. Environmental protection laws include, but are not limited to, threatened and endangered species, water quality, air quality, and cultural/archaeological resources.
5. When a structure is less than 100 feet from a property line and hazardous vegetation on an adjacent parcel presents a fire hazard for the structure the responsible person of the parcel where the fire hazard exists shall be responsible for removing the fire hazard in that area on that responsible person’s land when it is within 100 feet of the structure. 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 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 structure(s) is located.
6. The enforcement official may designate improved parcels and unimproved parcels adjacent to all roads and driveways as necessary for the safe ingress and egress to the area served by the road or emergency vehicle access and assess the current condition of fuels on the parcel as a fire hazard which must be treated or abated. Once such designation is made, the responsible person shall within a reasonable time ensure that such parcels comply with the following:
a. All vegetation along roads and driveways shall be maintained to an unobstructed vertical clearance height of no less than 15 feet to allow for the passage of emergency vehicles.
b. All ladder fuels shall be cleared to a minimum width of a 10-foot-wide strip of land beyond the road or driveway. Additional clearance width beyond 10 feet may be required by the enforcement official when documented information shows that the clearance is necessary to significantly reduce the risk of transmission of flame or heat that can obstruct the road or driveway.
C. Critical infrastructure sites shall comply with the following requirements:
1. Essential service and at-risk population structures and accessory buildings 120 square feet in size or larger that support the operations of the facility shall comply with this chapter.
2. Individual aboveground LP gas and flammable liquid storage tanks greater than 2,000 gallons water capacity shall comply with the following defensible space clearance requirements:
a. A minimum 50-foot clearance on all sides of the tank when the capacity is between 2,001 and 30,000 gallons.
b. A minimum 75-foot clearance on all sides of the tank when the capacity is between 30,001 and 70,000 gallons.
c. A minimum 100-foot clearance on all sides of the tank when the capacity exceeds 70,000 gallons.
d. Regardless of capacity storage tanks shall have 10 feet of clearance to bare mineral soil, or other approved noncombustible surface, and no hazardous vegetation underneath and around the immediate exterior of the tank.
e. Storage tanks shall comply with the defensible space requirements described in this chapter between 10 feet and 100 feet of the tank exterior.
3. Lumber yards, agro-industrial, solid waste and woodworking facilities subject to the requirements found in California Fire Code Chapter 28 shall comply with the following defensible space clearance requirements:
a. The storage of wood chips, hogged materials, fines, compost, solid biomass, feedstock and waste, agro-industrial and recycle facilities, with individual storage piles greater than 2,500 cubic feet in size, shall comply with the defensible space requirements found in this chapter. Storage piles shall be separated a minimum of 30 feet.
b. Cold decks of unfinished logs, and exterior finished lumber storage areas, greater than 8,333 cubic feet in size, shall comply with the defensible space clearance requirements found in this chapter when they are in use for greater than 180 calendar days. Storage piles shall be separated a minimum of 100 feet.
4. Freestanding photovoltaic systems and equipment shall comply with the defensible space clearance requirements:
a. A minimum 10-foot clearance to bare mineral soil, or other approved noncombustible surface, for clusters of panels not exceeding 1,500 square feet of combined panel area.
b. A minimum 30-foot clearance to bare mineral soil, or other approved noncombustible surface, for clusters of panels greater than 1,500 square feet of combined panel area.
c. Clusters shall be separated a minimum of 20 feet.
5. Telecommunication facilities determined by the enforcement official to serve as a critical infrastructure site during an emergency shall comply with the following defensible space clearance requirements:
a. A minimum 30-foot clearance for telecommunication towers.
b. A minimum 100-foot clearance as described in this chapter around accessory buildings 120 square feet in size or larger that support the operations of the facility.
6. Public and private water distribution system storage tanks and pumping facilities shall have a minimum 30 feet of clearance from hazardous vegetation around and adjacent to such facilities as described in this chapter.
7. The minimum clearance requirements described in this section may be modified by the enforcement official when topographical, environmental, and hazardous vegetation conditions present on the parcel limit the ability of the responsible party to fully comply with this chapter.
8. For the purpose of applying this section the defensible space clearance requirements described do not extend beyond the property line when the responsible party does not own the adjoining parcel of land, except as set forth in subsection (B)(5) of this section. (Ord. 1188 § 1)
5.30.050 Violation.
A. Any responsible person who violates a provision of this chapter or fails to comply therewith or with any of the requirements thereof shall be subject to remedies available under this chapter and/or state law, including administrative citations under Chapter 2.30 SLTCC. Whenever in this code any act or omission is made unlawful, it shall include causing, maintaining, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
B. The imposition of any fines prescribed herein shall not preclude abatement of any violation enforced through this chapter by the enforcement official or institution of any other civil or criminal legal proceedings.
C. Nothing in this chapter shall be interpreted to preclude an enforcement official from informally encouraging compliance with this code or other applicable laws.
Informal oral or written requests to encourage compliance are encouraged, as are attempts to informally negotiate or mediate issues relating to compliance. (Ord. 1188 § 1)
5.30.060 Enforcement officials.
The enforcement official shall have the authority and powers necessary to determine whether an administrative violation of the code exists and the authority to take appropriate action to gain compliance with the provisions of the code. The enforcement official shall further have authority to issue notices and orders, the power to inspect public and private property, recommend abatement, and use the administrative remedies that are available under the code. (Ord. 1188 § 1)
5.30.070 Inspection.
An enforcement official, or personnel acting under their direction, may enter upon private or public property whenever necessary to enforce or administer the provisions of this chapter pursuant to an inspection warrant issued under California Code of Civil Procedure Section 1822.50 et seq. or with consent of a responsible person legally authorized to provide such consent. (Ord. 1188 § 1)
5.30.080 Enforcement procedure.
A. Initial Notice of Duty to Remove and Abate Waste, Hazardous Vegetation and Combustible Material.
1. The enforcement official may mail written notice to any owner citywide when inspection of the parcel reveals a violation of this chapter, or when a complaint alleging violation(s) of this chapter is received by the enforcement official, stating that all waste, hazardous vegetation and combustible material located on such parcel must be removed and/or abated as specified in SLTCC 5.30.040 on or before the date specified in such notice.
B. Notice of Violation and Order to Correct.
1. The enforcement official may commence proceedings to enforce the provisions of this chapter when a violation is identified due to the failure of a responsible person for a parcel to remove and abate all waste, hazardous vegetation and combustible material as required pursuant to this chapter.
2. Enforcement proceedings are commenced by the mailing of a notice of violation and order to correct in the manner prescribed as follows: the enforcement official shall mail the notice of violation and order to correct to each owner of the parcel as determined based on the last equalized assessment roll available on the date of mailing of the hazard abatement notice, to which the violation pertains. Notification may also be accomplished by posting the notice of violation and order to correct on the property if the owner’s mailing address is not available or not current.
3. The contents of the notice of violation and order to correct shall include the following:
a. A description of the property by reference to the assessor’s parcel number as used in the records of the county assessor, and by reference to the common name of a street or road upon which the property abuts, if the property abuts upon a road or street;
b. A statement that there are hazardous vegetation, combustible materials, or other fire hazard condition upon the property that must be abated;
c. A request that such hazardous vegetation, and/or combustible materials be removed or abated by the date specified in the notice, which shall be no less than 15 calendar days following the mailing or posting of the notice;
d. A statement that if such hazardous vegetation, and/or combustible materials are not removed or abated by the property owner by the specified date that such materials may be removed under authority of the city, and the costs of such removal and abatement may be made a legal charge against the owner or owners of the property, a lien imposed on and recorded against the property in the amount of such costs, and such costs referred to the county auditor for collection together with property taxes on such property pursuant to the provisions of California Government Code Sections 39501 through 39588;
e. A statement referencing the right of the property owner to appeal the issuance of the notice pursuant to SLTCC 5.30.100;
f. With respect to notices which are posted, a title which reads “Notice of Violation and Order to Correct to Remove Weeds, Grass, Hazardous Vegetation, Waste and/or Other Combustible Materials,” the letters of the foregoing title to be not less than one inch in height;
g. Notices which are posted shall be conspicuously posted in front of the property, or if the property has no frontage upon a road or street, then upon a portion of the property nearest to a road or a street most likely to give actual notice to the owner. Notices shall be posted not more than 100 feet in distance apart upon property with more than 200 feet of frontage, and at least one notice shall be posted on each parcel with 200 or less feet of frontage;
h. Such notice also will be sent by certified mail to the property owner of such parcel as her or his name appears on the last equalized assessment roll and to the address shown on such assessment roll. (Ord. 1188 § 1)
5.30.090 Service of notices.
Whenever a notice is required to be given under this chapter and unless specifically provided otherwise, it shall be served pursuant to the process set out in SLTCC 4.40.080 et seq. (Ord. 1188 § 1)
5.30.100 Appeals procedure.
Any person or entity who is adversely affected by the notice of violation and order to correct specified in SLTCC 5.30.080 may appeal such notice to the enforcement official within 20 calendar days of the postmark on the hazard abatement notice by filing a written appeal with the enforcement official. Timely appeal shall stay any further action for removal or abatement until the date set for hearing, unless the weeds, hazardous vegetation, waste, or combustible material at issue presents an imminent fire hazard within 100 feet of any structure. The enforcement official shall set the matter for hearing before a hearing officer. The enforcement official shall notify the appellant by certified mail of the date and time set for such hearing, at least 15 days prior to said date. If the appellant resides outside the city, such notice of hearing shall be mailed to the appellant at least 20 days prior to the date set for the hearing. The hearing shall be conducted in accordance with the procedures set forth in SLTCC 4.40.090 et seq. (Ord. 1188 § 1)
5.30.110 Penalty – Infraction.
A. Notwithstanding the provisions of any other section of this code, violation of any of the provisions of this chapter, or failure to comply with any of the regulatory requirements of this chapter, is an infraction.
B. Payment of the fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city. (Ord. 1188 § 1)
5.30.120 Seasonal designation or reoccurring public nuisance.
In the case of a parcel containing a fire hazard where it has been necessary for the city to abate the nuisance in two consecutive years, and the fire hazard is seasonal or recurring, the city declares such a parcel to be a seasonal public nuisance. As to such parcels constituting a seasonal public nuisance, the enforcement official or her/his designee may mail notice to the responsible person(s) of the property at the address that appears upon the current assessment roll. If the nuisance is not abated by the responsible person(s) within the time specified, the city may proceed to abate the property and recover costs for doing so. (Ord. 1188 § 1)
5.30.130 Abatement and summary abatement.
Any condition caused, maintained, or permitted to exist in violation of any provisions of this code may be abated by the city pursuant to the procedures set forth in Chapter 4.40 SLTCC. (Ord. 1188 § 1)