CHAPTER 31. SQF COMPLEX FIRE DISASTER RECOVERY

ARTICLE 1. GENERAL

4-31-1000 TITLE:

This chapter shall be known as the SQF Complex Fire Disaster Recovery Ordinance.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-1100 PURPOSE:

This chapter is enacted for the purpose of modifying and temporarily suspending various county housing, permitting and health and safety provisions and policies, to expedite recovery and rebuilding from the SQF Complex Fire and to ensure that displaced persons are housed in safe, healthy, and habitable housing during the recovery period.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-1200 EFFECTIVE DATE:

This chapter is intended to protect the public safety, health, and welfare pursuant to subdivision (d) of Government Code section 25123, and pursuant to Government Code section 25131 shall be in full force and effect immediately upon approval by a four-fifths (4/5) vote of the Board of Supervisors.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-1300 CONFLICTS WITH OTHER LAWS AND REGULATIONS:

(a)    Tulare County Civil Defense and Disaster Ordinance. In the event of any conflict between the provisions of this chapter and Part I, Chapter 15 of this Ordinance Code, the provisions of this chapter shall control.

(b)    Additional Laws or Regulations. This chapter is not intended and shall not be interpreted to conflict with the laws or Constitution of the State of California.

(c)    Nothing in this chapter is intended to supersede or suspend regulatory requirements or authority of the State Department of Housing and Community Development to regulate residential use of recreational vehicles as special occupancy parks or otherwise, except as such provisions may be suspended or modified by state law, executive order or emergency proclamation by the governor.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-1400 DEFINITIONS:

This section provides definitions of terms and phrases used in this chapter that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other provisions of this Ordinance Code, then these definitions shall control solely for the purposes of this chapter.

(a)    "Alternative Program" means the requirements for inspections, clean up, and disposal established by the County of Tulare for property owners that opt out of or are ineligible for the OES Program.

(b)    "Board" or "Board of Supervisors" means the Board of Supervisors of the County of Tulare.

(b)    "Burn area(s)" means the land contained within the perimeter of the SQF Complex Fire as mapped by CALFIRE.

(c)    "Building Official" means the Director of the Tulare County Resource Management Agency or his or her designee.

(d)    "CALFIRE" means the California Department of Forestry and Fire Protection or successor agency.

(e)    "CalOES" means the California Governor’s Office of Emergency Services or successor agency.

(f)    "Cargo storage container" means a single metal box made of steel or other similar material, which is designed for securing and protecting items for temporary storage, not exceeding three hundred twenty (320) square feet in size, without utilities, and not used for human habitation.

(g)    "Displaced person(s)" means a county resident or residents, whose residential dwelling has been destroyed or damaged by the SQF Complex Fire, such that the resident(s) cannot occupy the dwelling. Displaced person(s) may be required to provide verification to the County to substantiate their eligibility for uses, permits and/or approvals described in this chapter. Evidence may consist of verification by FEMA registration or damage assessment, and/or a driver’s license or other government-issued identification card or utility bill, or the like, with a physical address showing the resident resided on a legal parcel impacted by the SQF Complex Fire, as determined by the County. Such determination may be made by the RMA Director.

(h)    "Effective date" means the date of adoption of this chapter by the Board of Supervisors.

(i)    "FEMA" means the Federal Emergency Management Agency or successor agency.

(j)    "Fire-damaged lot" or "fire-damaged parcel" means a lot or parcel, as defined in Chapter 2 of Ordinance No. 352 that, as of August 28, 2020, contained a previously established residence that was damaged or destroyed by the SQF Complex Fire.

(k)    "Permitted or legal nonconforming structure" means that the structure was either built with a building permit issued by the County or was a structure that existed prior to the County requiring building permits (a legal nonconforming structure).

(l)    "Manufactured home" means, for purposes of this chapter only, either a structure as defined in Ordinance No. 352, Section 2 ("Definitions"), provided that the structure is not placed on a permanent perimeter foundation. "Manufactured home" may also include any type of temporary housing provided by, or authorized for use, by FEMA for housing related to recovery from the SQF Complex Fire, including, but not limited to, manufactured housing, park model homes, and other similar types of temporary housing.

(m)    "Mobile home" means, for purposes of this chapter only, a structure as defined in Ordinance No. 352, Section 2 ("Definitions").

(n)    "OES Program" means, for purposes of this chapter only, the Consolidated Debris Removal Program operated by the California Office of Emergency Services for the SQF Complex Fire in conjunction with other state and federal agencies.

(o)    "Phase I" means, for purposes of this chapter only, the hazardous waste cleanup performed by the California Department of Toxic Substances Control on certain properties impacted by the SQF Complex Fire, commencing on or about November 3, 2020.

(p)    "Phase II" means, for purposes of this chapter only, the ash and debris cleanup work performed pursuant to the OES Program and/or the Alternative Program under this chapter.

(q)    "Qualifying structure" means, for purposes of this chapter only, destroyed residential houses, residential houses with significant damage, occupant-owned manufactured housing units and where the residence is not damaged, a cumulative of over 120 square feet of destroyed outbuildings (garages, sheds, noncommercial barns, play structures and similar auxiliary structures).

(r)    "Reconstruction or substantial repair" means on the same fire-damaged lot and with no change in use, of a permitted or legal nonconforming structure that was either destroyed by the SQF Complex Fire or was so structurally damaged that the structure cannot be inhabited or occupied.

(s)    "Recreational vehicle" means a motor home, travel trailer, truck camper or camping trailer that is:

(1)    Self-contained and designed for human habitation for recreational or emergency occupancy;

(2)    Self-propelled, truck-mounted, or permanently towable on California roadways; and

(3)    A California Department of Motor Vehicles licensed vehicle, or a similar vehicle or structure as determined by the RMA Director.

(t)    "Repair" means repair of a structure damaged by the SQF Complex Fire, with no change in use.

(u)    "Right of Entry Permit" means the Debris and/or Hazard Tree Removal Right of Entry Permit (for providing debris and/or hazard tree removal on private property), approved by the California Office of Emergency Services and the Board of Supervisors, for use in the cleanup after the SQF Complex Fire.

(v)    "RMA Director" means the Director of the Tulare County Resource Management Agency, or his/her designee.

(w)    "RMA-Permit Center" means the main hub for the public seeking building and land use permits located at 5961 South Mooney Boulevard, Visalia, CA 93277.

(x)    "SQF Complex Fire" means the group of wildfires that began in Tulare County on August 19, 2020, and was designated as the SQF Complex Fire by CALFIRE, as referenced in the August 18, 2020 Proclamation of a State of Emergency by Governor Gavin Newsom and Board of Supervisors Resolution No. 2020-0596, adopted on September 1, 2020.

(y)    "Temporary Dwelling" means, for purposes of this chapter only, a recreational vehicle, a manufactured home, or a mobile home.

(z)    "Unpermitted structure" means a structure built without the required County building permits and inspections.

(Added by Ord. No. 3587, effective 12-8-20)

ARTICLE 2. DEBRIS REMOVAL

4-31-2000 EFFECTIVE PERIOD:

This article relating to debris removal shall take effect immediately upon adoption and shall remain in effect until the removal of fire debris has been completed on all properties damaged by the SQF Complex Fire.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-2100 PROHIBITION ON REMOVAL OF FIRE DEBRIS FROM PRIVATE PROPERTY:

No fire debris from structures shall be removed from private property except pursuant to the requirements of the table below:

	No structure on burned property	Nonqualifying structures	Qualifying structures
Prior to completion of Phase I cleanup	Owner may remove debris.	Debris removal prohibited.	Debris removal prohibited.
Prior to completion of Phase II cleanup	Owner may remove debris.	Owner may remove debris with clearance from Tulare County Department of Public Health, Environmental Health Division.	Only OES Program or Alternative Program contractor may remove debris.
Following completion of Phase II cleanup	Owner may remove debris.	Owner may remove debris with clearance from Tulare County Department of Public Health, Environmental Health Division.	Owner may remove remaining debris not removed during Phase II, with clearance from Tulare County Department of Public Health, Environmental Health Division.

For the purposes of this article, the requirement to enter into the OES Program or the Alternative Program shall apply only to properties that contained a qualifying structure under the OES Program. The requirement shall not apply to properties that only contained nonqualifying structures, including but not limited to sheds, canopies, carports, well houses, greenhouses, chicken coops, or fencing. Whether fire debris derived from a qualifying or nonqualifying structure shall be determined by the RMA Director, or his or her designee, in consultation with CalOES.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-2200 REMOVAL OF FIRE DEBRIS THROUGH THE OES PROGRAM:

(a)    Effect of the Right of Entry Permit: The right of entry permit shall function as the sole permit and authorization for participation in the OES Program.

(b)    Notwithstanding any contrary provision in this Ordinance Code, no County approvals or permits for fire debris removal are required for properties participating in the OES Program, other than the right of entry agreement.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-2300 REMOVAL OF FIRE DEBRIS THROUGH ALTERNATIVE PROGRAM:

(a)    The County shall administratively adopt and administer the Alternative Program in the unincorporated areas of Tulare County under the supervision of the Chief Administrative Officer or his or her designee. The County shall utilize the state and federal standards and cleanup goals of the OES Program as the standards for the Alternative Program. Under the supervision of the Chief Administrative Officer or his or her designee, the County may administratively update these standards as necessary to address ongoing changes in the administration of the OES Program and the need to efficiently remove hazardous fire debris from the community.

(b)    For those persons who are not eligible for the OES Program, or who opt out of the OES Program, private action to remove fire debris from fire-damaged properties is prohibited unless and until the assessment and removal of hazardous waste and bulk asbestos as described under the Alternative Program requirements has been performed and authorization from the Tulare County Department of Public Health, Environmental Health Division has been provided pursuant to the Alternative Program. All hazardous waste, bulk asbestos and asbestos-containing materials, building ash, and debris shall be handled in accordance with all applicable local, State and Federal law.

(c)    The Alternative Program shall require an application and work plan that identifies the appropriate licensed contractors who will perform the work and the submission of plans that demonstrate that the standards established in the Alternative Program will be met. Work shall not begin until the County approves the application and work plan. The County may rely upon the subject matter expertise of multiple departments in deciding whether to approve the application and work plan.

(d)    Upon completion of the work described in the approved plans, the Alternative Program shall require an application for certification of successful completion of the work required by the alternative program. The Alternative Program shall require that:

(1)    The debris removal and clean-up work on the property must meet or exceed the standards set by the State of California for debris removal; and

(2)    The owner must completely remove and dispose of the foundation or submit a letter from a licensed civil or structural engineer certifying that the foundation is acceptable for rebuild. The letter shall certify structural reasons for the decision and include the process and procedure used to reach the conclusion.

(e)    Notwithstanding any contrary provision in this Ordinance Code, no County demolition permit shall be required for private debris removal work for which the RMA Director has issued an approval allowing such work to proceed.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-2400 HOLD ON BUILDING PERMITS:

(a)    No building permit may be acted on for parcels with fire debris from the SQF Complex Fire until the RMA Director approves the certification required by this chapter that the cleanup has been completed.

(b)    Any issued County of Tulare building permit on SQF Complex Fire damaged parcels shall be held in abeyance until fire debris cleanup is completed on the affected property is cleared by Tulare County Department of Public Health, Environmental Health Division, or until documentation of clearance approval by CalOES, CalRecycle, or FEMA is provided to the Building Official.

(c)    Notwithstanding the foregoing, this section shall not apply to permits relating to power, sewer or other utilities for temporary dwellings as provided for in this chapter.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-2500 DEADLINES AND ENFORCEMENT:

(a)    The Board of Supervisors may, by resolution, set a deadline for filing an application for the Alternative Program.

(b)    Properties that have fire, ash, and debris from the SQF Complex Fire and that have neither an approved Right of Entry Permit for the OES Program nor an approved application for the Alternative Program by the deadline set by the Board of Supervisors are declared a nuisance and health hazard and such properties may be abated pursuant to this chapter.

(c)    The Board of Supervisors may, by resolution, set deadlines for the completion of work in the Alternative Program. Properties that have fire, ash, and debris from the SQF Complex Fire after that deadline may be declared a nuisance and health hazard and such properties may be abated pursuant to this chapter.

(d)    The Board of Supervisors’ intent is to facilitate orderly remediation of a large scale disaster. Nothing in these deadlines shall limit the authority of the County to abate hazards more quickly where required by exigent circumstances. Nothing in this article or in these deadlines shall limit the authority of the County Health Officer to require preventive measures as defined in California Health and Safety Code section 101040.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-2600 ENFORCEMENT AND ABATEMENT:

(a)    General Enforcement Action. When the RMA Director determines that an activity is being performed in violation of this article, the RMA Director may initiate an enforcement action using any processes set forth in this Ordinance Code, and may seek the imposition of costs and civil penalties pursuant to this Ordinance Code. Nothing in this provision is intended to prevent alternate enforcement mechanisms, including but not limited to, health officer orders pursuant to California Health and Safety Code section 101040.

(b)    Summary Abatement. Pursuant to the authority of article XI, section 7 of the California Constitution, Health and Safety Code section 101040, Government Code section 25845 et seq., and this Ordinance Code, if the RMA Director determines that a violation of this article has created an emergency condition which seriously endangers the public health or safety, the County may abate the condition within the unincorporated territory of the County of Tulare. The costs shall be charged to the property owner(s) and the County may, at its option, recover the same in an administrative action as described below or a civil action. Such charges shall be in addition to any penalty for a violation of this article.

(1)    Pre-Abatement Notice. Unless emergency conditions preclude doing so, the RMA Director shall issue a summary abatement notice and order with reasonable notice. The notice and order shall be mailed to the property owner(s) as listed on the last equalized tax roll. A summary of the notice and order shall also be posted in a conspicuous location on the property to be abated at least ten (10) calendar days prior to the summary abatement action.

(2)    Appeal and Waiver. The property owner(s) or any person or entity having a legal interest in the property may submit a written appeal of the RMA Director’s order to the Tulare County Department of Public Health, Environmental Health Division’s Deputy Director, or his or her designee, no later than ten (10) calendar days from the date of mailing of the notice and order. The written appeal shall state the basis for the appeal. The Tulare County Department of Public Health, Environmental Health Division’s Deputy Director, or his or her designee, shall review the appeal and shall issue a written decision no later than ten (10) calendar days after receipt. The decision shall uphold, rescind, or modify the determination of the notice and order. The decision on the appeal shall be final. Failure to appeal within the time prescribed shall constitute a waiver of the right to contest the summary abatement.

(3)    Post-Abatement Notice. After the summary abatement is completed, the RMA Director shall serve the property owner(s) with a post-abatement notice that sets forth: (a) the actions taken by the County; (b) the reasons for the actions; (c) a statement of the costs, expenses and attorney’s fees, if any, of the abatement and notice of the County’s intent to collect those costs; and (d) notice of the right to appeal the costs determination within ten (10) calendar days of the notice. If the property owner is responsible for any costs, expenses or attorney’s fees, such costs shall become a lien against the property and a notice of abatement lien may be recorded.

(4)    Post-Abatement Costs Appeal. If the property owner(s) or anyone with a legal interest in the property submits a timely costs appeal, the County shall schedule an administrative hearing on the matter and provide the appeal party with reasonable notice of the hearing. The hearing conducted shall be held before the County Hearing Officer pursuant to Chapter 31 of Part I of this Ordinance Code.

(c)    Judicial enforcement action. The County Counsel is authorized to initiate judicial enforcement as to a violation of any provision of this article without further Board of Supervisors approval.

(d)    Remedies not exclusive. The remedies identified are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided in this article shall be cumulative and not exclusive.

(Added by Ord. No. 3587, effective 12-8-20)

Article 3. TEMPORARY FEE WAIVER POLICY

4-31-3000 PERMIT FEES FOR DAMAGED OR DESTROYED STRUCTURES:

Applications to repair, demolish, reconstruct, or rebuild any permitted or legal nonconforming structure damaged or destroyed by the SQF Complex Fire may not pay fees at the time of submittal. Additionally, all appurtenant permits, such as tree removal for hazardous trees, grading, well permits, water system permits, septic permits, onsite waste water system permits, encroachment permits, address numbering applications, slope exceptions, temporary power, temporary occupancy, and any other permits that might be needed to bring any structure or parcel back to its original condition may not be required to immediately pay such fees.

Fees covered under this article include all County land use fees prescribed by the Resource Management Agency, Environmental Health Division, and Tulare County Fire Department.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-3100 PERMITTED OR LEGAL NONCONFORMING STRUCTURES – INSURED APPLICANTS:

Permit fees related to repair, demolition, or reconstruction of an insured, permitted structure damaged or destroyed by the SQF Complex Fire may be eligible for waiver, as described below. Additionally, all appurtenant permits, such as tree removal for hazardous trees, grading, well permits, septic permits, encroachment permits, address numbering applications, slope exceptions, temporary power, temporary occupancy, and any other permits that might be needed to bring an insured structure or parcel back to its original permitted condition are eligible for waiver, as described below.

The County, through its RMA-Permit Center, may waive permit fees related to repair, demolition, or reconstruction of an insured, permitted structure damaged or destroyed by the SQF Complex Fire or appurtenant permits needed to bring an insured, permitted structure or parcel back to its original condition in accordance with the following procedure:

(a)    At the time of initiating the permit process and at the time of permit issuance, Applicant does not pay fees to the RMA.

(b)    RMA issues Applicant a fee invoice, which Applicant is to submit to his or her insurance carrier. A hold is placed on the permit record preventing final inspection until settlement of fees.

(c)    Applicant remits any fees covered by insurance carrier to RMA-Permit Center prior to final inspection.

(d)    Applicant submits fee waiver request form for any fees not covered by insurance carrier prior to final inspection. Applicant must submit insurance carrier claim rejection letter at time of fee waiver request.

(e)    Once fees are remitted and/or fee waiver is approved, the hold on final inspection is removed, allowing final inspection to proceed.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-3200 PERMITTED OR LEGAL NONCONFORMING STRUCTURES – UNINSURED APPLICANTS:

Permit fees related to repair, demolition, or reconstruction of an uninsured, permitted structure damaged or destroyed by the SQF Complex Fire, are eligible for waiver, as described below. Additionally, all appurtenant permits, such as tree removal for hazardous trees, grading, well permits, septic permits, encroachment permits, address numbering applications, slope exceptions, temporary power, temporary occupancy, and any other permits that might be needed to bring an uninsured structure or parcel back to its original permitted condition are eligible for waiver, as described below.

The County, through its RMA-Permit Center, will waive permit fees related to repair, demolition, or reconstruction of an insured, permitted structure damaged or destroyed by the SQF Complex Fire or appurtenant permits needed to bring an uninsured, permitted structure or parcel back to its original condition according to the following steps:

(a)    Applicant does not pay fees upfront at permit initialization or issuance.

(b)    Applicant is issued a fee invoice. A hold is placed on the permit record preventing final inspection until settlement of fees.

(c)    Applicant submits fee waiver request form along with a letter to RMA-Permit Center detailing the uninsured status of the structure.

(d)    Once fee waiver is approved, the hold on the final inspection is removed, allowing final inspection to proceed.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-3300 UNPERMITTED STRUCTURES:

Permit fees related to repair, demolition, or reconstruction of an unpermitted structure damaged or destroyed by the SQF Complex Fire, are not eligible for waiver. Additionally, all appurtenant permits, such as tree removal for hazardous trees, grading, well permits, septic permits, encroachment permits, address numbering applications, slope exceptions, temporary power, temporary occupancy, and any other permits that might be needed to bring an unpermitted structure or parcel back to its original condition are not eligible for waiver.

The County, through its RMA-Permit Center, will process fee payment to repair, demolition, or reconstruction of an unpermitted structure damaged or destroyed by the SQF Complex Fire or appurtenant permits needed to bring unpermitted structure or parcel back to its original condition according to the following steps:

(a)    Applicant does not pay fees upfront at permit initialization (submittal).

(b)    Applicant is issued a fee invoice to submit to insurance carrier (if insured).

(c)    A hold is placed on the permit record preventing final inspection until settlement of fees.

(d)    Applicant remits any fees due to the RMA-Permit Center prior to final inspection.

(e)    Once fees are remitted, the hold on final inspection is removed, allowing final inspection to proceed.

All permits to repair, demolish, reconstruct, or rebuild unpermitted structures damaged or destroyed by the SQF Complex Fire shall not be subject to fee surcharges applied to work done without a permit.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-3400 BUILDING CODE:

Pursuant to state law, all new buildings and structures and alteration or repairs to existing buildings and structures shall comply with the current California Code of Regulations, including the California Building Standards Code with such modifications as County has adopted, and all governing local rules and policies in place at the time plans are submitted.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-3500 EFFECTIVE PERIOD:

(a)    Applications to reconstruct or repair structures must be submitted by January 1, 2023.

(b)    This article relating to temporary fee waivers shall take effect immediately upon adoption and shall be of no further force or effect after January 1, 2025, unless extended or otherwise modified by the Board of Supervisors before that date.

(Added by Ord. No. 3587, effective 12-8-20)

ARTICLE 4. MANDATORY HAZARD TREE REMOVAL PROGRAM

4-31-4000 PURPOSE:

It is the intent of the Board of Supervisors that this article shall apply to the abatement of hazard trees threatening eligible roads or parcels in the unincorporated areas of the SQF Complex Fire area.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-4050 PUBLIC NUISANCE AND VIOLATIONS:

Maintaining a hazard tree is prohibited and a public nuisance subject to this article. A violation of any provision of this article shall be deemed to be a public nuisance and subject to any enforcement process available by law.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-4100 HAZARD TREE REMOVAL PROGRAM:

Any tree that was fire damaged in the SQF Complex Fire and that is in immediate danger of falling onto an eligible road or parcel is a hazardous tree that must be removed to eliminate the immediate threat to the public at large. This article establishes a hazardous tree removal program that is mandatory and sets forth the manner in which hazardous trees will be identified and removed.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-4150 EFFECTIVE PERIOD:

The Hazard Tree Removal Program shall take effect immediately upon adoption of this article and shall remain in effect until the removal of hazard trees has been completed.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-4200 DEFINITIONS:

(a)    "Arborist" means an ISA Certified Arborist with a Tree Risk Assessment Qualification (TRAQ).

(b)    "Arborist’s/Forester’s Certification" means a written certification verifying that all hazard trees have been removed from a parcel participating in the Private Tree Program. The certification shall be made and executed by an Arborist and/or Forester as defined in this section. The Arborist or Forester shall provide evidence of the required qualifications of this section.

(c)    "Enforcement Officer" means the Chief Administrative Officer of Tulare County or his or her designee(s). Such designee(s) may be a Tulare County employee(s) or third-party provider(s).

(d)    "Eligible Road(s)" or "Eligible Parcel(s)" means a road, right-of-way, or parcel falling into one of the following categories:

(1)    A public road or right-of-way;

(2)    An improved public property; or

(3)    A private road or right-of-way when the private road:

(A)    Connects two public roads;

(B)    Is primarily used as a right-of-way to a public property; or

(C)    Is used for waste collection services.

    Eligible roads or parcels are those affected by the SQF Complex Fire.

(e)    "Forester" means a Registered Professional Forester, qualified pursuant to California Public Resources Code section 752 (defining a "professional forester").

(f)    "Government Hazard Tree Removal Program" means the hazard tree removal program operated by the California Office of Emergency Services (CalOES) for the SQF Complex Fire area in conjunction with other state and federal agencies.

(g)    "Hazard Tree" means a wildfire-damaged tree that in the professional opinion of an Arborist and/or Forester:

(1)    Has been so severely damaged by the SQF Complex Fire that its structural integrity is compromised; and

(2)    Poses an imminent danger of falling onto an eligible road or parcel.

(h)    "Right of Entry Permit" means the Debris and/or Hazard Tree Removal Right of Entry Permit (for providing debris and/or hazard tree removal on private property), approved by the California Office of Emergency Services and the Board of Supervisors, for use in the cleanup after the SQF Complex Fire.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-4250 GOVERNMENT HAZARD TREE REMOVAL PROGRAM:

(a)    The Government Hazard Tree Removal Program will remove all hazard trees at no out-of-pocket cost to the owner. If an owner does not participate in the Government Hazard Tree Removal Program, and there are hazard trees on the property, the owners are required to identify and remove such trees at their own cost.

(b)    To participate in the Government Hazard Tree Removal Program, owners must complete and submit a Right of Entry Permit. The Right of Entry Permit shall function as the sole permit and authorization for participation in the Government Hazard Tree Removal Program. Notwithstanding any contrary provision in this Ordinance Code, no County approvals or permits for hazard tree removal are required for properties participating in the Government Hazard Tree Removal Program, other than the Right of Entry Permit.

(c)    If owners whose property contains hazard trees do not participate in the Government Hazard Tree Removal Program (at no out-of-pocket cost to owner) or identify and remove such trees, the County will enforce this article and charge the owners with any administrative and abatement costs related to such enforcement as described below.

(d)    In implementing this program, property owners who have submitted an application for a development permit shall be given priority in the Government Hazard Tree Removal Program.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-4300 PRIVATE HAZARD TREE REMOVAL:

(a)    As an alternative to the Government Hazard Tree Removal Program, owners have the option of identifying and removing hazard tree(s) on their property at their own cost. To opt out of the Government Hazard Tree Removal Program, owners shall submit an Arborist’s/Forester’s Certification for their property.

(b)    Notwithstanding anything herein to the contrary, owners who remove hazard tree(s) on their property at their own cost may choose to temporarily retain and promptly utilize felled hazard trees which were standing on their property. This temporary retention and utilization by the owner shall be permitted only to the extent felled hazard trees and incidental foliage, slash, tree branches or limbs, and chipped or mulched vegetation do not constitute a fire hazard as prohibited by applicable law, including, but not limited to, California Public Resources Code section 4291 et seq., Title 19 of the California Code of Regulations, and Chapter 11 of this Ordinance Code. Such requirements include but are not limited to the following:

(1)    In storing such hazard trees prior to utilization, an owner shall be required to:

(A)    Maintain a setback of no less than one hundred (100) feet from any inhabited building or structure;

(B)    Maintain a setback of no less than thirty (30) feet from any uninhabited building or structure; and

(C)    Maintain a setback around the parcel’s property lines of no less than thirty (30) feet.

(2)    If an owner utilizes felled hazard trees for wood chips, the owner shall be required to spread the wood chips to a depth of no greater than three (3) inches while maintaining a setback of no less than five (5) feet from any building or structure.

(c)    If any temporary retention and utilization of hazard trees constitutes a fire hazard, it is a public nuisance and may be abated using any available legal remedy. If the owner chooses to temporarily retain and utilize felled hazard trees, the owner is required to utilize such hazard trees prior to the issuance of any County Development Permit

(d)    For the purposes of this section, any temporary retention and utilization of felled hazard trees by the property owner is not a staging area that would require a special use permit. Owners may not receive felled trees from other properties.

(e)    The County shall utilize the state and federal standards and cleanup goals of the Government Hazard Tree Removal Program as the standards for owners who remove hazard tree(s) on their property at their own cost, including, but not limited to, the criteria for determining whether a tree is a hazard tree. Under the supervision of the Enforcement Officer, the County may administratively update these standards as necessary to address ongoing changes in the administration of the Government Hazard Tree Removal Program and the need to efficiently remove hazard trees from the community.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-4350 COUNTY DEVELOPMENT PERMITS:

(a)    No application for a building permit or land use entitlement in the SQF Complex Fire area for a parcel containing hazard trees shall be considered complete until the applicant has entered into the Government Hazard Tree Removal Program or submitted an Arborist’s/Forester’s Certification for their property. This section shall not apply to permits relating to power, sewer or other utilities for temporary dwellings and the installation of temporary dwellings as provided for in § 4-31-2400 and Article 5 of this Chapter.

(b)    This section shall not apply to permits for wells or septic systems with the Tulare County Department of Public Health, Environmental Health Division.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-4400 DEADLINES AND ENFORCEMENT:

(a)    Properties that contain hazard trees and that do not have (1) an approved Government Hazard Tree Removal Program ROE or (2) an approved Arborist’s/Forester’s Certification by the deadline set by the Board of Supervisors, are declared a public nuisance and health hazard and such properties may be abated pursuant to this article.

(b)    The Board of Supervisors may set a deadline for the completion of hazard tree removal by resolution. Properties that have hazard trees from the SQF Complex Fire after that deadline are declared a public nuisance and health hazard and such properties may be abated pursuant to this article.

(c)    The Board of Supervisors’ intent is to facilitate orderly remediation of a large scale disaster. Nothing in these deadlines shall limit the authority of the County to abate hazards more quickly where required by exigent circumstances.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-4450 ENFORCEMENT:

(a)    Whenever the Enforcement Officer determines that a public nuisance (as specified in this article) exists, he or she shall use any legal remedies available under California law to address and abate the public nuisance, including but not limited to this ordinance code.

(b)    The County may, in its discretion, abate a violation of this article by the prosecution of a civil action, including an action for injunctive relief. The remedy of injunctive relief may take the form of a court order, enforceable through civil contempt proceedings, prohibiting the maintenance of a violation of this article, or requiring compliance with other terms.

(c)    The County may also abate a violation of this article through the abatement process established by Government Code section 25845 et seq.

(d)    If a public nuisance is found to be present on the property in violation of this article, the Enforcement Officer shall pursue payment for abatement and administrative costs from the owner, and the owner of the property shall be responsible for paying all of the County’s abatement costs and administrative costs.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-4500 ABATEMENT COSTS AND ADMINISTRATIVE COSTS:

(a)    "Abatement Costs" means any costs or expenses reasonably related to the abatement of conditions which violate this article of this Ordinance Code, and shall include, but not be limited to, enforcement, investigation, collection and administrative costs, and the costs associated with the removal or correction of the violation.

(b)    "Administrative Costs" shall include the cost of County staff time reasonably related to enforcement, for items including, but not limited to, site inspections, travel time, investigations, telephone contacts, and time spent preparing summaries, reports, notices, correspondence, warrants, and hearing packets. The time expended by the Enforcement Officer and Auditor-Controller staff, to calculate the above costs and prepare itemized invoices, may also be recovered.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-4550 NON-EXCLUSIVE REMEDY:

This article is cumulative to all other remedies now or hereafter available to abate or otherwise regulate or prevent public nuisances. The County Counsel is authorized to initiate judicial enforcement as to a violation of any provision of this article without further Board of Supervisors approval.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-4600 SUMMARY ABATEMENT:

Notwithstanding any other provision of this article, when any hazard tree constitutes an immediate threat to the public health or safety, and where alternative procedures would not result in abatement of that public nuisance within a short enough time period to avoid that threat, the Enforcement Officer may direct any officer or employee of the County or third-party provider to summarily abate the public nuisance. The Enforcement Officer shall make reasonable efforts to notify the owner. No summary abatement shall occur prior to consultation with the Office of County Counsel. The County may nevertheless recover its costs for abating that public nuisance in the manner set forth in this article.

(Added by Ord. No. 3587, effective 12-8-20)

ARTICLE 5. USE OF TEMPORARY DWELLINGS AND CARGO STORAGE CONTAINERS

4-31-5000 STATEMENT OF PURPOSE:

In order to provide residents with additional temporary housing opportunities within the SQF Complex Fire burn area, this article aims to relax some of Tulare County’s building and zoning regulations. By enacting this article, the County intends to develop reasonable standards which allow persons to move back into the SQF Complex Fire burn area to provide temporary, interim shelter for Tulare County residents on private property during the reconstruction period. Persons moving back to the area while public safety hazards are being mitigated do so at their own risk and should make themselves aware of potential public safety hazards, including, but not limited to, falling trees or telephone poles adjacent to the roadways and potable water issues.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-5100 EFFECTIVE PERIOD:

This article relating to use of temporary dwellings and cargo storage containers shall take effect immediately upon adoption and shall remain in effect until January 1, 2023, unless extended or otherwise modified by the Board of Supervisors before that date.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-5200 STANDARDS FOR TEMPORARY DWELLINGS AND CARGO STORAGE CONTAINERS:

Residential use of temporary dwellings and cargo storage containers located on fire-damaged parcels shall be permitted on parcels where a previously established residence was destroyed, or damaged and thus rendered uninhabitable, as determined by the RMA Director, as a result of the SQF Complex Fire. Proof that a destroyed or damaged residence was previously established shall be verified by the RMA Director based on prior building permit or assessor’s records, or other documentation satisfactory to the Director.

(a)    Except as provided herein, no County approval or permit for residential use of a temporary dwelling or cargo storage container shall be issued until fire debris is removed from the site and is cleared by Tulare County Department of Public Health, Environmental Health Division, or until documentation of clearance by CalOES, CalRecycle, or FEMA is provided to the Building Official.

(b)    All permits to allow temporary dwellings and cargo storage containers require submission of a complete building permit application to rebuild damaged or destroyed residences on the permitted parcel within one hundred and twenty (120) days of approval. Beyond the initial 120 days, the parcel shall require open, valid, and active building permit(s) throughout the use of a temporary dwelling and/or cargo storage containers.

(c)    Temporary dwellings may be located within Zoning Ordinance setback areas such that placement of the temporary dwelling will allow for unobstructed debris removal and reconstruction on the site. Notwithstanding the foregoing, temporary dwellings shall not be allowed within fifty (50) feet of a bank of an intermittent water course and one-hundred (100) feet of a bank of a perennial water course.

(d)    Building Standards and Requirements. All residential use of temporary dwellings and cargo storage containers shall meet the following standards:

(1)    The property owner, or the property owner’s authorized agent, shall obtain all County permits for all temporary dwellings and cargo storage containers. Written consent of the property owner is required on all permit applications.

(2)    Residential use of temporary dwellings is limited to those dwellings not on a permanent foundation and used to house displaced persons during the effective period of this Article.

(3)    At all times, use of cargo storage containers shall be for storage of residents’ personal and household belongings only.

(4)    Temporary dwellings and cargo containers shall be located within the property boundaries of the displaced person(s) and not be within another individual or entity’s recorded easements, road or driveway, designated flood hazard location, or areas prone to landslide or debris flow.

(5)    The temporary dwelling shall be connected to an approved source of water meeting one of the following criteria:

(A)    A public water supply;

(B)    An existing well, provided that it has been approved by the Tulare County Department of Public Health, Environmental Health Division as safe for domestic consumption; or

(C)    Another water source approved by the Tulare County Department of Public Health, Environmental Health Division.

(6)    The temporary dwelling shall be connected to an approved sewage disposal system meeting one of the following criteria:

(A)    A public sewer system;

(B)    An existing on-site sewage disposal system that the Tulare County Department of Public Health, Environmental Health Division’s Director has determined to be intact, adequately sized, and functioning following the disaster;

(C)    A temporary holding tank in contract with a pumping company for regular pumping. A copy of the contract shall be provided to the Tulare County Department of Public Health, Environmental Health Division; or

(D)    Another method of sewage disposal approved by the Building Official.

(7)    The temporary dwelling shall be connected to an approved source of electricity meeting one of the following criteria:

(A)    A permitted electrical service hook-up; or

(B)    Another power source approved by the Building Official.

(8)    Parking of licensed personal vehicles shall comply will all applicable on street parking restrictions.

(9)    A maximum of two cargo storage containers will be allowed on a parcel.

(e)    Removal and disconnection of temporary dwelling. Every temporary dwelling placed on any site for residential use as permitted by this Article shall be disconnected from sewer, septic, water and/or power connections and removed from the parcel on which it is located no later than the expiration date of this Article or within thirty (30) days of issuance of a certificate of occupancy with respect to said parcel, whichever is earliest.

(f)    Removal of cargo storage container. Every cargo storage container placed on any parcel for residential use as permitted by this Chapter shall be removed from the parcel on which it is located no later than the expiration date of this Article or within thirty (30) days of issuance of a certificate of occupancy with respect to said parcel, whichever is earliest.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-5300 RECONSTRUCTION OF LEGAL NONCONFORMING USES AND STRUCTURES:

Notwithstanding any contrary provision of this Code, the RMA Director may waive the requirements of Section 15 of Chapter 3 of Ordinance No. 352, which prohibits the replacement, repair or reconstruction of a non-conforming building or use that has been destroyed, provided the RMA Director has determined that all other requirements of this Chapter have been met.

Building permits for the reconstruction of a permitted or legal non-conforming structure that has been demolished or destroyed by the SQF Complex Fire shall be submitted prior to January 1, 2023, and shall be completed January 1, 2025.

(Added by Ord. No. 3587, effective 12-8-20)

4-31-5400 REBUILDING WARNING:

The following statement shall be provided in writing to all individuals applying for a building permit within the SQF Complex Fire area:

Due to the large number of structures destroyed in the SQF Complex Fire, it is anticipated that there will be a large number of applications for building permits in the SQF Complex Fire burn areas, after fire debris and hazardous materials have been cleaned up pursuant to the OES Program or the Alternative Program. Building permits in the SQF Complex Fire burn areas will not be issued until after the RMA Director approves the certification required by this chapter that the cleanup has been completed. The Tulare County Public Health Officer has identified health hazards in the fire debris and hazardous materials in the SQF Complex Fire area. Even if a property has been cleared of fire debris and hazardous materials, or never had any fire debris and hazardous materials, it does not mean that there are no other health hazards or dangers on the property. Property owners and residents should investigate their own property to determine whether there are any other health hazards or dangers on the property.

The issuance of a building permit for the property does not inherently discharge the property of all hazards. A building permit is a ministerial action, requiring only limited review by the County to ensure that the proposed structure or improvement meets all applicable building standards. In most zones, an individual is allowed by right to construct a residence after receiving a building permit, which only requires conformity to building standards. The building permit is issued based on information supplied by the applicant without independent investigation by the County of the property or potential health hazards or dangers. Given the limited scope of enforcement, it is not possible for the County to identify potential health hazards or dangers which are not directly associated with the permitted structure or improvement. The applicant is in a position to inspect the property, identify potential health hazards or dangers, and tailor the application to avoid any potential health hazards or dangers.

(Added by Ord. No. 3587, effective 12-8-20)