HomeMy WebLinkAbout93-23 CC OrdinanceORDINANCE NO. 93 -23
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
' THE CITY OF TEMECULA PERMITTING CLEARING OF
BRUSH FOR FIRE PROTECTION PURPOSES
WHEREAS, the City Council of the City of Temecula (the "City Council ") has
determined that it is in the best interests of the residents of the City of Temecula (the "City ")
to permit persons to clear weeds, brush, and to remove and abate other fire hazards on their
property to protect human life from the threat of fire; and
WHEREAS, California Government Code Section 28123 provides that an ordinance
which is necessary for the immediate preservation of the public peace, health, or safety shall
take effect immediately; and
WHEREAS, the City is subject to relatively low humidity levels and high temperatures,
as documented by the National Climatic Data Center; and
WHEREAS, dry weather and dry vegetation have contributed to the loss or damage of
life and property in other communities with similar climatic conditions similar to those in the
City of Temecula; and
WHEREAS, all of Southern California, including the City of Temecula, is exposed to
drought and Santa Ana winds which create dangerous conditions in the region and create a high
' potential for fire damage; and
WHEREAS, these conditions have recently contributed to the loss and damage occurring
in numerous fires in Southern California in 1993, including the Winchester /Lake Skinner fire
in which more than 25,000 acres were burned, 30 homes and 70 other structures were destroyed,
and the Old Topanga/Malibu fires in which more than 18,000 acres were burned; 323 homes
were destroyed, and 3 lives were lost, in addition to other fires in the Beaumont /Cherry Valley
and Riverside areas and many other communities in Southern California: and
WHEREAS, weeds, brush, and other fire hazards in the vicinity of homes and other
structures pose a threat to human life in the event of fires; and
WHEREAS, the City Council finds that it is necessary for the immediate preservation
of the public peace, health and safety to permit property owners to clear such conditions on their
own property.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Temecula
as follows:
Section 1: Notwithstanding any other ordinance or resolution of the City to the
contrary, any person or entity that is an owner of property in the City may clear and abate
' brush, weeds and other fire hazards for fire protection purposes on the owner's property, unless
such vegetation or landscaping is required by condition of a land use entitlement, such as a
tentative tract map or plot plan. Weed, brush and other fire hazard abatement measures may
include, but are not limited to, disking, scraping, grubbing, mowing, or other methods of
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clearing to bare ground. No measure or method which is dangerous or hazardous to human
health or safety shall be utilized, nor shall any activity which is contrary to any state or federal
law be permitted.
' Section 2: Brush and other fire hazard abatement measures as provided in Section 1
may be taken within 100 feet of any structure, as defined in the Uniform Building Code (1991
ed.), regardless of whether such structure is located on one's own property or on adjacent
property without a permit from the City.
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Section 3: The Mayor shall sign this ordinance and the City Clerk shall attest to it
and shall within 15 days cause it or a summary of it to be published pursuant to Government
Code Section 36933. This ordinance shall take effect immediately because it is an ordinance for
the immediate preservation of the public peace, health, and safety. This ordinance begins with
recitals declaring the facts constituting the urgency, and is passed by at least a four - fifth's vote
of the City Council.
ADOPTED this 14th day of December, 1993.
ATTEST:
S�
un S Greek, City er
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id
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the
foregoing Urgency Ordinance No. 93 -23 was duly introduced adopted and passed at a regular
meeting of the City Council of the City of Temecula on the 14th day of December, 1993, by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Parks, Roberts, Stone, Munoz
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Birdsall
CA
J Greek, City c
1
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