HomeMy WebLinkAbout91-18 CC OrdinanceORDINANCE NO. 91-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA AMENDING CHAPTER 6.14 AND
ADDING CHAPTER 6.16 TO THE TEMECULA MUNICIPAL CODE
TO PROVIDE FOR EXPEDITED ABATEMENT OF HAZARDOUS
VEGETATION FROM VACANT LOTS OR PARCELS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Section 6.14 002(h) of the Temecula Municipal Code is hereby amended
to read as follows:
"6.14.002...(h) Except as provided in Chapter 6.16, any overgrown, dead,
decayed or hazardous vegetation which:
(1) May harbor rats, vermin, or other disease carriers;
(2)
Is maintained so as to cause an obstruction to the vision of motorists, or
a hazardous condition to pedestrians or vehicle traffic;
(3) Constitutes an unsightly appearance;
(4) Creates a danger or attractive nuisance to the public."
SECTION 2. Section 6.14.002(m) of the Temecula Municipal Code is hereby amended
to read as follows:
"6.14.002...(m) Abandoned, broken or neglected equipment and machinery, pools,
ponds, excavations, abandoned wells, shafts, basements, or other holes, abandoned
refrigerators or other appliances, abandoned motor vehicles, any unsound
structures, skateboard ramps, or accumulated lumber, trash, garbage, debris or
vegetation (not otherwise subject to the provisions of Chapter 6.16) which may
reasonably attract children to such abandoned or neglected conditions;"
SECTION 3. Section 6.14.002(r) of the Temecula Municipal Code is hereby amended
to read as follows:
"6.14.002... (r) Any condition of vegetation overgrowth, (except that regulated by
Chapter 6.16 hereof), which encroaches into, over, or upon any public right-of-
way including but not limited to, streets, alleys, or sidewalks, so as to constitute
either a danger to public safety or property or any impediment to public travel;"
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SECTION 4. Section 6.14.002(v) of the Temecula Municipal Code is hereby added to
read as follows:
"6.14.002..(v) Any violation of the Temecula Municipal Code, any Code adopted
by reference by the City, or any uncodified City Ordinance."
SECTION 5. Chapter 6.16 "Expedited Abatement of Hazardous Vegetation From Vacant
Lots and Parcels," is hereby added to the Temecula Municipal Code to read as follows:
"CHAPTER 6.16
EXPEDITED ABATEMENT OF HAZARDOUS
VEGETATION FROM VACANT I,OTS AND PARCEI,S
Sections:
6.16.010
6.16.020
6.16.030
6.16.040
6.16.050
6.16.060
6.16.070
6.16.080
6.16.090
6.16.100
6.16.110
Definitions.
Duty to Abate Hazardous Vegetation From Vacant Lots or Parcels
Enforcement of Chapter by Fire Chief or Designee.
Notice to Remove and Abate.
Appeal of Abatement Notice.
Removal of Hazardous Vegetation from Vacant I.ots or Parcels by
City.
Payment for Removal, Cost Accounting, Notification.
Assessment I.ien.
City Council Action Following Assessment Hearing.
Procedure for Refund of Payment.
Enforcement, Violations, Penalties.
6.16.919 DEFINITIONS. For purposes of this Chapter, the following terms shall have
the meanings set forth below:
(a) 'Appeals'shall mean that body designated by the City Council pursuant to this
Chapter and consisting of one (1) officer selected by the City Fire Chief which such officer shall
not be the officer issuing the order to abate and two (2) persons selected by the City Council.
Said Appeals Board shall hear any and all appeals regarding the determination by the City that
hazardous vegetation exists on any vacant land or vacant parcel in the City.
(b) 'Hazardous Vegetation' shall mean all dry grass, stubble, Russian thistle
(tumble weeds), brush, weeds, rank grow, sagebrush, chaparral, or other vegetation which
constitute a fire hazard. Hazardous vegetation shall also mean weeds which when mature bear
wingy or downy seeds, which will attain such a large growth as to become a fire menace when
dry, or which are otherwise noxious or dangerous.
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(c) 'Hazard Reduction Office' shall mean that physical location where the "Notice
to Remove and Abate" is generated.
(d) 'Hazard Reduction Officer' shall mean the designee of the City Fire Chief
vested with the authority to enforce this chapter.
(e) 'Vacant Lot' and 'Vacant Parcel' shall mean any lot or parcel larger than one-
quarter (1/4) acre which does not have an improved, habitable building or structure on it.
6.16.020 DUTY TO ABATE HAZARDOUS VEGETATION. It shall be the duty of
every owner or person in control of any real property or interest therein which constitutes a
'Vacant Lot' or 'Vacant Parcel' pursuant to Section 6.16.018(e) above to abate therefrom, and
from all sidewalks and parkways, except for those roads accepted into the City Maintained
System, all 'Hazardous Vegetation' or other flammable vegetation, that constitutes a fire hazard
which may endanger or damage neighboring property.
(a) In the case of any parcel or contiguous parcels of real property under the same
ownership consisting of five (5) or less areas upon which vegetation exists which may constitute
a fire hazard, the requirements of this Section shall be satisfied if the vegetation is removed by
disking or mowing the entire acreage.
(b) Where the acreage consists of more than five (5) contiguous acres, the
requirements of this Section shall be satisfied if there is cleared, a one hundred (100) foot wide
strip of land at the boundaries of such real property, and through such land so that there shall not
be any portion of the real property larger than two and one-half(2 1/2) acres which is not enclosed
by itself within such a strip, which shall be a firebreak. The City Fire Chief may require
firebreaks exceeding this one hundred (100) foot width or disking or larger than five (5) acre
parcels if larger breaks or disking is deemed necessary by him/her for the protection of the public
safety and welfare.
(c) Where the parcel is improved or terrain is such that it cannot be disked or
mowed, the City Fire Chief may require, or authorize, that other means of removal be used, and
that specific standards be met as set forth in Temecula Municipal Code, Public Resources Code,
or other recognized Fire Codes.
6.16.030 ENFORCEMENT OF CHAPTER BY FIRE CHIEF OR DESIGN-EE. For
purposes of enforcing the provisions of this Chapter, the City Fire Chief may designate any person
or persons as his/her deputy in the performance of the duties vested upon the City Fire Chief by
the provisions of this Chapter.
6.6.040 NOTICE TO REMOVE AND ABATE. It shall be the duty of the City Fire
Chief, or designee of the Chief, whenever such officer deems it necessary to enforce the
provisions of Section 6.16.020 hereof, to issue a 'Notice to Remove and Abate' by either of the
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following methods:
(a) By mailing to the owner as much real property as shown on the last equalized
tax rolls and by personal service thereon; or
(b) By mailing to the owner as shown on the last equalized tax rolls and by posting
the real property.
The 'Notice to Remove' shall be in substantially the form set forth below:
'NOTICE TO REMOVE AND ABATE
Date:
By virtue of Section 6.16.020 of the Temecula Municipal Code
YOUR ARE HEREBY NOTIFIED AND REQUIRED TO ABATE from
your property described
[Legal Description]
taken from the Riverside County Assessor's Records which lists
the owner as
of
[Name]
[Address, City, State, Zip]
specific mentioned items described as combustible matter
and
If said combustible matter is not removed within thirty (30) calendar days,
the City Fire Chief, or other duly designated officer(s), may order said matter
removed by public employees, private contractor, or other persons, and the cost
of said removal shall be levied with an added Administration Fee, and assessed
against the property as a Special Assessment Lien, or billed directly to the property
owner.
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An appeal from this order may be taken by presenting a written appeal to the
Hazard Reduction Office at (Phone:
) within twenty (20) calendar days of the
postmark on the Notice to Abate. The Hazard Reduction Officer shall set the same
for hearing before the Board of Appeals, and shall notify the Applicant, in writing,
of the heating date.
Name of Issuing Officer
Title of Issuing Officer
6.16.050 APPEAL OF ABATEMENT NOTICE.
(a) Appeals Procedure. Any person who is adversely affected by the determination
contained in the Notice set forth in Section 6.16.040, may appeal to the Board of Appeals within
the twenty (20) calendar days of the postmark on the Notice to Remove and Abate by filing a
written appeal with the Hazard Reduction Officer. An appeal, timely filed and in proper form,
shall stay any further action for removal or abatement until the date set for hearing. The Hazard
Reduction Office shall set the matter for hearing before the Board of Appeals and shall notify the
person appealing by mail of the date set for such hearing, at least fifteen (15) days prior to the
hearing date. If the person appealing resides outside the County, the above period of notice by
mail before the hearing shall be at least twenty-five (25) days. The person appealing shall have
the right to appear in person or by an agent, designated in writing, at the hearing, and present
oral, written, and/or photographic evidence. The Board of Appeals shall decide the appeal and
shall issue its decision, which shall be in writing.
(b) Appeals Board. The Board of Appeals is hereby established with the
membership as set forth in Section 6.16.010 (a). Members shall serve at the pleasure of the
appending authority.
6.16.060 REMOVAL OF HAZARDOUS VEGETATION BY CITY. If, at the end of
the time allowed for compliance in the original notice, or as extended in cases of appeal, or as
specified by the Board of Appeals, compliance has not been accomplished, the officer issuing the
notice or the agency of which he is an officer, may order the 'Hazardous Vegetation' to be
removed by public officers or by employees of said agency, or may cause the removal to be
carded out by a private contractor selected by the County Purchasing Agency in Accordance with
applicable statutes and in the manner and under the terms specified by the City Council. The Cost
of such removal accompanied by a reasonable administrative change may be imposed as a Special
Assessment upon the property, and such property shall be subject to a Special Assessment Lien
for said purpose. The costs so assessed shall be limited to the actual costs incurred by the City
of Temecula in enforcing abatement upon the parcels, including payment to the contractor, costs
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of investigation, boundary determination, measurement, clerical, personnel, consultant, and an
administrative cost to be set by Resolution adopted by the City Council on those parcels where
such weeds have not been removed by the property owner at his or her own expense.
6.16.070 PAYMENT FOR REMOVAL, COST ACCOUNTING, NOTIFICATION. The
City shall recover from the property owner the full costs, including administrative and legal costs
of abating 'Hazardous Vegetation' from any 'Vacant Lot' or 'Vacant Parcel' in the City in
accordance with the procedures set for in Section 6.15.012 of this Code.
6.16.080 ASSESSMENT I,IEN. The total costs of abatement of the 'Hazardous
Vegetation' abater pursuant to this Chapter shall constitute an assessment and lien against any
vacant lot or vacant parcel from which 'Hazardous Vegetation' was abated by the City. The
assessment shall be levied and the lien imposed by the City in accordance with the provisions of
Section 6.14.013 of this Code. The 'Notice of Lien' set forth in said Section shall be modified
to reelect 'Chapter 6.16' in lieu of 'Chapter 6.14.'
6.16.090 CITY COUNCIl, ACTION FOI,I,OWING ASSFSSMENT HEARING. At the
conclusion of the hearing required above, the City Council shall do one of the following:
(a) Confirm the costs of the abatement and order the costs to recorder as lien on
the property;
(b) Modify the costs of the abatement and order this new figure to be recorder as
a lien on the property; or
(c) Cancel all or any portion of any such Special Assessment, penalty, or costs
heretofore entered, and shall order that the same be canceled by the County Auditor--Controller
if uncoilsted, or, except in the case provided for in subsection (5) below , refunded by the
County Treasurer-Tax Collector, if collected, if the charges were charged or paid:
(1) More than once;
(2) Through clerical error;
(3) Through the error or mistake of the Board of Appeals, or of the officer,
Board or Commission designed by them to give notice, in respect to any material fact, including
the case where the cost report rendered and confirmed, as hereinbefore provided, shows the
County abated the 'Hazardous Vegetation' but such is not the actual fact;
(4) Illegally; or
(5) On property acquired after the lien date by the State or by any county,
city, school district, special district, or other political subdivision, and because of this public
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ownership, is not subject to sale for delinquent taxes.
6.16.100 PROCEDURE FOR REFUND OF PAYMENT. No order for refund under the
foregoing Section shall be made except on a written claim:
(a) Verified by the person who paid the Special Assessment, his guardian, executor
or administrator; and
(b) Filed with one (1) year after making the payment sought to be refunded.
6.16.110 ENFORCEMENT, VIOLATIONS, PENALTIES. It shall be unlawful, subject
to punishment in accordance with Sections 1.01.200 to 1.01.240 of this Code, for any person--
natural or corporate--owing, possessing, occupying, or controlling any lands or premises subject
to the provisions of this Chapter to fail to perform the duty set forth in Section 6.16.020 of this
Chapter, or to fail to comply with the requirements in the 'Notice to Remove and Abate' as
specified in Section 6.16.040 of this Chapter or to interfere with the performance of the duties
herein specified for any of the officers designated in this Chapter or their deputies, or to refuse
to allow any such officer or their deputies or employees, or approved private contractors, to enter
upon any premises for the purpose of inspecting and/or removing any 'Hazardous Vegetation'
hereinbefore described, or to interfere in any manner whatever with said officers of contractors
in the work of inspections and removal herein provided. Said penalties are in addition to any civil
or equitable remedies available to the City to enforce the provisions of this Chapter."
SECTION 6. SEVERABILITY. The City Council hereby declares that the provisions
of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold
any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect
the validity of the remaining parts of this Ordinance.
SECTION 7. EFFECTIVE DATE This Ordinance shall be in full force and effect thirty
(30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and
cause copies of this Ordinance to be posted in three designated posting places.
SECTION 8. A summary of this Ordinance shall be published in a newspaper published
and circulated in said City at least five (5) days prior to the City Council meeting at which the
proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance
shall be posted at City Hall. Within fifteen (15) days after adoption of the Ordinance, the
summary with the names of those City Council members voting for and against the Ordinance
shall be published again, and the City Clerk shall post a certified copy of the full text of such
adopted Ordinance.
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AFFIDAVIT OF POSTING
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
June S. Greek, being first duly sworn, deposes and says:
That she is the duly appointed and qualified City Clerk of the City of Temecula;
That in compliance with City Resolution No. 89-9 on December 1, 1989, Ordinance No.
91-18 was caused to be posted in three (3) places in the City of Temecula, to wit:
Temecula Library
Temecula Chamber of Commerce
Temecula Community Center
Temecula City Hall
~eS. Greek, Cit~~erk
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PASSED, APPROVED AND ADOPTED this 28th day of May, 1991.
Ronald I. Parks, Mayor
ATTEST:
JuneSreek, City Cle~'~'
[SEAL]
Orda 91-18 -8-
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 91-18 was duly introduced and placed upon its first reading at a regular meeting
of the City Council on the 23rd day of April, 1991, and that thereafter, said Ordinance was duly
adopted and passed at a regular meeting of the City Council on the 28th day of May, 1991, by the
following vote, to wit:
AYES: 5
COUNCILMEMBERS:
Birdsall, Lindemans, Moore, Mufioz,
Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Ords 91-18 -9-