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HomeMy WebLinkAbout98-06 CC OrdinanceORDINANCE NO. 98-06 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 8.16.010 AND 8.16.020 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE DUTY TO ABATE HAZARDOUS VEGETATION ON PRIVATE PROPERTY WITHIN THE CITY OF TEMECULA AND MAKING CERTAIN FINDINGS WITH RF~PECT THERETO THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Section 8.16.010 of the Temecula Municipal Code is hereby amended to read as follows: "8.16.010 Der'tuitions. For purposes of this chapter, the following terms shall have the meanings set forth below: "Appeals board" means that body designated by the City Council pursuant to this chapter and consisting of one officer selected by the city fire chief, which such officer shall not be the officer issuing the order to abate, and two persons selected by the City Council. The appeals board shall hear any and all appeals regarding the determination by the city that hazardous vegetation exists on any land or parcel of real property in the city. "Hazardous vegetation" means all dry grass, stubble, Russian thistle (tumbleweeds), brush, weeds, rank grow, sagebrush, chaparral, or other vegetation which constitutes 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. "Hazard reduction office" means that physical location where the notice to remove and abate is generated. "Hazard reduction officer" means the designee of the city fire chief vested with the authority to enforce this chapter. 0rds.98-06 1 Section2. Section 8.16.020 of the Temecula Municipal Code is hereby amended to read as follows: "8.16.020 Duty to abate hazardous vegetation "It shall be the duty of every owner or person in control of any real property or interest therein 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 parcel of real property under the same ownership consisting of five 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 discing or mowing the entire acreage. "B. Where the acreage consists of more than five contiguous acres, the requirements of this section shall be satisfied if there is cleared a one-hundred- food-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 acres which is not enclosed by itself within such a strip, which shall be a fire break. The city fire chief may require firebreaks exceeding this one-hundred- foot width or discing or larger than five-acre parcels if larger breaks or discing 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 disced 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 this code, Public Resources Code or other recognized fire codes." Section 3. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 4. and declares that: The City Council of the City of Temecula hereby finds, determines a. As a result of the extraordinary rainfall between November 1997 and April 1998, the City has experienced significant growth in hazardous vegetation. Orda.98-06 2 b. The Code Enforcement Department of the City has identified a number of parcels of real property within the City which are not vacant and have significant growth of hazardous vegetation. Under the current provisions of Chapter 8.16, only hazardous vegetation on vacant parcels can be abater pursuant to provisions. c. It is essential that weed abatement proceed as quickly as possible given the hazardous vegetation growth resulting from the extraordinary rains since November 1997 in order to reduce the risk of wildfires during the summer season. Without immediate adoption of the changes in this ordinance, the weed abatement process for non-vacant properties will be delayed. d. Pursuant to California Government Code Sections 36934 and 36937, the City Council hereby finds and determines that a current and immediate threat to the public health, peace, safety and general welfare exists which necessitates the immediate enactment of this Ordinance for the immediate preservation of the public health, peace, safety and general welfare, based upon the facts set forth in this Ordinance and the facts presented to the Council. Section the date is adopted. This Ordinance being an Urgency Ordinance shall be effective as of Section 6. The Acting City Clerk shall certify to the passage of this ordinance as an urgency ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED, Temecula this 28th day of April, 1998. ATTEST: · Jones, C/~IC ity Clerk by the City Council of the City of Ron~oberts, Mayor [SEALI 0~s.98-06 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF TEMECULA ) I, Susan W. Jones, Acting City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 98- 06 was duly adopted and passed as an urgency measure at a regular meeting of the City Council on April 28, 1998, by the following vote, to wit: AYES: 5 COUNCILMEMBERS: Comerchero, Ford, Lindemans, Stone, Roberts NOES: 0 C OUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None · Jones, ~MC ity Clerk~.~/ Ord8.98-06 4