HomeMy WebLinkAbout98-07 CC Ordinance_ ORDINANCE NO. 98-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECUI~ AMI~NDING 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
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. Section 8.16.010 of the Temecuh Municipal Code is hereby
amended to read as follows:
"8.16.010 Dertuitions.
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 re~l 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 baird. Hazardous vegetation shall also mean weeds which
whe~ 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.
"I-lnTard reduction officer" means the designee of the city fire chief vested with
the authority to enforce this chapter.
Or&. 98-07 I
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 shah 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 fireb~ 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
l~ssed 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.
Ords. 98*07 2
Section 4. The Acting City Clerk of the City of Temecula shall certify to the
passage and adoption of this Ordinance and shall cause the same or a summary thereof to be
published and posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED,
Temecula this 28th day of April, 1998.
ATF~T:
7' Jones,
AZ-fin~' City Clerk
by the City Council of the City of
Ron Roberts, Mayor
Onts. 98-07 3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF TEMECULA )
I, Susan/ones, Acting City Clerk of the City of Temecula, do hereby certify
that the foregoing Ordinance No. 98-07 was duly introduced and placed upon its first reading
at a regular meeting of the City Council on the 28th day of April, 1998, and that thereafter,
said Ordinance was duly adopted and passed at a regular meeting of the City Council on the
12th day of May, 1998 by the following vote, to wit:
AYES: 5
COUNCILMEMBERS:
Comerchero, Ford, Lindemans, Stone,
Roberts
NOES:
0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
usan W. MC
~ Actin Cg~ Clerk
Ords. 98-07 4