Ord 677
ORDINANCE NO 677
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING CHAPTER 8 76 OF THE POWAY MUNICIPAL CODE BY AMENDING
SECTION 8 76 010; ADDING SECTION 876015, AMENDING SECTION 8 76 020;
AMENDING SECTION 8 76 030; ADDING SECTION 8 76 035, AMENDING
SECTION 8 76 040, AMENDING SECTION 8 76 050, AMENDING SECTION
876090; AMENDING SECTION 876 110 AND AMENDING SECTION 8 76 130,
ALL CONCERNING DEFENSIBLE SPACE, VEGETATION MANAGEMENT AND
WASTE ACCUMULATIONS
WHEREAS, Chapter 8 76 of the Poway Municipal Code governs the process
for the abatement of weeds and dry grasses, and waste accumulations that
constitute a public nuisance, and
WHEREAS, the City of Poway is at serious risk of wildfire due to its terrain,
climate, and the presence of highly flammable chaparral vegetation, and
WHEREAS, the City has determined that it is appropriate to expand the
existing vegetation management program by creating a new defensible space
program, which requires clearing of highly flammable chaparral vegetation that is
within 100 feet of a structure designed for human use or the housing of large
animals, and
WHEREAS, it has been determined that there is a need to update Chapter
8 76 to include definitions and provisions related to the defensible space program,
so that the defensible space program can be enforced using the same abatement
process that is used for nuisance weeds and grasses, and for accumulations of
waste
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS
Section 1. The title of Chapter 8 76 is modified to read as follows.
DEFENSIBLE SPACE, VEGETATION MANAGEMENT AND WASTE
ACCUMULATIONS
Section 2. Section 8 76 010 is modified to read as follows
876010 Purpose and Intent.
The City of Poway is at serious risk of wildfire due to its terrain, with steep
mountainous slopes and valleys, a warm, dry climate, and highly flammable
chaparral vegetation. For this reason, a comprehensive strategy for reducing the
risk of wildfire is necessary This strategy includes the creation of defensible space
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Page 2
by clearing highly flammable chaparral vegetation around structures, and the
Vegetation Management Program, involving the removal of weeds and dry grasses
from private property
The public health and safety is also threatened by the accumulation of waste
material that is left out in the open, such as rubbish, crates, cartons, metal and glass
containers, and vehicle bodies and parts This chapter also provides for the
abatement of accumulated waste material that has been determined to be a public
nuisance
The portions of this chapter related to defensible space shall be interpreted and
implemented in a manner consistent with the City's Wildfire Defensible Space
Program Policy, as adopted by resolution of the City Council.
Section 3. Section 8 76 015 is added as follows.
8 76 015 Definitions
For purposes of this chapter, the words set out in this section shall have the
following meanings.
"Clearing", "brushing" or "grubbing" means the complete removal of vegetation to
bare soil and is not a permitted activity to comply with the requirements of this
chapter
"Defensible space" means an area that is either natural or manmade, where material
capable of allowing a fire to spread unchecked has been treated or modified to slow
the rate and intensity of an advancing wildfire, and to allow an area for fire
suppression operations Defensible space does not require clearing, brushing,
grubbing, grading or the exposure of bare soil.
"Director of Development Services" means the Director of Development Services or
his or her designee
"Fire Marshal" means the Fire Marshal or his or her designee
"Fuel, light" means vegetation consisting of herbaceous plants and round wood less
than 1/4 inch in diameter Light fuels include, but are not limited to western
grasslands vegetated by annual or perennial grasses and/or weeds
"Heritage tree" means any mature tree or mature stand of trees designated by the
City Council as having historic or cultural significance
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"Highly flammable chaparral vegetation" means species that provide large fuel loads
such as sumac, scrub oak, chamise, and sage. It does not include low-fuel load
species such as toyon, yucca, lemonade berry, and other similar types of plants
'''Structure'' means any of the following: a) buildings designed primarily for human
use, including attached structures such as garages, or b) buildings designed to
house large animals "Structure" does not include sheds, storage buildings, or
detached garages that are not designed for human use or the housing of large
animals.
"Thinning" means the reduction of fuel by methods such as mowing and trimming
that leave the plant root intact to stabilize the soil. Thinning includes the cutting of
highly flammable chaparral species to within six (6) to twelve (12) inches ofthe soil.
"Waste material" means unused or discarded matter having no substantial market
value, which is exposed to the elements and is not enclosed in any structure or
otherwise concealed from public view, and which consists, without limitation or
exclusion by enumeration, of such matter and material as
A. Rubble, asphalt, concrete, plaster, tile,
B. Rubbish, crates, cartons, metal and glass containers,
C Vehicle bodies and parts.
Section 4. Section 8 76 020 is modified to read as follows.
8 76 020 Discretion.
Where discretion is given in this chapter to determine a public nuisance or
reasonable probability thereof or any material question of fact raised in this chapter,
that discretion shall lie with the Director of Development Services or Fire Marshal.
Section 5. Section 8 76 030 is modified to read as follows
8 76 030 Defensible Space - Highly Flammable Chaparral Vegetation
A. Declaration of Nuisance
All Highly flammable chaparral vegetation, and dead or dying trees or shrubs,
growing upon the streets, sidewalks, or upon private property within the City, which
by reason of their size, manner of growth, and location constitute a fire hazard to any
Structure, improvements, crops or other property, are declared by this chapter to be
a public nuisance A dead or dying tree or shrub shall not be classified as a public
nuisance unless the tree or shrub is in a condition that constitutes a fire hazard
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B Nuisance per se
Any vegetation of a type described in subsection (A) that is located within 100 feet of
a Structure shall constitute a public nuisance per se
C Exceptions.
The following types of vegetation shall not be subject to reduction or removal
pursuant to this chapter'
1 Low-flammability plant species, including but not limited to toyon, yucca,
and lemonade berry
2. Ornamental landscaping.
3. Heritage trees.
4 Vegetation within streambeds, banks, and vernal pools.
D Reduction or removal of hiohlY flammable chaparral veoetation
1 All vegetation which constitutes a public nuisance pursuant to section 8 76 030
shall be reduced or removed as determined necessary by the Director of
Development Services or Fire Marshal. Highly flammable chaparral vegetation shall
be reduced only by Thinning, and not by Clearing, Brushing, Grubbing or grading.
2 In the case of Light fuel vegetation which is located on a slope of less than forty
(40) percent, the Fire Marshal may require a Defensible space area of less than one
hundred (100) feet from a Structure However, in no case shall the required
Defensible space area be less than fifty (50) feet from a Structure.
3 In the case of vegetation that is within a recorded Biological Conservation
Easement, any habitat that is required to be removed pursuant to this chapter shall
be mitigated in kind by the property owner at a 1 1 ratio
Section 6. Section 8 76 035 is added as follows
8 76 035 Vegetation Management - Weeds and dry grasses
A. All weeds, dry grasses, dead shrubs, dead or dying trees, rubbish, or any
material growing upon the streets, sidewalks, or upon private property within the
City, which bears seeds of a wingy or downy nature or which by reason of their
size, manner of growth. and location constitute a fire hazard to any building,
improvements, crops or other property, and weeds and grasses which, when dry,
will in reasonable probability constitute such a fire hazard, are declared by this
chapter to be a public nuisance
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B Cultivated and useful grasses and pasture will not be declared a public nuisance
However, if the Director of Development Services or Fire Marshal determines it
necessary to protect adjacent improved property from fire exposure, vegetative
management may be required
Section 7. Section 8 76 040 is modified to read as follows.
8 76 040 Waste matter
Waste matter as defined in this chapter, which by. reason of its location and
character is unsightly and interferes with the reasonable enjoyment of property by
neighbors, or which would materially hamper or interfere with the prevention or
suppression of fire upon the premises, or the abatement of a nuisance, is declared a
public nuisance
Section 8: Section 8 76 050 is modified to read as follows.
8 76 050 Notice to clean premises
If it is determined that a public nuisance, as defined in this chapter, exists on any lot
or premises, or upon any sidewalk, parking lot or street adjacent to such lot or
premises, the Director of Development Services or Fire Marshal shall cause a notice
to be issued to abate such nuisance. Such notice shall be headed
NOTICE TO CLEAN PREMISES
in letters not less than one inch in height and which shall, in legible characters, direct
the abatement of the nuisance and refer to this chapter and section for particulars.
Notices served by means of other than posting as provided by this chapter shall
contain a description of the property in general terms reasonably sufficient to identify
the location of the nuisance
Section 9: Section 8 76 080 is modified to read as follows.
8 76 080 Time limit for abatement of nuisance.
It shall be the duty of the owner, the agent of the owner, or the person in possession
of any lot or premises in the City to abate the nuisance within the time frame set
forth in the notice
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Section 10: Section 8 76 090 is modified to read as follows.
8 76 090 Abatement of nuisance by Director of Development Services or Fire
Marshal.
If the owner, agent of the owner, or the person in possession of the lot or premises
fails or neglects to abate the nuisance as defined in this chapter, within the time
specified in this chapter, the Director of Development Services or Fire Marshal shall
cause such nuisance to be abated. The abatement work may be done by City crews
or by private contractor A report of the proceedings and an accurate account of the
cost of abating the nuisance on each separate property shall be filed with the City
Council
Section 11. Section 8 76100 is modified to read as follows
8 76 100 Obligation of City Clerk.
The City Clerk shall thereupon set the report and account for hearing by the City
Council at the first regular or adjourned meeting which will be held at least seven
and no more than 30 calendar days after the date of filing, and shall post a copy of
said report and account and notice of the time and place of hearing in a conspicuous
place at or near the entrance of City Hall.
Section 12: Section 8 76 110 is modified to read as follows.
8 76 110 Hearing before City Council.
The City Council shall consider the report and account at the time set for hearing,
together with any written objections or protests by any owner or authorized agent of
the property Any owner of land or person interested therein may present a written or
oral protest or objection to the report and account. At the conclusion of the hearing,
the City Council shall either approve the report and account as submitted, or as
modified or corrected by the City Council. The amounts so approved shall be liens
upon the respective lots or premises, and the City Council shall adopt a resolution
assessing said amounts as liens upon the respective parcels of land as they are
shown upon the last available assessment roll, and determining that such
vegetation, and/or waste matter constitute a public nuisance. The City Clerk shall
prepare and file with the County Assessor a certified copy of such resolution of the
City Council.
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Section 13: Section 8 76 130 is modified to read as follows
8 76 130 Government Code provisions adopted, and collection of assessments.
The provisions of Sections 39580 through 39586, inclusive, of the Government Code
of the State, and any amendments thereto, are incorporated by reference and made
a part of this chapter The County Auditor shall enter each assessment in the County
tax roll opposite the parcel of land. The amount of the assessment shall be collected
at the time and in the manner of ordinary municipal taxes, and, if delinquent, the
amount is subject to the same penalties and procedure of foreclosure and sale as is
provided for ordinary municipal taxes
EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty
(30) days after the date of this passage, and before the expiration of fifteen (15)
days after its passage, it shall be published once with the names and members
voting for and against the same in the Po way News Chieftain, a newspaper of
general circulation published in the City of Poway
Introduced and first read at a regular meeting of the City Council of the City of
Poway held this 5th day of August 2008 and thereafter PASSED AND ADOPTED at
a regular meeting of said City Council held the 19th day of August 2008, by the
following roll call vote
AYES EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT BOYACK
DISQUALIFIED' NONE
ATTEST
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Salam Hasenin, City Clerk