ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMARILLO, CALIFORNIA, ESTABLISHING LOCAL STANDARDS
AND PROCEDURES FOR CLEANUP OF DEBRIS GENERATED BY THE
MOUNTAIN FIRE AND ESTABLISHING ENFORCEMENT STANDARDS
AND AUTHORIZING THE ABATEMENT OF PUBLIC NUISANCE
WHEREAS, this urgency ordinance is adopted pursuant to Government Code Section 36934 and shall take effect immediately upon its four-fifths or greater approval by the City Council. The City Council finds that this ordinance is necessary for the immediate preservation of the public peace, health and safety, based upon the following facts.
WHEREAS, a large number of residential structures were burned in the Mountain Fire that started on November 6, 2024; and
WHEREAS, the potential for widespread toxic exposures and threats to public health and the environment exists in the aftermath of a major wildfire disaster. Debris and ash from residential structure fires can contain hazardous substances and the detrimental health effects of hazardous substances releases after a wildfire are well documented; and WHEREAS, the combustion of building materials such as siding, roofing tiles, and insulation can result in dangerous ash that contains asbestos, heavy metals, and other hazardous materials. Household hazardous waste such as paint, gasoline, cleaning products, pesticides, compressed gas cylinders, and chemicals may have been stored in homes, garages, or sheds that may have also burned in the fire, also producing hazardous materials; and
WHEREAS, exposure to hazardous substances may lead to acute and chronic detrimental health effects and may potentially cause long-term detrimental public health and environmental impacts. Uncontrolled hazardous materials and debris pose significant threats to public health through inhalation of dust particles and contamination of drinking water supplies. Improper handling can expose workers to toxic materials, and improper transport and disposal of fire debris can spread hazardous substances throughout the community; and
WHEREAS, standards and removal procedures are needed immediately to protect the environment and public health, and to facilitate coordinated and effective mitigation of the risks to the environment and public health from the health hazards generated in the Mountain fire; and
WHEREAS, On November 7, 2024, pursuant to California Health and Safety Code sections 101040 and 101080, the Interim Ventura County Health Officer and Director of Environmental Health Division County of Ventura, issued a Declaration of a Local Emergency and Order Prohibiting the Endangerment of the Community through the Unsafe Removal, Transport, and Disposal of Fire Debris (the “Declaration”); and WHEREAS, The Declaration prohibits removal of fire debris from residential
properties without first obtaining a hazardous materials inspection from the United States Environmental Protection Agency, the California Department of Toxic Substances Control, or the County of Ventura Certified Unified Program Agency. Pending the enactment of additional requirements to address the Mountain fire cleanup, the Declaration requires authorization from the County of Ventura Environmental Health Division before removing fire debris and providing debris bins to property owners for the purposes of the removal of fire debris; and
WHEREAS, on November 12, 2024, the Declaration was ratified by the County Board of Supervisors; and
WHEREAS, it is essential that this ordinance become immediately effective in order to mitigate the harm that could be caused to the public health and safety and to the environment from improper disturbance, removal and/or disposal of debris containing hazardous materials, and to facilitate the orderly response to the Mountain Fire.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMARILLO, CALIFORNIA, DOES DECLARE AND ORDAIN AS FOLLOWS:
Section 1. The above Recitals are true and correct and incorporates them herein by
reference.
Section 2. Environmental Review. The City reviewed the environmental impacts of this activity under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). This activity is exempt from CEQA review pursuant to CEQA Guidelines § 15061(b)(3) as it establishes administrative procedures and will not result in any development or changes to the physical environment. Following an evaluation of possible adverse impacts, it can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment.
Section 3. The Mountain Fire Debris Removal Ordinance is adopted as follows:
“1. Definitions.
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this ordinance. Words and phrases not defined by this chapter have the meaning set forth elsewhere in this Code, the California Business and Professions Code, or California Government Code. “City” means the City of Camarillo.
“City Council” means the City Council of the City of Camarillo. “City Manager” means the City Manager or the designee thereof for the City of Camarillo.
“Director” means the City's Director of Public Works or his designee. “Hearing Officer” means that individual designated by the City Manager to hear appeals properly and timely filed pursuant to this Ordinance. “OES Program” means the fire damage debris clearance program operated by the California Office of Emergency Services for the Mountain fires in conjunction with other state and federal agencies.
“Local Fire Debris Removal Program” (or “Local Program”) means the requirements for inspections and clean up established by the City of Camarillo for structures within the City damaged or destroyed by the Mountain fire. “Fire debris” means any and all ash or debris resulting from the damage to or destruction of structures in the Mountain fire.
“Removal,” “remove” and “removed,” when used in the context of fire debris, means and include all cleanup of fire debris, including removal, transport and disposal of fire debris, but it does not include the removal of personal property from residential sites unless such removal of personal property involves cleanup and the removal of ash from the property.
2. Term of this Ordinance.
This ordinance takes effect immediately upon adoption and will remain in effect until the cleanup of fire debris has been completed on all properties in the City damaged by the Mountain fire.
3. Prohibition on Removal of Fire Debris from Private Property.
No fire debris may be removed from private property unless and until a hazardous materials inspection of the property has been conducted either by the U.S. Environmental Protection Agency or California Department of Toxic Substance Control through the OES Program, or by an entity approved through the Local Fire Debris Removal Program. No fire debris may be removed from private property except through the OES Program or the Local Fire Debris Removal Program.
4. Removal of Fire Debris through the Local Fire Debris Removal Program. (a) The Director will administer the Local Program in the City under the supervision of the City Manager. The Director will utilize the state and federal standards and cleanup goals of the OES Program as the standards for the Local Program. Under the supervision of the City Manager, the Director may administratively update these standards as necessary to address ongoing changes to efficiently remove hazardous fire debris from the community. (b) The Local Program requires an application that identifies the appropriate licensed contractors that will perform the work and the submission of plans that demonstrate that the standards established in the Local Program will be met. Work will not begin until the City, by and through the Director, approves the application.
(c) Upon completion of the work described in the approved plans, the property owner must submit a Property Cleanup Completion Certification to the Director. (d) Notwithstanding any contrary provision in the City’s Building Code or elsewhere in the City’s Municipal Code, a City demolition permit may be required for ash debris removal work for which the Director has issued an approval allowing such work to proceed. (e) Pursuant to the Public Health Emergency Declaration, the County of Ventura’s Director of Environmental Health Division or his/her designee shall be notified of applications to the City’s Local Program. Compliance with the City’s program is sufficient for compliance with the Declaration with respect to properties within the City’s jurisdictional boundaries.
5. Hold on Building Permits.
(a) No City building permit to repair or reconstruct a fire damaged structure or private infrastructure damaged or destroyed by the Mountain fire shall be issued until fire debris cleanup is completed on the affected property in accordance with this ordinance and a Property Cleanup Completion Certification required by the Local Program, or equivalent certification issued through the OES Program, is approved and submitted to the City’s Building Official.
6. Deadlines and Enforcement.
(a) Owners of properties on which there is fire debris that have not been enrolled in the OES Program must submit a Local Fire Debris Removal application to the City no later than January 13, 2025, unless extended by the Director pursuant to subsection (c) below. Any property on which there is fire debris that is not enrolled in the OES Program and has not submitted an application for the Local Program by that date is hereby declared a public nuisance and health hazard.
(b) Cleanup of properties enrolled in the Local Program must be completed no later than March 15, 2025, unless extended by the Director pursuant to subsection (c) below.
Any property enrolled in the Local Program that has not been cleaned up in accordance with the Local Program after that deadline is hereby declared a public nuisance and health hazard.
(c) The Director may change the deadlines set in subsections 6(a) and (b), above, in exigent circumstances or as necessary and appropriate to facilitate the cleanup, avoid undue hardship and protect public health and safety.
(d) The City Council’s intent is to facilitate orderly remediation of a large-scale disaster. Nothing in these deadlines shall limit the authority of the City or any City official to abate hazards more quickly where required by exigent circumstances. Nothing in this ordinance shall limit the authority of the City or any City official to take any enforcement action or pursue any available remedies, including, without limitation, requiring preventive measures as defined in Health and Safety Code Section 101040.
(e) Enforcement and Abatement
(1) Authority to Summarily Abate. The Director is authorized to enter property and summarily abate any public nuisance under this Ordinance. (2) Emergency Abatement Authorized. If a nuisance under this Ordinance constitutes an immediate and serious threat of harm to public health or safety, the Director may enter the property and summarily abate the nuisance without compliance with the procedures prescribed elsewhere in this Ordinance, except that the Director shall give the owner of the subject property such notice and opportunity to be heard as are feasible and appropriate under the circumstances. Immediately following summary abatement, the Director shall notify the owner of the subject property of the abatement. (3) Summary Abatement Procedures.
(i) Pre-Abatement Notice. Prior to commencing abatement, the Director shall issue a Summary Abatement Notice and Order giving reasonable notice of the proposed abatement. The Notice and Order shall be given by mailing a copy to the property owner(s) as listed on the last equalized tax roll. A summary of the Notice and Order shall be posted in a conspicuous location on the property to be abated at least 10 days prior to the summary abatement action.
(ii) Appeal and Waiver. The property owner(s) or any person or entity having a legal interest in the property may submit a written appeal of the Notice and Order to the City Clerk no later than 10 days from the date of mailing of the Notice and Order.
The written appeal shall state the basis for the appeal. The City Clerk shall schedule a hearing with the Hearing Officer on the appeal to be held no more than 15 days from the receipt by the City Clerk of a timely and properly submitted appeal.
The Hearing Officer shall review the appeal and shall issue a written decision no later than five days after the hearing. The Hearing Officer's decision shall uphold, rescind, or modify the determination of the Notice and Order. Failure to appeal within the time prescribed shall constitute a waiver of the right to contest the summary abatement. Failure to appear at the hearing shall limit the Hearing Officer to consider only the written materials submitted by the Property Owner; however, the City shall be entitled to present evidence supporting its case at the hearing. (iii) If the Hearing Officer upholds or modifies the Director's Notice and Order, the Director shall cause an application to be filed with the Superior Court of California for an Inspection and Abatement Warrant pursuant to California Code of Civil Procedure Section 1822.50 et seq. for each parcel, and, upon issuance, to cause the parcel to be inspected and the public nuisance to be abated by the removal of fire debris in a fashion meeting the requirements of this Ordinance. (iv) Post Abatement Notice. After the summary abatement is completed, the Director shall serve the property owner(s) with a post abatement notice that sets forth: (a) The actions taken by the City;
(b) The reasons for the actions;
(c) A report of the costs of abatement with a demand that the costs of abatement be paid within 60 days; and,
(d) That a lien against the property will be recorded for failure to pay within the prescribed time frame in (c).
(4) All costs of enforcement incurred by the City to enforce this Ordinance, and costs of abatement of the public nuisance incurred by the City, shall be the liability of the owners(s) of the property and shall be broken down by parcel. The Director is directed to keep an account of the cost incurred by the City to inspect and abate the public nuisance on each parcel, and to prepare an Itemized Report of the costs incurred by the City. The Itemized Report shall be posted for at least three days on or near the regular place of posting of City notices together with a notice of the time when such Itemized Report shall be submitted to the City Council for confirmation. At the time fixed for receiving and considering the Itemized Report, the City Council shall hear the same together with any objections which may be raised by the property owner(s) of each parcel and shall confirm the Itemized Report with any modifications or amendments made by the City Council.
(5) After confirmation of the Itemized Report, the Director shall transmit the confirmed Itemized Report to the County of Ventura Assessor and the Tax Collector, whereupon it shall be the duty of such officers to add the amounts to the assessment of the respective lots and parcels of land for municipal purposes. In the event the assessment for the abatement, rubbish removal, or any other assessment authorized by this Ordinance is placed on the tax roll, the amounts of the respective assessments shall be entered upon the tax roll opposite the respective parcels of land, and thereafter such amount shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in the case of delinquency as provided for ordinary municipal taxes of the City.
(6) The Finance Director of the City is authorized to receive the amount due for the cost of abating the nuisance pursuant to this Ordinance, and to issue receipts therefore at any time after the confirmation of the Itemized Report and until ten days before a copy of the Itemized Report shall be turned over to the County Tax Collector and Tax Assessor for placement on the County tax roll for collection. (7) Judicial Enforcement Action. The City Attorney is authorized to initiate suits to abate public nuisances as deemed in this Ordinance without further City Council approval. (8) Remedies Not Exclusive. The remedies identified in this Ordinance are in addition to and do not supersede or limit any and all other remedies, civil or criminal, available at law or in equity.”
Section 4. Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
Section 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and every section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.
Section 6. Adoption and Effective Date: This Ordinance shall take effect immediately upon its passage and adoption by a four-fifths or greater vote and the City Clerk is directed to take actions as required for its publication if any.
PASSED, APPROVED, AND ADOPTED on November 20, 2024.
Tony Trembley, Mayor
ATTEST:
Kristy Buxkemper, City Clerk
APPROVED AS TO FORM
_________________________
Rachel Richman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF CAMARILLO )
I, Kristy Buxkemper, City Clerk of the City of Camarillo, do hereby certify that the foregoing Urgency Ordinance No. , was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 2024. That thereafter, said Urgency Ordinance No.
was duly adopted and passed at a Special
meeting of the City Council on the day of , 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Kristy Buxkemper, City Clerk