FAIRFAX TOWN COUNCIL MEETING
STAFF REPORT
AGENDA ITEM #3
MEETING DATE: October 4, 2023
PREPARED FOR: Mayor and Town Council
PREPARED BY: Mark Lockaby Building Official
SUBJECT: Adopt Resolution Declaring the Conditions at 67 Live Oak Road a Public Nuisance and Ordering the Town Manager to Abate the Nuisance APN:001-236-20
RECOMMENDATION
Staff recommends the Town Council adopt the attached Resolution declaring the conditions on the property to be a public nuisance and specifically:
1. Order the Town Manager to cause the abatement of the nuisance by hiring a contractor to remove the various debris on and under the carport.
2. Hire a towing company to remove the inoperable Honda Element Automobile
3. Prior to abatement by a contractor and towing company, the owner will be given notice and a final tenday period of time in which to remedy the listed Code violations on the property. Any abatement will be completed in accordance with applicable law.
4. Town staff will return to Council at a future date to report on the abatement and request the costs of abatement be charged to the property owners as a special assessment lien on the property.
BACKGROUND
The Town has had issues with this property going back to 2008 when it was brought before the council for an abatement hearing. Prior to the hearing multiple Notice of Violation letters were sent to the property owner, and we spoke with the owner onsite to discuss the issues. The property owner ignored the letters, and verbal requests. About a week before the scheduled abatement hearing the owner started cleaning up the property. By the time the hearing was scheduled the site had been satisfactorily cleaned up.
The property stayed clean for quite a while but slowly over the years items started piling up again, and additionally an inoperable vehicle was abandoned in the driveway.
In August of 2021 we started getting complaints about an infestation of rats in and around the subject property.
Neighbors in the area spent considerable funds to hire contractors to construct exclusionary systems to keep the rats from entering their homes. A joint inspection from the public right of way was conducted with Town staff, and a staff member from Marin-Sonoma Vector control. It was confirmed that there was a rat infestation due to multiple harborage points, open food items, water in bowls, and especially the abandoned vehicle.
Since the inspection several notice of violation letters have been sent, and 1 citation. At this time the only changes that have been observed are the removal of the water bowls, and no open food items are visible.
The Marin Housing Authority offers low-cost loans to residents to help them with issues like this. The program handouts have been provided to Ms. Bagan.
On September 22, 2021, Town staff had a joint inspection with a staff member from Marin/Sonoma Mosquito and Vector Control.
2 On November 3, 2021, a notice of violation was sent to the property owner along with the report from Marin/Sonoma Mosquito and Vector Control.
On February 7, 2022, I inspected the property, and no apparent changes had been made so a second notice of violations was sent to the property owner that included a warning that citations would be issued.
On March 25, 2022, I inspected the property, and no apparent changes were made so a citation in the amount of $100.00 was issued to the property owner.
On July 7, 2023, I inspected the property, and no changes were made so another notice of violations was sent to the property owner.
DISCUSSION
Town Code Violations:
§ 1.12.045 SUBSTANDARD OR DANGEROUS PROPERTY CONDITIONS.
No occupant shall cause or allow any condition on its property, or on an adjacent sidewalk, which unreasonably increases the risks to public safety or public health, or which results in substantial detriment to the property of others in the immediate vicinity thereof. Such conditions include but are not limited to the following:
(D) A property maintained so poorly that it is out of conformity with community maintenance standards as set forth in this Code or otherwise by the town, and which substantially diminishes the use of neighboring properties.
(F) An accumulation of litter, refuse, rubbish, lumber, debris, salvage materials which are visible from public or private property or otherwise in violation of this Code. (G) Abandoned, discarded or unused furniture, bedding, appliances, sinks, machinery, toilets, cabinets, or other fixtures or equipment stored in a place visible from public or private property. (K) The presence of abandoned, dismantled, wrecked or inoperable motor vehicles, motorcycles, recreational vehicles, trailers, campers, boats or parts thereof, except when such vehicles are completely enclosed within a building in a lawful manner where they are not visible from the street or other public or private property.
(M) Maintenance of any premises in any manner which is unsightly or unsanitary because of the presence of animal excrement.
(P) The accumulation of any kind of combustible material.
Fire Code Violations:
304.1 Waste accumulation prohibited. Combustible waste material creating a fire hazard shall not be allowed to accumulate in buildings or structures or upon premises. 304.2 Storage. Storage of combustible rubbish shall not produce conditions that will create a nuisance or a hazard to the public health, safety, or welfare.
504.1 Required access. Exterior doors and openings required by this code, or the California Building Code shall be maintained readily accessible for emergency access by the fire department. 3 Ms. Bagan has ignored the Town’s requests to clean up the property and remove the inoperable vehicle. The requests have been in writing by mail, posted at the property, and verbally by Town staff. The conditions on the property are an unfair, ongoing burden on the surrounding property owners, and are in violation of the Town municipal code, and Fire Codes. Staff recommends the Town Council adopt the attached resolution 23-__ declaring the conditions on the property to be a public nuisance.
FISCAL IMPACT
The cost to tow the vehicle, and cleanup costs will be borne by Ms. Bagan.
ATTACHMENTS
Attachment A – Proposed Resolution re Nuisance Abatement at 67 Live Oak Attachment B – Marin/Sonoma Vector Control Report 10-13-2021 Attachment C - Fairfax Notice of Violation 11-3-2021
Attachment D – Fairfax Notice of Violation 2-7-2022
Attachment E – Fairfax Citation 3-25-2022
Attachment F – Fairfax Notice of Violation 7-7-2023
Attachment G – Notice of Hearing 9-25- 2023
Attachment H – Marin Housing Loan Information
Attachment I – Fire Code Violations
Attachment J – Photo 1
Attachment K – Photo 2
Attachment L – Photo 3
Attachment M – Photo 4
Attachment N – Photo 5
Attachment O – Photo 6
Attachment P – Photo 7
RESOLUTION 23-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX DECLARING THE CONDITIONS AT 67 LIVE OAK A PUBLIC NUISANCE AND
ORDERING THE TOWN MANAGER TO ABATE THE NUISANCE
WHEREAS, the California Government Code sections 38771 et seq. and the Fairfax Town Code (“Code”) Chapter 1.12 provide for the declaration of a public nuisance on private property that is being maintained in violation of the Town Code; and
WHEREAS, the Town Council may order the Town Manager to abate any public nuisance; and
WHEREAS, the property at 67 Live Oak in Fairfax (assessor’s parcel number 001-236- 20) is being maintained in violation of provisions of the Town Code, the California Building Code and the California Fire Code; and
WHEREAS, the specific violations include the following:
1) Town Code sections 1.12.045 D, F, G, K, M, P, 8.12.110, and 8.12.120. 2) Fire Code sections 304.1, 304.2, 504.1; and
WHEREAS, the nuisance conditions consist of a large amount of accumulated items and debris in a carport area in front of the front entrance to the residence and include, but are not limited to, flowerpots, bowls, planters, wicker baskets, step ladders, battery charger, cast pillar, boxes, flowerpot holders, plastic spools, tarps, soft plastic coolers, heavy plastic shopping bags, paper bags, chairs, garden tools, pet carriers, watering cans, canned food, jarred food, plates, shelves, luggage, magazines, rugs, hose carriers, bins, bamboo blinds, and many other unidentifiable items buried under other items; and WHEREAS, the property owner has been notified of the violations and nuisance conditions and have failed to bring the property into compliance with applicable Codes, and
WHEREAS, the property owner was notified of the Town Council hearing on this matter.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Fairfax as follows:
1. The property at 67 Live Oak in Fairfax, assessor’s parcel number 001-236-20, is being maintained in violation of Town Code sections 1.12.045 D, F, G, K, M, P,
8.12.110, and 8.12.120, and Fire Code sections 304.1, 304.2, and 504.1,
ATTACHMENT A
2. The listed conditions existing at 67 Live Oak are hereby declared to be a public nuisance.
3. The Town Council authorizes and orders the Town Manager to abate the nuisance by hiring a contractor to remove the accumulation of items from the area of the carport.
4. This Resolution shall become effective immediately upon adoption.
The foregoing Resolution was duly passed and adopted at a Regular Meeting of the Town Council of the Town of Fairfax held in said Town on the 4th day of October 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
______________________________
Chance Cutrano, Mayor
Attest:
___________________________
Michele Gardner, Town Clerk
595 Helman Lane
Cotati, CA 94931
1.800.231.3236 or 707.285.2200
707.285.2210 fax
www.msmosquito.com
Philip D. Smith
District Manager
BOARD OF TRUSTEES
Pamela Harlem,
President
San Rafael
Laurie Gallian
1 st Vice President
Sonoma
Richard Snyder
2 nd Vice President
Belvedere
Carol Pigoni,
President
Cloverdale
Tamara Davis
Sonoma County At Large
Diana Rich
Sebastopol
Ranjiv Khush
San Anselmo
Shaun McCaffery
Healdsburg
Herb Rowland Jr.
Novato
Gail Bloom
Larkspur
Morgan Patton
Marin County at Large
Art Deicke
Santa Rosa
Ed Schulze
Marin County At Large
David Witt
Mill Valley
Susan Hootkins
Petaluma
Bruce Ackerman
Fairfax
Julia Ettlin
Windsor
Monique Predovich
Ross
Cathy Benediktsson
Tiburon
Veronica Siwy
Rohnert Park
October 13, 2021
Mr. Mark Lockaby
Town of Fairfax
145 Solinas Road
Fairfax Ca, 94930
Re: Rodent Inspection at 67 Live Oak Avenue - September 22, 2021 Dear Mr. Lockaby,
Thank you for contacting the Marin/Sonoma Mosquito and Vector Control District and facilitating a rodent inspection for the exterior of the home and property located at 67 Live Oak Avenue, Fairfax on September 22, 2021. This letter will serve as a post inspection report. The resident of 67 Live Oak Avenue was not home during our inspection, so my observations were limited to the exterior of the home. I made the following observations during the inspection:
- There was a large pile of items on the front porch.
- There were several bowls containing water on the ground, at the front left corner of the home.
- There was a car in the front yard. It appeared that the car had not moved or been used for an extended period. There was a substantial amount of rat droppings underneath the car. It is possible that rats are nesting in the car.
My recommendations to achieve source reduction and minimize rodent habitat are the following:
- The pile of items on the front porch needs to be cleaned up to eliminate potential rodent harborage.
- The water bowls at the front of the home need to be removed. If the bowls are in place to provide water for pets, watering stations that require the pet to manually obtain the water should be utilized.
- Abandoned and/or inoperable vehicles can provide excellent harborage for rodents. If the car in the front yard is not planned for use it should be removed or stored in a secure area that would preclude rodent access. - I recommend a follow up inspection once the issues I have outlined have been addressed.
Information can be obtained from the District's website regarding rodent clean up safety, procedures, and exclusionary work. https://www.msmosguito.org/rats Please feel free to contact me at 707-285-2200 if you have questions or concerns.
ATTACHMENT B
ATTACHMENT C
T O W N O F F A I R F A X
142 Bolinas Road, Fairfax, California 94930
(4 1 5) 4 5 3 - 1 5 8 4 / Fax (4 1 5) 4 5 3 - 1 6 1 8
November 3, 2021
Certified Letter #7020 3160 0002 3089 8885
Copy Sent 1st Class Mail
Joanne Bagan
67 Live Oak Avenue
Fairfax, CA 94930
Re: 67 Live Oak, Substandard Property Conditions
Notice of Violations
Dear Ms. Bagan,
On September 22, 2021, at the request of numerous area residents, I, and Tony Russo from Marin/Sonoma Vector Control inspected your property located at 67 Live Oak here in Fairfax.
The purpose of the inspection was to confirm the presence of rodents. The presence of rodents was confirmed. This condition is a violation of the 2015 International Property Maintenance Code, and the Fairfax Municipal Code. Specifically, sections:
PMC 309.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent re-infestation.
302.1 Sanitation. Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condition.
302.5 Rodent Harborage. Structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions must be taken to eliminate rodent harborage and prevent reinfestation. § 1.12.045 SUBSTANDARD OR DANGEROUS PROPERTY CONDITIONS.
No occupant shall cause or allow any condition on its property, or on an adjacent sidewalk, which unreasonably increases the risks to public safety or public health, or which results in substantial detriment to the property of others in the immediate vicinity thereof. Such conditions include but are not limited to the following: ATTACHMENT D (D) A property maintained so poorly that it is out of conformity with community maintenance standards as set forth in this Code or otherwise by the town, and which substantially diminishes the use of neighboring properties.
(F) An accumulation of litter, refuse, rubbish, lumber, debris, salvage materials which are visible from public or private property or otherwise in violation of this Code. (K) The presence of abandoned, dismantled, wrecked or inoperable motor vehicles, motorcycles, recreational vehicles, trailers, campers, boats or parts thereof, except when such vehicles are completely enclosed within a building in a lawful manner where they are not visible from the street or other public or private property.
(M) Maintenance of any premises in any manner which is unsightly or unsanitary because of the presence of animal excrement.
(N) Maintenance of any premises in any manner which is unsightly or unsanitary because of the presence of stagnant water which acts as a mosquito or other insect or disease breeding ground; rotting produce; or a substance which produces a noxious odor; provided, however, that this section shall not be construed to prohibit composting of reasonable amount of yard waste. (P) The accumulation of any kind of combustible material.
These conditions must be addressed within 30 days from the date of this letter, by removing the items in the driveway area, removing the abandoned car, and removing the water bowls.
If you have questions regarding this matter, or need financial assistance in order to comply, please feel free to contact me.
Sincerely,
Mark Lockaby
Building Official
T O W N O F F A I R F A X
142 Bolinas Road, Fairfax, California 94930
(4 1 5) 4 5 3 - 1 5 8 4 / Fax (4 1 5) 4 5 3 - 1 6 1 8
February 7, 2022
Posted Onsite
Copy Sent 1st Class Mail
Joanne Bagan
67 Live Oak Avenue
Fairfax, CA 94930
Re: 67 Live Oak, Substandard Property Conditions
Notice of Violations
Dear Ms. Bagan,
It has been 60 days since you were sent the notice of violations, and I spoke with you in person about the issues. To date no noticeable improvements have been made.
Once again the presence of rodents was confirmed on your property, and in the abandoned vehicle. This condition is a violation of the 2015 International Property Maintenance Code, and the Fairfax Municipal Code. Specifically, sections:
PMC 309.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent re-infestation.
302.1 Sanitation. Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condition.
302.5 Rodent Harborage. Structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions must be taken to eliminate rodent harborage and prevent reinfestation. § 1.12.045 SUBSTANDARD OR DANGEROUS PROPERTY CONDITIONS.
No occupant shall cause or allow any condition on its property, or on an adjacent sidewalk, which unreasonably increases the risks to public safety or public health, or which results in substantial detriment to the property of others in the immediate vicinity thereof. Such conditions include but are not limited to the following:
(D) A property maintained so poorly that it is out of conformity with community maintenance standards as set forth in this Code or otherwise by the town, and which substantially diminishes the use of neighboring properties.
(F) An accumulation of litter, refuse, rubbish, lumber, debris, salvage materials which are visible from public or private property or otherwise in violation of this Code. (K) The presence of abandoned, dismantled, wrecked or inoperable motor vehicles, motorcycles, recreational vehicles, trailers, campers, boats or parts thereof, except when such vehicles are completely enclosed within a building in a lawful manner where they are not visible from the street or other public or private property.
(M) Maintenance of any premises in any manner which is unsightly or unsanitary because of the presence of animal excrement.
(N) Maintenance of any premises in any manner which is unsightly or unsanitary because of the presence of stagnant water which acts as a mosquito or other insect or disease breeding ground; rotting produce; or a substance which produces a noxious odor; provided, however, that this section shall not be construed to prohibit composting of reasonable amount of yard waste. (P) The accumulation of any kind of combustible material.
These conditions must be addressed within 30 days from the date of this letter, by removing the items in the driveway area, removing the abandoned car, and removing the water bowls. Failure to comply will result in the Town issuing an initial Administrative Citation in the amount of $100.00, and continued failure to comply will result in fines increasing to $200.00 on the second citation and then to $500.00 for each one thereafter. Citations may be issued every day until compliance is achieved. Unpaid fines will be placed as a lien on the property.
If you have questions regarding this matter, or need financial assistance in order to comply, please feel free to contact me.
Sincerely,
Mark Lockaby
Building Official
WHITE (VIOLATION COPY) CANARY (INSPECTOR COPY) PINK (TOWN CLERK) Town of Fairfax Citation No:
Department of Planning and Building Services 22-325
NOTICE OF ADMINISTRATIVE
CODE ENFORCEMENT CITATION
142 BOLINAS ROAD
FAIRFAX, CA 94930
(415) 453-1584
Date: 3-25-2022 Time: 1:15pm
An inspection of the premises located at 67 Live Oak in the Town of Fairfax, revealed a violation(s) of the Fairfax Municipal Code.
Name of owner or business: Joanne Bagan
Address if different than
violation:
X 1ST. CITATION $100.00...............IS NOW DUE AND PAYABLE.
THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES. OTHER ENFORCEMENT
PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO INGNORE THIS CITATION.
2ND. CITATION $200.00...............IS NOW DUE AND PAYABLE. 3RD. CITATION $500.00...............IS NOW DUE AND PAYABLE.
YOU WERE ADVISED AND/OR WARNED OF THIS VIOLATION ON
AND YOU HAVE NOT CORRECTED AND/OR RESOLVED THE VIOLATION(S).
TOWN OF FAIRFAX
MUNICIPAL CODE
DESCRIPTION OF VIOLATION(S)
PMC 309.1 Infestation, 302.1 Sanitation, 302.5 Rodent Harborage, TC 1.12.045 Substandard, or Dangerous Property Conditions
TO CORRECT THIS VIOLATION:
Remove items in the driveway area, remove abandoned
car, remove water bowls.
RECEIPT ACKNOWLEGED by: DATE
SIGNATURE OF INSPECTING OFFICIAL: PRINT NAME
VIOLATION CLEARED DATE: (DATE INSPECTED).
Any person aggrieved by the action of an administration official, advisory body, or the commission, in the administration or enforcement of this title, may make verified application to the Town Clerk in the manner prescribed by the Town Council within ten days of this action FTC 17.20.020.
ATTACHMENT E
T O W N O F F A I R F A X
142 Bolinas Road, Fairfax, California 94930
(4 1 5) 4 5 3 - 1 5 8 4 / Fax (4 1 5) 4 5 3 - 1 6 1 8
NOTICE OF VIOLATIONS
DELIVERED VIA UNITED STATES MAIL AND POSTED ON THE SUBJECT PROPERTY July 7, 2023
Joanne Bagan
67 Live Oak Avenue
Fairfax, CA 94930
Re: 67 Live Oak, Fairfax, California – Substandard Property Conditions Dear Ms. Bagan,
This letter serves as a Notice of Violation for violations of the 2015 International Property Maintenance Code (“IPMC”), and the Fairfax Municipal Code (“FMC”) on your property located at 67 Live Oak, Fairfax, California (“Subject Property”). Since 2009, the Town of Fairfax (“Town”) has made efforts to coerce your compliance. On March 25, 2022, the Town issued an Administrative Citation to you regarding the Subject Property, which you failed to comply within the compliance deadline. The Town is now issuing this Notice of Violation for nuisance conditions on the Subject Property, specifically, sections:
IPMC 309.1 [Infestation]. All structures shall be kept free from insect and rodent infestation.
All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent re-infestation.
IPMC 302.1 [Sanitation]. Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condition.
IPMC 302.5 [Rodent Harborage]. Structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions must be taken to eliminate rodent harborage and prevent re-infestation.
FMC 1.12.045 [Substandard Or Dangerous Property Conditions]. No occupant shall cause or allow any condition on its property, or on an adjacent sidewalk, which unreasonably increases the risks to public safety or public health, or which results in substantial detriment to the property of others in the immediate vicinity thereof. Such conditions include but are not limited to the following: ATTACHMENT F
(D) A property maintained so poorly that it is out of conformity with community maintenance standards as set forth in this Code or otherwise by the town, and which substantially diminishes the use of neighboring properties. (F) An accumulation of litter, refuse, rubbish, lumber, debris, salvage materials which are visible from public or private property or otherwise in violation of this Code. (K) The presence of abandoned, dismantled, wrecked or inoperable motor vehicles, motorcycles, recreational vehicles, trailers, campers, boats or parts thereof, except when such vehicles are completely enclosed within a building in a lawful manner where they are not visible from the street or other public or private property. (M) Maintenance of any premises in any manner which is unsightly or unsanitary because of the presence of animal excrement.
(N) Maintenance of any premises in any manner which is unsightly or unsanitary because of the presence of stagnant water which acts as a mosquito or other insect or disease breeding ground; rotting produce; or a substance which produces a noxious odor; provided, however, that this section shall not be construed to prohibit composting of reasonable amount of yard waste.
(P) The accumulation of any kind of combustible material.
The above-mentioned violations must be corrected within 30 days from the date of this Notice of Violation, by removing the items in the driveway area, and removing the abandoned car. If the aforementioned violations are not corrected within 30 days, the Town will issue an Administrative Citation in the amount of $100.00. If you continue to fail to comply, subsequent Administrative citations will be issued increasing to a fine amount of $500.00. Administrative Citations may be issued every day until compliance is achieved.
If you have questions regarding this matter or need financial assistance in order to comply, please feel free to contact me.
Sincerely,
Mark Lockaby
Building Official
Code Enforcement Officer
Town of Fairfax
T O W N O F F A I R F A X
142 Bolinas Road, Fairfax, California 94930
(4 1 5) 4 5 3 - 1 5 8 4 / Fax (4 1 5) 4 5 3 - 1 6 1 8
Notice of Hearing to Declare a Public
Nuisance and Order Abatement
September 22, 2023
Joanne Bagan
67 Live Oak Ave.
Fairfax, CA 94930
Re: Code Violations on 67 Live Oak Ave. APN. 001-236-20 Posted at: 67 Live Oak September 25, 2023
Please be advised that on October 4, 2023 at 7:00 p.m. at the Fairfax Woman’s Club, 46 Park Road, Fairfax, CA, the Town Council of the Town of Fairfax will hear evidence that the above listed property is being maintained in violation of applicable provisions of the Town Code. You are hereby notified that you or any other interested person may appear and present evidence or testimony as to why the Town Council should not declare the property a public nuisance, order abatement of the conditions constituting a nuisance, and make the costs of abatement a special assessment lien against the property.
If you have any questions concerning this matter, please contact Mark Lockaby 415-458-2370.
Sincerely,
Mark Lockaby
Building Official
ATTACHMENT G
The CalH01ne OwnerOccupied Rehabilitation
Progra1n offers low-interest
property improven1ent loans
and technical assistance to
lower-incon1e ho1neowners in
Marin County for necessary
hon1e repairs.
& WWW.MARINHOUS!NG.ORG @
ATTACHMENT H
Ions (208 L). Fuel sources or heating elements shall not be allowed as part of a hi-boy.
303.8 Roofing kettles. Roofing kettles shall be constructed of noncombustible materials.
303.9 Fuel containers under air pressure. Fuel containers that operate under air pressure shall not exceed 20 gallons (76 L) in capacity and shall be approved.
SECTION 304
COMBUSTIBLE WASTE MATERIAL
304.1 Waste accumulation prohibited. Combustible waste
material creating a fire hazard shall not be allowed to accumulate in buildin°s or structures or [California Code of Regulations, Title 19, Division I,
§3.07(a)] Clearances.
(a) General. No combustible material shall be placed or stored within 10 feet of any building or structure.
304.1.1 Waste material. Accumulations of wastepaper,
wood, hay, straw, weeds, litter or combustible or flammable waste or rubbish of any type shall not be permitted to remain on a roof or in any court, yard, vacant lot, alley, parking lot, open space, or beneath a grandstand, bleacher, pier, wharf, manufactured home, recreational vehicle or other similar structure.
304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant
of the premises. Vegetation clearance requirements in
urban-wildland interface areas shall be in accordance with Chapter 49.
[California Code of Regulations, Title 19, Division 1,
§3.07(b)J Clearances.
(b) Grot111d Clearance. The space surrounding every
building or structure shall be maintained i11 accordance with the following:
Any person that owns, leases, controls, operates, or
maintains any building or structure in, upon, or adjoining any mountainous area or forest-covered lands, brush covered lands, or grass-covered lands, or any
land which is covered withfla111111able material, shall at all times do all of the following:
( 1) Maintain around and adjace11t to such building
or structure a firebreak made by removing and
clearing away, for a distance of not less tha11 30 feet on each side thereof or to the property line, whichever is nearer, all flammable vegetation or other combt1stible growth. This section does not apply to
single specimens of trees, ornamental shrubbe,y, or
similar plants which are used as ground cover, if
they do not form a means of rapidly transmitting fire
f
rom the native growth to a11y building or structure.
(2) Maintain around and adjacent to any such building or structure additional fire protection or firebreak made by removing all bush, flammable vegetation, or combustible growth which is located
GENERAL REQUIREMENTS
from 30 feet to JOO.feet from such building or strllcture or to the property line, whichever is nearer, as may be required by the enforcing agency if he finds
that, because of extra hazardous conditions, a firebreak of only 30 feet around such building or stntcture is nor sufficient to provide reasonable fire safety. Grass and other vegetation located more
than 30 feet f
rom such building or structure and less
than 18 inches in height above the ground may be
maintained where 11ecessa,y to stabilize the soil and
prevent erosion.
( 3) Remove that portion of any tree which extends
withi11 JO feet of the outlet of any chimney or stovepipe. (4) Cut and remove all dead or dying portions of
trees located adjacent to or overhanging any building. (5) Maintain the roof of any structure fr
ee of leaves,
needles, or other dead vegetative growth.
(6) Provide a11d maintain at all times a screen over
the outlet of every chimney or stovepipe that is
attached to any fireplace, stove, or other device that
burns a11y solid or liquid fuel. The screen shall be
co11structed of 11onflammable material with openings of not more than 1 12 inch in size.
(7) Vegetation around all applicable buildings and
structures shall be maintained i11 accordance with
the following laws and regulations:
(A) Public Resources Code Section 4291.
(BJ California Code of Regulations Title 14 - Natural
Resources, Division 1.5 - Department of Forest1y and
Fire Protection, "General Guideline to Create Defensible Space." (C) California Govemme11t Code Section 51182.
( D) California Code of Regulations, Title 24, Part 9.
304.1.3 Space underneath seats. Spaces underneath
grandstand and bleacher seats shall be kept free from combustible and flammable materials. Except where enclosed in not less than I-hour fire-resistance-rated construction in accordance with the California Building Code, spaces
underneath grandstand and bleacher seats shall not be
occupied or utilized for purposes other than means of
egress.
304.2 Storage. Storage of combustible rubbish shall not produce conditions that will create a nuisance or a hazard to the public health, safety or welfare.
304.3 Containers. Combustible rubbish, and waste material kept within or near a structure shall be stored in accordance with Sections 304.3.1 through 304.3.4.
[Califomia Code of Regulations, Title 19, Division 1,
§3.19(b) and (c)] Housekeeping.
Every building or portion of a building governed by California Code of Regulations, Title 19, Division I regulations shall be maintained i11 a near orderly manner, free from any condition that would create a fire or life hazard or a condiATTACHMENT 69 I
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