Ord. 695 – Page 1
ORDINANCE NO. 695
(AS AMENDED THROUGH 695.4)
AN ORDINANCE OF THE COUNTY OF RIVERSIDE
AMENDING ORDINANCE NO. 695 REQUIRING THE
ABATEMENT OF HAZARDOUS VEGETATION
The Board of Supervisors of the County of Riverside ordains as follows:
Section 1. Ordinance No. 695 is hereby amended in its entirety to read as follows:
Section 1
. FINDINGS.
A. It is the intent of the Board of Supervisors th at this ordinance shall apply to the abatement of hazardous vegetation on u nimproved property;
B. Riverside County generally has an arid climate conducive to wildfires and is prone to periodic Santa Ana wind e vents. Many of the County’s native and non-native plant species ca n be highly flammable during normal dry periods and have contri buted to significant wildfires within the County. Santa Ana wind events further exacerbate the fire danger and have resulte d in catastrophic fire losses to life, property and the environment;
C. Riverside County has a diverse and complex land scape which includes deserts, mountains and other brush covered wildlands which are home to many rare and sensitive plant and animal species;
D. The Board of Supervisors has recognized the imp ortance and uniqueness of this diverse and complex landscape th rough its adoption and implementation of the Western Riversid e County Multiple Species Habitat Conservation Plan and the Coachella Valley Multiple Species Habitat Conservation Plan w hich preserves land for the protection of these species;
E. Of paramount importance to the Board of Supervi sors and the citizens of Riverside County is the protection of l ives and property from the threat of fire and the safety of fire and law enforcement personnel during wildfires; and
F. It is the purpose of this ordinance to establis h a hazardous vegetation abatement program that protects the live s and property of the citizens of Riverside County while at the sa me time protecting rare and sensitive plant and animal spec ies and the environment.
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G. The Board of Supervisors finds that hazardous v egetation or combustible material poses a danger to the health, safety and welfare of the residents in the vicinity of any rea l property located throughout the territory of the County of Riverside for the reasons set forth above. Therefore, all hazardous vegetation or combustible material located on real property within the territory of the County of Riverside is deemed a public nuisance and poses a h azard to the safety of the landowners, residents in the vicinity , users of public highways and to the public generally.
Section 2
. DEFINITIONS.
A. Abate and/or Abatement . An act used to remove, destroy, eliminate, seize, impound, or any action taken to m itigate a public nuisance.
B. Abatement Costs
. Any and all costs incurred by the County of
Riverside to abate the hazardous weeds or combustib le material on any property pursuant to this ordinance, including physical abatement costs, administration fees and any additi onal actual costs incurred by the Riverside County Fire Departm ent for the abatement proceeding, including attorneys fees, if applicable.
C. Combustible Material . Rubbish, litter or material of any kind other than hazardous vegetation that is flammable and end angers the public safety by creating a fire hazard.
D. County Fire Chief
. The Fire Chief of the County of Riverside or his
designated representative , including:
1) Chiefs or Chief Engineers of all Fire Protecti on Districts within the territory of the political subdivision w ith the County where he serves, and their deputies;
2) All employees of the Riverside County Fire Dep artment Hazard Reduction Office; and
3) Such other officers as are designated by the B oard of Supervisors or the County Fire Chief.
E. Hazardous Vegetation
. Vegetation that is flammable and
endangers the public safety by creating a fire haza rd including but not limited to seasonal and recurrent weeds, stubbl e, brush, dry leaves, tumbleweeds.
F. Improved Parcel
. A portion of land of any size, the area of which is determined by the Assessor’s maps and records and m ay be Ord. 695 – Page 3
identified by an Assessor’s Parcel Number upon whic h a structure is located.
G. Person
. Natural person or corporation.
H. Structure
. Any dwelling, house, building or other type of f lammable construction including but not limited to a wood fe nce attached to or near any other structure.
I. Unimproved Parcel
. A portion of land of any size, the area of which
is determined by the Assessor’s maps and records an d may be identified by an Assessor’s Parcel Number upon whic h no structure is located.
Section 3 . DUTY TO ABATE HAZARDOUS VEGETATION. Upon receipt of a Notice of Violation and Order to Abate, it shall be the du ty of every owner, occupant, and person in control of any unimproved p arcel of land or interest therein, which is located in the unincorpo rated territory of the County of Riverside as that territory is determined and classified by the Board of Supervisors to abate there from, and from all sidewalks and parkways, except for those roads accepted into the County Maintained System, all combustible material and hazardous vege tation, that constitutes a fire hazard which may endanger or dam age neighboring property pursuant to the requirements of the Notice of Violation and Order to Abate received. No owner, occupant or person in control of any such unimproved parcel of land or interest therein shall be authorized to abate hazardous vegetation unless the owner, occupant or person has received a Notice of Violation and Order to Abate or alterna tively has been issued a grading permit pursuant to the requirements of Ordi nance No. 457. The removal of vegetation pursuant to this ordinance sh all not exceed that set forth in the Notice of Violation and Order to Abate or grading permit. The Notice of Violation and Order to Abate and any clea rance shall conform to Guidelines issued by the County Fire Chief implemen ting this ordinance, and which the Fire Chief may amend periodically.
A. The requirements of this section shall be satis fied if there is cleared pursuant to the requirements set forth in a Notice of Violation and Order to Abate by the method described in said Notice:
(1) a one hundred (100) foot wide strip of land a t the boundary of an unimproved parcel adjacent to a roadway; and/or
(2) a one hundred (100) foot wide strip of land a round structure(s) located on an adjacent improved parcel (some or all of this clearance may be required on the uni mproved parcel depending upon the location of the structure on the improved parcel).
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The County Fire Chief or his or her designee may re quire more than a one hundred (100) foot width or less th an a one hundred (100) foot width for the protection of publ ic health, safety or welfare or the environment.
The determination for appropriate clearance distanc es will be made based upon a visual inspection of the parce l and shall consider all factors that place the property or adj oining structure(s) at risk from an approaching fire. These factors sh all include local weather conditions, fuel type(s), topography, and t he environment where the property or adjoining structure(s) is located. Examples of the clearance requirements above are attached heret o as Exhibit “A” for informational purposes only.
B. Where the parcel’s terrain is such that it cann ot be disked or mowed, the County Fire Chief may require, or author ize, that other means of removal be used.
Section 4
. ENFORCEMENT, INSPECTION AND AUTHORITY TO ENTER
PROPERTY.
A. For the purpose of enforcing this ordinance, the County Fire Chief may designate any person or persons as his/her depu ty in the performance of the duties enjoined upon him/her by this ordinance, in addition to those named in Section 2.D. of this ordinance.
B. For the purpose of enforcing or administering t his ordinance, the County Fire Chief may enter any real property for t he purpose of inspecting the property or for summary abatement pr oceedings whenever the County Fire Chief is informed or has r easonable cause to believe that hazardous vegetation or combu stible material exists, constituting a condition dangerous or injur ious to the health or welfare of persons or to the public, including t he environment, is a public nuisance or is otherwise in violation of this ordinance.
C. No person shall interfere with the entry of the County Fire Chief acting in the official course and scope of his duty.
Section 5
. SUMMARY ABATEMENT PROCEEDINGS. In addition to th e authority granted by law to the County Fire Chief in exigent situations, and pursuant to California Health and Safety Code §14930 and Gov ernment Code §25845, as amended, the County Fire Chief is author ized to enter real property and summarily abate any public nuisance de termined by the County Fire Chief to constitute an immediate threat to public health or safety without prior notice or hearing.
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Section 6 . ABATEMENT PROCEEDINGS.
A. Notice of Violation and Order to Abate . If the County Fire Chief determines that any real property is being maintain ed or permitted to exist in a manner prohibited by this ordinance, the County Fire Chief shall issue a written notice to the property owner and any known person in possession of the property, of the violation and order the hazardous vegetation or combustible mater ial to be immediately abated. The notice of violation and or der to abate (“Notice/Order”) shall specify the corrective actio ns required to be taken and order the property owners and persons in possession to abate the hazardous vegetation or combustible material within thirty (30) days and state that the failure to bring the r eal property into compliance with this ordinance could subject the ow ner or persons in possession to civil, administrative and criminal penalties.
Furthermore, the Notice/Order shall provide the pro perty owner and person in possession of the opportunity to appear b efore the Riverside County Board of Supervisors and be heard prior to the abatement by the County. The failure of the notice to set forth all required contents shall not affect the validity of the abatement proceedings.
B. Manner of Giving Notice
. The County Fire Chief shall cause a copy
of the Notice/Order to be mailed or otherwise deliv ered to all known persons to be in possession and to the property own er as such person’s name and address appears on the last count y equalized assessment roll. If the address is unknown, that f act shall be so stated and the notice shall be addressed to the per son at the county seat. Service by mail shall be deemed compl ete at the time of deposit in the US mail. The failure of any pers on in possession or owner of the property to receive such notice sha ll not affect the validity of these proceedings.
C. Hearing
.
(1) Request for Hearing . Any person who is adversely affected by the Notice/Order may appeal the Notice/Order by filing a written request for a hearing with the Riverside Co unty Hazard Reduction Office within fifteen (15) calenda r days.
The request shall be postmarked within fifteen (15) calendar days of the postmark on the Notice/Order. Timely a ppeal shall stay any further action for abatement until t he date set for hearing.
If no request for a hearing is timely made, the Riv erside County Board of Supervisors herein declares that ab atement of the hazardous weeds or combustible material shall have been deemed Ord. 695 – Page 6
ordered by the Board of Supervisors as of the date of the postmark of the Notice/Order.
(2) Hearing
. Upon timely written request by the recipient of the
Notice/Order, a hearing shall be scheduled with the
Riverside County Board of Supervisors or its design ee
(hereinafter “Board”) with notice thereof mailed or otherwise delivered to the requesting person at least fourtee n (14) calendar days before the scheduled hearing. The fa ilure of any owner or occupant to receive such notice shall not affect the validity of the proceedings.
At the time fixed in the notice of hearing, the Board shall receive evidence from the County Fire Chief and the owner or person in possession of the real property in violat ion, or their representatives and any other concerned persons who may desire to present oral or documentary evidence regarding the conditions of the real property or other relevant matter, if such persons are present at the hearing. In conducting the hearing, the Board shall not be limited by the technical rules of evidence. Failure of the owner or person in possession to appear shall not a ffect the validity of the proceedings or order issued thereon.
Upon conclusion of the hearing, the Board shall make its decision and in the event it so concludes, may decl are the conditions on the real property to be in violation of this ordinance and to constitute a public nuisance. The Board may direct the owner or person in possession to abate the hazardou s vegetation or combustible material within ten (10) days after mailing and posting of the Board’s decision. The order shall i nclude notice that if the hazardous vegetation is not abated as direct ed and within ten (10) days, the County Fire Chief may abate the haza rdous vegetation and the abatement costs shall be a lien and an assessment against the real property.
The Board may grant any extension of time to aba te such conditions that it may deem justifiable upon good c ause being shown.
D. Abatement of Hazardous Vegetation or Combustibl e Material by County Fire Chief . If, at the end of the time allowed for complianc e in the original Notice/Order issued pursuant to Sec tion 6.A. above, or as set forth in an order issued by the Board after a timely request for a hearing, and compliance has not been accompli shed as directed, the County Fire Chief may order the hazar dous vegetation or other combustible material to be removed by Coun ty fire officials Ord. 695 – Page 7
or employees, or may cause the removal to be carrie d out by a private contractor selected by the County Purchasin g Agent in accordance with applicable statutes and in the mann er and under the terms specified by the Board of Supervisors.
E. Abatement Cost Recovery
. As set forth in Government Code
Section 25845, the owner and any person in possessi on of the real property upon which the hazardous vegetation or com bustible material is found to exist shall be jointly and sev erally liable for all abatement costs incurred by the County without any further hearing.
F. Notice of Abatement Costs
. At the conclusion of the abatement by
the County Fire Chief or designee, the County Fire Chief shall issue a bill setting forth the abatement costs to the own er and person in possession of the real property. The bill shall de mand payment to the County of Riverside the total abatement costs a nd
administration costs, plus attorneys’ fees, if rele vant, within fifteen (15) calendar days of its mailing.
G. Abatement Costs Specially Assessed Against the Parcel . If the
amount set forth in the Notice of Abatement Costs i s not paid upon demand by the County, the abatement costs, includin g attorneys’ fees, if applicable, shall be specially assessed ag ainst the real property pursuant to Government Code Section 22845, or by any other means provided by law. The assessment may be collected at the same time and in the same manner as ordinary Co unty taxes are collected, and shall be subject to the same pen alties and the same procedure of sale in case of delinquency as ar e ordinary County taxes.
H. Notice of Abatement Lien
. A Notice of Abatement Lien may be
recorded against the real property subject to this abatement proceeding, setting forth the date upon which abate ment of the nuisance was ordered either by notice issued by the County Fire Chief or by the Board of Supervisors after a hearin g, the date the abatement was complete and the amount of abatement costs.
Furthermore, the notice shall identify the parcel a ddress, the record owner, the possessor of the property, if known and applicable, together with the last known address of the record owner or possessor. The abatement lien shall have the same effect as recordation of an abstract of a money judgment purs uant to Article 2 of Chapter 2 of Division 2 of Title 9 of Part 2 o f the California Code of Civil Procedure (commending with § 697.310, as amended). The lien has the same priority as a judg ment lien on real property and continues in effect until released.
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I. Attorneys Fees
. Reasonable attorneys’ fees may be recovered by
the prevailing party in any civil action, administr ative proceeding or special proceeding established by this ordinance. In the event a hearing is requested pursuant to the notice describ ed above in Section 6 and the Board of Supervisors deems the re al property to be a public nuisance and orders the County Fire Chi ef to abate the hazardous vegetation or combustible material, the C ounty shall be deemed the prevailing party.
Section 7
. HEARING OFFICIAL.
A. Delegation of Authority . The Riverside County Board of Supervisors may delegate its authority to conduct the administrative abatement proceedings set forth in Section 6, above , to either of the following:
(1) The County hearing officer appointed by the B oard of Supervisors pursuant to Riverside County Ordinance No.
643 and Government Code Section 27720, as amended.
The hearing officer shall have full authority and d uty to preside over hearings in the manner set forth in Ri verside County Ordinance No. 643, as amended.
(2) A Weed Abatement Hearing Board (WAHB) designa ted
pursuant to Government Code Section 25845, as amend ed.
The WAHB shall have full authority to act and may p reside over hearings with the same authority, power and du ties of the hearing officer. The WAHB shall be comprised o f three (3) persons as follows: one (1) member shall be an officer of the Riverside County Fire Department selected by th e
County Fire Chief, (but not an employee involved in
inspecting or issuing the Notice/Order; and two (2) members shall be selected by the Board of Supervisors. Mem bers shall serve at the pleasure of the appointing entity.
B. Recommended Action
. At the conclusion of a hearing by either the
hearing officer or WAHB, a recommended decision sha ll be issued to the owner or person in possession of the real pr operty subject to the hearing, and to any other interested person pre viously requesting notice. The hearing officer or WAHB sha ll also file the recommended decision with the Board of Supervisors. The recommended decision may alter the Notice/Order in any fashion and may include an order to the owner or person in possession of the real property to abate the hazardous weeds or c ombustible material within ten (10) calendar days of issuance of the order.
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C. No Further Appeal . Upon receiving the recommended decision from either the hearing officer or WAHB, the Board of Supervisors may adopt the decision as recommended on the consen t agenda at its next regularly scheduled public Board meeting w ithout further notice or hearing, or may set the matter for a de n ovo hearing before the Board of Supervisors
Section 8
. OTHER REMEDIES. The provisions of this ordinance are to be construed as an added remedy of abatement and not in derogati on of any other civil or criminal actions or proceedings or remedies otherwise provided by law.
A. Civil Actions .
( 1) Injunctive Relief and Abatement. Whenever, in th e judgment of the County Fire Chief, any person is engaged in or about to engage in any act or practice which constitutes or will constitute a violation of any provision of this ord inance or notice or order issued pursuant hereto, the County Fire Chief may request the County Counsel or District Attorney to commence proceedings for the abatement, removal,
correction and enjoinment thereof, and requiring th e violator to pay civil penalties and/or abatement costs or in addition, be subject to criminal prosecution.
(2) Civil Remedies and Penalties. Any owner or pe rson in possession of real property who willfully violates the
provisions of this ordinance or any notice or order issued pursuant hereto shall be liable for a civil penalty not to exceed $1,000.00 for each day or portion thereof th at the violation continues to exist. In determining the am ount of the civil penalty to impose, the court shall consider a ll relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation , the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabil ities, and net worth of the violator, whether corporate or ind ividual, and any corrective action taken by the violator.
B . Criminal Actions
.
(1) It shall be unlawful for any person to violat e any provision of this ordinance. Any person violating any provision of this ordinance shall be deemed guilty of an infraction o r
misdemeanor as hereinafter specified. Such person s hall be deemed guilty of a separate offense for each and ev ery day or portion thereof during which any violation of an y provision of this ordinance is committed, continued or permitted.
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(2) Any person so convicted shall be guilty of an infraction offense and punished by a fine not exceeding one hu ndred dollars ($100) for a first violation; guilty of an infraction offense and punished by a fine not exceeding two hu ndred dollars ($200) for a second violation on the same s ite and perpetrated by the same person. The third and any
additional violations on the same site and perpetra ted by the same person shall constitute a misdemeanor offense and
shall be punishable by a fine not exceeding one tho usand dollars ($1,000) or six months in jail, or both. Payment of any penalty herein shall not relieve a person from the
responsibility for correcting the violation. Notwi thstanding the above, a first or second offense may be charged as a misdemeanor.
C . Treble Damages
. Upon a second or subsequent civil or criminal
judgment for a violation of this ordinance within a two year period the violator shall be liable to the County of River side for treble the abatement costs, in accordance with Government Code § 25845.5.
D. Notice of Noncompliance
. Whenever a Notice/Order has been
issued, the County Fire Chief may record a Notice o f
Noncompliance with the Office of the County Recorde r of Riverside County and shall notify the owner of the property o f such action.
The Notice of Noncompliance shall describe the prop erty, shall set forth the noncomplying conditions, and shall state that any abatement costs incurred by the County as a result of the violation of this ordinance may be specially assessed as a li en on the property and that the owner has been so notified.
Section 9
. SEVERABILITY. This ordinance and the various par ts, sections and clauses thereof are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitu tional or invalid, the remainder of this ordinance shall not be affected thereby.
The County Board of Supervisors hereby declares th at it would have passed this ordinance and each part thereof, regard less of the fact that one or more parts thereof be declared unconstitutional or invalid.
Section 2.
EFFECTIVE DATE . This amendment shall become effective 30 days after adoption.
Adopted:
695 Item 10.7 of 10/16/1990 (Eff: 11/15/1990)
Amended:
695.1 Item 3.7 of 04/08/1997 (Eff: 05/08/1997)
695.2 Item 3.33 of 07/02/2002 (Eff. Immediately)
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695.3 Item 3.10 of 03/20/2007 (Eff: 04/19/2007)
695.4 Item 3.33 of 06/16/2009 (Eff: 07/16/2009)