cc 2025 AR 04/22 vegetation management and defensible space ordinance

ACTION:
____________________________

Clerk/Secretary
Department: Fire Item No: PH3
Prepared by: Maia Hodge, Management Analyst Meeting Date: April 22, 2025 Approved by:

Gerard Washington, Fire Chief
John Conley, City Manager Agenda Location: Public Hearing S
UBJECT: VEGETATION MANAGEMENT AND DEFENSIBLE SPACE ORDINANCE RE
COMMENDATION:

1. Open, conduct, and close public hearing to receive testimony regarding amending Chapter 8.60 of the Vista Municipal Code related to fire protection including weed and rubbish abatement procedures in the City.

2. I
ntroduce and adopt City Council Ordinance No. 2025- , amending chapter 8.60 of the Vista Municipal Code related to Vegetation Management and Defensible Space within the City of Vista.

CO
RRELATION TO CITY COUNCIL GOALS: Public Safety and Fiscal Responsibility.

P
RIOR ACTION: On February 21, 1967, introduced and adopted City Council Ordinance 1967-5, declaring dry weeds, dead shrubs, dead trees, and certain waste matter to be a public nuisance, and providing for the abatement and removal thereof (Vote: 5-0).

S
TATEMENT ON THE SUBJECT: Staff is proposing amendments to Chapter 8.60 of the Vista Municipal Code to update vegetation management and defensible space requirements for fire protection within the City of Vista. These changes align the City’s ordinance with State law, ensuring consistency in local, regional, and statewide vegetation management regulations.

The pr
oposed amendments address key vegetation management and defensible space best practices to assist the Vista community in decreasing the threat of fire ignition or transmission between vegetation and/or improvements. They establish defensible space zones that refer to an area, either natural or man- made, that extends 100 feet from the exterior perimeter of any improvement and where combustible materials have been treated, cleared, or modified to slow the rate and intensity of an advancing wildfire and create an area for fire suppression operations to occur.

I
n addition, the amendments establish that certain conditions or circumstances existing on any parcel within the City of Vista constitute a public nuisance, and it shall be the responsibility of the owner or responsible party of the parcel upon which such conditions or circumstances exist to abate such nuisance(s) at the owner’s expense whenever they exist. Standards for defensible space are defined for rooftops, structures, trees, and vegetation on a parcel. Lastly, the amendments establish the procedure for abatement of the public nuisance, right of appeal, and violation.

AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
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SUBJECT: VEGETATION MANAGEMENT AND DEFENSIBLE SPACE ORDINANCE The proposed amendments are attached as Exhibit 2 and the redlined version is attached as Exhibit 3.

F
ISCAL IMPACT: There is no direct fiscal impact.

E
XHIBITS:

1. City Council Ordinance No. 2025- , amending Chapter 8.60 of the Vista Municipal Code related to V
egetation Management and Defensible Space

2. Vista Municipal Code Chapter 8.60 – Vegetation Management and Defensible Space

3. Vista Municipal Code Chapter 8.60 – redlined version 04/22/2025
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00029213 7
ORDINANCE NO. 2025-

AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING CHAPTER 8.60 OF THE VISTA

MUNICIPAL CODE RELATED TO VEGETATION MANAGEMENT AND

DEFENSIBLE SPACE WITHIN THE CITY OF VISTA
The City Council of the City of Vista does ordain as follows:

1. Findings. The City Council hereby finds and declares all of the following:

A. This ordinance is enacted by the City Council pursuant to its authority under the Charter of the City of Vista and Article 11, Section 7 of the California Constitution.

B. The City Council intends that this ordinance be construed and applied in a manner that is consistent with state law, the provisions of the Vista Municipal Code, other local enactments, and all voter-approved measures.

C. The City Council finds and determines that to promote vegetation management and defensible space in the City of Vista, certain changes to the Vista Municipal Code pertaining to the definitions, standards, requirements, and violations within the City of Vista are necessary.

2. Code Amendment.

Chapter 8.60 of the Municipal Code is amended and restated in full as follows:
“Chapter 8.60

VEGETATION MANAGEMENT AND DEFENSIBLE SPACE
Sections:

Section 8.60.010 Definitions
Section 8.60.020 Certain Vegetation and Other Conditions Declared a Public Nuisance Section 8.60.030 Defensible Space Requirements
Section 8.60.040 Deference to Governmental Standards
Section 8.60.050 Abatement of Public Nuisance
Section 8.60.060 Right of Appeal to City Council
Section 8.60.070 Time Limit for Compliance with Notice
Section 8.60.080 Abatement of Nuisance by Fire Chief
Section 8.60.090 Expense of Abatement Report and Hearing Section 8.60.100 Seasonal and Recurrent Nuisances
Section 8.60.110 Government Code Provisions Adopted by Reference Section 8.60.120 Violation- Penalty
Section 8.60.010 Definitions
“Combustible Vegetation” means any vegetation in its natural state that will ignite, burn, and transmit fire from native or landscaped plants to any building or other vegetation. Combustible vegetation includes dry grass, brush, weeds, litter, and any vegetation that is dead, dying, or diseased, dead palm fronds, or other combustible vegetation which creates a fire hazard; but 04/22/2025
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does not include vegetation that is well maintained to effectively reduce the risk of fire ignition or transmission between vegetation and/or improvements.

“Combustible Material” means any material that will readily ignite, burn, and transmit fire from the item to any improvement, vegetation, or other material. Combustible material includes, but is not limited to:

a. Combustible vegetation.
b. Dead, dying, or diseased trees, including but not limited to pest-infested or pathogen-infested trees, abandoned or neglected groves, or branches in a dying or dead condition.
c. Green waste.
d. Rubbish, trash, paper waste, construction materials, or demolition debris, and similar waste materials.

“Combustible Mulch” means a layer of material that is applied to the surface of soil and that, in its natural state, will readily ignite, burn, and transmit fire from the material to any improvement, vegetation, or other material. Combustible mulch includes organic combustible mulch and non-organic combustible mulch.

a. “Organic Combustible Mulch” means and refers to all of the following:

i. “Composted Wood Chips” means a combination of decomposed wood chips and other organic materials which are finely screened to create a product commonly sold commercially as a mulch.

ii. “Wood Products, Bark, and Nugget Mulch” means fine-to- coarse organic mulch produced by mechanically grinding, chipping, or shredding trees or pine tree bark. Examples include commonly sold commercially chipped or shredded wood products, logging waste, bark or wood nuggets, needles, and recycled pallets.

iii. “Vegetation Waste Mulch” means fine-to-coarse organic mulch produced by mechanically grinding, chipping, or shredding of cut or removed vegetation waste typically created from on-site material such as brush, leaves, needles, and tree branches.

b. “Non-Organic Combustible Mulch” means chipped or shredded mulch created from one hundred percent (100%) recycled rubber. Non-organic combustible mulch demonstrates the ability to generate the greatest fire behavior.

“Defensible Space” means and refers to an area, either natural or man-made, that extends one hundred (100) feet from the exterior perimeter of any improvement and where combustible materials have been treated, cleared, or modified to slow the rate and intensity of an advancing wildfire and create an area for fire suppression operations to occur. Except where otherwise indicated, defensible space shall be measured on a horizontal plane extending from the exterior wall surface of the improvement, or if applicable, any patio, deck, or similar fixture attached to the improvement. Defensible space is categorized by the following three (3) zones:

a. “Zone 0” or “Immediate Zone” means and refers to the portion of defensible space that extends from zero (0) up to five (5) feet from the exterior perimeter of an 04/22/2025
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improvement.

b. “Zone 1” or “Intermediate Zone” means and refers to the portion of defensible space that extends from five (5) feet up to fifty (50) feet from the exterior perimeter of an improvement.

c. “Zone 2” or “Extended Zone” means and refers to the portion of defensible space that extends from fifty (50) feet up to one hundred (100) feet from the exterior perimeter of an improvement.

“Fire Hazard” is any condition or conduct which, in the opinion of the Fire Chief, or his or her authorized designee: (a) increases or may increase the threat of fire to a greater degree than customarily recognized as normal by persons in public service regularly engaged in preventing, suppressing, or extinguishing fire or; (b) may obstruct, delay, hinder, or interfere with the operations of the fire department or the egress of occupants in the event of fire.

“Green Waste” means and includes but is not limited to organic material such as yard trimmings, plant waste, untreated wood wastes, paper products, natural fiber products, organic combustible mulch, and compost.

“Improvement” means any building or structure, permanent or temporary, erected or used for the support, shelter, or enclosure of persons, animals, chattels, or personal property of any kind located in the City and shall include agricultural crops. "Improvement" does not include:
(a) fences or similar barriers enclosing or separating areas of land that are located more than five (5) feet from an improvement or; (b) decks, sheds, gazebos, freestanding open-sided shade covers, and similar accessory structures that are less than two hundred fifty (250) square feet so long as located at least fifty (50) feet from an improvement.

“Noxious Weed” means and refers to any species of plant that is, or is liable to be, troublesome, aggressive, intrusive, detrimental, or destructive to agriculture, silviculture, or important native species, and difficult to control or eradicate, as defined in the California Food and Agricultural Code, Section 5004.

“Parcel” means any contiguous quantity of land within the City of Vista in the possession of, owned by, or recorded as the property of the same person or entity.

“Responsible Party” means and includes, but is not limited to, any person, firm, partnership, or corporation that owns, rents, leases, or otherwise controls a parcel located in the City of Vista.

“Vacant Parcel” means a parcel that does not have an improvement.

“Waste Material” means any unused or discarded matter having no substantial market value and which is exposed to the elements as opposed to being enclosed in a structure or otherwise concealed from public view. Examples of waste material include but are not limited to rubbish, rubble, asphalt, dead and dying stockpiles, mulch piles, garbage, trash, food waste, paper waste, construction materials or debris, or any other combustible material.

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Section 8.60.020 Certain Vegetation and Other Conditions Declared a Public Nuisance

The following conditions or circumstances existing on any parcel within the City of Vista are a public nuisance, and it shall be the responsibility of the owner or responsible party of the parcel upon which such condition or circumstance exists to abate such nuisance(s) at his or her expense whenever they exist:

A. All weeds, combustible vegetation, green waste, rubbish, or accumulation or storage of other combustible materials on a parcel that violate or conflict with the requirements of this Ordinance.

B. Any vegetation growing upon the streets, sidewalks, or upon private or public property within the City of Vista which, by reason of its size, type, manner of growth, or proximity to any building or improvement, when dry, will with reasonable probability constitute a fire hazard as determined by the Fire Chief or his/her designee.

C. Any noxious or invasive weed or plant designated by a federal, state, or county government as injurious to public health, agriculture, recreation, wildlife, or property.

D. Waste material which, by reason of its location and character, is a fire hazard or in the opinion of the Fire Chief, or his/her designee, may obstruct, delay, or hinder the prevention or extinguishment of fire upon the parcel or adjacent parcels.

Section 8.60.030 Defensible Space Requirements

Any parcel or condition within the City of Vista that does not comply with the defensible space requirements of this chapter is hereby declared to be a public nuisance. It shall be the responsibility of the owner and/or any responsible party of the parcel upon which such condition or circumstance exists to abate such nuisance(s) at his or her expense whenever they exist:

A. Zone 0 shall comply with the following standards:

1. Rooftops, rain gutters, decks, porches, and the base of foundations must be kept free and clear of needles, leaf litter, green waste, or other combustible materials.

2. All dead, dying, or diseased vegetation or other green waste must be removed.

3. New or replacement landscaping must be fire-resistant, organic combustible mulch and non-organic combustible mulch may not be used, and vegetation must be of a species that maintains a high water content and is low growing; vegetation must be sparsely planted, irrigated appropriately for the species, and maintained.

4. All vegetation must be cleared, kept, or maintained such that no vegetation of any kind comes in direct contact with an improvement.

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below the improvement roofline and are more than ten (10) feet away from any chimney or stovepipe and all ladder fuels have been eliminated.

5. The storage or accumulation of firewood or lumber is prohibited.

6. No combustible patio furniture, umbrellas, trash receptacles, or combustible materials of any kind may be stored under decks, exterior stairways, or balconies.

7. Fences, arbors, awnings, shade sails, or other decorative combustible materials may not be attached to or come into direct contact with an improvement. Use of approved non-combustible alternatives is allowed at the discretion of the City of Vista.

8. Chimney flues must have an approved spark arrester made of welded or woven wire mesh, 12-gauge thickness or greater, with openings no greater than one-half (½) inch.

B. Zone 1 shall comply with the following standards:

1. All dead, dying, or diseased vegetation or other green waste must be removed.

2. Any weeds, grass, or similar ground vegetation shall be cleared or trimmed and maintained at a height not exceeding four (4) inches.

3. Except as described in section 8.60.030 (D)(5), brush or chaparral shall be cleared or trimmed and maintained at a height not exceeding five (5) feet and not exceeding ten (10) feet in width. There shall be a minimum of fifteen (15) feet between individual groupings of brush or chaparral and a minimum of thirty (30) feet separating any brush or chaparral from any improvement on the parcel.

4. New or replacement landscaping must be fire-resistant; vegetation must be of a species that maintains a high water content or is low growing.

5. Herbaceous plants, single-specimen trees, ornamental shrubbery, or vegetative ground covers are permissible provided vegetation is properly spaced, properly irrigated given the plant species, and maintained.

6. Organic combustible mulch is permissible so long as the depth does not exceed three (3) inches.

7. Leaf litter under a well-maintained, healthy, and limbed-up forest or woodland area shall be maintained to a depth no greater than three (3) inches.

8. If there is an improvement on the adjacent parcel, firewood and lumber shall be at least fifty (50) feet from the property line. Wood storage piles shall have a minimum clearance of ten (10) feet of bare mineral soil, free of vegetation and other combustible material measured on a horizontal plane.

9. Except as provided in section 8.60.030(E)(4), non-organic combustible 04/22/2025
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mulch shall not be used as landscaping mulch.

10. Trees shall be kept and maintained in compliance with section 8.60.030 (D) of this chapter.

C. Zone 2 shall comply with the following standards:

1. All dead, dying, or diseased vegetation or other green waste must be removed.

2. Native vegetation may remain provided any combustible vegetation is modified to maintain horizontal spacing of at least three (3) times the height of the combustible vegetation for flat areas, four (4) times the height of the combustible vegetation for moderately sloped areas, and six (6) times the height of combustible vegetation for steeply sloped areas.

3. Any weeds or grass vegetation shall be cleared or trimmed and maintained at a height not exceeding four (4) inches.

4. All permitted vegetation must be maintained through methods such as mowing, thinning, and trimming, or by other means that leave the plant root structure intact to stabilize the soil.

5. Leaf litter under a well-maintained, healthy, and limbed-up forest or woodland area shall be maintained to a depth no greater than three (3) inches.

6. New or replacement landscaping must be fire-resistant; vegetation must be of a species that maintains a high water content or is low growing.

7. Herbaceous plants, single-specimen trees, ornamental shrubbery, or vegetative ground covers are permissible provided vegetation is properly spaced, properly irrigated, and maintained.

8. Organic combustible mulch may be used so long as the depth does not exceed three (3) inches.

9. Except as provided in section 8.60.030(F), non-organic combustible mulch shall not be used as landscaping mulch.

10. Except as described in section 8.60.030 (D)(5), brush or chaparral shall be cleared or trimmed and maintained at a height not exceeding five (5) feet and not exceeding ten (10) feet in width. There shall be a minimum of fifteen (15) feet between individual groupings of brush or chaparral and a minimum of thirty (30) feet separating any brush or chaparral from any improvement on the parcel.

11. Trees shall be kept and maintained in compliance with section 8.60.030 (D) of this chapter.

D. Tree Maintenance Requirements. All trees that are located within the defensible space of any improvement must be kept and maintained in compliance with the following standards:
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1. Tree canopies or branches shall be trimmed to maintain a distance of at least ten (10) feet from any improvement, inclusive of rooflines, eaves, chimney outlets, or similar exterior protrusions from an improvement.

2. Healthy mature trees must be limbed up to create a minimum clearance of six (6) feet between the ground (at grade) and the lowest branch as measured on a horizontal plane.

3. Tree canopies and individual branches shall have a minimum distance of at least ten (10) feet from any improvement (inclusive of rooflines, eaves, chimney outlets, or similar exterior attachments to the improvement).

4. Tree canopy drip lines shall be maintained to provide a minimum spacing of at least ten (10) feet for flat areas, twenty (20) feet for moderately sloped areas, and thirty (30) feet for steeply sloped areas.

5. Trees with bushes, shrubs, and other vegetation located below shall be limbed up to create a minimum clearance between the vegetation and the lowest branch that is equal to at least three (3) times the height of the vegetation under the tree, or at least one-third (⅓) of the tree height.

6. All dead, dying, or diseased trees, branches, or other portions of a tree must be removed, including but not limited to dead palm fronds or palm “skirts,” pest-infested or pathogen-infested trees or branches, or abandoned/neglected orchards and groves. Palm trees shall be free of dead palm fronds to prevent older fronds from developing a “skirt.”

E. Other Defensible Space Requirements

1. Liquid propane tanks shall have a minimum perimeter clearance of ten (10) feet of bare mineral soil clearance, free of vegetation or other combustible material measured on a horizontal plane.

2. Private residential or agricultural (less than ten [10] acres in size) photovoltaic or solar arrays shall have all combustible vegetation reduced to a height no greater than six (6) inches and a minimum perimeter clearance of ten (10) feet of combustible materials measured on a horizontal plane.

3. Addresses shall be displayed (four-inch [4] minimum size) in contrasting colors and must be readable from the street or access road. Vegetation growing over, on, or in front of an address posting shall be pruned or cut back to maintain visibility.

4. Non-organic combustible mulch may be used in a limited capacity around playground structures and shall be a minimum of thirty (30) feet away from any habitable structure and does not exceed more than two hundred (200) square feet in total area.

5. Non-organic combustible mulch may not be used for landscaping within a defensible space, and may only be used in a limited capacity around playground structures and located a minimum of thirty (30) feet away from any habitable structure and not exceeding more 04/22/2025
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than two hundred (200) square feet in total area.

6. Defensible Space Along Roadways. A minimum of ten (10) feet of defensible space is required from each side of a driveway or a public or private road adjacent to the parcel. In addition, all fire apparatus access roads shall have unobstructed vertical clearance of not less than thirteen and one-half (13½) feet.

7. Fire Hazard Areas; Evacuation Routes. The Fire Chief, or his/her designee, is authorized to require up to thirty (30) feet of defensible space in high fire hazard areas or along evacuation routes. In this event, the Fire Chief, or their authorized designee, shall notify the owner or responsible party in writing and provide the basis for the requirement.

8. Defensible Space Along Property Lines. There shall be no accumulation of combustible vegetation, dead, dying, or diseased trees, green waste, waste matter, or other flammable/combustible materials within fifty (50) feet of the property line when such accumulation endangers or encroaches on the required defensible space for improvements on an adjacent property. The Fire Chief or their designee may require a distance greater than fifty (50) feet but not to exceed one hundred (100) feet when it is determined that the greater distance is necessary to provide defensible space for improvements on an adjacent property.

9. Defensible Space on Vacant Parcels. All dead, dying, or diseased vegetation or other green waste must be removed. Any weeds or grass vegetation shall be cleared or trimmed and maintained at a height not exceeding four (4) inches. On vacant parcels, roadway clearance shall be maintained as defined in section 8.60.030(E)(7).

10. Grading: The provisions of this chapter shall not be construed to authorize grading that does not comply with City of Vista regulations regarding grading, clearing, and watercourse found within Chapter 13.18 and Chapter 17.56 of the City of Vista Municipal Code.

11. Orchards, Groves, Nurseries, and Vineyards.

a. There shall be a ten-foot (10) perimeter firebreak cleared between any orchard, grove, nursery, or vineyard and the surrounding native vegetation or ornamental landscaping.

b. All dead, dying, or diseased trees, vines, plants, vegetation, or any portion thereof, including but not limited to dead, dying, or diseased branches or portions of trees or vines shall be removed.

c. All dead grass between rows of trees, vines, or plants shall be either mowed to a height of either four (4) inches or disked to bare soil unless erosion is a factor.

d. Combustible mulch shall not be placed over bare soil without approval from the Fire Chief.

F. Additional Defensible Space. The Fire Chief, or his or her authorized designee, may determine that, in light of topographical, geographical, or parcel-specific features, additional defensible space beyond the requirements of this Ordinance is necessary to protect property or the health, safety, and welfare of the community in the vicinity. In such event, the Fire 04/22/2025
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Chief, or their authorized designee, shall notify the parcel owner and any applicable responsible party in writing and provide the basis for the requirement.

Section 8.60.040 Deference to Governmental Standards

A. In the event a local, state, or federal law, permit, or approval requires more defensible space or is more stringent than this Ordinance, then the more stringent standard shall control.

B. This Ordinance is not intended to conflict with any specific fire management or fuel modification plans that may be applicable to master-planned communities located within the City of Vista. If such a conflict occurs, the more restrictive provision shall apply.

C. This Ordinance is not intended to conflict with any federal or state requirements that may limit vegetation removal in recognizable biological open-space zones or vernal pools. If such a conflict occurs, applicable federal or state requirements shall prevail.

D. This Ordinance is not intended to conflict with regulations of the California Department of Fish and Game or U.S. Fish and Wildlife Service concerning the occurrence of rare, threatened, or endangered species pursuant to the Memorandum of Understanding between the Fish and Wildlife Service of the United States Department of the Interior, the California Department of Fish and Game, the California Department of Forestry, the San Diego County Fire Chiefs Association, and the Fire Districts Association of San Diego County dated February 26, 1997. Landowners who have received a notice regarding their property in areas subject to fuel break clearance within biological open space shall notify both agencies in writing at least ten (10) days prior to vegetation clearing. The agencies will have up to ten (10) days following such notification to (1) determine whether the proposed clearing complies with state and/or federal endangered species requirements; and (2) to suggest voluntary, alternative abatement measures if feasible and warranted. Failure of the agencies to respond within ten (10) days will allow the landowner to proceed with abatement activities without further delay. Failure by landowners to provide adequate notification as described above may render landowners liable under state and federal law.

Section 8.60.050 Abatement of Public Nuisance

A. Notice to Abate. If it is determined that a public nuisance or fire hazard as defined herein exists on any parcel within the City of Vista, the Fire Chief or their designee will cause the issuance of a notice to abate such nuisances or hazards pursuant to this section.

1. Contents of Notice. The notice to abate will be headed “NOTICE TO ABATE FIRE HAZARD” in not less than 12-point font and in legible characters describing the abatement of the nuisance or fire hazard. The notice shall identify the parcel to which it relates and provide a description of the general location and nature of the nuisance in reasonable terms sufficient to identify and provide actions required by the responsible party to abate the nuisance.

2. Service of Notice. The notice to abate may be served in any of the following manners:

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b. By regular mail addressed to the owner or responsible party at the address shown on the last available assessment roll, or as otherwise known.

c. By posting at a conspicuous place on the land or adjacent public right-of-way a notice in conformance with the California Health and Safety Code section 14891 and similar to section 14892, not more than one hundred (100) feet in distance apart, along such right-of-way with at least one (1) notice posted on each lot or parcel.

3. Owner’s Responsibility. It is the sole responsibility of the owner of the parcel to ensure the address with the County of San Diego Tax Assessor is current and valid. Mailings returned for insufficient or invalid addressing shall be considered a valid attempt to notify.

Section 8.60.060 Right of Appeal to City Council

At any time prior to the deadline to comply with the notice to abate, the owner or responsible party that is served with a notice may appeal the notice to City Council. Such appeal shall be in writing and shall be filed with the City Clerk. At the regular meeting or regular adjourned meeting of the City Council, not less than five (5) days nor more than thirty (30) days thereafter, it shall proceed to hear and pass upon such appeal, and the decision of the City Council thereupon shall be final and conclusive. Failure to request an appeal within twenty-one (21) days after receipt of the notice to abate shall be deemed a waiver of the right to an appeal.

Section 8.60.070 Time Limit for Compliance with Notice

The nuisance or fire hazard described in the notice must be abated within twenty-one (21) days from the date the notice is served, or in the case of an unsuccessful appeal to the City Council, within ten (10) days from the date of the City Council’s decision on the appeal. If at the expiration of the twenty-one (21) days, the nuisance or fire hazard has not been abated, the property will be forcibly abated.

Section 8.60.080 Abatement of Nuisance by Fire Chief

If the owner fails or neglects to remove the nuisance or fire hazard as defined in this chapter, within the time specified in this chapter, the Chief of the Fire Department shall cause such nuisance or hazard to be abated. The abatement work may be done by city employees or by private contractor. A report of the proceedings and an accurate account of the cost of abating the nuisance or hazard on each separate property shall be filed.

Section 8.60.090 Expense of Abatement Report and Hearing

The City of Vista will keep an account for the costs of abatement plus an administrative fee for each parcel abated as adopted by City Council. A written itemized abatement report showing the cost of removal and abatement of hazards shall be prepared for the City Council’s approval. At least three (3) days prior to the date of the hearing, a copy of the report will be posted in a public place at the offices of the City of Vista, showing the date and time of the hearing. A copy of the report and notice of hearing date will be sent to the last known owner of the parcel as listed in the San Diego County Assessor’s Office. Costs for abatement shall include any and all 04/22/2025
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administrative costs including, but not limited to, cost of mailing, City’s personnel time, computer retrieval, plus contractor’s abatement costs.

Section 8.60.100 Seasonal and Recurrent Nuisances

The City may pass a resolution declaring certain properties to contain seasonal and recurrent nuisances, as defined in the Health and Safety Code Section 14900.5. Any potentially affected property owner may appear at the meeting at which the City Council plans to adopt said resolution and may be heard on any protests to the resolution. The City Council may modify the resolution as it sees fit and thereafter adopt the resolution. Once the resolution is adopted, to abate such seasonal and recurrent nuisances, the City may thereafter mail a notice to the owners of that property as appearing on the current assessment roll. The notice shall refer to and describe the property and state that dangerous weeds of a seasonal and recurrent nature are growing on the property, and that the same constitute a public nuisance which must be abated by the removal of said noxious or dangerous weeds, and that otherwise they will be removed and the nuisance will be abated by the City, in which case the cost of such removal shall be assessed upon the lot and lands from which or in front of which such weeds are removed and that such cost will constitute a lien upon such lots or lands until paid.

Section 8.60.110 Government Code Provisions Adopted by Reference

The provisions of the Government Code, Sections 39580 through 39586 and Health and Safety Code, Section 14912 of the of the State of California, incorporated by reference and are made a part of this Ordinance. The San Diego County Auditor and Controller 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 provided for ordinary municipal taxes. The City of Vista may force-abate the problem on behalf of the landowner. Upon said forced abatement, the City of Vista may assess all related costs for cost recovery. Upon completion of the work, the City of Vista may lien the property as described in the prior paragraph or assign their interest to a private corporation as payment for the work provided.

The assignee of said claim shall be authorized to sue for collection of money due. Upon collection on said lawsuit, the City of Vista shall receive the first monies up to what is owed to the City of Vista for services performed, after the City of Vista has been satisfied, the collection facility shall be paid for their work and then the assignees shall be paid. The San Diego County Auditor shall enter each assessment in the San Diego 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. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale as is provided for ordinary municipal taxes.

Section 8.60.120 Violation - Penalty

The owner or responsible party, within the City of Vista who will permit or allow the existence of a public nuisance as defined in this Ordinance, upon any lot or premise owned, occupied, or controlled by him or her, or who shall violate any of the provisions of this Ordinance, shall be guilty of a misdemeanor and upon conviction thereof be subject to a fine of not more than one thousand dollars ($1,000.00), or to imprisonment for a period not exceeding six (6) months or both.”

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ORDINANCE NO. 2025-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 12

3. Severability . If any word, sentence, paragraph, or other portion of this ordinance is deemed to be invalid or unenforceable for any reason by a court of competent jurisdiction, the City Council declares its intent that all remaining words, sentences, paragraphs or portions of the ordinance not held to be invalid or unenforceable shall remain in full force and effect, and shall be so construed, as if the original ordinance did not contain the invalid or unenforceable language.

4. Effective Date . This Ordinance shall be in full force and effect on the thirty-first day following the date of its adoption.

5. Adoption. INTRODUCED AND ADOPTED at a meeting of the City Council of the City of Vista held on April 22, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

APPROVED
Walter C. Chung
20250416125506

JOHN B. FRANKLIN, MAYOR

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

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8.60 (1)
Chapter 8.60

VEGETATION MANAGEMENT AND DEFENSIBLE SPACE
Sections:

Section 8.60.010 Definitions
Section 8.60.020 Certain Vegetation and Other Conditions Declared a Public Nuisance Section 8.60.030 Defensible Space Requirements
Section 8.60.040 Deference to Governmental Standards
Section 8.60.050 Abatement of Public Nuisance
Section 8.60.060 Right of Appeal to City Council
Section 8.60.070 Time Limit for Compliance
Section 8.60.080 Abatement of Nuisance by Fire Chief
Section 8.60.090 Expense of Abatement Report and Hearing Section 8.60.100 Seasonal and Recurrent Nuisances
Section 8.60.110 Government Code Provisions Adopted by Reference Section 8.60.120 Violation- Penalty
Section 8.60.010 Definitions
“Combustible Vegetation” means any vegetation in its natural state that will ignite, burn, and transmit fire from native or landscaped plants to any building or other vegetation.

Combustible vegetation includes dry grass, brush, weeds, litter, and any vegetation that is dead, dying, or diseased, dead palm fronds, or other combustible vegetation which creates a fire hazard; but does not include vegetation that is well maintained to effectively reduce the risk of fire ignition or transmission between vegetation and/or improvements. “Combustible Material” means any material that will readily ignite, burn, and transmit fire from the item to any improvement, vegetation, or other material. Combustible material includes, but is not limited to:
a. Combustible vegetation.
b. Dead, dying, or diseased trees, including but not limited to pest-infested or pathogen-infested trees, abandoned or neglected groves, or branches in a dying or dead condition.
c. Green waste.
d. Rubbish, trash, paper waste, construction materials, or demolition debris, and similar waste materials.
“Combustible Mulch” means a layer of material that is applied to the surface of soil and that, in its natural state, will readily ignite, burn, and transmit fire from the material to any improvement, vegetation, or other material. Combustible mulch includes organic combustible mulch and non-organic combustible mulch.
a. “Organic Combustible Mulch” means and refers to all of the following:
i. “Composted Wood Chips” means a combination of
decomposed wood chips and other organic materials which are finely screened to create a product commonly sold commercially as a mulch.
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8.60 (2)
ii. “Wood Products, Bark, and Nugget Mulch” means fine-to- coarse organic mulch produced by mechanically grinding, chipping, or shredding trees or pine tree bark. Examples include commonly sold commercially chipped or shredded wood products, logging waste, bark or wood nuggets, needles, and recycled pallets.

a. “Zone 0” or “Immediate Zone” means and refers to the portion of defensible space that extends from zero (0) up to five (5) feet from the exterior perimeter of an improvement.

b. “Zone 1” or “Intermediate Zone” means and refers to the portion of defensible space that extends from five (5) feet up to fifty (50) feet from the exterior perimeter of an improvement.

“Improvement” means any building or structure, permanent or temporary, erected or used for the support, shelter, or enclosure of persons, animals, chattels, or personal property of any kind located in the City and shall include agricultural crops. "Improvement" does not include:
(a) fences or similar barriers enclosing or separating areas of land that are located more than five (5) feet from an improvement or; (b) decks, sheds, gazebos, freestanding open-sided shade covers and similar accessory structures that are less than two hundred fifty (250) square feet so long as located at least fifty (50) feet from an improvement.

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8.60 (3)
“Noxious Weed” means and refers to any species of plant that is, or is liable to be, troublesome, aggressive, intrusive, detrimental, or destructive to agriculture, silviculture, or important native species, and difficult to control or eradicate, as defined in the California Food and Agricultural Code, Section 5004.

“Parcel” means any contiguous quantity of land within the City of Vista in the possession of, owned by, or recorded as the property of the same person or entity.

“Responsible Party” means and includes, but is not limited to, any person, firm, partnership, or corporation that owns, rents, leases, or otherwise controls a parcel located in the City of Vista.

“Vacant Parcel” means a parcel that does not have an improvement.

Section 8.60.020 Certain Vegetation and Other Conditions Declared a Public Nuisance

A. All weeds, combustible vegetation, green waste, rubbish, or accumulation or storage of other combustible materials on a parcel that violate or conflict with the requirements of this Ordinance.

C. Any noxious or invasive weed or plant designated by a federal, state, or county government as injurious to public health, agriculture, recreation, wildlife, or property.

Section 8.60.030 Defensible Space Requirements

A. Zone 0 shall comply with the following standards:
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8.60 (4)

1. Rooftops, rain gutters, decks, porches, and the base of foundations must be kept free and clear of needles, leaf litter, green waste, or other combustible materials.

2. All dead, dying, or diseased vegetation or other green waste must be removed.

3. New or replacement landscaping must be fire-resistant, organic combustible mulch may not be used, and vegetation must be of a species that maintains a high water content and is low growing; vegetation must be sparsely planted, irrigated appropriately for the species, and maintained.

4. All vegetation must be cleared, kept, or maintained such that no vegetation of any kind comes in direct contact with an improvement.

Trees are prohibited, provided that existing mature trees with the bole (or trunk) within or touching the Zone 0 perimeter may remain so long as no branches are located below the improvement roofline and are more than ten (10) feet away from any chimney or stovepipe and all ladder fuels have been eliminated.

5. The storage or accumulation of firewood or lumber is prohibited.

6. No combustible patio furniture, umbrellas, trash receptacles, or combustible materials of any kind may be stored under decks, exterior stairways, or balconies.

8. Chimney flues must have an approved spark arrester made of welded or woven wire mesh, 12-gauge thickness or greater, with openings no greater than one-half (½) inch.

9. Except as provided in section 8.60.030 (F), non-organic combustible mulch shall not be used as a landscaping mulch.

B. Zone 1 shall comply with the following standards:

1. All dead, dying, or diseased vegetation or other green waste must be removed.

2. Any weeds, grass, or similar ground vegetation shall be cleared or trimmed and maintained at a height not exceeding four (4) inches.

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8.60 (5)

4. New or replacement landscaping must be fire-resistant; vegetation must be of a species that maintains a high water content or is low growing.

6. Organic combustible mulch is permissible so long as the depth does not exceed three (3) inches.

7. Leaf litter under a well-maintained, healthy, and limbed-up forest or woodland area shall be maintained to a depth no greater than three (3) inches.

9. Except as provided in section 8.60.030(E)(4), non-organic combustible mulch shall not be used as landscaping mulch.

10. Trees shall be kept and maintained in compliance with section 8.60.030 (D) of this chapter.

C. Zone 2 shall comply with the following standards:

1. All dead, dying, or diseased vegetation or other green waste must be removed.

3. Any weeds or grass vegetation shall be cleared or trimmed and maintained at a height not exceeding four (4) inches.

4. All permitted vegetation must be maintained through methods such as mowing, thinning, and trimming, or by other means that leave the plant root structure intact to stabilize the soil.

5. Leaf litter under a well-maintained, healthy, and limbed-up forest or woodland area shall be maintained to a depth no greater than three (3) inches.

6. New or replacement landscaping must be fire-resistant; vegetation must be of a species that maintains a high water content or is low growing.

7. Herbaceous plants, single-specimen trees, ornamental shrubbery, or vegetative ground covers are permissible provided vegetation is properly spaced, properly irrigated, and maintained.

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8.60 (6)

8. Organic combustible mulch may be used so long as the depth does exceed three (3) inches.

9. Except as provided in section 8.60.030(F), non-organic combustible mulch shall not be used as landscaping mulch.

11. Trees shall be kept and maintained in compliance with section 8.60.030 (D) of this chapter.

D. Tree Maintenance Requirements. All trees that are located within the defensible space of any improvement must be kept and maintained in compliance with the following standards:

2. Healthy mature trees must be limbed up to create a minimum clearance of six (6) feet between the ground (at grade) and the lowest branch as measured on a horizontal plane.

E. Other Defensible Space Requirements

1. Liquid propane tanks shall have a minimum perimeter clearance of ten (10) feet of bare mineral soil clearance, free of vegetation or other combustible material measured on a horizontal plane.

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8.60 (7)

4. Rubber mulch may be used in a limited capacity around playground structures and shall be a minimum of thirty (30) feet away from any habitable structure and does not exceed more than two hundred (200) square feet in total area.

11. Orchards, Groves, Nurseries, and Vineyards.

a. There shall be a ten-foot (10) perimeter firebreak cleared between any orchard, grove, nursery, or vineyard and the surrounding native vegetation or ornamental landscaping.
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8.60 (8)

c. All dead grass between rows of trees, vines, or plants shall be either mowed to a height of either four (4) inches or disked to bare soil unless erosion is a factor.

d. Combustible mulch shall not be placed over bare soil without approval from the Fire Chief.

Section 8.60.040 Deference to Governmental Standards

A. In the event a local, state, or federal law, permit, or approval requires more defensible space or is more stringent than this Ordinance, then the more stringent standard shall control.

Failure by landowners to provide adequate notification as described above may render landowners liable under state and federal law.

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Section 8.60.050 Abatement of Public Nuisance

2. Service of Notice. The notice to abate may be served in any of the following manners:

a. By personal service on the owner or responsible party.

b. By regular mail addressed to the owner or responsible party at the address shown on the last available assessment roll, or as otherwise known.

Section 8.60.060 Right of Appeal to City Council

Section 8.60.070 Time Limit for Compliance with Notice

Section 8.60.080 Abatement of Nuisance by Fire Chief

8.60 (10)
such nuisance or hazard to be abated. The abatement work may be done by city employees or by private contractor. A report of the proceedings and an accurate account of the cost of abating the nuisance or hazard on each separate property shall be filed.

Section 8.60.090 Expense of Abatement Report and Hearing

Section 8.60.100 Seasonal and Recurrent Nuisances

Section 8.60.110 Government Code Provisions Adopted by Reference

Upon collection on said lawsuit, the City of Vista shall receive the first monies up to what is owed to the City of Vista for services performed, after the City of Vista has been satisfied, the collection facility shall be paid for their work and then the assignees shall be paid. The San Diego County Auditor shall enter each assessment in the San Diego 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. If delinquent, the amount is subject to the same penalties 04/22/2025
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8.60 (11)
and procedure of foreclosure and sale as is provided for ordinary municipal taxes.

Section 8.60.120 Violation- Penalty

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8.60 (1)
(Vista 3/6/13)
Chapter 8.60
Weed and Rubbish Abatement Procedures

VEGETATION MANAGEMENT AND DEFENSIBLE SPACE
S
ections:

Section 8.60.010 Definitions
Section 8.60.020 Certain Weeds, Grasses Vegetation and Other Conditions Declared a Public Nuisance
Section 8.60.030 Waste Matter Declared Public Nuisance Defensible Space Requirements
Section 8.60.040 Notice to Clean Premises - Issuance – Form Deference to Governmental Standards
Section 8.60.050 Service of Notice Abatement of Public Nuisance Section 8.60.060 Right of Appeal to City Council
Section 8.60.070 Time Limit for Removal of Nuisance Compliance Section 8.60.080 Abatement of Nuisance by Fire Chief - Report Section 8.60.090 Expense of Abatement Report and Account to be Set for Council Hearing
Section 8.60.100 Hearing before City Council on Report and Account Seasonal and Recurrent Nuisances
Section 8.60.110 Payment of Costs Prior to HearingGovernment Code Provisions Adopted by Reference
Section 8.60.120 Adoption of Government Code Provisions Relating to Collection of Assessments Violation- Penalty
Section 8.60.130 Violation - Penalty
S
ection 8.60.010 Definitions
“Waste material,” for the purpose of this chapter, 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:

1. Rubble, asphalt, concrete, plaster, tile.

2. Rubbish, crates, cartons, metal and glass containers.

3. Vehicle bodies and parts.
(Prior Code 11-20; Ord. No. 67-5, Adopted 2/21/67)

“Combustible Vegetation ” means any vegetation in its natural state that will ignite, burn, and transmit fire from native or landscaped plants to any building or other vegetation.

Combustible vegetation.
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EXHIBIT 3
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8.60 (2) (Vista 3/6/13)
or pathogen-infested trees, abandoned or neglected groves, or branches in a dying or dead condition.

c. Green waste.
d. Rubbish, trash, paper waste, construction materials, or demolition debris, and similar waste materials.

a. “ Organic Combustible Mulch” means and refers to all of the following:

i. “Composted Wood Chips” means a combination of
decomposed wood chips and other organic materials which are finely screened to create a product commonly sold commercially as a mulch.

ii. “Wood Products, Bark and Nugget Mulch” means fine-to- coarse organic mulch produced by mechanically grinding, chipping, or shredding trees or pine tree bark. Examples include commonly sold commercially chipped or shredded wood products, logging waste, bark or wood nuggets, needles, and recycled pallets.

“Defensible Space ” means and refers to an area, either natural or man-made, that extends one hundred (100) feet from the exterior perimeter of any improvement and where combustible materials have been treated, cleared, or modified to slow the rate and intensity of an advancing wildfire and create an area for fire suppression operations to occur. Except where otherwise indicated, defensible space shall be measured on a horizontal plane extending from the exterior wall surface of the improvement, or if applicable, any patio, deck or similar fixture attached to the improvement. Defensible space is categorized by the following three (3) zones:

a. “Zone 0” or “ Immediate Zone” means and refers to the portion of defensible space that extends from zero (0) up to five (5) feet from the exterior perimeter of an improvement.

b. “Zone 1” or “Intermediate Zone” means and refers to the portion of defensible space that extends from five (5) feet up to fifty (50) feet from the exterior perimeter of an improvement.

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8.60 (3) (Vista 3/6/13)
“Fire Hazard” is any condition or conduct which, in the opinion of the Fire Chief, or his or her authorized designee: (a) increases or may increase the threat of fire to a greater degree than customarily recognized as normal by persons in public service regularly engaged in preventing, suppressing, or extinguishing fire or; (b) may obstruct, delay, hinder, or interfere with the operations of the fire department or the egress of occupants in the event of fire.

“Improvement” means any building or structure, permanent or temporary, erected or used for the support, shelter, or enclosure of persons, animals, chattels, or personal property of any kind located in the City and shall include agricultural crops. "Improvement" does not include:
(a) fences or similar barriers enclosing or separating areas of land that are located more than five (5) feet from an improvement or; (b) decks, sheds, gazebos, freestanding open-sided shade covers and similar accessory structures that are less than two hundred fifty (250) square feet so long as located at least fifty (50) feet from an improvement.

“Parcel” means any contiguous quantity of land within the City of Vista in the possession of, owned by, or recorded as the property of the same person or entity.

“Responsible Party ” means and includes, but is not limited to, any person, firm, partnership, or corporation that owns, rents, leases, or otherwise controls a parcel located in the City of Vista.

“Vacant Parcel” means a parcel that does not have an improvement.

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8.60 (4) (Vista 3/6/13)

Section 8.60.020 Weeds, Grasses Certain Vegetation and Other Conditions Declared a Public Nuisance

A. All weeds, dry grasses, dead shrubs, dead 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 to be a public nuisance.

B. Cultivated and useful grasses and pasture shall not be declared a public nuisance. However, if the Fire Chief or his authorized representative determines it necessary to protect adjacent improved property from fire exposure, an adequate firebreak may be required. (Prior Code 11-18; Ord. No. 67-5, Adopted 2/21/67)

A. All weeds, combustible vegetation, green waste, rubbish, or accumulation or storage of other combustible materials on a parcel that violate or conflict with the requirements of this Ordinance.

C. Any noxious or invasive weed or plant designated by a federal, state, or county government as injurious to public health, agriculture, recreation, wildlife, or property.

D. Wate material which, by reason of its location and character, is a fire hazard or in the opinion of the Fire Chief, or his/her designee, may obstruct, delay, or hinder the prevention or extinguishment of fire upon the parcel or adjacent parcels.

Section 8.60.030 Waste Matter Declared Public NuisanceDefensible Space Requirements

Waste matter, as defined in Section 8.60.010, 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, as defined by Section 8.60.020, is declared a public nuisance.(Prior Code 11-19; Ord. No. 67-5, Adopted 2/21/67)

8.60 (5) (Vista 3/6/13)
or circumstance exists to abate such nuisance(s) at his or her expense whenever they exist:

A. Zone 0 shall comply with the following standards:

1. Rooftops, rain gutters, decks, porches, and the base of foundations must be kept free and clear of needles, leaf litter, green waste, or other combustible materials.

2. All dead, dying or diseased vegetation or other green waste must be removed.

3. New or replacement landscaping must be fire-resistant; organic combustible mulch may not be used and vegetation must be of a species that maintains a high water content and is low growing; vegetation must be sparsely planted, irrigated appropriately for the species, and maintained.

4. All vegetation must be cleared, kept or maintained such that no vegetation of any kind comes in direct contact with an improvement.

5. The storage or accumulation of firewood or lumber is prohibited.

6. No combustible patio furniture, umbrellas, trash receptacles, or combustible materials of any kind may be stored under decks, exterior stairways, or balconies.

8. Chimney flues must have an approved spark arrester made of welded or woven wire mesh, 12-gauge thickness or greater, with openings no greater than one-half (½) inch.

9. Except as provided in section 8.60.030 (F), non-organic combustible mulch shall not be used as a landscaping mulch.

B. Zone 1 shall comply with the following standards:

1. All dead, dying, or diseased vegetation or other green waste must be removed.

2. Any weeds, grass, or similar ground vegetation shall be cleared or trimmed and maintained at a height not exceeding four (4) inches.

8.60 (6) (Vista 3/6/13)
brush or chaparral and a minimum of thirty (30) feet separating any brush or chaparral from any improvement on the parcel.

4. New or replacement landscaping must be fire-resistant; vegetation must be of a species that maintains a high water content or is low growing.

6. Organic combustible mulch is permissible so long as the depth does not exceed three (3) inches.

7. Leaf litter under a well-maintained, healthy, and limbed-up forest or woodland area shall be maintained to a depth no greater than three (3) inches.

9. Except as provided in section 8.60.030(E)(4), non-organic combustible mulch shall not be used as landscaping mulch.

10. Trees shall be kept and maintained in compliance with section 8.60.030 (D), of this chapter.

C. Zone 2 shall comply with the following standards:

1. All dead, dying, or diseased vegetation or other green waste must be removed.

3. Any weeds or grass vegetation shall be cleared or trimmed and maintained at a height not exceeding four (4) inches.

4. All permitted vegetation must be maintained through methods such as mowing, thinning, and trimming, or by other means that leave the plant root structure intact to stabilize the soil.

5. Leaf litter under a well-maintained, healthy, and limbed-up forest or woodland area shall be maintained to a depth no greater than three (3) inches.

6. New or replacement landscaping must be fire-resistant; vegetation must be of a species that maintains a high water content or is low growing.

7. Herbaceous plants, single-specimen trees, ornamental shrubbery, or 04/22/2025
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8.60 (7) (Vista 3/6/13)
vegetative ground covers are permissible provided vegetation is properly spaced, properly irrigated, and maintained.

8. Organic combustible mulch may be used so long as the depth does exceed three (3) inches.

9. Except as provided in section 8.60.030(F), non-organic combustible mulch shall not be used as landscaping mulch.

11. Trees shall be kept and maintained in compliance with section 8.60.030 (D), of this chapter.

D. Tree Maintenance Requirements. All trees that are located within the defensible space of any improvement must be kept and maintained in compliance with the following standards:

2. Healthy mature trees must be limbed up to create a minimum clearance of six (6) feet between the ground (at grade) and the lowest branch as measured on a horizontal plane.

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8.60 (8) (Vista 3/6/13)
E. Other Defensible Space Requirements

1. Liquid propane tanks shall have a minimum perimeter clearance of ten (10) feet of bare mineral soil clearance, free of vegetation or other combustible material measured on a horizontal plane.

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8.60 (9) (Vista 3/6/13)
authorize grading that does not comply with City of Vista regulations regarding grading, clearing, and watercourse found within Chapter 13.18 and Chapter 17.56 of the City of Vista Municipal Code.

11. Orchards, Groves Nurseries and Vineyards.

a. There shall be a ten-foot (10) perimeter firebreak cleared between any orchard, grove, nursery or vineyard and the surrounding native vegetation or ornamental landscaping.

b. All dead, dying, or diseased trees, vines, plants, vegetation or any portion thereof, including but not limited to dead, dying or diseased branches or portions of trees or vines shall be removed.

c. All dead grass between rows of trees, vines or plants shall be either mowed to a height of either four (4) inches or disked to bare soil unless erosion is a factor.

d. Combustible mulch shall not be placed over bare soil without approval from the Fire Chief.

F. Additional Defensible Space. The Fire Chief, or his or her authorized designee, may determine that, in light of topographical, geographical, or parcel-specific features, additional defensible space beyond the requirements of this Ordinance is necessary to protect property or the health, safety and welfare of the community in the vicinity. In such event, the Fire Chief, or their authorized designee, shall notify the parcel owner and any applicable responsible party in writing and provide the basis for the requirement.

Section 8.60.040 Notice to Clean Premises - Issuance – Form Deference to Governmental Standards

If it is determined that a public nuisance, as defined in Sections 8.60.020 and 8.60.030, exists on any lot or premises, or upon any sidewalk, parking or street adjacent to such lot or premises, the Chief of the Fire Department 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 length 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 property in general terms reasonably sufficient to identify the location of the nuisance. (Prior Code 11-21; Ord. No. 67-5, Adopted 2/21/67)

A. In the event a local, state, or federal law, permit, or approval requires more defensible space or is more stringent than this Ordinance, then the more stringent standard shall control.

B. This Ordinance is not intended to conflict with any specific fire management or fuel modification plans that may be applicable to master-planned communities located within the City of Vista. If such a conflict, occurs the more restrictive provision shall apply.

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8.60 (10) (Vista 3/6/13)
that may limit vegetation removal in recognizable biological open-space zones or vernal pools. If such a conflict occurs, applicable federal or state requirements shall prevail.

Failure by landowners to provide adequate notification as described above may render landowners liable under state and federal law.

Section 8.60.050 Service of Notice Abatement of Public Nuisance

The notice required by Section 8.60.040 may be served in any of the following manners:

A. By personal service on the owner, occupant, or person in charge or control of the property.

B. By regular mail addressed to the owner or person in charge and control of the property, at the address shown on the last available assessment roll, or as otherwise known.

C. By posting at a conspicuous place on the land or abutting public right-of-way and insertion of an advertisement at least once a week for the period of two weeks in a newspaper of general circulation in the city. Such newspaper advertisement shall be a general notice that property in the city has been posted in accordance with this chapter and contain a general statement of the effect of such postings. The date of such newspaper advertisements shall not be considered in computing the appeal periods provided by this chapter. (Prior Code 11-22; Ord. No. 67-5, Adopted 2/21/67)

2. Service of Notice. The notice to abate may be served in any of the following manners:

a. By personal service on the owner or responsible party.

b. By regular mail addressed to the owner or responsible party at the 04/22/2025
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8.60 (11) (Vista 3/6/13)
address shown on the last available assessment roll, or as otherwise known.

Section 8.60.060 Right of Appeal to City Council
Within ten days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council.

(Prior Code 11-23; Ord. No. 67-5, Adopted 2/21/67)

Section 8.60.070 Time Limit for Removal of NuisanceCompliance with Notice

It is the duty of the owner, the agent of the owner or the person in possession of any lot or premises in the city within ten days from the date of notification as provided in this chapter, or in case of an appeal to the City Council, within ten days from the determination thereof, unless the same is sustained, to remove the nuisance as stated. (Prior Code 11-24; Ord. No. 67-5, Adopted 2/21/67)

The nuisance or fire hazard described in the notice must be abated within twenty-one (21) days from the date the notice is served, or in the case of an unsuccessful appeal to the City Council, within ten (10) days from the date of the City Council’s decision on the appeal. If at the expiration of the twenty-one (21) days the nuisance or fire hazard has not been abated, the property will be forcibly abated.

Section 8.60.080 Abatement of Nuisance by Fire Chief - Report

If the owner fails or neglects to remove the nuisance or fire hazard as defined in this chapter, within the time specified in this chapter, the Chief of the Fire Department shall cause such nuisance or hazard to be abated. The abatement work may be done by city crews employees or by private contractor. A report of the proceedings and an accurate account of the cost of abating the nuisance or hazard on each separate property shall be filed with the City Council.
(Prior Code 11-25; Ord. No. 67-5, Adopted 2/21/67)

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Section 8.60.090 Expense of Abatement Report and Account to be Set for Council Hearing

Upon the filing of a report as provided in Section 8.60.080, the City Clerk shall 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 such report and account and notice of the time and place of hearing in a conspicuous place at or near the entrance of the Council Chambers in the City Hall. (Prior Code 11-26; Ord. No. 67-5, Adopted 2/21/67)

Section 8.60.100 Hearing before City Council on Report and Account Seasonal and Recurrent Nuisances

The City Council shall consider the report and account at the time set for hearing, together with any objections or protests by any interested parties. 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 such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll, and determining that such weeds, grasses, dead trees, dead shrubs, and waste matter constitute a public nuisance. The City Clerk shall prepare and file with the county auditor a certified copy of such resolution of the City Council. (Prior Code 11-27; Ord. No. 67-5, Adopted 2/21/67)

Section 8.60.110 Payment of Costs Prior to Hearing Government Code Provisions Adopted by Reference
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The City Clerk may accept payment of any amount due at any time prior to the City Council hearing, as called for in Section 8.60.100.
(Prior Code 11-28; Ord. No. 67-5, Adopted 2/21/67)

Section 8.60.120 Adoption of Government Code Provisions Relating to Collection of Assessments Violation- Penalty

The provisions of Sections 39580 through 39586, inclusive, of the Government Code of the state 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.
(Prior Code 11-29; Ord. No. 67-5, Adopted 2/21/67)

Section 8.60.130 Violation - Penalty

The owner, occupant or agent of any lot or premises within the city who permits or allows the existence of a public nuisance, as defined in this chapter, upon any lot or premises owned, occupied or controlled by him, or who violates any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof is punishable according to the provisions 04/22/2025
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of Section 1.16.010 of this code.
(Prior Code 11-30; Ord. No. 67-5, Adopted 2/21/67)
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Vista City CouncilApril 22, 2025

Vista City Council
April 22, 2025