Pasadena Municipal Code Ch. 14.29 Flammable Vegetation

It is the objective of this chapter to promote and protect the public health, safety and welfare by recognizing that there exists within the city of Pasadena a potentially hazardous fire situation created by weeds, vegetation, and trees which are in such condition and location as to provide a ready fuel supply to augment the spread or intensity of fire. It is the intent of this chapter to provide minimum standards to safeguard life safety, property and public welfare by ensuring that hazardous vegetation may be promptly removed and that all weeds, vegetation and trees are properly maintained so as to not create a fire hazard.

(Ord. 6444 § 2 (part), 1991)

"Flammable weeds, trees or vegetation" or "flammable vegetation" shall mean those weeds, trees and vegetation which, because of reduced moisture content, concentration or location, are combustible to a degree sufficient to accelerate, spread or intensify a fire.

"Fire chief" shall mean the chief of the Pasadena fire department or his designee.

"Building or structure" shall mean any building or structure regardless of the material of construction, use or purpose, contents or degree of internal fire protection.

"Chimney or stovepipe" shall mean any flue, smokestack, chimney or stovepipe which is connected to or serves to vent any fireplace, stove, oven or other place which is designed or intended for the combustion of any fuel.

"Ornamental plants and shrubbery" shall include ground cover, bushes, plants, grasses and other flora which are maintained in healthy, living condition with sufficient moisture concentration to retard rather than abet the intensity or spread of fire.

(Ord. 6444 § 2 (part), 1991)

It shall be unlawful for any owner, tenant, occupant, lessee or holder of any interest in real property, or any agent of such person or persons, to allow, suffer or permit any flammable weeds, trees or vegetation to exist on any real property in violation of the provisions of this chapter.

(Ord. 6444 § 2 (part), 1991)

Flammable weeds, trees and vegetation shall be subject to the following controls and restrictions for the purpose of preventing the spread, intensification or ignition of fires.

A. No flammable weeds, trees or vegetation shall be permitted to exist within 100 feet of any building or structure.

B. The above-ground portion of all flammable weeds, trees or vegetation within 100 feet of any building or structure shall be removed. The root system of such vegetation shall be left intact at and below the surface of the ground to control erosion. Tree stumps, however, may be removed at the discretion of the property owner.

C. Growing vegetation in the form of grass or weeds, which is not yet flammable vegetation as defined herein, but may become flammable vegetation in the absence of sufficient moisture, and which is located within 30 feet of any building or structure shall not exceed 18 inches in height. The foregoing shall not apply to ornamental plants and shrubbery, bushes or other flora which is not flammable vegetation.

D. Trees over 6 feet in height which are located within 30 feet of any building or structure, or within 10 feet from the nearest curb of any highway, street, alley or driveway, whether publicly or privately owned, shall be maintained such that no leafy foliage, twigs or branches are within 3 feet of the ground. The foregoing shall not apply to the living branches of evergreen trees.

E. No hazardous vegetation, foliage, limb or branch of any tree, bush or shrub shall be located within 10 feet of the outlet of any chimney, stovepipe or flue which exists for the purpose of venting any location, device or appliance, including a fireplace, whether or not in actual use, in which combustion occurs.

F. The roofs of all buildings or structures shall be kept free of leaves, needles, twigs, and other combustible foreign matter.

G. A vertical clearance of 5 feet shall be maintained between the roof surface of any building or structure and any foliage, limb or branch of any tree or other foliage which overhangs the roof of such building or structure.

H. No flammable vegetation shall be permitted to cling, climb or be otherwise attached to any outside wall of any building or structure.

I. All trees and shrubs shall be kept free of dry or dead limbs, twigs, branches or foliage.

J. No flammable weeds, trees or vegetation shall be permitted within 10 feet of any combustible fence or within 10 feet of the curb of any highway, street, alley or driveway, whether publicly or privately owned.

(Ord. 6444 § 2 (part), 1991)

Any person in violation hereof shall be guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by such person and shall be punishable accordingly as provided by law.

(Ord. 6444 § 2 (part), 1991)

A. The fire department shall inspect upon such schedule as its resources permit those properties on which flammable vegetation is present or on which the possible presence of flammable vegetation may pose a potential fire hazard to persons or property.

B. A fee in the amount of $61.00 shall be charged to each property inspected pursuant to this chapter. However, such fee shall be waived in the event that no violations of this chapter are identified upon such property or, should a violation or violations of this chapter be found upon a property, that such violation or violations are fully abated or corrected, within 30 days following the issuance of written notice of such violation by the fire department.

C. In the event that the violations identified to the property owner are not abated within the allotted time period, the property owner shall be charged, in addition to the initial inspection fee of $61.00, a reinspection fee of $298.00 which shall compensate the city for two reinspections, evidentiary photography as well as processing of misdemeanor charges and of necessary documentation and follow-up by the fire prevention inspector.

D. Should more than 2 reinspections of a parcel be necessitated by the failure of the property owner to comply with the provisions of this chapter, an additional fee of $142.00 will be assessed for each such additional inspection.

(Ord. 6444 § 2 (part), 1991)

The fees established herein shall be incorporated into the general fee schedule and may be subject to adjustment from time to time in accordance therewith.

(Ord. 6444 § 2 (part), 1991)

The fire chief may, as specific circumstances warrant, apply standards more stringent than those set forth in this chapter to particular properties or parcels when the standards herein would be insufficient to prevent the spread or intensifying of fire upon such properties. Upon making such a finding, the fire chief shall so inform the property owner, identifying the standard in question stating the basis for altering the standard and informing the property owner of the revised standard. The property owner shall be granted 30 days after such notice to comply with the new standard. No separate inspection fee shall be assessed for determining compliance with a revised standard.

Any property owner aggrieved by the imposition of a standard upon his or her property more strict than those established in this chapter may appeal the finding of the fire chief to the code enforcement appeals commission (CEAC). Written notice of appeal shall be submitted no later than 10 days following the date of the notice imposing the standard. Hearings shall be conducted in accordance with the applicable provisions of Chapter 2.55 of the Pasadena Municipal Code and the rules of CEAC.

(Ord. 6444 § 2 (part), 1991)

All flammable vegetation upon private property within the city which attains such a growth as to become a fire menace when dry, or which are otherwise noxious or dangerous, may be declared to be a public nuisance by resolution of the board of directors and thereafter abated.

(Ord. 6444 § 2 (part), 1991)

The resolution adopted pursuant to Section 14.29.120 shall describe the property upon which the nuisance exists by giving the lot and block number of the same according to the official map or to the assessment map of the city used for describing property on tax bills and no other description of the property shall be required.

(Ord. 6444 § 2 (part), 1991)

Any number of parcels of property may be included in one and the same resolution declaring the nuisance.

(Ord. 6444 § 2 (part), 1991)

After the passage of the resolution as provided by Section 14.29.120, the fire chief shall cause to be conspicuously posted in front of the property on which the nuisance exists at not more than 100N in distance apart not less than 3 notices headed: "NOTICE TO DESTROY FLAMMABLE VEGETATION." Such heading shall be in letters not less than 1O in height and the notice shall be substantially in the following form:

NOTICE TO DESTROY FLAMMABLE VEGETATION

NOTICE IS HEREBY GIVEN, that the _____ day of ________, 19___, the Board of Directors passed a resolution declaring that dangerous flammable vegetation growing upon property in this city more particularly described in such resolution, and that the same constitutes a public nuisance which must be abated by the removal of such dangerous flammable vegetation, otherwise they will be removed and the nuisance will be abated by the street superintendent of this city in which case the cost of such removal, together with incidental expenses, shall be assessed upon the lots and lands from which such weeds are removed, and such costs and incidental expenses will constitute a lien upon such lots or lands until paid. Reference is hereby made to such resolution for further particulars.

All property owners having any objections to the proposed removal of such flammable vegetation are hereby notified to attend a meeting of the Board of Directors of this city to be held on the _____ day of __________, 19_____, at the council chamber in the city hall of this city, when their objections will be heard and given due consideration.

Dated this _____ day of ________, 19___.

___________

Fire Chief

(Ord. 6444 § 2 (part), 1991)

The notice mentioned in Section 14.29.150 shall be posted at least 5 days prior to the time stated therein for hearing objections by the board of directors.

(Ord. 6444 § 2 (part), 1991)

At the time stated in the notice posted pursuant to Sections 14.29.150 and 14.29.160, the board shall hear and consider all objections or protests, if any, to the proposed removal of flammable vegetation found by resolution to be a nuisance, and may continue the hearing from time to time. Upon the conclusion of the hearing, the board by motion or resolution shall allow or overrule any or all objections, whereupon the board shall be deemed have acquired jurisdiction to proceed and perform the work of removal. The decision of the board of directors on the matter shall be deemed final and conclusive.

(Ord. 6444 § 2 (part), 1991)

After final action has been taken by the board of directors under Section 14.29.170 on the disposition of any protests or objections, or in case no protests or objections have been received, the board, by motion or resolution, shall order the appropriate official to abate the nuisance considered pursuant to the preceding section by having the flammable vegetation referred to in Section 14.29.120 removed, and the official and designated assistants or deputies are hereby expressly authorized to enter upon private property for that purpose in accordance with applicable law. Any property owner shall have the right to have any such vegetation removed at his own expense, providing the same is done prior to the arrival of the official prepared to do the same.

(Ord. 6444 § 2 (part), 1991)

The official abating the nuisance shall keep an account of the cost of abating the nuisance as provided by the preceding section on each separate lot or parcel of land where the work is done by the official or designated deputies, together with the cost of printing and posting notices, and shall render an itemized report in writing to the board of directors showing the cost of removing such nuisance on each separate lot or parcel of land together with such printing and posting; provided, that before such report is submitted to the board, a copy of the same shall be posted for at least 3 days prior thereto on or near the chamber door of the board of directors, together with a notice of the time when such report shall be submitted to the Board for confirmation.

(Ord. 6444 § 2 (part), 1991)

At the time fixed for receiving and considering the report required by Section 14.29.190, the board shall hear the same, together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating the nuisance giving rise to the report and thereupon make such modifications in the report as they deem necessary, after which, by motion or resolution, the report shall be confirmed. The amount of the cost for abating such nuisance upon the various parcels of land mentioned in the report shall constitute special assessments against the respective parcels of land and as thus made and confirmed shall constitute a lien on such property for the amount of such assessments, respectively.

After confirmation of such report, a copy thereof shall be turned over to the assessor and the tax collector of the city, whereupon it shall be the duty of such officers to add the amounts of the respective assessments to the next regular bills for taxes levied against the respective lots and parcels of land involved for municipal purposes and thereafter such amounts shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.

(Ord. 6444 § 2 (part), 1991)