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2000 Municipal Code Ordinance 345 Fire Fuel AbatementRa &se, qe sal INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 9-B Mtg. Date: 08/14/17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM RAYMOND R CRUZ, CITY MANAGER 0 SUBJECT: DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING THE PROACTIVE ENFORCEMENT OF THE FIRE FUEL ABATEMENT ORDINANCE DATE: AUGUST 14, 2017 ATTACHMENTS: Fire Fuel Abatement Ordinance BACKGROUND At the June 26th City Council meeting, representatives from the Caballeros Equestrian Club spoke under oral communications of their desire for the City to proactively enforce the Fire Fuel Abatement Ordinance. They believe that the fire fuels in the canyons and nearby trails are presently too dense and dry. They believe this condition is posing as a threat to public safety and if ignited could start a serous wildfire. After hearing this request, Councilmember Mirsch with the City Council's approval asked staff to place an agenda item for the August 14th meeting to determine what interest the City Council has with proactively enforcing the Fire Fuel Abatement Ordinance. DISCUSSION The Fire Fuel Abatement Ordinance was adopted by the City Council on November 23, 2015. Although the ordinance prohibits dead vegetation anywhere on a parcel, like most other ordinance violations, it is only enforced by city staff when there is a complaint. For some time now, it has been Councilmember Mirsch's desire for the City to enforce this ordinance in a more proactive manner. Tonight's agenda item will determine if the City Council has a desire to keep the status quo, or to direct staff on bringing back options to proactively enforce the Fire Fuel Abatement Ordinance. It should be clear to the public that this ordinance is different front the LA County Fire Department's brush clearance ordinance that requires brush to be cleared only within 200 feet of structures. Furthermore, the Fire Fuel Abatement Ordinance has a different objective than the Community Wildfire Protection Plan that was initiated last summer, but stalled due to staffing shortages within LA County Fire Department's Forestry Division. NOTIFICATION Members of Caballeros that attended the June 26th City Council meeting and Los Angeles County Fire Department officials. RC:yh PROACTIVE ENFORCEMENT OF FIRE FUEL ORDINANCE(1J.docx Chapter 8.30 - FIRE FUEL ABATEF T Sections: 8.30.010 - Dead trees as public nuisance. Every person who owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any dead tree, shrub or other plant. Any dead tree, shrub or other plant located on any property in the City is hereby declared to be a public nuisance. (Ord. No. 345, § 2, 11-23-2015) 8.30.020 - Abatement. Any condition declared to be a public nuisance by Section 8.30.010 shall be abated or corrected in accordance with the provisions of Chapter 8.24. (Ord. No. 345, § 2, 11-23-2015) ORDINANCE NO. 345 AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING CHAPTER 8.30 TO TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING ABATEMENT OF FIRE FUEL HAZARDS. The City Council of the City of Rolling Hills does ordain as follows: Section 1. Findings. Dead trees, shrubs and other plants constitute a fire hazard and therefore are potentially injurious to the health, safety, and general welfare of the public. Section 2. Title 8, Chapter 8.30, "Fire Fuel Abatement," is hereby added to the Rolling Hills Municipal Code to read as follows: Chapter 8.30 FIRE FUEL ABATEMENT Sections: 8.30.010 Dead plants as public nuisance 8.30.020 Abatement 8.30.010 Dead Trees as Public Nuisance. Every person who owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any dead tree, shrub or other plant. Any dead tree, shrub or other plant located on any property in the City is hereby declared to be a public nuisance. 8.30.020 Abatement. Any condition declared to be a public nuisance by Section 8.30.010 shall be abated or corrected in accordance with the provisions of Chapter 8.24. PASSED, APPROVED AND ADOPTED this 23`d day of November, 2015. JEF IEPER MAYOR HEIDI LUCE • CITY CLERK Ordinance No. 345 -Fire Fuel Abatement 1 STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) §§ CITY OF ROLLING HILLS) I certify that the foregoing Ordinance No. 345 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING CHAPTER 8.30 TO TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING ABATEMENT OF FIRE FUEL HAZARDS. was approved and adopted at a regular meeting of the City Council on November 23, 2015 by the following roll call vote: AYES: Councilmembers Black, Mirsch, Wilson and Mayor Pieper. NOES: Mayor Pro Tern Dieringer. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDI LUCE CITY CLERK Ordinance No. 345 -Fire Fuel Abatement 2 ORDINANCE NO. 345 AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING CHAPTER 8.30 TO TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING ABATEMENT OF FIRE FUEL HAZARDS. The City Council of the City of Rolling Hills does ordain as follows: Section 1. Findings. Dead trees, shrubs and other plants constitute a fire hazard and therefore are potentially injurious to the health, safety, and general welfare of the public. Section 2. Title 8, Chapter 8.30, "Fire Fuel Abatement," is hereby added to the Rolling Hills Municipal Code to read as follows: Chapter 8.30 FIRE FUEL ABATEMENT Sections: 8.30.010 Dead plants as public nuisance 8.30.020 Abatement 8.30.010 Dead Trees as Public Nuisance. Every person who owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any dead tree, shrub or other plant. Any dead tree, shrub or other plant located on any property in the City is hereby declared to be a public nuisance. 8.30.020 Abatement. Any condition declared to be a public nuisance by Section 8.30.010 shall be abated or corrected in accordance with the provisions of Chapter 8.24. PASSED, APPROVED AND ADOPTED this 23`d day of November, 2015. ATTEST: HEIDI LUCE CITY CLERK Ordinance No. 345 -Fire Fuel Abatement 1 STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) §§ CITY OF ROLLING HILLS) I certify that the foregoing Ordinance No. 345 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING CHAPTER 8.30 TO TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING ABATEMENT OF FIRE FUEL HAZARDS. was approved and adopted at a regular meeting of the City Council on November 23, 2015 by the following roll call vote: AYES: Councilmembers Black, Mirsch, Wilson and Mayor Pieper. NOES: Mayor Pro Tem Dieringer. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDI LUCE CITY CLERK Ordinance No. 345 -Fire Fuel Abatement 2 ORDINANCE NO. 345 AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING CHAPTER 8.30 TO TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING ABATEMENT OF FIRE FUEL HAZARDS. The City Council of the City of Rolling Hills does ordain as follows: Section 1. Findings. Dead trees, shrubs and other plants constitute a fire hazard and therefore are potentially injurious to the health, safety, and general welfare of the public. Section 2. Title 8, Chapter 8.30, "Fire Fuel Abatement," is hereby added to the Rolling Hills Municipal Code to read as follows: Chapter 8.30 FIRE FUEL ABATEMENT Sections: 8.30.010 Dead plants as public nuisance 8.30.020 Abatement 8.30.010 Dead Trees as Public Nuisance. Every person who owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any dead tree, shrub or other plant. Any dead tree, shrub or other plant located on any property in the City is hereby declared to be a public nuisance. 8.30.020 Abatement. Any condition declared to be a public nuisance by Section 8.30.010 shall be abated or corrected in accordance with the provisions of Chapter 8.24. PASSED, APPROVED AND ADOPTED this 23rd day of November, 2015. ATTEST: HEIDI LUCE CITY CLERK Ordinance No. 345 -Fire Fuel Abatement 1 STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) §§ CITY OF ROLLING HILLS) I certify that the foregoing Ordinance No. 345 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING CHAPTER 8.30 TO TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING ABATEMENT OF FIRE FUEL HAZARDS. was approved and adopted at a regular meeting of the City Council on November 23, 2015 by the following roll call vote: AYES: Councilmembers Black, Mirsch, Wilson and Mayor Pieper. NOES: Mayor Pro Tem Dieringer. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDI LUCE CITY CLERK Ordinance No. 345 -Fire Fuel Abatement 2 ORDINANCE NO. 345 AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING CHAPTER 8.30 TO TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING ABATEMENT OF FIRE FUEL HAZARDS. The City Council of the City of Rolling Hills does ordain as follows: Section 1. Findings. Dead trees, shrubs and other plants constitute a fire hazard and therefore are potentially injurious to the health, safety, and general welfare of the public. Section 2. Title 8, Chapter 8.30, "Fire Fuel Abatement," is hereby added to the Rolling Hills Municipal Code to read as follows: Chapter 8.30 FIRE FUEL ABATEMENT Sections: 8.30.010 Dead plants as public nuisance 8.30.020 Abatement 8.30.010 Dead Trees as Public Nuisance. Every person who owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any dead tree, shrub or other plant. Any dead tree, shrub or other plant located on any property in the City is hereby declared to be a public nuisance. 8.30.020 Abatement. Any condition declared to be a public nuisance by Section 8.30.010 shall be abated or corrected in accordance with the provisions of Chapter 8.24. PASSED, APPROVED AND ADOPTED this 23`d day of November, 2015. ATTEST: letfit t HEIDI LUCE CITY CLERK Ordinance No. 345 -Fire Fuel Abatement 1 STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) §§ CITY OF ROLLING HILLS) I certify that the foregoing Ordinance No. 345 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING CHAPTER 8.30 TO TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING ABATEMENT OF FIRE FUEL HAZARDS. was approved and adopted at a regular meeting of the City Council on November 23, 2015 by the following roll call vote: AYES: Councilmembers Black, Mirsch, Wilson and Mayor Pieper. NOES: Mayor Pro Tem Dieringer. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. cIf)t.Ln.) HEIDI LUCE CITY CLERK Ordinance No. 345 -Fire Fuel Abatement 2 -"ef a/Rolla/9 qedej INCORPORATED JANUARY 24, 1957 TO: FROM: SUBJECT: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310)377-1521 FAX (310) 377-7288 Agenda Item No.: 6-A Mtg. Date: 11/23/15 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL RAYMOND R. CRUZ, CITY MANAGER WAIVE FULL READING AND ADOPT ORDINANCE NO. 345 - AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING CHAPTER 8.30 TO TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING ABATEMENT OF FIRE FUEL HAZARDS. DATE: NOVEMBER 23, 2015 ATTACHMENTS: Revised Ordinance No. 345 RECOMMENDATION Staff recommends that the City Council waive full reading and adopt the following: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING CHAPTER 8.30 TO TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING ABATEMENT OF FIRE FUEL HAZARDS. BACKGROUND The City Council requested an ordinance declaring dead vegetation a public nuisance per se in the City of Rolling Hills Municipal Code ("RHMC") in order to provide the City with increased flexibility to respond to the increasing amount of dead vegetation in the community, which constitutes fire fuel and presents a threat to public safety. DISCUSSION The City of Rolling Hills is located in a very high fire hazard severity zone and dead vegetation serves as very combustible fuel that could be vulnerable to fire. According to CalFire, 2015 has been an extremely active year for wildfires, with 5,942 fires burning 0 1 approximately 307,000 acres statewide between January 1 and October 25, 2015. Given the extremely active fire season, CalFire is encouraging public agencies and individuals to actively reduce the risk of fires by, among other things, reducing fire fuel. Although staff has been successful in removing dead vegetation by utilizing Chapter 8.24 of the RHMC, which provides for abatement of public nuisances generally, calling out dead vegetation as a public nuisance per se in the RHMC will advise residents that dead vegetation is fire fuel, a public nuisance and a priority for abatement. The attached ordinance incorporates the nuisance abatement procedures applicable to nuisances generally set forth in Chapter 8.24 of the RHMC; therefore, property owners have an opportunity to appeal the determination that a nuisance exists (including whether vegetation is dead) before the City pursues abatement. Additionally, because the City Manager's determination must be reasonable, he possesses authority to collect information to support his determination, if necessary. Finally, the City will comply with all applicable environmental laws and regulations in implementing the ordinance, which may mean not removing dead vegetation identified as a public nuisance if evidence shows that doing so presents a potential significant environmental impact such as compromising land stability or eliminating the habitat of sensitive species. At the November 9, 2015 meeting of the City Council, the proposed ordinance was introduced for and full reading was waived. Following public testimony and discussion by the City Council, staff was directed to replace the word "vegetation" throughout the Ordinance with the word "plant(s)". The attached revised ordinance incorporates that change and is presented for adoption. NOTIFICATION Rolling Hills Community Association and residents that addressed the City Council on this issue previously. RC:sc:hl Fire Fuel Hazard Abatement_staffreport_2nd Reading.docx ORDINANCE NO. 345 AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING CHAPTER 8.30 TO TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING ABATEMENT OF FIRE FUEL HAZARDS. The City Council of the City of Rolling Hills does ordain as follows: Section 1. Findings. Dead trees, shrubs and other plants constitute a fire hazard and therefore are potentially injurious to the health, safety, and general welfare of the public. Section 2. Title 8, Chapter 8.30, "Fire Fuel Abatement," is hereby added to the Rolling Hills Municipal Code to read as follows: Chapter 8.30 FIRE FUEL ABATEMENT Sections: 8.30.010 Dead plants as public nuisance 8.30.020 Abatement 8.30.010 Dead Trees as Public Nuisance. Every person who owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any dead tree, shrub or other plant. Any dead tree, shrub or other plant located on any property in the City is hereby declared to be a public nuisance. 8.30.020 Abatement. Any condition declared to be a public nuisance by Section 8.30.010 shall be abated or corrected in accordance with the provisions of Chapter 8.24. PASSED, APPROVED AND ADOPTED this day of , 2015. JEFF PIEPER MAYOR ATTEST: HEIDI LUCE CITY CLERK Ordinance No. 345 -Fire Fuel Abatement 1 0 STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) §§ CITY OF ROLLING HILLS) I certify that the foregoing Ordinance No. 345 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING CHAPTER 8.30 TO TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING ABATEMENT OF FIRE FUEL HAZARDS. was approved and adopted at a regular meeting of the City Council on , 2015 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDI LUCE CITY CLERK c Ordinance No. 345 -Fire Fuel Abatement 2 84 al Rodeo, qr.& INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 7-A Mtg. Date: 11/09/15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: RAYMOND R. CRUZ, CITY MANAGER SUBJECT: WAIVE FULL READING AND INTRODUCE ON FIRST READING ORDINANCE NO. 345 - AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING CHAPTER 8.30 TO TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING ABATEMENT OF FIRE FUEL HAZARDS. DATE: NOVEMBER 9, 2015 ATTACHMENTS: Proposed Ordinance No. 345 RECOMMENDATION Staff recommends that the City Council waive full reading and adopt the following: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING CHAPTER 8.30 TO TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING ABATEMENT OF FIRE FUEL HAZARDS. BACKGROUND The City Council requested an ordinance declaring dead vegetation a public nuisance per se in the City of Rolling Hills Municipal Code ("RHMC") in order to provide the City with increased flexibility to respond to the increasing amount of dead vegetation in the community, which constitutes fire fuel and presents a threat to public safety. DISCUSSION The City of Rolling Hills is located in a very high fire hazard severity zone and dead vegetation serves as very combustible fuel that could be vulnerable to fire. According to CalFire, 2015 has been an extremely active year for wildfires, with 5,942 fires burning approximately 307,000 acres statewide between January 1 and October 25, 2015. Given the extremely active fire season, CalFire is encouraging public agencies and individuals to actively reduce the risk of fires by, among other things, reducing fire fuel. Although staff has been successful in removing dead vegetation by utilizing Chapter 8.24 of the RHMC, which provides for abatement of public nuisances generally, calling out dead vegetation as a public nuisance per se in the RHMC will advise residents that dead vegetation is fire fuel, a public nuisance and a priority for abatement. The attached ordinance incorporates the nuisance abatement procedures applicable to nuisances generally set forth in Chapter 8.24 of the RHMC; therefore, property owners have an opportunity to appeal the determination that a nuisance exists (including whether vegetation is dead) before the City pursues abatement. Additionally, because the City Manager's determination must be reasonable, he possesses authority to collect information to support his determination, if necessary. Finally, the City will comply with all applicable environmental laws and regulations in implementing the ordinance, which may mean not removing dead vegetation identified as a public nuisance if evidence shows that doing so presents a potential significant environmental impact such as compromising land stability or eliminating the habitat of sensitive species. NOTIFICATION Rolling Hills Community Association and residents that addressed the City Council on this issue previously. RC:sc Fire Fuel Hazard Abatement_staffreport.docx O ORDINANCE NO. 345 AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING CHAPTER 8.30 TO TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING ABATEMENT OF FIRE FUEL HAZARDS. The City Council of the City of Rolling Hills does ordain as follows: . Section 1. Findings. Dead trees, shrubs and other vegetation constitute a fire hazard and therefore are potentially injurious to the health, safety, and general welfare of the public. Section 2. Title 8, Chapter 8.30, "Fire Fuel Abatement," is hereby added to the Rolling Hills Municipal Code to read as follows: Chapter 8.30 FIRE FUEL ABATEMENT Sections: 8.30.010 Dead vegetation as public nuisance 8.30.020 Abatement 8.30.010 Dead Trees as Public Nuisance. Every person who owns or is in possession of any property, place or area within the boundaries of the City shall, at his or her own expense, maintain the property, place or area free from any dead tree, shrub or other vegetation. Any dead tree, shrub or other vegetation located on any property in the City is hereby declared to be a public nuisance. 8.30.020 Abatement. Any condition declared to be a public nuisance by Section 8.30.010 shall be abated or corrected in accordance with the provisions of Chapter 8.24. PASSED, APPROVED AND ADOPTED this day of , 2015. JEFF PIEPER MAYOR ATTEST: HEIDI LUCE CITY CLERK Ordinance No. 345 -Fire Fuel Abatement 1 STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) §§ CITY OF ROLLING HILLS) I certify that the foregoing Ordinance No. 345 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING CHAPTER. 8.30 TO TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING ABATEMENT OF FIRE FUEL HAZARDS. was approved and adopted at a regular meeting of the City Council on , 2015 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. HELD LUCE CITY CLERK Ordinance No. 345 -Fire Fuel Abatement 2 Abatement of FIre Fuel Hazards - Notification List Nov. 2015 Proposed Ordinance No. 345 First Name Last Name Address City E-mail Address Phone Mr. Spencer Karpf 8 Maverick Lane Rolling Hills CA 90274 Mrs. Marcia Schoettle 24 Eastfield Drive Rolling Hills CA 90274 Ms. Cathy Nichols & Mr. Jim Aichele 14 Crest Road West Rolling Hills CA 90274 Mr. Michael Sherman 33 Crest Road East Rolling Hills CA 90274 Mr. John Nunn 1 Crest Road West Rolling Hills CA 90274 Ms. Beate Kirmse 2 Chuckwagon Road Rolling Hills CA 90274 Ms. Tina Greenberg 32 Portuguese Bend Road Rolling Hills CA 90274 Mr. Richard Colyear 35 Crest Road West Rolling Hills CA 90274 Mr. James Wald 7 Quail Ridge Lane South Rolling Hills CA 90274 Ms. Ann Bellis 3 Quail Ridge Lane South . Rolling Hills CA 90274 . Mr. Arvel Witte 5 Quail Ridge Lane South Rolling Hills CA 90274 Mr. Roger Hawkins 37 Crest Road West Rolling Hills CA 90274 Kevin Johnson Kevin.Johnson@fire.Iac LA County Fire Dept Public: EWA:LABELS:Fire Fuel Hazards Ordinance notification Database 2015.xls