(A) The violations of this Code as adopted herein are misdemeanors/infractions and are subject to the penalties set forth herein.
(B) The first citation, within a 12-month period, for violations of the ICC Wildland-Urban Interface Code and any amendments adopted herein shall be treated as a civil penalty payable directly to the Ross Valley Fire Department and is set at $150 plus the actual costs of all inspections required to gain compliance at the rate set from time to time by the Fire Department. Said civil penalties shall be a debt owed to the Ross Valley Fire Department by the person responsible for the violation within 30 days after the date of mailing of the citation unless an appeal is filed as provided in § 8.06.016. Upon failure to pay the civil penalty when due, the responsible person shall be liable in a civil action brought by the Ross Valley Fire Department for such civil penalty and costs of the litigation, including reasonable attorney's fees.
(C) Any subsequent citations within a 12-month period for any violations of this Code and any amendments adopted herein shall be misdemeanors/ infractions, and shall be subject to the penalties set forth herein.
(D) The imposition of one penalty for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified each day that a violation occurs or continues, after a final notice has been delivered shall constitute a separate offense. The application of both penalties shall not be held to prevent the enforced correction of prohibited conditions.
(E) Nothing contained in divisions (A) through (F) of this section shall be construed or interpreted to prevent the town from recovering all costs associated with a Fire Department enforcement as described in the ICC Wildland-Urban Interface Code, California Building Code, or the California Fire Code.
(F) Any violation of any provision of this chapter shall constitute a public nuisance and shall entitle the Fire Department to collect the costs of abatement and related administrative costs by a nuisance abatement lien as more particularly set forth in Cal. Gov't Code § 38773.1, and by special assessment to be collected by the County Tax Collector as more particularly set forth in Cal. Gov't Code § 38773.5. At least 30 days prior to recordation of the lien, or submission of the report to the Tax Collector for collection of this special assessment, the record owner shall receive notice from the Chief of the Fire Department's intent to charge the property owner for all administrative costs associated with enforcement of this chapter and abatement of the nuisance. The notice shall include a summary of costs associated with enforcement of this chapter and abatement of the nuisance. The property owner may appeal the Chief's decision to the Town Council within 15 days of the date of the notice and request a public hearing prior to recordation of the lien or submission of the report to the County Tax Collector for collection of the special assessment. In addition to the foregoing, the Fire Department is authorized to prosecute a civil action to collect such abatement costs from the property owner or other person in possession or control of the affected property, and shall be entitled to recover such abatement costs, together with the cost of litigation, including reasonable attorney's fees. The provisions of this section shall also apply to corrective actions for the clearance of brush or vegetative growth from structures as outlined in Appendix A of this Code and Section 16.2 of Appendix II-A of the 2000 Uniform Fire Code as amended.
(G) In lieu of the above procedures, the town shall also have the authority to proceed under any local ordinance it may have adopted for purposes of the administrative enforcement of its Code.
(Ord. 730, passed 12-5-2007)