(A) In addition to the definitions in Section 11.20.010, the following definitions apply to the city's hazardous vegetation and rubbish abatement program:
(1) FIRE CHIEF means the Fire Chief of the County of Riverside or their designee.
(2) HAZARDOUS VEGETATION includes vegetation that is flammable and endangers the public safety by creating a fire hazard including but not limited to seasonal and recurrent weeds, stubble, brush, dry leaves, and/or tumbleweeds.
(3) RUBBISH includes, but is not limited to, trash or refuse consisting of uncontained paper, cardboard, wood, dry grass or brush, dirt, plastic, rubber, metal or ceramic wreckage, glass, junk, disassembled automobiles, machinery, or parts thereof, or any other discarded material which may be combustible or deleterious to the public health, safety, or welfare, or any material which by reason of its location and/or character may hamper or interfere with the prevention or suppression of fire upon the premises or adjacent premises.
(B) It shall be unlawful, and is hereby declared a public nuisance, for the owner(s), lessee(s), or occupant(s) of vacant real property within the city to maintain, permit, or allow such premises to be maintained in such a condition where weeds, hazardous vegetation, or rubbish negatively affect the public health, safety, or welfare. It is also hereby declared the duty and responsibility of the owner(s), lessee(s), and occupant(s) of vacant real property within the city to prevent and abate any and all conditions of weeds, hazardous vegetation or rubbish that negatively affect the public health, safety, or welfare.
(C) It shall be the duty of every owner, lessee, and occupant of vacant real property within the city, parcel of land or interest therein which is in the city to clear therefrom, including sidewalks and parkways adjacent to such property, all weeds, hazardous vegetation and rubbish.
(D) The City Manager and/or Fire Chief shall have authority to declare violations of this section and to enforce the same against the owner(s), lessee(s) and occupant(s) of the property upon which such conditions exist.
(E) The City Manager and/or Fire Chief shall enforce the duty set forth in this section hereof, to issue a Notice of Abatement for Hazardous Vegetation by personal service or by mailing the notice by certified mail to the property owner as his or her name appears on the most recent equalized assessment roll and to the address as shown in the records of the County Assessor. The notice shall contain:
(1) A reasonable description of the lot or parcel of real property upon which the violation exists;
(2) A reasonable description of the violating conditions constituting the nuisance;
(3) The relevant standards for maintenance, prevention, and abatement of weeds, hazardous vegetation, and rubbish;
(4) Reference to this section;
(5) An order to remove the violating conditions and bring the property into compliance within 30 calendar days;
(6) A description of the consequences of failure to comply as prescribed in this section; and
(7) A statement that a written appeal may be filed with the City Clerk.
(F) The requirement of division (C) of this section shall be satisfied if the owner, lessee, or occupant clears the property by disking, mowing, or any other method described in said notice as follows:
(1) A 100 foot wide strip of land at the boundary of a vacant property adjacent to a roadway; and/or
(2) A 100 foot wide strip of land around structure(s) located on an adjacent improved parcel (some or all this clearance may be required on the vacant property depending upon the location of the structure on the improved parcel).
(3) The Fire Chief may at any time require more than a one 100 foot width or less than a 100 foot width for the protection of public health, safety, or welfare of the environment. The determination for appropriate clearance distances will be made based upon a visual inspection of the property and shall consider all factors that place the property or adjoining structure(s) at risk from an approaching fire. These factors shall include local weather conditions, fuel type(s), topography, and the environment where the property or adjoining structure(s) is located.
(4) The removal of vegetation need not exceed that set forth in the Notice of Abatement for Hazardous Vegetation or grading permit in accordance with Menifee Municipal Code Chapter 8.26, Grading Regulations.
(G) All appeal and hearing procedures for a Notice of Abatement for Hazardous Vegetation shall be governed by the provisions of Section 11.20.080 for a Notice of Abatement. Failure to file a timely and proper written appeal shall constitute a waiver of the right to appeal and a failure to exhaust administrative remedies.
(H) If after 30 days from the date the Notice of Abatement for Hazardous Vegetation was issued the nuisance upon the property has not been abated and no written appeal has been filed, city personnel and/or contractors may enter the property, subject to requirements of law, and take such action as is reasonably necessary to abate the nuisance.
(I) The city shall keep an itemized accounting of the associated costs incurred by the city to abate the nuisance. All abatement and administrative costs incurred by the city may be recovered by any manner authorized by law, including by lien or special assessment pursuant to the procedures set forth in Section 11.20.160 and 11.20.170.
(J) Abatement of any nuisance under this section may, in the discretion of the city, be contracted to an outside contractor. Should the city contract the abatement process, the city may assign its interest in collecting payment for the work to the contractor which performed the work, as payment to the contractor.
(Ord. 2024-385, passed 2-7-2024)