§ 8.14.030 ESTABLISHMENT AND MAINTENANCE OF DEFENSIBLE SPACE.
   All responsible persons shall establish and maintain defensible space on their properties, and, as hereafter provided, on adjoining private and public properties, by adhering to the following requirements:
   (A)   Natural vegetation.
         (1)   In all areas of the city, existing natural vegetation shall, except on hillsides with a grade of 70% or more, be eradicated or removed in Zone 1. Thereafter, land in Zone 1 shall be kept free of natural vegetation at all times.
         (2)   In the very high fire severity zone, natural vegetation and grass shall be maintained at a maximum height of eighteen inches and a minimum height of three inches in Zone 2 at all times.
         (3)   In the very high fire severity zone, natural vegetation consisting of shrub-like plants in Zone 2 shall have a separation distance between each such plant that is equal to three times the diameter of the largest shrub. As an example, a Sumac having a diameter of ten feet shall have a separation distance of 30 feet from any other form of shrub that constitutes natural vegetation.
   (B)   Ornamental vegetation.
      (1)   In all areas of the city, existing ornamental vegetation consisting of highly flammable plants and trees, including, but not limited to, acacia, cedar, cypress, eucalyptus, juniper, pine and pampas grass, shall, except on hillsides with a grade of 70% or more, be maintained in such a manner that they do not form a means of transmitting fire and shall be maintained a minimum of ten feet from buildings and structures.
         Exceptions:
         (a)   Ornamental vegetation, other than those referred to in Section (B) (1) above, are permissible in Zone 1 provided that the plants and trees, are individually planted and maintained in such a manner that they do not form a means of transmitting fire from native growth to buildings or structures.
         (b)   Ornamental vegetation consisting of cultivated ground cover such as green grass, ivy, succulents or similar plants, are permissible in Zone 1 provided that they are maintained in a condition that does not form a means of transmitting fire from native vegetation to a building or structure.
   (C)   Tree maintenance. In all areas of the city, the requirements for “tree maintenance,” as defined in this chapter, shall be complied with at all times.
   (D)   Storage on residentially zoned properties.
      (1)   Firewood, manure, compost and other similar combustible materials shall be not be placed or stored in Zone 1 on any property in the very high fire severity zone.
      (2)   Plant and tree cuttings shall be removed from all properties in the city and recycled or lawfully disposed of, unless retained for composting. In this event, such cuttings, whether in a container or otherwise, shall be placed or stored a minimum of 30 feet from any building, structure or access roadway in Zone 1. This requirement does not apply to green waste containers that are to be emptied by a city approved waste contractor.
   (E)   Modification of requirements. If the Fire Chief determines that very steep terrain, substantial danger of erosion, or other unique circumstances make strict compliance with the provisions of this section impossible, the Fire Chief may modify such regulations in writing for a particular property. Any such modification only applies for the calendar year in which it is made, unless the Fire Chief states in writing that it shall remain in effect for a successive year or years.
   (F)   Primary and secondary responsible persons.
      (1)   Persons owning, leasing, controlling, operating, or maintaining buildings or structures are primarily responsible for establishing and maintaining defensible space around their buildings and structures. In the very high fire severity zone, this obligation extends to adjoining public and private lands that may be, or are, within Zones 1 and 2 of a responsible person’s buildings or structures.
      (2)   Persons owning, leasing, controlling, operating, or maintaining adjoining land that comes within Zone 1 and Zone 2 of another person’s building or structure in the Very High Fire Severity Zone are secondary responsible persons. Such persons who authorize primary responsible persons, or their agents, to enter their property in order to create defensible space, and this action is properly and promptly completed as determined by the Fire Chief, or a designee thereof, will have discharged their obligation under this section. Such persons who refuse or fail to authorize primary responsible persons, or their agents, to enter their property in order to create defensible space in a timely manner as determined by the Fire Chief, or a designee thereof, shall have concurrent liability with primary responsible persons for failing to comply with the requirements of this chapter.
      (3)   In the event adjoining land is public property, a primary responsible person shall obtain an encroachment permit from the city prior to creating defensible space on said property.
(Ord. 2007-22 § 4 (part), 2007)