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(A) The Legislature of the State of Arizona has, in A.R.S. § 9-499, enabled the town to adopt regulations in conformance with A.R.S. § 9-499, designed to promote the public health and safety.
(B) This chapter is enacted pursuant to applicable provisions of A.R.S § 9-499, the authorities granted to cities and towns by the Arizona State Constitution, the International Fire Code, and other applicable state law.
(Ord. 922, passed 8-13-20; Res. 3215, passed 8-13-20)
(A) The accumulation of combustible vegetation, dead, dying or diseased trees, green waste, rubbish, and other combustible materials within the town, is hereby found to create a fire hazard and is potentially injurious to the health, safety, and welfare of the public.
(B) Therefore, the presence of such combustible vegetation, dead, dying or diseased trees, green waste, rubbish, and other materials on parcels as hereinafter defined is hereby declared to constitute a public nuisance, which may be abated in accordance with the provisions of this chapter and A.R.S. § 9-499. Nothing in this chapter shall replace or conflict with the authority of the Town of Payson Zoning Administrator to eradicate noxious weeds under other provisions of this code or applicable sections of the A.R.S. Title 3, Chapter 4, Article 2; Agriculture § R3-4-245 "Noxious Weeds".
(C) For purposes of this chapter, combustible vegetation does not include single specimens of trees, fire-resistant ornamental shrubbery and other fire-resistant planting materials, native or cultivated ground covers, which the Fire Chief determines do not form a means of rapidly transmitting fire from native or landscape plants to any improvement or other vegetation.
(Ord. 922, passed 8-13-20; Res. 3215, passed 8-13-20)
(A) Purpose. The purpose of this chapter is to promote the health, safety and welfare of the citizens of the town, and to protect the town against the spread of wildland fires by requiring a minimum standard for the exterior condition of buildings and real property and a defensible space requirement for property exteriors.
(B) Scope. This chapter shall apply to all buildings, structures and lands within the town without regard to the use, date of construction or alteration, and is based upon the authority granted by A.R.S. § 9-499.
(Ord. 922, passed 8-13-20; Res. 3215, passed 8-13-20)
For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates and requires a different meaning.
COMBUSTIBLE VEGETATION. Material that in its natural state will readily ignite, burn or transmit fire from native or landscape plants to any structure or other vegetation. Combustible vegetation includes dry grass, brush, weeds, tree trunks, branches, litter or other flammable vegetation that creates a fire hazard.
DEAD, DYING OR DISEASED TREES. Pest- or pathogen-infested trees, abandoned or neglected groves, or other trees that are in a dying condition or are no longer living.
DEFENSIBLE SPACE. A space either natural or manufactured where material capable of allowing a fire to spread has been treated, cleared or modified to slow the rate and intensity of a fire and to provide a space for fire suppression activities to occur.
FIRE ACCESS ROADWAY. A required roadway, highway or driveway which allows fire apparatus to position for fire suppression activities within 150 feet of the most remote point of an improvement as defined in the town adoption of the International Fire Code.
FIRE CHIEF. The Town Fire Chief or his/her authorized representative.
FUEL MODIFICATION. A manufactured treatment of native, natural and cultivated vegetation and other combustibles conforming to standards set by the Fire Chief and adopted by the town.
GREEN WASTE. Includes, but is not limited to, organic material such as yard trimmings, plant waste, untreated wood wastes, paper products, natural fiber products, mulch and compost.
HAZARD TREES. Trees deemed a hazard by the Fire Chief, which pose a risk of increased fire danger, physical fall risk to people or improvements, or a significant risk to forest health or the watershed.
IMPROVEMENT. Any building or structure, permanent or temporary, erected for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind located in the incorporated area of the Town of Payson subject to this chapter. May include power transmission lines, water treatment and conveyance systems, communication towers and transmitters, or other critical infrastructure for the Town of Payson or communities subject to this chapter. For purposes of this chapter, the term IMPROVEMENT shall not include decks, sheds, gazebos, freestanding open-sided shade structures and similar accessory structures less than 200 square feet, 30 feet or more from a dwelling, and fences more than five feet from a dwelling.
NOXIOUS WEED. Any species of plant that is, or is liable to be troublesome, aggressive, intrusive, detrimental or destructive to agriculture, silviculture or important native species, and difficult to control or eradicate, as defined in the Arizona Agricultural Code.
PARCEL. Any contiguous quantity of land in the possession of, owned by, or recorded as the property of, the same person (or entity) and which is located in the town or communities subject to this chapter.
RESPONSIBLE PARTY. Includes, but is not limited to, any person, firm, foundation, partnership or corporation owning, renting, leasing or otherwise controlling any parcel located within the town or communities subject to this chapter.
RUBBISH. Non-putrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, metal cans, yard clippings, leaves, metal, wood, glass, bedding, crockery and similar materials.
(Ord. 922, passed 8-13-20; Res. 3215, passed 8-13-20)
GENERAL PROVISIONS
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