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(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
The Fire Chief or his/her designee shall administer and enforce the provisions of this chapter.
(A) The Fire Chief shall develop fuel management standards for application of this chapter to be adopted by the Town of Payson. These standards shall be in accordance with recognized National Fire Protection Association (NFPA) "Firewise" standards, national standards for a Fire Adaptive Community, as well as local fire behavior and fire modeling data relating to the Wildland Urban Interface.
(B) This chapter shall be applicable to all property incorporated within the Town of Payson, Gila County, Arizona.
(Ord. 922, passed 8-13-20; Res. 3215, passed 8-13-20)
(A) Authority. The Fire Chief or his/her designee is authorized to inspect property to determine compliance with this chapter upon invitation or with the concurrence of the owner, occupant or designated agent, or when ordered by a court when probable cause exists to believe that conditions may be detrimental to health, safety or welfare of the public.
(B) (1) Inspections of unscreened exterior areas. Unscreened exterior areas may be inspected at any time with or without the involvement of the owner, occupant or designated agent in accordance with legal requirements but should be accomplished during the normal business hours of the town.
(2) Inspections of screened exterior areas. Screened exterior areas shall be inspected only during the normal business hours of the town unless otherwise arranged, upon invitation or with the concurrence of the owner, occupant or designated agent, or when ordered by a court when probable cause exists to believe that conditions may be detrimental to health, safety or welfare of the public.
(Ord. 922, passed 8-13-20; Res. 3215, passed 8-13-20)
(A) Fuel modification for improvements. The responsible party shall maintain, on a parcel, or on any adjacent sidewalks, parking areas, or streets, within 100 feet of the exterior perimeter of any improvement thereon, fuel modification meeting the adopted standard of the Fire Chief. However, the Fire Chief may authorize a distance less than 100 feet, but not less than 30 feet. Where the distance from the improvement to the property line of the parcel on which the improvement is located is less than the required clearance distance, the responsible party shall only be required to provide fuel modification to the property line.
(B) Fuel modification for vacant parcels. The responsible party shall maintain a fuel mitigation plan approved by the Fire Chief or maintain fuel modification meeting the adopted fuel modification standard within 30 feet of the property line. The Fire Chief may require a distance greater than 30 feet when it is determined that the greater distance is necessary to protect property or the health, safety, and welfare of the public or first responders.
(C) Fuel modification along fire access roadways. The responsible party shall maintain fuel modification within ten feet of each side of the improved width and 13 feet, six inches clear height above fire access roadways. The Fire Chief may require, after providing written notice to the responsible party, a distance greater than ten feet when it is determined that the greater distance is necessary to protect property or the health, safety, and welfare of the public, or for the protection of emergency responders.
(D) Additional fuel modification. Notwithstanding the provisions of divisions (A), (B) and (C) if the Fire Chief determines that a greater distance is necessary to protect property or the health, safety and welfare of the public or first responders, the Fire Chief may require a responsible party to provide additional fuel modification.
(E) Removal of hazard trees. The Fire Chief may designate hazard trees and require the responsible party to remove them within a reasonable amount of time based on the hazard presented.
(F) Fuel modification. The Fire Chief may designate parcels where fuel modification is required for the health and welfare of community residents as well as for the health of the forest and watershed.
(G) Combustible vegetation. For purposes of this section, combustible vegetation does not include single specimens of trees, fire-resistant ornamental shrubbery, and other fire-resistant planting materials 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.
(H) Grading. The provisions of this chapter shall not be construed to authorize grading which does not comply with Title XV of this code regarding grading, clearing and watercourses.
(Ord. 922, passed 8-13-20; Res. 3215, passed 8-13-20)
The following are approved methods for the removal of materials for fuel modification:
(A) The removal of materials for fuel modification shall be done using methods such as mowing, cutting, grazing and trimming that leave the plant root structure intact to stabilize the soil and prevent erosion. Removed trees shall have the stumps cut no higher than eight inches above the ground, however, abated orchards may have the stumps removed. The height of weeds and annual grasses shall not exceed a height of four inches. Chipping of trees or vegetation that is done on site may be allowed to remain so long it is dispersed over an area not to exceed four inches in depth. If the Fire Chief determines that difficult terrain, danger of erosion, or other unusual circumstances make strict compliance with this section undesirable or impractical, enforcement thereof may be suspended and reasonable alternative measures shall be provided.
(B) Areas where prohibited materials are removed may be re-planted with single specimens of trees, fire-resistant ornamental shrubbery, and other fire-resistant planting materials or cultivated ground covers, approved by the Fire Chief, which do not form a means of rapidly transmitting fire from native or landscape plants to any improvement or other vegetation. Replanting may be required for erosion control.
(C) The removal of materials for fuel modification shall be carried out in conformance with all federal, state and local environmental laws and regulations including, but not limited to, the Endangered Species Act and the Town of Payson Code of Ordinances regarding grading, tree removal, clearing and watercourses.
(Ord. 922, passed 8-13-20; Res. 3215, passed 8-13-20)
(A) Except in cases of immediate hazards, the town shall provide reasonable written notice to the owner and occupant, lessee or designated agent in an attempt to obtain voluntary compliance with the provisions of this subchapter.
(B) Reasonable written notice to the owner and occupant, lessee or designated agent shall be given 30 days prior to the day set for compliance, and shall include the legal description of the property and the cost of such removal or abatement of the violations to the town if the owner, occupant or lessee does not comply. The notice shall be either personally served or mailed to the owner and to the occupant or lessee at the last known address by certified mail, or the address to which the tax bill for the property was last mailed.
(Ord. 922, passed 8-13-20; Res. 3215, passed 8-13-20)
The responsible party, upon being notified of a violation of this chapter, may appeal the notice and/or the assessment by written request to the Fire Chief before the date of compliance. If the Fire Chief does not satisfy the appeal, the Town Council may hear the appeal by being placed on the agenda for a regularly scheduled Town Council meeting. Abatement shall be stayed pending final resolution of any appeal properly taken pursuant to the provisions of this subchapter unless removal or abatement was ordered by a court.
(Ord. 922, passed 8-13-20; Res. 3215, passed 8-13-20)
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