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(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)
Upon the failure, neglect or refusal of any owner, occupant, lessee or designated agent so notified to abate a violation of this subchapter located upon his property within 30 days after receipt of the written notice provided for above, or within 30 days after the date of return of such notice, in the event the same is returned to the Post Office because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, occupant, lessee or designated agent, the town may, at the expense of such owner, occupant, lessee or designated agent, remove or cause the removal of the condition in violation of this subchapter. The provisions of this section shall be stayed pending the final resolution of any appeal properly taken pursuant to the provisions of this subchapter.
(Ord. 922, passed 8-13-20; Res. 3215, passed 8-13-20)
If a situation presents an immediate hazard to public health or safety, the town may personally serve an order directing the owner, occupant, lessee or designated agent to take such action as is appropriate to correct or abate the situation. If the owner, occupant, lessee or designated agent fails to correct the violation within 24 hours, or the town is unable to locate such person within 24 hours, the town may act to correct or abate the situation. Costs of abatement shall be an assessment upon the lot or tract of land as provided in the following section.
(Ord. 922, passed 8-13-20; Res. 3215, passed 8-13-20)
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