*Note--Chapter 4, Abatement of Weeds and Rubbish, Sections 68.410--68.419, added by Ord. No. 6998 (N.S.), effective 7-24-85; Ord. No. 7001 (N.S.) adopted 7-30-85, effective 8-29-85, supersedes Ord. No. 6998; amended (including title) by Ord. No. 9633 (N.S.), effective 4-23-04; amended (including title) by Ord. No. 10147 (N.S.), effective 6-9-11; amended by Ord. No. 10927 (N.S.), effective 1-10-25.
The Board of Supervisors makes the following findings and declarations:
The accumulation of combustible materials on private property is hereby found to create a fire hazard that may be injurious to the health, safety, and general welfare of the public. These conditions constitute a public nuisance that may be abated in accordance with the provisions of this chapter. The requirements in this chapter shall apply in addition to any other regulating statutes and ordinances heretofore or hereafter enacted by the State, the County of San Diego, or any other legal entity or agency having jurisdiction, including the San Diego County Consolidated Fire Code (CFC), California Public Resources Code and California Food and Agricultural Code. In the event of a conflict between the CFC and this chapter, this chapter shall prevail.
(Amended by Ord. No. 9633 (N.S.), effective 4-23-04; amended by Ord. No. 10147 (N.S.), effective 6-9-11; amended by Ord. No. 10750 (N.S.), effective 11-18-21; repealed by Ord. No. 10835 (N.S.), effective 4-13-23; readopted by Ord. No. 10927 (N.S.), effective 1-10-25)
Cross reference(s)--Uniform public nuisance abatement procedure, § 16.201 et seq.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:
(a) "CLERK" means the Clerk or Secretary of the Board of Supervisors or Board of Directors of the Enforcing Agency.
(b) "COMBUSTIBLE MATERIALS" means materials that will readily ignite, burn and transmit fire from the item to any structure or other material, including, but not limited to:
i. Combustible vegetation, as defined herein.
ii. Dead, dying, or diseased trees, which includes, but is not limited to, pest or pathogen infested trees, abandoned or neglected groves or other trees in a dying condition or no longer living.
iii. Green waste, which means organic material that includes, but is not limited to, dry grass, brush, weeds, yard trimmings, plant waste, manure, untreated wood wastes, paper products, natural fiber products, mulch and compost.
iv. Rubbish, which means waste material including, but not limited to, waste paper and debris from construction or demolition. For the purposes of this chapter, the term "rubbish" does not include putrescible material, or material that is rapidly decomposable by microorganisms, which may give rise to foul smelling, offensive products during such decomposition or which is capable of attracting or providing food for birds and potential disease vectors such as rodents and flies.
(c) "COMBUSTIBLE VEGETATION" means material that in its natural state will readily ignite, burn and transmit fire from native or landscape plants to any structure or other vegetation. Combustible vegetation does not include vegetation that is well pruned and maintained so as to effectively prevent the risk of fire ignition or transmission between vegetation and/or structures.
(d) "DEFENSIBLE SPACE" is an area either natural or man-made, where combustible materials have been treated, cleared or modified to slow the rate and intensity of an advancing wildfire and to create an area for fire suppression operations to occur. Except where otherwise indicated, defensible space shall be measured on a horizontal plane.
(e) "ENFORCING AGENCY" means the fire protection or municipal water district having authority to administer and enforce this chapter through enactment of a district ordinance adopting this chapter by reference.
(f) "FIRE CODE OFFICIAL" means the Fire Warden of the enforcing agency or his/her authorized representative, or other person designated by law, appointment or delegation and charged with the administration and enforcement of this chapter.
(g) "IMPROVEMENT" means any building or structure, permanent or temporary, that requires a permit and is erected for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. For purposes of this chapter, "improvement" shall not include sheds less than 120 square feet that do not require a construction permit, gazebos, freestanding open-sided shade structures and similar accessory structures less than 250 square feet and 30 feet or more from a dwelling, and fences more than 5 feet from a dwelling.
(h) "PARCEL" means any contiguous quantity of land in the possession of, or owned by, or recorded as the property of, the same person or entity.
(i) "RESPONSIBLE PARTY" includes, but is not limited to, any person, firm, partnership or corporation owning, renting, leasing, occupying, or otherwise controlling any parcel subject to this chapter.
(Amended by Ord. No. 7186 (N.S.), effective 9-12-86; amended by Ord. No. 9633 (N.S.), effective 4-23-04; amended by Ord. No. 10147 (N.S.), effective 6-9-11; amended by Ord. No. 10750 (N.S.), effective 11-18-21; repealed by Ord. No. 10835 (N.S.), effective 4-13-23; readopted by Ord. No. 10927 (N.S.), effective 1-10-25)
Cross reference(s)--Definitions, § 12.101 et seq.
(a) This Chapter shall be referred to as the County of San Diego Defensible Space Ordinance. The requirements of this Chapter, including all applicable enforcement procedures, have been moved to the 2023 Consolidated Fire Code adopted by the San Diego County Fire Protection District.
(Amended by Ord. No. 7186 (N.S.), effective 9-12-86; amended by Ord. No. 9633 (N.S.), effective 4-23-04; amended by Ord. No. 10147 (N.S.), effective 6-9-11; amended by Ord. No. 10750 (N.S.), effective 11-18-21; amended by Ord. No. 10835 (N.S.), effective 4-13-23; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
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