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CHAPTER 3: ABATEMENT OF FIRE HAZARDS AND HAZARDOUS TREES
Section
   23.0301   Duty to Abate Fire Hazards or Hazardous Trees.
   23.0302   Valley Area Fire Hazard Abatement.
   23.0303   Alternative Abatement of Large Parcels.
   23.0304   Mountain Area Fire Hazard Abatement.
   23.0305   Desert Area Fire Hazard Abatement.
   23.0306   Hazardous Tree Abatement Within Mountain Area.
   23.0307   Enforcement.
   23.0308   Notice and Order to Abate.
   23.0309   Emergency Abatement.
   23.0310   Appeal Procedure.
   23.0311   Removal of Fire Hazard or Hazardous Tree by Private Contractor.
   23.0312   Payment for Abatement of Fire Hazard or Hazardous Tree.
   23.0313   Enforcement Remedies and Penalties are Cumulative and Discretionary; Not Exclusive.
   23.0314   Authority to Inspect.
   23.0315   Continuing Violations.
   23.0316   Acts Including Causing, Aiding and Abetting.
   23.0317   Criminal Actions.
   23.0318   Civil Actions.
   23.0319   Administrative Citations and Penalties.
§ 23.0301   Duty to Abate Fire Hazards or Hazardous Trees.
   Every owner or person in control of any land or interest therein in the unincorporated area of the County of San Bernardino shall abate all fire hazards and hazardous trees from such land and from all sidewalks, parkways, road easements and all other easements on such land. All such fire hazards and hazardous trees are declared to be a public nuisance for which the costs of abatement may be specially assessed pursuant to Government Code § 25845. To provide firefighters defensible space and to minimize the spread of fire within 100 feet of a building or structure and pursuant to the California Public Resources Code § 4291, every owner and person in control of any buildings or structures in, upon, or adjoining any mountainous area, forest-covered lands, brush-covered lands, grass-covered lands, or any land that is covered with flammable material within the unincorporated area of the County of San Bernardino shall at all times do the following:
   (a)   Maintain a firebreak by removing and clearing away, for a distance of not less than 30 feet on each side of the building or structure or to the property line, whichever is nearer, all flammable vegetation or other combustible growth. Single specimens of trees or other vegetation may be retained provided they are well-spaced, well-pruned as defined in § 23.0304 for mountain areas in this Chapter, and create a condition that avoids spread of fire to other vegetation or to a building or structure.
   (b)   Provide a fuel break within 30 feet to 100 feet of a building or structure by disrupting the vertical and/or horizontal continuity of flammable and combustible vegetation with the goal of reducing fire intensity, inhibiting fire in the crowns of trees, reducing the rate of fire spread, and providing a safer environment for firefighters to suppress wildfire and provide structure protection in and around wildland urban interface communities. Additional fire protection or firebreak shall be made by the removal of brush, flammable vegetation, or combustible growth that is located within 100 feet from the building or structure or to the property line or at a greater distance if provided by law.
   (c)   Property owners who do fuel reduction activities that remove or dispose of vegetation should make every effort to properly reuse and/or recycle the resultant materials either on site or at an appropriate off site facility, without creating additional fire hazards and are required to comply with all federal, state or local environmental protection laws and obtain permits when necessary. Environmental protection laws include, but are not limited to, threatened and endangered species, water quality, air quality, and cultural/archeological resources.
(Am. Ord. 3586, passed --1994; Am. Ord. 4058, passed - -2008; Am. Ord. 4064, passed - -2008)
§ 23.0302   Valley Area Fire Hazard Abatement.
   (a)   Valley Area means that portion of the unincorporated area of the County of San Bernardino south and west of the National Forest boundary.
   (b)   Flammable vegetation in the Valley area means:
      (1)   Plants, unless pruned to remove dead material;
      (2)   Grass over four inches in height;
      (3)   Tumbleweeds (Russian thistle).
   (c)   Fire Hazard in the Valley Area means:
      (1)   Flammable vegetation;
      (2)   Combustible rubbish;
      (3)   Limbs and undergrowth up to six feet off the ground in Eucalyptus windrows.
(Am. Ord. 3586, passed - -1994)
§ 23.0303   Alternative Abatement of Large Parcels.
   In the case of any parcel or contiguous parcels under the same ownership upon which exists over five continuous acres of vegetation which constitutes a fire hazard, the requirements of the duty to abate fire hazards may be satisfied if there is cleared, and maintained cleared, a 40-foot wide strip of land at the boundaries of such land, and through such land so that there shall not be any portion of the land larger than two and one-half acres which is not enclosed by itself within such strip, which shall be firebreak, and all of the following conditions are also met:
   (a)   Firebreaks are not an approved abatement method for tumbleweeds (Russian thistle).
   (b)   It shall be the landowner’s responsibility to notify the enforcing agency, in writing, if the landowner wants to use the firebreak provisions of this Section.
   (c)   All fire hazards must be removed within 30 feet of any structure. Landowners are responsible for removing fire hazards on their property within 30 feet of any structure, regardless of parcel or lot lines.
   (d)   Where neighboring persons or properties are especially vulnerable to the effects of a fire, including, but not limited to schools, hospitals, mobilehome parks, retirement residences and chaparral/development interfaces, and larger breaks or solid disking are deemed necessary for fire protection, firebreaks which exceed 40 feet or solid disking of parcels larger than five acres may be required by the enforcing agency.
(Am. Ord. 3586, passed - -1994)
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