When open burning is in violation with any of the provisions of this chapter, including any violation of the California Fire Code, or creates or adds to a hazardous situation, or a required permit for open burning has not been obtained, the fire code official is authorized to order the extinguishment of the open burning operation.
When the person responsible for the fire, refuses, is unable, or not present at the fire, the Visalia fire department may immediately extinguish any fire in violation of this chapter that poses a clear and imminent danger to, or requires immediate action to prevent or mitigate the loss or impairment of, life, health, property, or essential public services. The Visalia fire department may extinguish a fire without providing prior notice or hearing to the owner or occupier of the offending premises.
A. The owner and/or occupier of the premises or the persons creating, causing, committing, or maintaining the illegal or prohibited outdoor fire shall be subject to any administrative fines (VMC Section 1.13.050), penalties, fees and costs, including reasonable attorney fees, imposed or incurred by the city pursuant to this chapter.
B. Any extinguishment performed by the city pursuant to this section shall be at the expense of the owner and/or occupier of the premises or the persons creating, causing, allowing, permitting, committing, or maintaining the prohibited outdoor fire. The city shall recover its expenses pursuant any of the methods set forth in VMC Section 1.13.110.
(Ord. 2016-20 § 2 (part), 2016)