(A) Objective. Provisions of this section are intended to modify the fuel load in areas adjacent to structures to create a defensible space for unimproved properties. “Defensible space” and “fuel modification” requirements shall be determined during the building permit process or during the design review stage in the case of a new subdivision requiring a Department Review Team approval.
(B) Fuel modifications.
(1) Fuel modifications shall be made in accordance with the fire hazard rating form to provide a defensible space within property boundaries a minimum distance of 60 feet from buildings or structures and shall be measured along the grade from the perimeter or projection of the building or structure. Persons owning, leasing, controlling, operating or maintaining buildings or structures which exhibit a fire hazard rating of high or extreme will require a defensible space around their structures and are responsible for modifying or removing non-fire-resistive vegetation and trees on the property owned, leased or controlled by said person. In new subdivision developments, the developer or his or her agent(s) will remove all three-inch diameter trees and slash from the property by approved means. The individual lot owners will be required to submit a plot plan showing a tree removal plan to meet the fuel management standards before a permit to build will be issued. The work must be complete before a certificate of occupancy will be issued.
(2) Ornamental vegetative fuels or cultivated ground cover, such as green grass, ivy, succulents or similar plants used as ground cover, are allowed to be within the designated defensible space; provided, they do not form a means of readily transmitting fire from the native growth to any structure.
(3) Trees are allowed within the defensible space provided the horizontal distance between crowns of adjacent trees (or clumps of trees) and the crowns of trees (or clumps of trees) and structures, overhead electrical facilities or unmodified fuel is not less than the required fuel management standards. Trees allowed within the defensible space that have overhanging limbs and deadwood shall be trimmed and maintained to a vertical distance of 15 feet from any adjacent structures or building roofs. The roofs of structures and buildings shall be kept free of leaves, needles or other dead vegetative growth.
(C) Corrective action. The City Council and its agents are authorized to give notice to the owner of the property within the city, upon which conditions exist that are not in compliance with the above listed fuel modifications, to correct such conditions. Abatement and control priorities shall be based on the property’s fire hazard rating and will be enforced as follows:
(1) All properties bordering to federal government lands;
(2) All properties found to be over 75 on the fire hazard rating;
(3) All properties found to be over 60 on the fire hazard rating; and
(4) All other properties. If the owner fails to correct such conditions, the City Council and its agents are authorized to cause the same conditions to be corrected and make the expense of such correction a lien upon the property where such condition exists.
(D) Appeal. The decision of the Building Official may be appealed to the Department Review Team. A written appeal must be filed with the Planning Director within ten days of the decision.
(1) No permit granted under the provisions of this chapter shall be effective until expiration of ten days following the granting of such permit. If an appeal is filed, action under any permit shall be suspended pending the outcome of the appeal.
(2) The Department Review Team shall hear the appeal within 30 days of its filing. Notice of the time and place of the appeal hearing shall be given to the applicant, appellant and other persons as deemed appropriate by the Planning Director. The Department Review Team may affirm, reverse or modify the decision of the Building Official. The decision of the Department Review team shall be final.
(Prior Code, § 7-4.03) (Ord. 843, passed - -2005) Penalty, see § 150.99