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HomeMy WebLinkAboutOrdinance - 2592 - Fire Damaged Debris Removal ORDINANCE NO. 2592 AN UNCODIFIED INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING ESTABLISHING REQUIREMENTS FOR THE REMOVAL OF FIRE DAMAGED DEBRIS FROM PRIVATE PROPERTY FOLLOWING THE CARR FIRE WHEREAS, Government Code section 36937 provides that a city council may adopt an interim ("urgency") ordinance by a 4/5ths vote of the council in order to secure the immediate preservation of the public peace, health or safety; and WHEREAS, Government Code section 36934 provides that an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Redding finds that this ordinance is necessary for the immediate preservation of the public peace, health and safety, and adopts and finds as true and correct the following findings: 1. On July 23, 2018, the Carr Fire began to burn outside of the jurisdictional limits of the City of Redding and entered the jurisdictional limits of the City of Redding on July 26, 2018. 2. Serving in his capacity as Director of Emergency Services under RMC 9.12.030, the City 0 Manager found on July 26, 2018, that extreme peril to person and property exists and declared a local emergency by means of execution of a Proclamation of the Director of Emergency Service. _b 3. At a special meeting on July 31, 2018, the City Council adopted a Resolution Confirming Existence of Local Emergency. 4. Approximately two hundred and forty (240) residential structures within the jurisdictional limits of the City of Redding were destroyed in the Carr Fire. 5. The potential for widespread toxic exposures and threats to public health and the environment exists in the aftermath of a major wildfire disaster. Debris and ash from residential and commercial structure fires can contain hazardous substances, and the health effects of hazardous substances releases after a wildfire are well-documented. 6. The combustion of building materials such as siding, roofing titles, and insulation can result in dangerous ash that contains asbestos, heavy metals, and other hazardous materials. Household hazardous waste such as paint, gasoline, cleaning products, pesticides, compressed gas cylinders, and chemicals may have been stored in homes, garages, or sheds that may have also burned in the fire, also producing hazardous materials. Exposure to hazardous substances may lead to acute and chronic health effects, and may potentially cause long-term public health and environmental impacts. Uncontrolled hazardous materials and debris pose significant threats to public health through inhalation of dust particles and contamination of drinking water supplies. Improper handling can expose workers to toxic materials, and improper transport and disposal of fire debris can spread hazardous substances throughout the community. 7. Standards and removal procedures are needed immediately to protect the environment and public health, and to facilitate coordinated and effective mitigation of the risks to the environment and public health from the health hazards generated in the Carr Fire. 8. On August 1, 2018, pursuant to California Health and Safety Code sections 101075 through 101095 and 101040, the City Health Officer issued a "Proclamation of a Local Health Emergency" due to the threats to public health posed by the existence of wildfires burning throughout the County known as the Carr Fire (the "Order"). 9. The Order prohibits removal of fire debris from residential properties without first obtaining a hazardous materials inspection from the United States Environmental Protection Agency or the California Department of Toxic Substances Control. Pending the enactment of additional requirements to address the Carr Fire disaster clean up, the Order prohibits, among other things, removal of fire-generated waste and debris without a hazardous materials inspection conducted by U.S. Environmental Protection Agency, California Department of Toxic Substances Control, or Shasta County Environmental Health Division personnel. 10. It is essential that this ordinance become immediately effective in order to mitigate the harm that could be caused to the public health and safety and to the environment from improper disturbance, removal, and/or disposal of debris containing hazardous materials, and to facilitate the orderly response to the Carr Fire disaster. Section 2. Removal of Fire Damaged Debris from Private Property. 1. Definitions. A. Council. The term "Council" means the City Council of the City of Redding. B. OES Program. For purposes of this ordinance, the term "OES Program" shall mean the fire damage debris clearance program operated by the California Office of Emergency Services for the Carr Fire in conjunction with other State and Federal agencies. C. Alternative Program. For purposes of this ordinance, the term "Alternative Program" shall mean the requirements for inspections and clean up established by the City of Redding for property owners that opt out of or are ineligible for the OES Program. D. Private Action. For the purposes of this ordinance, the term "private action" shall mean the removal of fire debris from private property damaged by the Carr Fire by persons not eligible for or opting out of the OES Program. E. Removal of Fire Debris. The term "removal of fire debris" as used in this ordinance includes all cleanup of fire debris from structures resulting from the Carr Fire, including removal, transport, and disposal of fire debris, but it does not include the removal of personal property from residential sites unless such removal of personal property involves cleanup and the removal of ash from the property. F. Right of Entry Permit. The term "Right of Entry Permit" means the Debris Removal Right-of-Entry Permit (For Providing Debris Removal on Private Property) approved by the California Office of Emergency Services for use in the cleanup after the Carr Fire. 2. Term of this Ordinance. This ordinance shall take effect immediately upon adoption and shall remain in effect until the cleanup of fire debris has been completed on all properties damaged by the Carr Fire. 3. Prohibition on Removal of Fire Debris from Private Property. Unless otherwise approved by the City Manager, no fire debris from structures shall be removed from private property without a hazardous materials inspection conducted either by the U.S. Environmental Protection Agency or California Department of Toxic Substances Control through the Office of Emergency Services' fire debris clearance program; or, by another person or agency with the appropriate expertise approved by the City Manager through the Alternative Program. 4. Removal of Fire Debris through the OES Program. A. Effect of the Right of Entry Permit. The Right of Entry Permit shall function as the sole permit and authorization for participation in the OES Program. B. Notwithstanding any contrary provision in the Redding Municipal Code, no city approvals or permits for fire debris removal are required for structures participating in the OES Program, other than the Right of Entry agreement. 5. Removal of Fire Debris through the Alternative Program. A. The City shall administratively adopt and administer the Alternative Program in the jurisdictional limits of the City of Redding under the supervision of the City Manager or his designee. The City shall utilize the state and federal standards and cleanup goals of the OES Program as the standards for the Alternative Program. Under the supervision of the City Manager or his designee, the City may administratively update these standards as necessary to address ongoing changes in the administration of the OES Program and the need to efficiently remove hazardous fire debris from the community. B. For those persons who are not eligible for the OES Program, or who opt out of the OES Program, private action to remove fire debris from fire-damaged properties is prohibited unless and until a hazardous materials inspection has been performed and authorization from the City Manager has been provided pursuant to the Alternative Program. C. The Alternative Program shall require an application that identifies the appropriate licensed contractors who will perform the work and the submission of plans that demonstrate that the standards established in the Alternative Program will be met. Work shall not begin until the City approves the application and issues a demolition permit. The City may rely upon the subject matter expertise of local, state, or federal agencies in deciding whether to approve the application. D. Upon completion of the work described in the approved plans, the Alternative Program shall require an application for certification of successful completion of the work required by the Alternative Program. E. The County of Shasta shall administer its own alternative program within its jurisdictional boundaries. However, the County Director of Environmental Health may assist the City of Redding in the enforcement of its alternative program. The County Director of Environmental Health shall be notified of applications within the City's alternative program, and compliance with the City's program shall be deemed sufficient for purposes of compliance with the Order. 6. Hold on Building Permits. Any issued building permit to repair or reconstruct a fire damaged structure or private infrastructure shall be held in abeyance and not acted upon until fire debris cleanup is completed on the affected property and completion is confirmed to the City Building Official, either through the OES Program or through the Alternative Program. 7. Deadlines and Enforcement. A. The City Manager may set deadlines for filing either an acceptable Right of Entry Permit in the OES Program or an acceptable application for the Alternative Program. B. Properties that have fire ash and debris from the Carr Fire and that have neither an approved Right of Entry Permit for the OES Program nor an approved application for the Alternative Program by the deadline set by the City Manager are hereby declared a public nuisance and public health hazard. C. The City Manager may set deadlines for the completion of work in the Alternative Program. Properties that have fire ash and debris from the Carr Fire after that deadline are hereby declared a nuisance and health hazard. D. The Council's intent is to facilitate orderly remediation of a large scale disaster. Nothing in these deadlines shall limit the authority of the City to abate hazards more quickly where required by exigent circumstances. Nothing in this Ordinance or in these deadlines limits the authority of the Health Officer to require preventive measures as defined in Health and Safety Code section 101040. Section 3. Enforcement and Abatement. A. General Enforcement Action. When the City Attorney determines that an activity is being performed in violation of this Ordinance, he may initiate an enforcement action using the process set forth in the Redding Municipal Code and may seek the imposition of costs and civil penalties pursuant to the Redding Municipal Code. Nothing in this provision is intended to prevent alternate enforcement mechanisms in law or equity under the Redding Municipal Code and state law, including but not limited to, health officer orders pursuant to Health& Safety Code section 101040. B. Summary Abatement. Pursuant to the authority of Cal. Const., art. XI, Section 7; Health & Safety Code Section 101040, Government Code Sections 38771, 38773, 38773.1, 38773.5, 38773.7 and the Redding Municipal Code, if the Building Official determines that a violation of this Ordinance has created an emergency condition which seriously endangers the public health or safety, the City may summarily abate the condition. The costs shall be charged to the property owner(s) and the City may, at its option, recover the same in an administrative or civil action. Such charges shall be in addition to any penalty for a violation of this Ordinance. 1. Pre-Abatement Notice. Unless emergency conditions preclude doing so, the Building Official shall issue a Summary Abatement Notice and Order with reasonable notice. The Notice and Order shall be mailed to the property owner(s) as listed on the last equalized tax roll. A summary of the Notice and Order shall be posted in a conspicuous location on the property to be abated at least ten (10) calendar days prior to the summary abatement action. 2. Appeal and Waiver. The property owner(s) or any person or entity having a legal interest in the property may submit a written appeal of the Building Official's Order to the City Manager no later than ten (10) calendar days from the date of mailing of the Notice and Order. The written appeal shall state the basis for the appeal. The City Manager, or his designee, shall review the appeal and shall issue a written decision no later than ten (10) calendar days after receipt. The Decision shall uphold, rescind, or modify the determination of the Notice and Order. The decision on the appeal shall be final. Failure to appeal within the time prescribed shall constitute a waiver of the right to contest the summary abatement. 3. Post Abatement Notice. After the summary abatement is completed, the Building Official shall serve the property owner(s) with a post abatement notice that sets forth: (a) the actions taken by the City; (b) the reasons for the actions; (c) a statement of the costs, expenses and attorneys fees, if any, of the abatement and notice of the City's intent to collect those costs; and (d) right to appeal the costs determination to the City Manager within ten (10) calendar days of the notice. If the property owner is responsible for any costs, expenses, or attorney's fees, such costs shall become a lien or special assessment against the property and a Notice of Abatement Lien may be recorded. 4. Post Abatement Costs Appeal. If the property owner(s) or anyone with a legal interest in the property submits a timely costs appeal, the City Manager shall schedule an administrative hearing on the matter and provide the appealing party with reasonable notice of the hearing. The City Manager, or his designee, shall conduct an administrative hearing where each party shall have the opportunity to present evidence and the City shall have the obligation to establish that the costs, including expenses and attorney's fees, if any, incurred for the summary abatement were necessary by a preponderance of the evidence. After the hearing, the City Manager, or his designee, shall issue a written decision and order that shall be served upon the appealing party within thirty (30) calendar days of the hearing unless extended by agreement of the parties. C. Judicial Enforcement Action. The City Attorney is authorized to initiate judicial enforcement as to a violation of any provision of this Ordinance without further Council approval. D. Remedies not exclusive. The remedies identified are in addition to and do not supersede or limit any and all other remedies, whether administrative, civil, or criminal. The remedies provided in this ordinance shall be cumulative and not exclusive. Should action be initiated under the Enforcement & Abatement provisions of this Ordinance, the Enforcement & Abatement provisions of this Ordinance shall control over any provisions in the Redding Municipal Code. Section 4. California Environmental Quality Act. Adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(3) regarding projects to maintain, repair, restore, or replace property or facilities damaged or destroyed as a result of a declared disaster and Section 21080(b)(4) regarding actions to mitigate or prevent an emergency, and CEQA Guidelines Section 15269(a) regarding maintaining, repairing, restoring, demolishing, or replacing property or facilities damaged or destroyed as a result of a disaster stricken area in which a state of emergency has been proclaimed by the Governor pursuant to the California Emergency Services Act, commencing with Section 8550 of the Government Code. Section 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The Board of Supervisors hereby declares that it would have passed this Ordinance and every section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. Section 6. Effective Date and Publication. A. This interim urgency ordinance is hereby adopted, and is necessary to protect the public health, safety, and welfare and shall, upon adoption by a 4/5ths' vote of the City Council, become effective and in full force and effect at 12:01 a.m. on August 22, 2018. B. The City Clerk shall cause this Ordinance to be published as required by law. I HEREBY CERTIFY that the foregoing Ordinance was introduced, read, and adopted by the City Council of the City of Redding at a regular meeting on the 21st day of August, 2018, by the following vote: AYES: COUNCIL MEMBERS: McElvain, Sullivan,Weaver,Winter, & Schreder NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None KRISTEN SCH R, Mayor ATTEST: APPROVED AS TO FORM: a PAMELA MIZ ,'City Clerk BARRY E. e ALT, City Attorney