HomeMy WebLinkAboutOrdinance 2148 - Amending Portions Title Chapter 9.20 & 16.08 111
ORDINANCE NO. 2./4g/
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
REDDING AMENDING PORTIONS OF REDDING MUNICIPAL
CODE CHAPTERS 9.20 (FIRE PREVENTION) AND 16.08
(HOUSING AND BUILDING CODES).
Section 1. Chapter 9.20 (Fire Prevention) of the Redding Municipal Code is amended by
adding sections 9.20.160, 9.20.170, 9.20.180, 9.20.190, 9.20.200 and 9.20.210, to read as follows:
9.20.160 Clearance of Brush and Vegetative Growth
Persons owning,leasing,renting,controlling,operating or maintaining any structure in the City or
persons owning, leasing,renting or controlling land adjacent to any structure in the City,whether or not
the structure is in a"hazardous fire area"as that term is used in the Uniform Fire Code, shall remove brush
or vegetative growth from areas around the structure in accordance to and in compliance with the
provisions of the Uniform Fire Code,as adopted,Appendix II-A, Section 16.
9.20.170 Very High Fire Hazard Severity Zones
As required by Chapter 6.8 of Part 1 of Division 1 of Title 5 of the Government Code, the Fire
Chief shall designate Very High Fire Hazard Severity Zones, as defined by section 51177 of the
Government Code,in conjunction with the California Department of Forestry and Fire Protection. The Fire
Chief shall prepare and sign a map of the Very High Fire Hazard Severity Zones and shall update it as
required by law. This map shall be made available and accessible to the public.
9.20.180 Fire Prevention in Specified Areas and Very High Fire Hazard Severity Zones
Any person who owns, leases, controls,operates or maintains any occupied structure in,upon,or
adjoining any mountainous area,forest-covered land,brush-covered land,grass-covered land, or any land
that is covered with flammable material, which area or land is within a Very High Fire Hazard Severity
Zone, shall at all times do all of the following:
A. Maintain around and adjacent to the structure a firebreak made by removing and clearing
away, for a distance of not less than 30 feet on each side thereof or to the property line,
whichever is nearer,all flammable vegetation or other combustible growth. This paragraph
does not apply to single specimens of trees,ornamental shrubbery, or similar plants that are
used as ground cover, if they do not form a means of rapidly transmitting fire from the
native growth to any dwelling or structure.
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1. "Single specimen tree"means any live tree that stands alone in the landscape so as
to be clear of buildings,structures, combustible vegetation,or other trees,and that
does not form a means of rapidly transmitting fire from the native growth to any
occupied structure.
B. Maintain around and adjacent to the occupied structure additional fire protection or
firebreaks made by removing all brush,flammable vegetation, or combustible growth that
is located from 30 feet to 100 feet from the occupied structure or to the property line,
whichever is nearer,as may be required by the City if the City finds that,because of extra
hazardous conditions,a firebreak of only 30 feet around the occupied dwelling or occupied
structure is not sufficient to provide reasonable fire safety. Grass and other vegetation
located more than 30 feet from the dwelling or structure and less than 18 inches in height
above the ground may be maintained where necessary to stabilize the soil and prevent
erosion.
C. Remove that portion of any tree that extends within 10 feet of the outlet of any chimney
or stovepipe.
D. Maintain any tree adjacent to or overhanging any structure free of dead or dying wood.
E. Maintain the roof of any structure free of leaves,needles, or other dead vegetative growth.
F. Provide and maintain at all times a screen over the outlet of every chimney or stovepipe
that is attached to any fireplace,stove,or other device that bums any solid or liquid fuel.
The screen shall be constructed and installed in accordance with the California Building
Standards Code.
A person is not required under this section to maintain any clearing on any land if that person does not have
the legal right to maintain the clearing,nor is any person required to enter upon or to damage property that
is owned by any other person without the consent of the owner of the property. In addition,the exemptions
and exceptions set forth in sections 51183 and 51184 of Chapter 6.8 of Part 1 of Division 1 of Title 5 of
the Government Code shall apply to this section.
9.20.190 Penalties
A. A violation of the Uniform Fire Code as adopted pursuant to section 9.20.010, the
provisions of Chapter 9.20, section 9.32.010, subsection E of section 16.08.020, or any
state statute addressing fire prevention or fire control is an infraction punishable by a fine
not exceeding two hundred fifty dollars($250.00).
B. A violation of section 9.20.180 is an infraction punishable by a fine of not less than one
hundred dollars($100.00)nor more than five hundred dollars($500.00).
C. If within five(5)years of a first violation, a person is convicted of a second violation of
section 9.20.180,that person shall be punished by a fine of not less than two hundred fifty
dollars($250.00)nor more than five hundred dollars($500.00).
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D. If within five(5)years of a first violation,a person is convicted of a third violation of the
Uniform Fire Code as adopted pursuant to section 9.20.010,the provisions of Chapter 9.20,
section 9.32.010, subsection E of section 16.08.020, or any state statute addressing fire
prevention or fire control,that person is guilty of a misdemeanor.
E. If within five (5) years of a first violation, a person is convicted of a third violation of
section 9.20.180,that person is guilty of a misdemeanor and shall be punished by a fine of
not less than five hundred dollars($500.00).
9.20.200 Enforcement-Citation Authority
A. The Fire Chief,Fire Marshal,Assistant Fire Marshal,Battalion Chiefs, and Fire Inspectors
("designated officials") are authorized to issue field citations to any person whenever a
designated official has reasonable cause to believe that the person has committed a
violation of the Uniform Fire Code as adopted by section 9.20.010, the provisions of
Chapter 9.20, section 9.32.010, subsection E of section 16.08.020, or any state statute
addressing fire prevention or fire control in his or her presence,and are further authorized
to exercise the authority provided by Penal Code sections 19.7 and 836.5.
B. Nothing in this section or section 9.20.190 shall diminish or otherwise modify the authority
of persons who are empowered to enforce the Redding Municipal Code or state law
because of their status as peace officers or because of other authorizing status.
9.20.210 Violations -Abatement,Liens,Public Nuisance
A. If after notice to the owner of property of a violation of section 9.20.180,the owner of the
property fill to correct the violation,the City may cause the violation to be corrected and
the expenses incurred by the City in correcting the violation shall become a lien on the
property pursuant to California Government Code section 51186.
B. A violation of section 9.20.180 may be considered a public nuisance.
Section 2. Section 16.08.020, subsection E, of Redding Municipal Code Chapter 16.08
(Housing and Building Codes) is amended to read as follows;subsection F is deleted; and subsection G
is relettered as new subsection F:
16.08.020 Uniform Building Code Adopted.
E. In addition to the requirements of Section 1504 of the Uniform Building Code,structures
located in Very High Fire Hazard Severity Zones, as defined in section 51177 of the
California Government Code,shall meet the requirements in this subsection. Pursuant to
section 9.20.170 of the Redding Municipal Code, a map of the Very High Fire Hazard
Severity Zones shall be prepared and signed by the Fire Chief and shall be updated as may
be required by law.
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1. Prior to January 1, 1997, every new structure and every existing structure when
fifty percent(50%)or more of the total roof area is reroofed within any one year
period,shall have a fire retardant roof covering that is at least Class B as defined in
the Uniform Building Code as adopted.
2. On or after January 1, 1997,every new structure and every existing structure when
fifty percent(50%)or more of the total roof area is reroofed within any one year
period,shall have a fire retardant roof covering that is at least Class A as defined in
the Uniform Building Code as adopted.
3. The installer of a roof covering on a structure located in a Very High Fire Hazard
Severity Zone shall provide certification of the roof covering classification to the
Building Official.
All other structures not located in a Very High Fire Hazard Severity Zone shall have at least
a Class C roof covering which complies with the Uniform Building Code standard 15-2,
Volume 3.
Section 3. The adoption of this ordinance is exempt from the application of the California
Environmental Quality Act pursuant to California Resources Code section 21080(b)(15).
Section 4. This ordinance shall take effect 30 days after the date of its adoption, and the City
Clerk shall certify to the adoption of inance and cause its publication according to law.
I HEREBY CERTIFY that this ordinance was introduced and read at a regular meeting of the City
Council on the 2nd day of April , 1996; and was read and adopted at a regular meeting of the
City Council on the 16th day of April , 1996,by the following vote:
AYES: COUNCIL MEMBERS: P. Anderson, R. Anderson, Kehoe, Murray and McGeorge
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
/4e_ �.i/ i. /�_ ei�.�
Mayor I r
ATTEST: FORM APPROVED:
♦ / • /fin/
CONNIE STRO :1 • YER, Ci V elk W. LEONARD WIN , City Attorney
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In the Superior Court of the State of California
in and for the County of Shasta
CERTIFICATE OF PUBLICATION
ORDINANCE NO.2148
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RED-
DING AMENDING PORTIONS OF REDDING MUNICIPAL CODE
CHAPTERS 9.20 (FIRE No. 2148 AND BUILDING CODES).PREVENTION) AND 16.08 (HOUSING
Section 1.Chapter 9.20(Fire Prevention)of the Redding Munici-
pal Code is amended by adding sections 9.20.160, 9.20.170,
Notice of Ordinance 9.20.180,9.20.190,9.20.200 and 9.20.210,to read as follows:
9.20.160 Clearance of Brush and Vegetative Growth
Peranns owninn- leasina. renting. controllina. ooeratino or
0 9.20.210 Violations-Abatement,Liens,Public Nuisance
It
A. If after notice to the owner of property of a violation of sec-
State of California tion 9.20.180,the owner of the property fails to correct the vio-
lotion,the City may cause the violation to be corrected and the
County of Shasta expenses incurred by the City in correcting the violation shall
r, .become a lien on the property pursuant to California Govern-
'ment Code section 51186.
B. A violation of section 9.20.180 may be considered a public
I hereby certify that the Record Searchlight is a nuisance.
newspaper of general circulation within the provisions P Section 2.Section 16.08.020,subsection E,of Redding Munici-
pal Code Chapter 16.08 (Housing and Building Codes) is
of the Government Code of the State of California, amended to read as follows;subsection F is deleted;and sub-
section G is relettered as new subsection F:
printed and published in the City of Redding,County
18.08.020 Uniform Building Code Adopted.
of Shasta, State of California;that I am the principal E. In addition to the requirements of Section 1504 of the Un-
[,iform Building Code,structures located in Very High Fire Hazard
clerk of the printer of said newspaper;that the notice Severity Zones, as defined in section 51177 of the California
Government Code,shall meet the requirements in this subsec-
of which the annexed clipping is a true printed copytion. Pursuant to section 9.20.170 of the Redding Municipal
'Code,a map of the Very High Fire Hazard Severity Zones shall
was published in said newspaper on the following r be prepared and signed by the Fire Chief and shall be updated
• as may be required by law.
dates,to wit; ii, 1. Prior to January 1, 1997, every new structure and every
P existing structure when fifty percent(50%)or more of the total
roof area is reroofed within any one year period,shall have a
iii fire retardant roof covering that is at least Class B as defined in
April 24, 1996 ` the Uniform Building Code as adopted.
l• 2. On or after January 1, 1997,every new structure and every
• existing structure when fifty percent(50%)or more of the total
rgof area is reroofed within any one year period,shall have a
I certify under penalty of perjury that the forgoing fire retardant roof covering that is at least Class A as defined in
the Uniform Building Code as adopted.
is true and correct,at Redding,California on the 3.The installer of a roof covering on a structure located in a
Very High Fire Hazard Severity Zone shall provide certification
. of the roof covering classification to the Building Official.
Ail other structures not located in a Very High Fire Hazard Se-
verity Zone shall have at least a Class C roof covering which
24th day of April, 1996. complies with the Uniform Building Code standard 15-2,Vol-
ume 3.
Section 3.The adoption of this ordinance is exempt from the
application of the California Environmental Quality Act pursuant
. to California Resources Code section 21080(b)115).
Section 4.This ordinance shall take effect 30 days after the date
of its adoption,and the City Clerk shall certify to the adoption of
r
finance and cause its publication according to law.
I HEREBY CERTIFY that this ordinance was introduced and read
Si tore 1 at a regular meeting of the City Council on the 2nd day of April,
1996;and was read and adopted at a regular meeting of the City
Council on the 16th day of April,1996,by the following vote:
AYES:COUNCIL MEMBERS:P.Anderson,R.Anderson,Kehoe,
r Murray and McGeorge
NOES:COUNCIL MEMBERS:None
RECORD SEARCHLIGHT •. ABSENT:COUNCIL MEMBERS:None
• ABSTAIN:COUNCIL MEMBERS:None
1101 Twin View Blvd.,Redding,California 96003 • s/David L.McGeorge
DAVID L.MCGEORGE,Mayor
ATTEST:
- s/Connie Strohmayer
CONNIE STROHMAYER,City Clerk
FORM APPROVED:
s/W.Leonard Wingate
BIC " E D w.LEONARD WINGATE,City Attorney
April24,1996 4091974
MAY 1 1996
PUR. DEPT,