Wildfire Prevention: Let’s Treat It as If Our Lives Depend on It

Additional Recommendations 1

These recommendations are not explicitly linked to specific findings.

• R50-70
  miles and mows an estimated 40-50 miles of the 560 miles of county-maintained roadway. The maintenance cycle is completed every eight to ten years. The plan reveals that the County has now set the target objective of increasing the maintenance cycle to three to five years, which is aligned with best practices. Nevada County has had recent success getting grants to help fund these efforts. In March 2020, CAL FIRE awarded a $868,084 grant to Nevada County to remove hazardous vegetation along 200 miles of county-maintained roads and an additional $1.5 million to the Truckee Community Wildfire Protection Plan to create shaded fuel breaks and right of way clearance on 682 acres. Vacant land Vacant properties are located throughout the county, some are in close proximity to neighborhoods. As has been pointed out by officials, wildfire knows no property line so unmaintained vacant properties can hold the same kind of fire risk as unmaintained properties 8 Wildfire Prevention: Let’s Treat It as If Our Lives Depend on It with a structure. One of the higher-profile fires of 2019 was started at a vacant property in a homeless campground near the corner of Sutton and Dorsey way. According to the Nevada County Assessor, as of June 30, 2019, there were 14,560 parcels in Nevada County without a permitted structure, also known as vacant land. Fire officials report the only vegetation management regulations that exist over vacant properties are in the areas where the vacant property might be part of a neighbor’s defensible space zone or along a roadway. Vacant property poses a difficult challenge for regulators, both because the property owner may not live in the county and because the cost of vegetation management can be expensive. A 2007 community wildfire report details resistance the county met as they attempted to address vegetation management on vacant and large properties. The Bureau of Land Management (BLM) was reported to be the least cooperative agency regarding forest management or vegetation management by all state and local officials interviewed by the Jury. On February 13, 2020, BLM announced that it will construct and maintain up to 11,000 miles of strategic fuel breaks to reduce wildfire in six states, including California. At the writing of this report, locations of the fuel breaks had not been determined. As noted by Nevada County, the federal government provides oversight on US Forest Service and BLM lands (approximately 178,400 and 10,500 acres respectively), while state government provides oversight on state parks and other smaller state properties (approximately 23,600 acres within holdings like Malakoff Diggins State Historic Park and Empire Mine State Historic Park). State and federal lands, which occupy about one-third of the county, are outside of the purview of the Jury and therefore not addressed in this report. Additional context 1) Fiscal Year 2020 Budget: The total Nevada County budget for the current fiscal year is $258 million and there are approximately 794 employees. The Emergency Services budget, which covers more than the defensible space program, is $1.292 million and calls for two full time employees (a program manager and an Administrative Analyst II) as well as 5,000 hours of employment for temporary, part-time defensible space inspectors. In the budget, the OES program manager position is in the Sheriff’s Office and is reimbursed under “other charges”. The county’s budget for the defensible space program in 2019-2020 is $224,328 and includes DSI staff, office expenditures related to that staff and contracts with the Fire Safe Council. Budget documents also indicate that there are “1,000 Hrs. to be used for Defensible” but the meaning of that is unclear. OES reports to the Director of Information and General Services. Wildfire Prevention: Let’s Treat It as If Our Lives Depend on It 2) Board Objectives: The County BOS has included wildfire prevention as one of its top priorities for this fiscal year. A full copy of the objectives may be found on the Nevada County website. The 2019-2020 wildfire objective is: Prioritize the implementation of existing county policies and programs to reduce the risk of wildfire and the effects of wildfire on life, property and the environment. Pursue hazardous vegetation mitigation funding sources and support related community partners with their efforts. Explore other ways to reduce the threat and damage from wildfires. There are 13 initiatives tied to this objective (one is listed twice), ranging from “increase the number of county staff trained and responsible for responding to emergencies” to “[p]rovide the public more convenient and affordable green waste disposal”. On December 17, 2019 in a presentation to the BOS, only six of the thirteen initiatives were reviewed and all were rated on target. Those initiatives were: Ÿ Launch and maintain a public awareness campaign to increase wildfire prevention, preparedness and personal responsibility Ÿ Bring together community organizations with a shared wildfire mission to establish ongoing, coordinated approach to wildfire prevention, plans and projects Ÿ Increase Code Red registrations Ÿ Further mature and develop the Emergency Operations Center staffing, capabilities, training systems, resources and response readiness Ÿ Seek and secure funding for wildfire prevention and preparedness initiatives Ÿ Complete the Ponderosa West Fuel Break 3) General Plan: Nevada County has a BOS-approved, long-term policy guide that directs its physical, economic and environmental future. It is called the General Plan and can be located on Nevada County’s website. Chapter 10 of the General Plan, adopted in February 2020, lists ten prioritized Emergency Preparedness goals; the first goal listed was “Maintain the cooperative relationship between the Nevada County Community Development Agency and the Nevada County Fire Marshal, and provide funding for the appropriate staffing of the County Fire Marshal services to provide oversight and implement fire protections policies.” The Nevada County Fire Marshal referenced in this goal works for CAL FIRE and is responsible for reviewing building plans to ensure code compliance. Wildfire Prevention: Let’s Treat It as If Our Lives Depend on It 4) Funding: Funding that is dedicated to fire prevention traditionally comes from three sources: discretionary budget allotment by the County BOS, funding supplied by grants and the money spent by homeowners. The 2018-2019 Grand Jury report Facing Year-Long Fire Seasons: Are We Prepared found: “The county doesn’t allocate sufficient budgetary resources for its abatement ordinance or fire prevention efforts.” The BOS responded with the following: Disagree. The County has increased its overall Emergency Management budget by 88% since FY2017/18 from $622,443 to $1,292,996 in FY2019/20. Within the overall service budget unit, the County has quadrupled its Defensible Space Inspection Program and prevention efforts. Moreover, Nevada County Public Works is projecting to spend approximately $708,000 for vegetation removal along the County's maintained roadways for FY2019/20, which is approximately 30% of the Roads-Maintenance service budget unit. The Jury finds no evidence that the current funding levels are sufficient, even though the budget increased in the current year. In fact, County OES staff presented the BOS with a fire prevention funding gap of over $5 million dollars six months after providing the above response to the Jury. Currently, Nevada County is collaborating with stakeholders to bring a formal needs assessment, a timeline, and more details to the BOS before a summer deadline to place a tax measure on the November ballot. The County has applied for and received a number of grants to help fund fire suppression efforts. In total, OES applied for $10.6 million dollars in grants in 2018-19 and was awarded $3.5 million. In December 2019, the Board of Supervisors authorized OES to submit seven applications to CAL FIRE in the total amount of $8,858,397. In March 2020, CAL FIRE announced the award of $868,000 for egress and ingress work. The amount of money spent by homeowners on fire prevention is unknown, but clearly the levels have increased in recent years. 5) Home Insurance: The 2020 Nevada County General Plan states the following: “The County shall work with the California Department of Insurance to obtain recognition that Nevada County has developed fire safety programs that promote compliance with fire safety regulations, which may help to address homeowner fire insurance challenges.” 11 Wildfire Prevention: Let’s Treat It as If Our Lives Depend on It Home Insurance remains a concern for many Nevada County homeowners. Many homeowners have lost their current carrier or face significant increases to coverage rates. State Insurance Commissioner Ricardo Lara visited this area last August and spoke to standing room only crowds. Among other things, he reported that complaints about non-renewals have increased 600% since 2010 in areas with increased fire risk. Commissioner Lara also clearly stated that communities must set – and follow – fire prevention standards as a way of helping to offset future insurance cancellations. Findings F1 Wildfire prevention is a collective goal for the community and we rely on each other to help reduce the risk. F2 The number of Firewise Communities has increased over the past few years, proving that more county residents are involved in fire prevention activities. F3 there were 47 communities listed on the Firewise USA site for Nevada County, leaving 39 communities on the waiting list. F4 Defensible space regulations, designed to reduce the potential impact of wildfire, are critical to the community. There are over 100 inspectors in the county who have been trained by the Fire Safe Council and Truckee Fire Protection District to assist with DSI inspections. F5 Not every homeowner will comply voluntarily with state, county and local ordinances. Nevada County has been enforcing Ordinance No. 2463 using defensible space inspectors to cite those out of compliance. F6 Nevada County’s DSI inspectors conduct few proactive inspections because the majority of their time is spent on the complaints received. F7 Nevada County is on track to end the fiscal year without using all the funds budgeted to hire DSI inspectors because it has been unable to hire for the positions available. F8 Even if all Nevada County DSI positions were filled, the county does not have enough DSI’s to inspect vegetation management at every property with a structure every five years, which is best practice. F9 The lack of a central repository of data makes it difficult to know how many defensible space inspections have been completed and when a property was last inspected. Wildfire Prevention: Let’s Treat It as If Our Lives Depend on It F10 Not all property owners in the county are aware that they are responsible for clearing their private roads. F11 Not all residents in the county are aware that they may file a complaint with DSI’s to inspect private roads for ingress/egress and compliance with Ordinance No. 2463. F12 A public awareness campaign about owner responsibility of clearing private roads would assist in compliance. F13 Nevada County does not have enough DSI’s to inspect every private road every five years, which is best practice. F14 Current Nevada County ordinances do not deal adequately with vegetation management of vacant properties F15 The free green waste community cleanup campaign in 2019 was more successful than anticipated and is being planned again for 2020. F16 Current fire prevention funding levels are inadequate. Nevada County OES staff has presented the BOS with a funding gap of $5.4-$10.1 million dollars, along with the idea of a sales or property tax to close the gap. Recommendations The Nevada County Grand Jury recommends the following: R1 The BOS and OES should financially support certification of the Firewise Communities currently on the waiting list. R2 Nevada County should meet with trained defensible space inspectors who volunteer their time to better understand why the paid DSI positions remain unfilled. R3 Nevada County DSI inspectors should significantly increase their efforts to inspect more than just complaint-driven properties. R4 The BOS should direct staff to collect information from CAL FIRE, Fire Districts, HOAs, Fire Safe Council and others to develop a database on defensible space inspections, which would be searchable by property to reveal the date that a property was last inspected. R5 The BOS and local fire districts should develop a campaign to educate landowners about their responsibility to clear private roads. Wildfire Prevention: Let’s Treat It as If Our Lives Depend on It R6 The BOS and local fire districts should develop a campaign to educate county residents that they may file a complaint on private roads as well as on defensible space. R7 To assist in effective evacuation efforts, members of the public should file complaints with the OES DSI program if private road vegetation management impedes ingress and egress to their home. R8 The BOS should develop and fund a private road inspection program that prioritizes private roads and inspects high priority roads in alignment with best practices. R9 The BOS should direct staff, with stakeholders including members of the public, to develop appropriate vegetation management regulations for vacant properties. R10 The BOS should direct staff, based on statistics, to determine the number of inspectors needed to inspect occupied structures, private roads and undeveloped property in accordance with best practices. Once the number has been determined, Nevada County should work toward increasing the number of DSI in order to meet the goal. R11 The BOS should continue to financially support the free community green waste pick- up program. Request for Responses Pursuant to Penal Code section 933.05, the Nevada County Civil Grand Jury requires responses from the following: • The Nevada County Board of Supervisors for: o Findings F5, F6, F7, F8, F9, F10, F11, F12, F13, F14, and F16. o Recommendations R1, R2, R3, R4, R5, R6, R8, R9, R10, and R11. o Responses are due by September 3, 2020. • Grass Valley Fire Department, Higgins Fire Protection District, Nevada City Fire Department, Nevada County Consolidated Fire District, North San Juan Fire Protection District, Ophir Hill Fire Protection District, Rough and Ready Fire Protection District, Penn Valley Fire Protection District, Peardale-Chicago Park Fire Protection District and Truckee Fire protection District for: o Findings F5, F10, F11 and F12. o Recommendations R5 and R6. o Responses are due by August 4, 2020. Wildfire Prevention: Let’s Treat It as If Our Lives Depend on It Pursuant to Penal Code section 933.05, the Nevada County Civil Grand Jury invites responses from the following: • The Nevada County Office of Emergency Services for: o Findings F5, F6, F7, F8, F13 and F14. o Recommendations R1, R2, R3, R4, R5, R6, R8, R9, R10, and R11. o Responses are invited by September 3, 2020. • The Nevada County Human Resources Department. o Recommendation R2. o Responses are invited by September 3, 2020. Attachments: County of Nevada Hazardous Vegetation Abatement Ordinance No. 2463 15 Wildfire Prevention: Let’s Treat It as If Our Lives Depend on It ORDINANCE No. 2~~3 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF NEVADA AN URGENCY ORDINANCE AMENDING ARTICLE 7 OF CHAPTER IV OF THE NEVADA COUNTY GENERAL CODE REGARDING HAZARDOUS VEGETATION ABATEMENT (4/5 AFFIRMATIVE VOTE REQUIRED) THE BOARD OF SUPERVISORS OF THE COUNTY OF NEVADA, STATE OF CALIFORNIA, ORDAIN AS FOLLOWS SECTION I: The Nevada County Board of Supervisors hereby finds and determines as follows: 1. Of paramount importance to the Nevada County Board of Supervisors and the citizens of Nevada County are the protection of lives and structures from the threat of wildfire, and the safety of fire and law enforcement during wildfires. The proper establishment of defensible space benefits property owners, public safety personnel and all citizens of Nevada County by dramatically increasing the likelihood that structures will survive a wildfire, provides for firefighter safety during a firestorm and generally aids in the protection of lives. 2. During the fire season, Nevada County generally has a dry, arid climate conducive to wildfires. Nevada County also has a very diverse and complex landscape , which includes dry, brush-covered and grass-covered wildlands, mountainous areas, dense heavily forested properties and other terrains which are home to many sensitive plant and animalspecies. Many of the County's native and non-native plant species can be highly combustible during normal dry periods and have contributed to significant wildfires within the County. Difficult topography and terrain exacerbate the fire danger and the difficulty off ighting wildfires, and have resulted in catastrophic fire losses to life, property and the environment. Due to the extreme dry weather that we have had recently this justifies the need for an urgency ordinance. 3. With the recent fire events, the community has expressed concern about fire safety. The Board of Supervisors Objectives include to "Reduce the risk of local wildfire and the effects of wildfire on life, property and the environment by providing leadership and support to community partners, pursuing State and Federal funding, implementing county policies and programs, and assisting the public to be "wildfire ready." Explore other ways to reduce the threat and damage from wildfires." This Ordinance provides mechanisms for inspections, notices, enforcement, and vegetation abatement. To allow time for an effective defensible space inspection period to occur prior to the start of fire season an update to the vegetation abatement ordinance is necessary. 4. The proposed ordinance is an urgency measure which, if adopted by a 4/Sths vote, will become effective immediately. Government Code section 25123(d) authorizes the Board to adopt an urgency ordinance "for the immediate preservation of the public peace, health, or safety." SECTION II: Article 7 of Chapter IV of the Nevada County General Code is hereby amended to read as shown in E~ibit A attached hereto and incorporated herein by this reference. SECTION III: The County finds that this Article is not subject to the California Environmental Quality Act (CEQA)p ursuant to the following categorical exemptions: Section 15304( minor public or private alterations in the condition of land, water and/or vegetation which do not involve the removal of healthy, mature, scenic trees except for forestry and agricultural purposes, including but not limited to specified fuels management activities within 100 feet of a dwelling), 15301 (maintenance or minor alteration of topograph ical features, including existing landscaping and native growth), 15307 (actions taken as authorized by local ordinance to assure the protection of natural resources), 15308 (actions taken as authorized by local ordinance to assure the protection of the environment) and 15321 (action by agency for enforcement of a law, general rule, standard or objective administered or adopted by the agency, including by direct referral to the County Counsel as appropriate for judicial enforcement). SECTION IV: Severability. If any provision of this Article or the application thereof to any person or circumstance is held invalid, the remainder of this Article, including the application_ of such part or provision to other circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Article are severable. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one (1) or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be held unconstitutional, invalid or unenforceable. Pursuant to Government Code section 25123(d), this Ordinance shall take effect and be in force immediately upo n the passage hereof, and before the expiration of fifteen (1S) days after its passage it shall be published once, with the names of the Supervisors voting for and against same in The Union, a newspaper of general circulation printed and published in the County of Nevada. PASSED AND ADOPTED by a majority vote of the Board of Supervisors of the County of Nevada at a regular meeting of said Board, held on the 26th day of March, 2019, by the following vote of said Board: Ayes: Supervisors Heidi Hall, Edward Scofield, Dan Miller, Susan K. Hoek and Richard Anderson. Noes: None. Absent: None. Abstain: None. ATTEST: JULIE PATTERSON HUNTER Clerk of the Board of Supervisors t c ~1 ~ n V yt Richard Anderson, Chair 3/26/2019 cc: GIS* Union* COB* Coco* nC* exhibit A ARTICLE 7 HAZARDOUS VEGETATION AND COMBUSTIBLE MATERIALABATEMENT Sec. G-IV 7.1 Findings A. The Nevada County Board of Supervisors supports the improved parcel defensible space obligations found in California Public Resources Code Section( PRC)4 291 and as adopted in the County's local amendments to the California Building Standards Code. However, PRC 4291 does not address hazardous vegetation and combustible material abatement beyond the property line of a parcel on which a protected building or structure is located or the potential impact that hazardous vegetation beyond a property line could have on an adjacent improved parcel. This Article extends and supplements state law, utilizing the same treatment requirements as provided by PRC 4291, to ensure defensible space is maintained on parcels adjacent to improved parcels and along emergency access and evacuation routes and fire access easements so that land owners benefit from defensible space on adjacent parcels where appropriate. B. During xhe fire season, Nevada County generally has a dry, grid climate conducive to wildfires. Nevada County also has a very diverse and complex landscape, which includes dry, brush-covered and grass-covered wildlands, mountainous areas, dense heavily forested properties and other terrains which are home to many sensitive plant and animal species. Many of the County's native and non-native plant species can be highly combustible during normal dry periods and have contributed to significant wildfires within the County. Difficult topography and terrain exacerbate the fire danger and the difficulty of fighting wildfires, and have resulted in catastrophic fire losses to life, property and the environment. C. Of paramount importance to the Nevada County Board of Supervisors and the citizens of Nevada County are the protection of lives and structures from the threat of wildfire, and the safety of fire and law enforcement during wildfires. The proper establishment of defensible space benefits property owners, public safety personnel and all citizens of Nevada County by dramatically increasing the likelihood that structures will survive a wildfire, provides for firefighter safety during a firestorm and generally aids in the protection of lives. D. The purpose of this Article is to provide for the removal of hazardous vegetation and combustible material from around the exterior of improvements situated in the unincorporated areas of the County to reduce the potential for fire and to promote the public health, safety and welfare of the community. It is the further purpose of this Article to establish a hazardous vegetation abatement program that provides a process to identify and abate hazardous vegetation on parcels and protects the lives and property of the citizens of Nevada County, while at the same time protecting sensitive plant and animal species and protecting against significant erosion and sedimentation. The removal of hazardous vegetation in the areas subject to this Article is recognized as an essential action homeowners and property owners can take to increase the chances that homes, structures and other property will survive a wildfire, while protecting the natural environment. Regular fuels management and modifications consistent with the requirements of this Article is necessary to ensure adequate defensible space is achieved. The defensible space required by this Article is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite the structures, and there is no other feasible mitigation measure possible to reduce the risk of ignition or spread of wildfire to structures on adjacent improved parcels. E. The Nevada County Board of Supervisors does not provide fire protection or suppression services within the County. Such services within Nevada County are provided by CAL FIRE and numerous independent local fire protection districts, the United States Forest Service, and the Bureau of Land Management. The Nevada County Board of Supervisors finds and declares that CAL FIRE and the local fire protection districts, individually or collectively are best suited and equipped to implement this Article, with inspections, enforcement, and abatement by County officials when appropriate. F. This Article is enacted by ordinance pursuant to the powers granted to the board of supervisors concerning the abatement of hazardous vegetation and combustible material as contained in Section 14930 and Section 14931 of the Health and SafeTy Code of the state of California. Additional 1 authority for the abatement of nuisances, establishment of procedures, and establishment of real property liens through the board of supervisors is provided in Section 25845 and 25845.5 of the Govermnent Code of the state of California. Sec. G-IV 7.2 Application of Article This Article shall apply to: A. All Parcels adjacent to Improved Parcels where:( a) the owner/occupant of the Improved Parcel is unable to obtain the required defensible space, as delineated in adopted County Codes; and (b) the current condition of fuels on the subject Parcel is assessed by the Public Official as a hazardous fire condition. The owner of the subject Parcel shall provide the fuel modifications to meet the defensible space requirements of the adjacent Improved Parcel subject to applicable law including the finding that the clearing is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite the structure, and there is no other feasible mitigation measure possible to reduce the risk of ignition or spread of wildfire to the structure. B. All Parcels where: a. The parcel is adjacent to a roadway which is determined by the Public Official to be necessary for the safe ingress and egress to the area served by the roadway or fire access easement; and b. The current condition of fuels on the adjacent Parcel is assessed by the Public Official as a hazardous fire condition. C. This Article shall be applicable to all unincorporated areas of the county. D. This Article may be enforced within those unincorporated areas by independent fire districts having governing bodies other than the Board, provided the governing body takes action to enforce this Article by adopting an appropriate resolution authorizing the fire chief of the district to enforce the requirements of this Article. E. The owner, occupant or other person in control of the improved parcel shall be responsible for fifty (50) percent of the abatement cost on the adjacent parcel if the owner of said adjacent parcel consents in writing to the abatement. F. If any part of this Article is in conflict with any other part of this code the more restrictive provisions) shall control. Sec. G-IV 7.3 Definitions As used in this Article, the following definitions shall apply: A. "Abate" or "Abatement" shall mean an act used to remove, destroy, eliminate, size, impound, or any action taken to mitigate a public nuisance. B. "Abatement costs" shall mean any and all costs incurred by the County or a local independent fire district to enforce this Article and to abate the hazardous vegetation or combustible material on any property pursuant to this Article, including physical abatement costs, administration fees and any additional actual costs incurred for the abatement proceeding(s), including attorney's fees, if applicable. C. "Biomass" shall mean all green waste material generated during the fuels treatment project. Biomass includes, without limitation, all grass, weeds, vegetation and tree trimmings. D. "Board of Supervisors" or "Board" shall mean the Board of Supervisors for the County of Nevada. E. "Citation" or "Administrative Citation" shall mean a civil citation issued pursuant to the Article stating there has been a violation of one or more provisions and setting the amount of the civil penalty to be paid by the responsible party. F. "Combustible material" shall mean all rubbish, litter or material of any kind other than hazardous vegetation that is combustible and endangers the public safety by creating a fire hazard. G. "County" shall mean the County of Nevada, a political subdivision of the State of California. H. "Days" shall mean calendar days. I. "Defensible space" means that area described in Public Resources Code section 4291 and as otherwise described in this Code, which is adjacent to each side of a building or structure and must be cleared of all brush, flammable vegetation, or combustible growth, subject however to the exceptions set forth in this Code. J. "Fire hazard" shall mean any condition, arrangement, act or omission which: a. Increases, or may cause an increase of hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire; or b. May obstruct, delay, hinder or interfere with the operations of a fire department or the egress of occupants in the event of fire. K. "Fuel Modification Area" shall mean a strip of land in which the following fuel reduction activities are required to occur: a. Cut and remove all weeds and grasses down to four (4) inches or lower; b. Prune and remove "ladder fuels" up to ten (10)f eet or higher; c. "Mosaic" all stands of brush; d. Remove all dead or decaying trees and tree limbs; and e. Perform any other fire protection or maintenance activities within the Fuel Modification Areas) consistent with the standards and requirements contained in PRC 4290 or as required by a Public Official. L. "Hazardous vegetation" shall mean any vegetation that is combustible and endangers the public safety by creating a fire hazard. Hazardous vegetation includes material that in its natural state will readily ignite, burn and transmit fire from native or landscape plants to any structure or other vegetation. Hazardous vegetation includes, but is not limited to, dry grass and leaves, brush, weeds, green waste, dead or dying trees, low-hanging branches, litter or other flammable vegetation that create a fire hazard. Hazardous vegetation shall not include a commercial agricultural crop that is being actively grown and managed by the property owner or his or her legal tenant. M. "Improved Parcel" shall mean a portion of real property on which a structure is located, the area of which is determined by the assessor's maps and records and which may be identified by an Assessor's Parcel Number. N. "Ladder fuels" shall mean fuels that can carry a fire vertically between or within combustible material or hazardous vegetation. O. "Public Official" shall include the County of Nevada Fire Marshal, the Fire Chief of any local fire protection district located in whole or in part within the County of Nevada, company officers and trained prevention staff as may be designated by a Fire Chief to enforce the provisions of this Article, Office of Emergency Services staff. Public Officials include County Code Compliance officers. P. "Parcel" shall mean a portion of real property of any size, the area of which is determined by the assessor's maps and records and which may be identified by an Assessor's Parcel Number. Q. "PRC 4291" shall mean California Public Resources Code Section 4291, and any amendments thereto. R. "Responsible Party" shall mean an individual, association, co-partnership, political subdivision, government agency, municipality, industry, public or private corporation, firm, organization, partnership,j oint venture or any other person or entity whatsoever whose act or omission caused or contributed to a violation of this Article. S. "Structure" shall mean any dwelling, house, building, or other type of combustible construction, whether or not occupied, including but not limited to a wood fence attached to or near any other structure. T. "Unimproved parcel" shall mean a portion of land of any size, the area of which is determined by the assessor's maps and records and may be identified by an assessor's parcel number( APN)u pon which no structure is located. Sec. G-IV 7.4 Nuisance Declared; Duty to Abate Hazardous Vegetation and Combustible Material A. Hazardous Vegetation and Combustible Materials within one hundred (100') feet of a Structure (or greater as determined by the Public Official) or along roadways that serve as primary ingress and egress routes, are hereby declared to be a public nuisance that may be abated in accordance with this Article, and by any other means available by law. B. It shall be the duty of every owner, occupant, and person in control of any parcel or any interest therein, which is located in the unincorporated territory of the County of Nevada to abate therefrom, and from all sidewalks and roadways on or immediately adjacent thereto (except for those roads accepted into the County maintained system), all Combustible Material, and Hazardous Vegetation which constitutes a fire hazard and public nuisance which may endanger or damage neighboring property or forestland. C. The requirements of this section shall be satisfied if the Parcel is cleared in accordance with a Notice to Abate by cutting brush, trimming trees, thinning trees, disking, mowing, plowing or any other method described in a Notice to Abate, or, if no Notice to Abate is issued, by removing all Hazardous Vegetation and Combustible Materials as follows: a. Maintain a defensible space of one hundred (100') feet from each side and from the front and rear of the Structure, but not beyond the property line except as provided by law. b. Maintain a one hundred (100') foot wide strip of land around Structures) located on an adjacent Improved Parcel( some or all of this defensible space requirement may be required on an adjacent parcel depending upon the location of the Structure on the Improved Parcel); c. The amount of fuel modification necessary may take into account the flammability of the structure as affected by building material, building standards, location, and type of vegetation. Fuels shall be maintained in a condition so that a wildfire burning under average weather conditions would be unlikely to ignite the Structure. d. Maintain a minimum of a ten (10') foot wide strip of land beyond the shoulder of a roadway serving as primary ingress and egress to the parcel, to a height of fifteen (15') feet along the boundary of a Parcel; and/or e. The intensity of fuels management may vary within the one hundred (100')f oot perimeter of the Structure, the most intense being with the first thirty (30')f eet around the habitable Structure. Consistent with fuels management objectives, steps should be taken to minimize erosion. £ Remove the portion of a tree that extends within ten (10')f eet of the outline of a chimney or stovepipe. g. Climbing vines must be removed from trees and structures. h. Maintain a tree, shrub, or other plant adjacent to or overhanging a building free of dead or dying wood. i. Maintain the roof of a structure free of leaves, needles, or other vegetative materials. j. Maintain the property free of ladder fuels. D. The Public Official may mandate additional fuels management of an area more or less than the above- referenced widths or height, for the protection of public health, safety or welfare or the environment if the Public Official finds that the additional fuels management is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite the structures, and there is no other feasible mitigation measure possible to reduce the risk of ignition or spread of wildfire to a Structure on an Improved Parcel. The Public Official shall determine appropriate defensible space distances based upon a visual inspection of the Parcel and shall consider all factors that place the Structures) on the adjacent Improved Parcel at risk from an approaching fire. These factors shall include, but are not limited to, local weather conditions, fuel type(s), topography, and the environment where the adjacent parcel or the structures) is located; E. When an occupied building is less than one hundred feet from a property line and Combustible Material or Hazardous Vegetation on an adjacent parcel presents a fire hazard for the occupied building the owner of the parcel where the fire hazard exists shall be responsible for clearing the area on that owner's land which is within one hundred feet of the occupied structure and is needed to provide the necessary fire protection in the manner and to the extent required by the Public Official. F. Where the terrain, condition or environment on the adjacent Parcel is such that it cannot or should not be disked or mowed,t he Public Official may require, or authorize, other means of hazardous vegetation or combustible material removal. G. No Parcel owner may allow any portion of vegetation on his property to interfere with street and emergency vehicle access, regardless of whether the access is along a public street or along a private residential access road. The Public Official may provide written notice to the property owner requiring vegetation to be trimmed for a specified additional distance when the Public Official determines the vegetation would otherwise interfere with street or emergency vehicle access. a. If the Parcel Owner fails to maintain these clearance requirements, the Public Official may abate this nuisance without further notice and at the Parcel Owner's expense. This subsection shall not apply to cultivated ground-cover such as green grass, ivy, succulents, or similar plants used as ground-covers, provided they do not constitute a fire hazard. b. Pursuant to California Health and Safety Code §1 4930 and Government Code §25845, as amended, a Public Official may summarily abate weeds or hazardous growth on private property that in any way hinders emergency access, and may charge the Parcel Owner for the costs of the abatement. Sec. G-IV 7.5 Enforcement A. The Public Official shall be the primary authority for enforcement of this Article, and shall administer and enforce the requirements as provided in this Article. B. The Public Official shall have the following responsibilities and authorities in the enforcement and administration of the provisions of this Article: 1. Receive and respond to complaints through planning and conducting inspections within the limits of available resources. 2. Review the requirements of this Article with property owners and/or occupants found to be out of compliance, to support voluntary compliance with the provisions of this Article. 3. The determination for appropriate clearance distances will be made based upon a visual inspection of the Parcel and shall consider all factors that place the Parcel or adjoining Structures) at risk from an approaching fire. These factors shall include local weather conditions, fuel type(s), topography, and the environment where the Parcel or adjoining Structures) is located. 4. Prepare and issue Notices to Abate, and such other notices as may be necessary to encourage voluntary compliance with the provisions of this Article. 5. Carry out all enforcement and abatement proceedings as described in this Article. 6. Conduct post-notice/pre-abatement inspections and documentation and conduct post- abatement inspections and documentation. 7. The Public Official may, at his or her discretion, issue an administrative citation for violations of this Article, in lieu of abating a parcel. 8. Within local fire district boundaries, inspections established by this Article may be performed by designated fire district personnel. 9. Conduct abatements and handle accounting, assessment and collection of costs, including recordation of liens. Sec. G-IV 7.6 Notice to Abate Whenever the Public Official determines, based on a planned inspection, that a Parcel is in violation of this Article and requires abatement, the Public Official shall send the owner of record for the Parcel a Notice to Abate. The Notice to Abate shall be in writing and shall: A. Identify the owners) of the Parcel upon which the violation exists, as named in the records of the County Assessor, and identify the occupants) or person in control of the property, if other than the owners)a nd if known or reasonably identifiable. B. Describe the location of the Parcel by its commonly used street address, if any, and identify the Parcel by reference to the Assessor's Parcel Number, if any. C. Briefly describe the violations) on the Parcel and identify the Fuel Modification Areas) which are required to abate the violations) and bring the Parcel into compliance with this Article. D. Contain a statement that the legal owner or occupant is required to correct the violation and allow at least thirty (30) calendar days from the date the Notice is served for the work to be completed. E. Outline the appeal process as provided in Section G-IV 7.9 of this Article. F. Contain a statement that, unless the legal owner or occupant abates the violations) and brings the parcel into compliance with this Article, or seeks an appeal within the time prescribed in the Notice, the violation may be abated at the legal owner and/or occupant's expense. It shall also state that the abatement costs, including administrative costs, may be made a special assessment added to the County assessment roll and become a lien on the real property, or be placed on the unsecured tax roll. G. Contain a statement that this Article provides that the Parcel owner and any person in possession of the Parcel upon which the Hazardous Vegetation or Combustible Material is found to exist shall be jointly and severally liable for all abatement costs incurred by the County. Sec. G-IV 7.7 Service of Notice to Abate All notices required by this Article shall be served in the following manner: A. By delivering it personally to the legal owners) of the Parcels) and to the occupant(s), or by mailing it by certified United States mail to the legal owners) of the Parcel at his or her address as it appears on the last equalized assessment roll and to any non-owner occupant(s), if known, at the street address for the Parcel. a. If the records of the Nevada County Assessor show that the ownership has changed since the last equalized assessment roll was completed, the Notice shall also be mailed to the new owners) at his or her address as it appears in said records; or b. In the event that, after reasonable effort, the Public Official is unable to serve the notice as set forth above, service shall be accomplished by posting copies of the notice along the frontage of the subject Parcel(s), and at such other locations on the Parcels) as are reasonably likely to provide notice to the owners) and any person known by the Public Official to be in possession of the Parcel(s). At least two (2) copies of the notice shall be posted on a Parcel pursuant to this section. B. The date of service for the notice is deemed to be the date of personal delivery or posting, or three (3) days after deposit in the U.S. mail. Sec. G-IV 7.8 Enforcement Process A. Not less than thirty (30) days after the Notice to Abate is served, the Public Official shall conduct a post-notice/pre-abatement inspection on the Parcel and, if the required Fuel Modification Areas) have not been performed, the Public Official may require that the required Fuel Modification Areas) be completed by the County, and the cost of enforcement and the abatement with administrative fee be attached to the property tax as a lien. B. For Parcels owned or controlled by public agencies, the Public Official or designee may provide a Notice of Nuisance and include the project area in the local community wildfire protection plan and request the hazardous vegetation or combustible material be abated in accordance with the Healthy Forest Restoration Act of 2003 (H.R. 1904) or the PRC. Sec. G-IV 7.9 Appeals Process A. Any person upon whom a Notice to Abate has been served may appeal the determination of the Public Official by delivering a written request for hearing to the Clerk of the Board's office within ten (10) days of the date of the Notice to Abate, together with payment of any appeal fee as maybe duly adopted by the Board of Supervisors. The written request shall include a statement of all facts supporting the appeal. The time requirement for filing such a written request shall be deemed jurisdictional and may not be waived. B. If a timely appeal is filed with the Clerk of the Board, no further enforcement action will be taken until after the Hazardous Vegetation Abatement Hearing Body has made a determination on the appeal. In the absence of a timely filed written request that complies fully with the requirements of this section, the determination of the Public Official as set forth in the Notice to Abate shall become final and conclusive on the thirty-first (31st) day following service of the Notice. D C. The hearing on the appeal shall occur not more than thirty (30) days after receipt of a timely appeal and shall provide written notice of the hearing date and time to the appellant at least ten (10) days prior to the date of the hearing, unless such time limits are waived in writing by the Public Official and the appellant. Sec. G-IV 7.10 Hazardous Vegetation Abatement Hearing Sody A Hazardous Vegetation Abatement Hearing Body is hereby established to hear appeals on any Notice to Abate issued by a Public Official. The Hazardous Vegetation Abatement Hearing Body shall consist of the County Fire Marshal or designee, the County's Emergency Services Program Manager or designee, and a Fire Chief from a local fire protection district selected by the Nevada County Fire Chiefs' Association; provided, however, that if the Notice to Abate being appealed was issued by the County Fire Marshal or designee, then the Hazardous Vegetation Abatement Hearing Body shall consist of the County's Emergency Services Program Manager or designee, and two (2) Fire Chiefs from a local fire protection district selected by the Emergency Services Program Manager. The Hazardous Vegetation Abatement Hearing Body shall have the authority to amend, dismiss, or uphold a Notice to Abate by a majority vote. Sec. G-IV 7.11 Abatement by Public Official A. If, at the end of the time allowed for compliance in the original Notice to Abate, or as extended in cases of appeal, or as specified by the Hazardous Vegetation Abatement Hearing Body, compliance has not been accomplished, the Public Official issuing the notice, or the agency of which he or she is an officer, may pursue a lawful abatement. The Public Official may proceed with the abatement of the Hazardous Vegetation or Combustible Material and provide that it be removed by public officers or by employees of the agency or by a private contractor selected by the agency in accordance with applicable statutes. The cost of such removal and enforcement accompanied by a reasonable administrative charge may be imposed as an assessment in the County tax roll. B. The costs so assessed shall be limited to the actual costs incurred by the Public Official and the County in enforcing the violation and abatement upon the subject Parcel. Such costs may include, but are not limited to, the costs of all prior inspections, appeal hearings and other enforcement actions leading up to the abatement, payments to the contractor, costs of site inspection, costs of notice, boundary determination and measurement, costs for material disposal and all clerical, personnel, consultant, and other administrative costs. Sec. G-IV 7.12 Abatement Penalties and Costs Upon expiration of the time limits and appeal processes established by this Article, the Public Official shall acquire jurisdiction to abate the nuisance, and may carry out the following as appropriate: A. Disposal of Materials. Any materials abated may be disposed of as a part of the removal process to include, as appropriate, recycling or as a part of a Biomass utilization program. B. Cost Accounting, Receipts and Notice of Assessment. The Public Official shall keep an itemized account of the costs of enforcing the provisions of this Article, and of the proceeds of the sale of any materials connected therewith. Upon completion of the abatement, the Public Official shall prepare a notice to be served on the affected Parcels) as provided in Section G-IV 7.7 and specifying: 1. The work done (supported by before and after pictures); 2. An itemized account of the costs and receipts of performing the work; 3. An address, legal description, or other description sufficient to identify the Parcel that was subject to abatement and/or lien; 4. The amount of the assessment proposed to be levied against the Parcel(s), or the amount to be refunded, if any, due to excess proceeds over the expenses; 5. The time and place where the Public Official will submit the account to the Hazardous Vegetation Abatement Hearing Body for confirmation. The time and place specified shall be no less than fifteen (15) days after service of the notice; 7 6. A statement that the Hazardous Vegetation Abatement Hearing Body will hear and consider objections and protests to the account and proposed assessment or refund. Sec. G-IV 7.13 Hearing on Proposed Lien At the time and place fixed in the notice, the Hazardous Vegetation Abatement Hearing Body will hear and consider the account and proposed assessment, together with objections and protests thereto. At the conclusion of the hearing, the Hazardous Vegetation Abatement Hearing Body may make such modifications and revisions of the proposed account and assessment as deemed just and may order the account and proposed assessment confirmed or denied, in whole or in part, or as modified and revised, and shall issue a written recommendation regarding the proposed lien to the Board of Supervisors. The Board of Supervisors may summarily adopt the recommendation of the Hazardous Vegetation Abatement Hearing Body without further notice of hearing, or may set the matter for a de novo hearing in accordance with Government Code Section 25845(h). The determination of the Board of Supervisors as to all matters contained therein shall be final and conclusive. Sec. G-IV 7.14 Notice of Lien; Recordation of Lien; Collection of Lien A. Upon confirmation of an assessment by the Board of Supervisors, Code Compliance shall notify the affected Parcel owners by certified mail, return receipt requested, of the amount of the pending lien confirmed by the Board of Supervisors, and advise them that they may pay the account in full within thirty (30) days in order to avoid the lien being recorded against the parcel(s). If the lien amount is not paid by the date stated in the letter, Code Compliance shall prepare and have recorded a Notice of Lien with the Nevada County Clerk-Recorder's office. The Notice of Lien shall contain: 1. A legal description, address and/or other description sufficient to identify the Parcels) to be liened; 2. A description of the proceeding under which the special assessment was made, including the order of the Board of Supervisors under this code confirming the assessment; 3. The amount of the assessment; 4. A claim of lien upon the described Parcel(s). B. Upon the recordation of a Notice of Lien, the amount claimed shall constitute a lien upon the described Parcel(s), pursuant to Section 25845 of the California Government Code. Such lien shall be at parity with the liens of state and County taxes, to the extent allowed by applicable law. C. After recordation, the Notice of Lien shall be delivered to the County Auditor-Controller, who shall enter the amount of the lien on the assessment roll as a special assessment. The amount set forth shall be subject to the same penalties and interest as ordinary County taxes. All laws applicable to the levy, collection and enforcement of County taxes are hereby made applicable to such assessment to the extent allowed by applicable law. Sec. G-IV 7.15 Violations Pursuant to Nevada County Code, it shall be an infraction or misdemeanor for any person, natural or corporate, owning, possessing, occupying, or controlling any lands or premises to fail to perform the duty set forth in this Article, or to fail to comply with the requirements in the Notice to Abate as specified in this Article, or to interfere with the performance of the duties herein specified for any of the officers named in this part or their deputies, or to refuse to allow any such officer or their deputies or employees, or approved private contractors, to enter upon any Parcel for the purpose of lawfully inspecting and/or as ordered, removing any Hazardous Vegetation and Combustible Material hereinbefore described as a public nuisance, or to interfere in any manner whatever with the officers or contractors in the work of a lawful inspection and ordered removal herein provided. Sec,. G-IV 7.16 Penalties for Violations A. This Article is a local safety code. Every violation of this Article which is determined to be an infraction or an administrative violation shall be punishable in accordance with Government Code Sections 53069.4 and 25132, as may be amended from time to time. E3 B. Any person violating or failing to comply with the provisions of this Article shall be guilty of a misdemeanor, except that when the District Attorney or County Counsel shall elect to charge such violation as an infraction, it shall be an infraction. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Article is committed, continued or permitted by such person and shall be punishable accordingly. C. Notwithstanding any other law, a violation of local building and safety codes that is an infraction is punishable under Government Code 25132, as may be amended from time to time, by the following: a. A fine not exceeding one hundred thirty dollars ($130)f or a first violation. b. A fine not exceeding seven hundred dollars ($700)f or a second violation of the same ordinance within one year of the first violation. c. A fine not exceeding one thousand three hundred dollars ($1,300)f or each additional violation of the same ordinance within one year of the first violation. D. Pursuant to Government Code Section 25132, subdivision (d), if the County levies a fine pursuant to subsections (b) or (c) of section G-IV 7.16 C., the County shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. E. Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both. F. The Public Official may issue an administrative citation against any Responsible Party in accordance with Government Code section 53069.4 and the provisions of this Article, subject to the following provisions: 1. The administrative penalty for a violation of this Article shall be not less than one hundred ($100.00) dollars for the first violation, seven hundred ($700.00) dollars for each additional violation within one (1) year from the date of the first violation, and one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation. 2. Upon a subsequent violation within a two (2) year period the violator shall be liable to the County for treble the abatement costs, including, but not limited to, costs incurred by local independent fire districts, in accordance with Government Code 25845.5. 3. Unless a violation creates an immediate danger to health and safety, a Responsible Party shall be provided with notice and an opportunity to correct the violation prior to the imposition of the administrative penalty. G. The administrative penalty, or any portion thereof, for afirst-time violation which has become effective following the corrective period, may be waived by the Public Official in his or her sole discretion only if the Responsible Party corrects the violation in accordance with all conditions established by the Public Official. H. If after a third inspection a Parcel owner continues to be noncompliant, the Public Official may issue a noncompliance citation. This can be waived by the Public Official if the Parcel owner is cooperating, performing best efforts, and mitigation progress is visible. I. Whenever a notice has been issued, the Public Official may record a notice of noncompliance with the office of the county recorder of Nevada County and shall notify the Parcel owner of such action. The notice of noncompliance shall describe the Parcel, shall set forth the noncomplying conditions, and shall state that any abatement costs incurred by the County as a result of the violations of this Article may be specially assessed as a lien on the property and that the Parcel owner has been so notified. F. Alternatively, the Public Official may prosecute violations of this Article by civil action, including, without limitation, issuance of administrative citations. Sec. G-IV 7.17 Authority to Promulgate Reasonable Rules and Regulations The Board of Supervisors reserves its right to adopt reasonable rules, regulations, and resolutions consistent with this Article to enforce, interpret, and carry out the provisions of this Article. Such rules, regulations and resolutions may vary between different areas within Nevada County. ~7 10