Ordinance 01-2025 Relating to Weed Abatement Standards
Chapter 6.05 – WEED ABATEMENT STANDARDS6.05.010. – Purpose and Findings
In accordance with Government Code Section 61100(d) the Cambria Community Services District provides fire protection services to the community. Pursuant to Government Code Section 61100(t), the District is also authorized to provide weed abatement services to “Abate weeds and rubbish pursuant to Part 5 (commencing Section 14875) of the Health and Safety Code...” Pursuant to that authority the District conducts an annual Fire Hazard Fuel Reduction Program. Additionally, Government Code section 61060(b) provides the District with the authority “To adopt, by ordinance, and enforce rules and regulations for the administration, operation, and use and maintenance of the facilities and services listed in Part 3 (commencing with Section 61100).” Accordingly, the purpose of this Chapter is to set forth standards for weed abatement to facilitate regulation and control of the growth and accumulation of weeds, grasses, and other combustible vegetation in order to reduce fire risks and protect the health, safety, and general welfare of the community.
This Chapter is not the exclusive regulation of fire protection, including hazardous weeds and prohibited materials in the Cambria Community Services District. It shall supplement and be in addition to the provisions of the California Fire Code and the International Wildland Urban Interface Code, as adopted by the District, and other related regulations heretofore or hereafter enacted by the State, the County, or any other legal entity or agency having jurisdiction.
The Board of Directors finds and determines that the uncontrolled growth and/or accumulation of weeds, grasses, and other combustible vegetation on land or lots within the District reduces property values, promotes blight and deterioration, creates fire hazards, constitutes an attractive nuisance, creates a haven for rodents and insects, and creates a condition adverse to the health, safety and welfare of District residents.
6.05.020 Definitions
- “Weeds” for the purpose of this ordinance are defined as any vegetation excluding trees that is considered combustible, hazardous, or unsightly, whether living or dead, and as further set forth in Health and Safety Code Section 14875.
- “Noxious Plants” shall mean plants identified as invasive, harmful to the environment, or otherwise detrimental, including poison oak and other invasive species.
- “Hazardous Trees” in the context of fire hazard fuel reduction, refer to any woody perennial plants with a single trunk or multiple stems that can potentially contribute to fire risk. In particular, trees with low moisture content, excessive deadwood, or that are positioned too close to other vegetation or structures can increase the likelihood of fire spread and intensity.
- “Property Owner” shall mean the legal owner(s) of real property, and any tenant, agent, or representative.
- “Fire Hazard Area” shall mean any area of property where vegetation poses a potential risk for the rapid spread of fire.
6.05.030 Applicability and Enforcement Authority
This Chapter applies to all properties, both developed and undeveloped, within the boundaries of the Cambria Community Services District, including residential, commercial, industrial, and public lands.
The Fire Chief or his or her designee shall enforce the provisions of this Chapter. The Fire Department or personnel authorized by the Fire Chief shall conduct periodic inspections of properties to ensure compliance with this Chapter.
6.05.040 Standards for Property Maintenance and Weed Abatement
Property Owners in the District shall:
A. Maintain property as outlined in Chapter 49 of the California Fire Code Section 4906 and 4907.
B. Abate Weeds and Hazardous Trees as defined in this Ordinance 50 feet from the edge of improved roadways, 50 feet from each property line, and 10 feet on each side of driveways.
C. The following exemptions to the requirements of this Section shall apply:
Any land beyond 50 feet from improved streets which has been acquired or managed for one or more of the following purposes, as declared by the County, State, or Federal Government:
a. Animal pastures and agricultural fields growing hay or grains. The interior portion of fenced pastures where the quantity of livestock significantly reduces the vegetative growth, therefore bringing the parcel into compliance. Agricultural fields must be cut at harvest time. Uncut hay and grain are subject to abatement.
- Habitat for endangered or threatened species that is a candidate for listing as an endangered or threatened species by the State of California or Federal Government.
- Other lands having scenic values.
- Open space lands that are environmentally sensitive parklands.
- Land kept in a predominantly natural state as habitat for wildlife, plant, or animal communities.
D. In order to qualify for any of the foregoing exemptions, it is the Property Owner’s responsibility to notify the Fire Department of the qualifying exemption at least 30 days prior to the weed abatement deadline for the first year of implementation. Notification shall be made to the Fire Chief and shall be under the sole discretion of the Fire Chief as to the applicability and authorization of the exemption. The Fire Chief shall utilize the appropriate and applicable entities to conclude their decision in such a way that will not create unreasonable delay.
Abatement requirements shall be in effect in waterways where flood preparation measures and emergency flood control mitigation is necessary.
- This exemption applies whether the land is held in fee title or any lesser interest. This exemption applies to any public agency and private entity that has dedicated the land, including water areas, to one or more of those purposes or uses, or any combination of public agencies and private entities making that decision.
- This Section shall not be construed to prohibit the use of properly authorized prescribed burning to improve the biological function of land or to assist in the restoration of desired vegetation.
- In the event that any lands adjacent to land, as described above, are improved such that they are subject to this Ordinance, the obligation to comply with the Standards in this Section shall be with the person owning, leasing, controlling, operating, or maintaining the occupied dwelling or occupied structure on the improved lands. All maintenance, activities, and other fire prevention measures required by this Section shall be required only for the improved land and water areas as described above.
6.05.050 Declaration of Public Nuisance; Enforcement and Abatement
Weeds, grass, and combustible vegetation growing or accumulating upon private property within the District, which do, or will when dry, create a fire hazard and which by virtue thereof constitute a danger to the property and to neighboring property or the health or welfare of residents of the property and the people residing in the vicinity are hereby declared to constitute a public nuisance.
In addition to the annual weed abatement/Fire Hazard Fuel Reduction Program, failure to maintain property in accordance with the Standards set forth in Section 6.05.040 that constitutes a fire hazard and public nuisance shall be subject to Civil Administrative Citations in accordance with the procedures set forth in Chapter 1.14 of this Code and are also subject to abatement pursuant to Section 1.14.050. Costs of abatement shall be recovered in accordance with Section 1.14.090 and Notices of Lien may also be recorded pursuant to that Section.