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File #: 21-0175    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 1/22/2021 In control: County Counsel
On agenda: 2/9/2021 Final action:
Title: Discussion and Possible Action Including Introduction and Waive First Reading of an Ordinance Creating Mendocino County Code Chapters 8.77 Providing for the Abatement of Hazardous Vegetation and Combustible Material to Reduce Fire Hazards (Sponsor: County Counsel)
Sponsors: County Counsel
Attachments: 1. Ordinance Summary, 2. Revised Ordinance re Proposed Ch. 8.77, 3. Revised Ordinance re Proposed Ch. 8.77 (redline)

 

To:  Board of Supervisors

FromCounty Counsel

Meeting DateFebruary 9, 2021

 

Department Contact:  

Christian Curtis

Phone: 

(707) 234-6885

 

 

 

 

 

Item Type:   Regular Agenda

 

Time Allocated for Item: 30 mins

 

 

Agenda Title:

title

Discussion and Possible Action Including Introduction and Waive First Reading of an Ordinance Creating Mendocino County Code Chapters 8.77 Providing for the Abatement of Hazardous Vegetation and Combustible Material to Reduce Fire Hazards

(Sponsor: County Counsel)

End

 

Recommended Action/Motion:

recommendation

Introduce and waive first reading of an ordinance creating Mendocino County Code Chapters 8.77 providing for the abatement of hazardous vegetation and combustible material to reduce fire hazards.

End

 

Previous Board/Board Committee Actions:

On July 14, 2020, the Board of Supervisors discussed an agenda item brought forth by Supervisor Brown entitled "Preventing hazardous conditions and protecting public health and safety on rural lands in Mendocino County prone to wildfires". Supervisor Brown proposed an effective Ordinance be written to ensure greater due diligence and greater compliance by property owners to clear hazardous properties within populated communities.  The Board of Supervisors by consensus directed Supervisor Brown to work with the Mendocino County Fire Safe Council to write an Ordinance for further consideration.  On Sept. 22, 2020, the Board of Supervisors provided additional direction to staff regarding the drafting of an Ordinance.  On Dec. 15, 2020, the Board considered a draft ordinance and directed staff to make certain changes and bring the modified ordinance back for a second, first reading.                     

 

Summary of Request

As fire disasters become more common, the importance of improving preventative measures increases.  The draft ordinance presented for consideration today incorporates the changes that the Board directed staff to make when they considered this ordinance on Dec. 15, 202.  As it was in December, this ordinance most notably designates the maintenance of hazardous vegetation and combustible material on real property as a public nuisance, and enables staff to obtain compliance through existing enforcement mechanisms including administrative abatement and civil penalties.  This ordinance equips the County with a clearer and more straightforward path to addressing the presence of vegetation and materials within the County that present a fire hazard.  This ordinance provides flexibility that will enable the County to immediately address the most egregious cases, and then build from there as resources become available.

 

Alternative Action/Motion:

Provide further direction to staff or take no action.                     

 

Supervisorial District:  All

                                          

vote requirement:  Majority

                                          

 

 

Supplemental Information Available Online At: n/a

 

Fiscal Details:

source of funding: N/A

budgeted in current f/y: No

current f/y cost: N/A

if no, please describe:

annual recurring cost: N/A

revenue agreement: N/A

 

budget clarification: N/A

 Agreement/Resolution/Ordinance Approved by County Counsel: Yes

 

CEO Liaison: Executive Office

 

 

CEO Review: Yes 

 

 

CEO Comments:

 

 

FOR COB USE ONLY

Executed By: Atlas Pearson, Deputy Clerk I

Final Status:Approved

Date: February 10, 2021