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HomeMy WebLinkAbout93-79 - Weed AbatementRESOLUTION NO. 93- 79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DIRECTING THE FIRE CHIEF TO TARE APPROPRIATE ACTION TO SUPPRESS AND CONTROL HAZARDOUS FIRE AREAS. • WHEREAS, in recent weeks the firestorms in the Southern California region have destroyed more than 1000 homes, 200,000 acres of wildlands, and resulted in three deaths as well as numerous injuries; WHEREAS, many of these homes were destroyed, and some of these injuries occurred, because of the proximity of structures to highly flammable brush and vegetation; WHEREAS, in many cases, homes far removed from actual contact with highly flammable vegetation were ignited by large embers from burning brush or structures adjacent to flammable vegetation; WHEREAS, these fires and the resulting destruction confirms that appropriate brush clearance zones between structures and wildland areas are absolutely necessary to protect property from damage and persons from injury or death; WHEREAS, the City Council of Newport Beach has, for many years, developed and implemented fuel load reduction and modification programs for potentially hazardous publicly owned lands in the City of Newport Beach to protect nearby residents from property damage or personal injuries; WHEREAS, certain areas of the City such as Buck Gully and • Morning Canyon, present a continuing fire danger because of the density of natural growth, the difficulty in steepness of terrain, the proximity to structures, the accessibility to the public, and restrictions on access by fire suppression equipment; 01 WHEREAS, the Newport Beach Municipal Code and the Uniform Fire Code authorize the City Council to direct the Fire Chief to take appropriate action to suppress and control hazardous fire areas by mandating clearance of brush and vegetative growth within certain distances from habitated structures; • WHEREAS, the brush clearance provisions of the Fire Code and the Newport Beach Municipal Code require a distance of thirty feet between the structure and flammable vegetation or combustible growth, and a reduction in the fuel load in the area between the edge of the clearance zone and a point one hundred feet from the nearest building or structure to maintain an effective firebreak; WHEREAS, the City Council intends to authorize and instruct the Fire Chief to give notice to the owners of property adjoining hazardous fire areas to promptly remove flammable brush and vegetation to create an effective firebreak; WHEREAS, the removal of flammable brush and vegetation and the maintenance of an effective firebreak is immediately necessary to protect property adjacent to wildland areas and to preserve the safety and health of residents who live near or adjacent to wildland areas as well as fire suppression and other emergency personnel; WHEREAS, the removal of flammable vegetation will not pose any threat of erosion and will not adversely impact flora or fauna within the wildlife areas, and will have no adverse impact on the environment; • WHEREAS, the proposed fire protection measures are exempt from CEQA pursuant to the provisions of Section 15269(c) and 15061(b) (3) of the CEQA guidelines. 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: 1. The Fire Chief is hereby instructed to give thirty (30) days written notice to the owners of all property adjacent to grass • or brush covered land and hazardous fire areas to maintain a effective firebreak and additional fire protection as required by the Fire Chief pursuant to Section 16(a) of Appendix II -A of the Uniform Fire Code and as provided in Title 9 of the Newport Beach Municipal Code; and 2. If the property owner fails to take appropriate correction action as required by the Chief the City shall perform all necessary work and make the expense of correction a lien upon the property. 3. The property owner may appeal the decision of the Fire Chief requiring the maintenance of an effective firebreak by sending a written appeal to the City Manager within ten (10) days of the notice. The decision of the City Manager shall be final and shall be served on the property owner within 48 hours. 4. The Fire Chief is directed to prepare and present to this Council, as soon as possible, a comprehensive plan and program which contains appropriate safeguards to prevent the occurrence of fires and to prevent, control or slow the spread of fires once ignited. In developing the comprehensive plan the Fire Chief shall consider the development and adoption of a fuel reduction ordinance, a fuel modification program, and revisions to Title 15 of the Newport Beach Municipal Code • pertaining to building construction materials and techniques for structures adjacent or in proximity, to hazardous fire areas; 3 5. Development of community awareness or community watch program that would give Fire Suppression Personnel advance notice of any fire. • ADOPTED, this 8th day of November , 1993. ATTEST: X-2 City Clerk • 4