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;
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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.
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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;
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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:
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City Clerk
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