2024-385 Adding Section 11.20.200 for the abatement of hazardour vegetation for vacant parcelsoRDtNANCE NO. 2024-385
AN ORDINANCE OF THE CITY GOUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, ADDING SECTION 11.20,200 TO CHAPTER 11.20 OF
TITLE 11 OF THE MENIFEE MUNICIPAL CODE ESTABLISHING
SPECIFIC REGULATIONS FOR ABATEMENT OF HAZARDOUS
VEGETATION FOR VACANT PARCELS
WHEREAS, on December 5, 2018, the City Council of the City of Menifee adopted
Ordinance No. 2018-254, replacing Chapter 1 1 .20 relating to the abatement of public
nuisances; and
WHEREAS, while Chapter 11.20 does identify hazardous vegetation, it does not
specifically reference hazardous vegetation abatement for vacant parcels or the
necessary remedies for vacant parcels, and
WHEREAS, since the founding of the City, staff has relied on adopted Riverside
County Ordinance 695 to pursue the abatement of public nuisances caused by hazardous
vegetation on vacant parcels within the City; and
WHEREAS, the City recently lost an appeal of a citation for hazardous vegetation
on a vacant parcel due to the adopted ordinance referring to "Unincorporated" areas and
a requirement to issue a Notice of Violation in addition to a Notice of Abatement; and
WHEREAS, the City Council believes that specifying regulations for the abatement
process within Menifee Municipal Code 11.20 for hazardous vegetation would be in the
best interest of the citizens of Menifee and is important to the overall quality of life in the
City; and
WHEREAS, the City Council desires to add Section 11.20.200 within Chapter
11.20 of Title 1'l of the Menifee Municipal Code, establishing regulations specific to
abatement of hazardous vegetation on vacant land; and
WHEREAS, City Council finds and declares that the proposed amendment to
Menifee Municipal Code Chapter 11.20 is not a "project" pursuant to the California
Environmental Quality Act ('CEOA").
NOW, THEREFORE, the City Council of the City of Menifee, California does ordain
as follows:
Section 1.Section 11.20.20O, as shown in Exhibit A, is hereby added to Chapter
11.20 of Title 11 of the Menifee Municipal Code.
Section 2. The City Council finds that this Ordinance is exempt from CEQA
pursuant to State CEQA Guidelines section 15060(c)(2) and 15061(b)(3) in that the
amendments to the Municipal Code are not anticipated to result in a direct or reasonably
foreseeable indirect physical change in the environment, nor will they have the potential
of creating a significant effect on the environment.
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Section 3.Effective Date. This Ordinance shall take effect thirty (30) days after
its adoption.
Section 4.Severability. lf any section, subsection, sentence, clause, or phrase
of this Ordinance is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance, and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional, without regard to whether any
portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Section 5. Notice of Adoption. The City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause to be published as required by law.
This Ordinance was introduced and read on the 17 day of January 2024, and
PASSED, APPROVED, AND ADOPTED, this 7 day oI February,2024.
Bill Zimm ayor
ATTEST:
rah A.n aring rk
Approved as to form:
J v Melching, Cit A ey
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Exhibit A
TITLE 11
CHAPTER 1,I.20
sEcTtoN 11.20.200
NUISANCE ABATEMENT FOR HAZARDOUS VEGETATION
(A) ln addition to the definitions in Section 11 .20.O1O, the following definitions
apply to the City's hazardous vegetation and rubbish abatement program:
(1) FIRE CHIEF means the Fire Chief of the County of Riverside or their
designee.
(2) HAZARDOUS VEGETATION includes vegetation that is flammable
and endangers the public safety by creating a fire hazard including but not limited to
seasonal and recurrent weeds, stubble, brush, dry leaves, and/or tumbleweeds.
(3) RUBBISH includes, but is not limited to, trash or refuse consisting of
uncontained paper, cardboard, wood, dry grass or brush, dirt, plastic, rubber, metal
or ceramic wreckage, glass, junk, disassembled automobiles, machinery, or parts
thereof, or any other discarded material which may be combustible or deleterious to
the public health, safety, or welfare, or any material which by reason of its location
and/or character may hamper or interfere with the prevention or suppression of fire
upon the premises or adjacent premises.
(B) lt shall be unlawful, and is hereby declared a public nuisance, for the
owner(s), lessee(s), or occupant(s) of vacant real property within the City to maintain,
permit, or allow such premises to be maintained in such a condition where weeds,
hazardous vegetation, or rubbish negatively affect the public health, safety, or
welfare. lt is also hereby declared the duty and responsibility of the owne(s),
lessee(s), and occupant(s) of vacant real property within the City to prevent and
abate any and all conditions of weeds, hazardous vegetation or rubbish that
negatively affect the public health, safety, or welfare.
(C) lt shall be the duty of every owner, lessee, and occupant of vacant real property
within the City, parcel of land or interest therein which is in the City to clear therefrom,
including sidewalks and parkways adjacent to such property, all weeds, hazardous
vegetation and rubbish.
(D) The City Manager and/or Fire Chief shall have authority to declare vrolations of
this section and to enforce the same against the owne(s), lessee(s) and occupant(s)of
the property upon which such conditions exist.
(E) The City Manager and/or Fire Chief shall enforce the duty set forth in this section
hereof, to issue a Notice of Abatement for Hazardous Vegetation by personal service or
by mailing the notice by certified mail to the property owner as his or her name appears
on the most recent equalized assessment roll and to the address as shown in the records
of the County Assessor. The notice shall contain:
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(1) A reasonable description ofthe lot or parcel of real property upon which
the violation exists;
(2) A reasonable description of the violating conditions constituting the
nuisance;
(3) The relevant standards for maintenance, prevention, and abatement of
weeds, hazardous vegetation, and rubbish;
(4) Reference to this section;
(5) An order to remove the violating condations and bring the property into
compliance within 30 calendar days;
(6) A description of the consequences of failure to comply as prescribed in
this section; and
(7) A statement that a written appeal may be filed with the City Clerk.
(F) The requirement of subsection C of this section shall be satisfied if the owner,
lessee, or occupant clears the property by disking, mowing, or any other method
described in said notice as follows:
(1 ) A one hundred (1 00) foot wide strip of land at the boundary of a vacant
property adjacent to a roadway; and/or
(2) A one hundred (100) foot wide strip of land around structure(s) located on
an adjacent improved parcel (some or all this clearance may be required on the vacant
property depending upon the location of the structure on the improved parcel).
The Fire Chief may at any time require more than a one hundred ( 100) foot width or less
than a one hundred (100) foot width for the protection of public health, safety, or welfare
of the environment. The determination for appropriate clearance distances will be made
based upon a visual inspection of the property and shall consider all faclors that place
the property or adjoining structure(s) at risk from an approaching fire. These factors shall
include local weather conditions, fuel type(s), topography, and the environment where the
property or adjoining structure(s) is located.
The removal of vegetation need not exceed that set forth in the Notice of Abatement for
Hazardous Vegetation or grading permit in accordance with Menifee Municipal Code
Chapter 8.26, Grading Regulations.
(G) All appeal and hearing procedures for a Notice of Abatement for Hazardous
Vegetation shall be governed by the provisions of Section 11.20.080 for a Notice of
Abatement. Failure to file a timely and proper written appeal shall constitute a waiver
of the right to appeal and a failure to exhaust administrative remedies.
(H) lf after 30 days from the date the Notice of Abatement for Hazardous
Vegetation was issued the nuisance upon the property has not been abated and no
written appeal has been filed, City personnel and/or contractors may enter the
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property, subject to requirements of law, and take such action as is reasonably
necessary to abate the nuisance.
(l) The City shall keep an itemized accounting of the associated costs incurred
by the City to abate the nuisance. All abatement and administrative costs incurred by
the City may be recovered by any manner authorized by law, including by lien or
special assessment pursuant to the procedures set forth in Section 11.20.160 and
11.20.170.
(J) Abatement of any nuisance under this section may, in the discretion of the
City, be contracted to an outside contractor. Should the City contract the abatement
process, the City may assign its interest in collecting payment for the work to the
contractor which performed the work, as payment to the contractor.
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF IUENIFEE
)
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l, Sarah Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing
Ordinance No. 2024-385 was duly adopted by the City Council of the City of Menifee at a
meeting thereof held on the 7th Day of February 2024 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
S
Deines, Estrada, Kanvin, Sobek, Zimmerman,
None
None
None
h fi/anwa tyIn
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