Chapter 38A Fire Prevention & Fire Protection OrdinanceENHANCED WEED ABATEMENT

55.01

Our Fire Environment has Changed• Weather: California’s Climate is hotter and dryer on average• Less precipitation overall and longer periods during the spring, summer

and fall without precipitation• Hotter & dryer days• Periods of significant North wind, especially in the fall

• Fuels:• Dead & Live fuels – both types overall contain less moisture content on

average and are therefore more volatile

• Considerations for change• Community Development & Building Construction Standards• Community Evacuation Planning & Notification• Defensible space, fuel reduction and forest health• Response capabilities of fire, law enforcement and other first

responders

Chapter 38A Fire Prevention& Fire Protection OrdinanceThe Problem – Fire Environment

The magnitude of the problem in Butte County• Number of Parcels in Butte County 46,555 (unincorporated)• 27,603 Parcels in the SRA (east of Hwy 99/149/Palermo Honcut Hwy)• 18,333 Parcels in the LRA (west of Hwy 99/149/Palermo Honcut Hwy)• 619 Parcels in FRA (private intermixed within federal ownership)

• Number of Improved Parcels in Butte County (> $10,000)• 14,078 Parcels SRA with a Structure Valued at $10,000 or greater• 13,122 Parcels LRA with a Structure Valued at $10,000 or greater

Chapter 38A Fire Prevention& Fire Protection OrdinanceThe Problem – Butte County’s Wildland Urban Interface

Chapter 38A Fire Prevention& Fire Protection Ordinance

Only within the spheres of influence of Biggs, Gridley, Chico, Paradise & Oroville, a portion of Palermo, and select subdivisions (depicted in yellow on the map)

Vacant lots• < 1.25 acre lot, clear entire lot• > or = 1.25 acre lot, clear 30 foot perimeter

Requirement for defensible space.• Defensible space 100 feet or to property line around all

buildings.• Defensible space 10 feet around all utility generators.• Defensible space 10 feet around all privately maintained

power poles.

Currently Chapter 38A requires the following:

Enhanced Weed Abatement Concepts for Consideration• Countywide Defensible Space with Ember Ignition Zone• True Defensible Space to 100 Feet• Ingress & Egress: Private & Public Roadways and

Driveways• Ingress & Egress: Designated County Evacuation Routes• Public Notification, Building Permit Notification & Real

Estate Disclosure Residential Fire Hazard Reduction• Program Funding Options• Type of Education & Enforcement Program

Enhanced Weed AbatementConcepts for ConsiderationProposed Amendments to Chapter 38A Fire Prevention& Fire Protection Ordinance

Countywide Defensible Space• Applying Defensible Space, clearance of 100 ft.

or to your property line around all buildings within the unincorporated areas of Butte County.

• Ember ignition zone, maintain area around and adjacent to any building or structure free of combustible materials, including bark, fencing, for a distance of 5 feet.

Note: Defensible Space within the sphere’s of influence is currently required under Butte County Code Chapter 38A. In addition, Defensible Space in the foothills area (SRA) is required under State law PRC-4291 and enforced by CAL FIRE.

Source: CAL FIRE, Town of Paradise, Ventura Co.

Enhanced Weed AbatementCountywide Defensible SpaceProposed Amendments to Chapter 38A Fire Prevention& Fire Protection Ordinance

True Defensible Space:• Defensible Space - 100 ft. regardless of property line.• Applies to parcels, including unimproved parcels

immediately adjacent to an improved parcels with a structure.• Owner/occupant cannot obtain 100 feet of Defensible space

around structure.• Subject parcel must provide 100’ of defensible space or less as

needed to achieve 100’ clearance for neighboring structure.• Current condition of fuels on subject parcel has been

assessed to be a hazardous fire condition.

Source: Nevada Co

Proposed Amendments to Chapter 38A Fire Prevention& Fire Protection Ordinance

Enhanced Weed AbatementTrue Defensible Space

Ingress & Egress:• Public & private roadways and driveways.• Property owner is required to clear vegetation

from the edge of the road or driveway a distance of 10 feet horizontally and 15 feet vertically.

Fire official may authorized some specimen trees to be permitted provided that a substantial reduction in fuels has been achieved such that fire intensity would be significantly reduced.

Source: Nevada Co., El Dorado Co., Town of Paradise, San Diego Co.

Proposed Amendments to Chapter 38A Fire Prevention& Fire Protection Ordinance

Enhanced Weed AbatementIngress & Egress – Road/Driveway

Skyway prior to Camp Fire

Designated County Evacuation Routes:• Evacuation routes designated in official community

evacuation plans.• Property owner is required to clear vegetation from

the edge of the roadway or highway a distance of 20 feet horizontally and 15 feet vertically.

Fire official may authorized some specimen trees to be permitted provided that a substantial reduction in fuels has been achieved such that fire intensity would be significantly reduced.

Note: It’s estimated that this will include approximately 1,014 miles of county roadway including some State Highways and 7,168 parcels.

Source: Code does not exist in other county, new to Butte County.

Pictured: Berry Creek

Enhanced Weed AbatementIngress & Egress – Evacuation RoutesProposed Amendments to Chapter 38A Fire Prevention& Fire Protection Ordinance

Public Notification Fire Hazard Reduction• Department will provide official public notice via local

newspaper, press release and Department social media and websites to abate fire hazards upon residential properties within designated areas of the county by June 1 annually.

• Property tax bill informational insert.

Building Permit Notification:• Notice in “TRAKiT” notifying individuals during the permit

process of Weed Abatement requirements.

Real Estate Notification:• Prior to the close of any real estate sales transactions within

the County, the requirements for property owners to comply with the weed abatement ordinance shall be disclosed to all potential property owners.

Source: El Dorado Co. requires Real Estate Disclosure

Proposed Amendments to Chapter 38A Fire Prevention& Fire Protection Ordinance

Enhanced Weed AbatementPublic Notification Fire Hazard Requirements

Jurisdiction Successes/Pro Struggles/Con

Nevada County – Good Neighbor(similar fuel types to Butte)

• Program premised on cooperation• 50/50 share of abatement costs• 100 ft. clearance on adjacent parcel

• Complaint driven program• No budget for abatement work

El Dorado County & Shasta CountyReluctant Neighbor(similar fuel types to Butte)

• No enforcement program• Adjacent property owner fully

responsible for abatement costs

Ventura(different fuel type than Butte, less labor intensive and costly to maintain)

• Abatement notices sent annually• Est. program, community educated• Ember ignition & fencing in first 5 ft.• Enforcement Program, inspectors• Contractors to complete work and bill

• Adjacent property owner fully responsible for abatement costs

Town of Paradise • Ember ignition & fencing in first 5 ft. • Limited enforcement program• Adjacent property owner fully

responsible for abatement costs

Others: Lassen Co., Sacramento, Roseville, Marysville, Riverside Co., San Diego Co., San Juaquin Co., Contra Costa

Enhanced Weed AbatementHow’s it going elsewhere – 2019 ProgramProposed Amendments to Chapter 38A Fire Prevention& Fire Protection Ordinance

Jurisdiction Program Staffing, Costs & Funding Enforcement & AbatementNevada County – Good Neighbor(similar fuel types to Butte)

• Deputy Fire Marshal, Lead Inspector & 4 seasonal inspectors.

• Proposed Budget $375,259• Funding – general fund.

• Moving from complaint driven in 2019 to inspections in 2020.

• Abatement turned over to code enforcement, no history with process.

• Abatement contractor assigned with costs placed on property tax.

Ventura(different fuel type than Butte, less labor intensive and costly to maintain)

• Fire Prevention Officer, Office Assistant, Lead Inspector & 8 Seasonal Inspectors. Also, includes a contract not to exceed $10K for Private Investigator to search, contact & serve absentee owners.

• Costs from FY 19 $755,829• Funding – property taxes & CAL FIRE Grey

Book prevention funds.

• 2019, completed 3,000 inspections, 300 to 400 per year receive abatement orders.

• Inspect in spring, clearance deadline (date) established, then declared “nuisance”.

• Abatement contractor bills property owner directly for actual costs. Default assessed to property taxes.

• 2019 Abatement costs, Low $731, High $12,997, Average $3,334, 36 parcels

• $200,000 budget allocated to abatement, 2019 costs totaled $146,427.

• Forced Abatement has resulted in two properties being sold at owners choice.

Enhanced Weed AbatementA closer review of two programs, 2020 Nevada & Ventura Co.Proposed Amendments to Chapter 38A Fire Prevention& Fire Protection Ordinance

How do we move from non-compliance toward compliance?• Amend Chapter 38A to include Enhanced Weed

Abatement• Establish an Education & Enforcement Program• Fund Program to desired level of Enforcement

Enhanced Weed AbatementGenerating ComplianceProposed Amendments to Chapter 38A Fire Prevention& Fire Protection Ordinance

Following the January 14, 2020 meeting the Board directed staff to work with the supervisors solicit feedback from the community regarding the type of model they would like to see.• Cohasset Community – Feb 15, 2020• Preferred Enforcement Model including neighboring parcels and

evacuation routes.

• Forest Ranch Community – Feb 27, 2020• Preferred Good Neighbor Model including neighboring parcels and

evacuation routes. And a program for community assistance through the Forest Ranch FSC.

• East Oroville, Berry Creek, Forbestown Feb 19, 2020• Focused on primary and secondary evacuation routes

• Butte County Facebook Live – District V – April 23, 2020• Considerable questions, but no consensus provided by the

audience.

Enhanced Weed AbatementCommunity ResponseProposed Amendments to Chapter 38A Fire Prevention& Fire Protection Ordinance

True Defensible Space• Defensible Space - 100 ft. regardless of property line.• Applies to parcels, including unimproved parcels immediately adjacent to an

improved parcels with a structure.• Owner/occupant cannot obtain 100 feet of D space around structure.• Subject parcel must provide 100’ of defensible space or less as needed to achieve 100’

clearance for neighboring structure.• Current condition of fuels on subject parcel has been assessed to be a hazardous fire

condition.

Good Neighbor Defensible Space (Nevada County)• Complainant must share 50% in the cost to abate. • Department will assist bringing the parties together to work out an agreement;

e.g. Good Neighbor.• Owners work together on process to abate.• If owners cannot agree on the process or shared costs then enforcement is

limited to State law, PRC-4291 property line.

Reluctant Neighbor Defensible Space (All Other Jurisdictions)• Upon complaint the Department would inspect and if a hazard is found the

Department would issue an order to abate.• Non-compliant parcels receive a second and if necessary a third inspection.

Failure to abate results in a citation or administrative penalty. Abatement turned over to Code Enforcement

Source: Nevada Co., El Dorado Co., Shasta Co. & Ventura Co.

Enhanced Weed AbatementTrue Defensible Space – Enforcement OptionsProposed Amendments to Chapter 38A Fire Prevention& Fire Protection Ordinance

Options to Fund an Inspection Program:• Grants• Governmental• 2020 FEMA Fire Prevention & Safety Grant

• Non-Profit• Private

• General Fund• Parcel tax• Other Funds

Other Options to Support Defensible Space Fuel Reduction:• Grants• Butte County Fire Safe Council residence assistance

program if funding is available.

Type of Program• Pilot Program 2-3 years with sunset for reconsideration• Permanent program• Other

Enhanced Weed AbatementProgram FundingProposed Amendments to Chapter 38A Fire Prevention& Fire Protection Ordinance

Complaint Based Enforcement – Based on up to 50 inspections annually• Inspection and Enforcement of Enhanced Weed Abatement elements• Enforcement of true Defensible Space, 100 feet around all structures regardless of property line.• Non-compliance, referred to Code Enforcement

Target Area Enforcement – Based on 3,000 inspections annually.• Education & Enforcement of Defensible Space, fuel reduction along ingress & egress routes, roadways,

driveways and designated evacuation routes.• Enforcement of true Defensible Space, 100 feet around all structures

• Inspection teams. Inspections will occur in highest hazard areas, whole neighborhoods completed at one time• Average inspection estimated at 3,000 per year.• Administrative assistant receives phone inquiries, processes inspection requests, researches property

ownership, completes necessary paperwork, mails notifications, and assists with print education and advertising.

• Citation or administrative penalty for failure to abate, and with funding, a potential abatement program with associated tax lien.

Enhanced Weed AbatementType of Program EnforcementProposed Amendments to Chapter 38A Fire Prevention& Fire Protection Ordinance

Complaint Based Program

Full Time Equivalent Positions

Enforcement Program

Abatement Costs &

Fees

Total

Butte County Fire Department Inspection (Only) Personnel & Operating 1.75 $342,873 0 $342,873

Abatement Referred to Code Enforcement Butte County Code Enforcement Abatement (Only) Personnel & Operating1 1.5 $71,760 $100,000 $171,760 Inspection & Abatement Personnel & Operating 2.5 $119,600 $100,000 $219,600

1Estimates for 20 total calls for service/abatements

Enhanced Weed AbatementComplaint Based Program EnforcementProposed Amendments to Chapter 38A Fire Prevention& Fire Protection Ordinance

Progress Program Enforcement

Full Time Equivalent Positions

Enforcement Program

Abatement Costs &

Fees

Total

Butte County Fire Department Inspection (Only) Personnel & Operating 6.1 $8828,172 0 $8828,172

Abatement Referred to Code Enforcement Butte County Code Enforcement Abatement (Only) Personnel & Operating 6.25 $675,530 $800,000 $1,475,530 Inspection & Abatement Personnel & Operating 8 $1,083,117 $800,000 $1,883,117

Enhanced Weed AbatementProgressive Program EnforcementProposed Amendments to Chapter 38A Fire Prevention& Fire Protection Ordinance

Direction from the Board

Enhanced Weed AbatementProposed Amendments to Chapter 38A Fire Prevention& Fire Protection Ordinance