HomeMy WebLinkAbout3159 Amending Chapter 9.04 - Prohibited Flammable Plants
ORDINANCE NO. 3159
AN ORDINANCE AMENDING CHAPTER 9.04 OF THE ASHLAND
MUNICIPAL CODE TO DECLARE PROHIBITED FLAMMABLE
PLANTS A NUISANCE.
Annotated to show a°' sand additions to the code sections being modified. Deletions are
bold through lined and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the City of Ashland has determined that it is in the best interest of its residents,
business and visitors to encourage fire resistant vegetation when it comes to landscape design;
and
WHEREAS, the City of Ashland has determined that the prohibition of highly flammable plants
from being newly planted within General Fuel Modification Areas within the City of Ashland,
supports the following City Comprehensive Plan Environmental Resources Goal: "Protect Life,
property and environmental resources in Ashland's suburban/wildland interface area from the
devastating effects of wildfire. Lessen the possibility of wildfire spreading to the Ashland
watershed from the urban/wildland interface area", and
WHEREAS, the City of Ashland has determined that implementation of this ordinance will
assist in preparing the City to be more resilient to climate change impacts, including wildfire, as
expressed in the 2017 Climate Energy Action Plan, and
WHEREAS, the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter; and
WHEREAS, the City Council of the City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary
to amend the Ashland Municipal Code Health and Sanitation ordinance in the manner proposed,
that an adequate factual base exists for the amendments, the amendments are consistent with the
comprehensive plan and that such amendments are fully supported by the record of this
proceeding.
Ordinance No. 3159 Page 1 of 6
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.04 [Weeds and Noxious Vegetation] of the Ashland Municipal Code is
hereby amended as follows:
9.04.002 Purpose
The purpose of this chapter is to reduce the risk of damage to property and persons by
fire due to weeds, and to reduce hazards to public health, agriculture, recreation, and
wildlife by controlling the growth of weeds and noxious vegetation. Ashland Fire and
Rescue and the City's Code Compliance Officers intend to prioritize enforcement and
abatement under this chapter based upon the degree of fire risk or other hazard caused
by the violation and the availability of resources. (Ord. 3009, added, 04/20/2010)
9.04.005 Definitions
A. Code Compliance Officer: all individuals designated as such pursuant to AMC
1.08.005, including specifically the Fire Chief.
B. Fire Chief: the City of Ashland Fire Chief or his/her authorized designee.
C. Fire hazard: a written determination from the Fire Chief that the quality, condition,
and/or location of vegetation creates a risk of fire.
D. Noxious vegetation: all vegetation listed on the noxious weed list promulgated by
the Oregon Department of Agriculture's Plant Division.
E. Owner: owner of real property, agent of the owner, and/or occupant of any lot or
parcel of land. In the case of property subject to foreclosure as a result of
bankruptcy or default of the legal owner, the City may deem the "Owner" to be
the person, other than the legal owner, who has a primary lien, security, or
mortgage interest in possession or control of the property or who is the deed of
trust beneficiary of the property.
F. Prohibited Flammable Plants: all vegetation listed on the Prohibited
Flammable Plan List as approved by Resolution of the City Council.
G. Summer season: between May 15 and September 30 of any year, or the end of
fire season as declared by the Oregon Department of Forestry, whichever is
later.
Cr. H. Weed:
1. Vegetation, grass, shrubbery, and round wood that is less than 1/4 inch in
diameter and more than four inches (4") high, and
2. Vegetation that is a:
a. Health hazard, such as providing harborage for vermin;
b. Fire hazard due to the quantity and/or location; or
c. Traffic hazard because it impairs the view of a public thoroughfare or
otherwise makes use of the thoroughfare hazardous
Ordinance No. 3159 Page 2 of 6
9.04.010 Weeds Declared Nuisance
The growth or maintenance of weeds upon lots and parcels of land, and abutting rights-
of-way in the City during the summer season, or at any other time of year when deemed
a fire, health or traffic hazard, is declared to be a nuisance.
9.04.011 Prohibited Flammable Plants Declared Nuisance
The planting of species identified on the Prohibited Flammable Plant List within a
General Fuel Modification Area in the City is declared to be a nuisance.
9.04.012 Noxious Vegetation Declared Nuisance
The growth or maintenance of noxious vegetation upon lots and parcels of land, and
abutting rights-of-way in the City at any time is declared to be a nuisance.
9.04.015 , Exemptions to Nuisance
A. The term `Weed" does not include vegetation that constitutes an agricultural crop
or decorative residential landscaping, unless that vegetation is a fire, health, or
traffic hazard.
B. It shall not be a violation of this chapter for property owners to maintain wetland
or upland native vegetation in its natural state either on their property or in
common areas when required to do so pursuant to the requirements of state law,
city ordinance or land use approval. Nothing herein prohibits a property owner
from preserving native vegetation in its natural state in excess of the
requirements of state law or city ordinance, provided the owner prepares and
implements a management plan for maintenance of the natural area and said
plan is approved and on file with the community development department.
C. It shall not be a violation of this chapter for property owners to maintain
Prohibited Flammable Plants which were established prior to the effective
date of this ordinance on their property or in common areas, unless the
plants are subject to removal through implementation of an approved Fuel
Prevention and Control Plan or General Fuel Modification Area on file with
the community development department.
9.04.020 Responsibility of Owner - Removal of Weeds
The owner of any lot or parcel of land within the limits of the City of Ashland shall cut
and/or remove weeds growing thereon, and on adjacent and abutting rights-of-way,
between May 15th and June 15th of each year. It shall be the duty of an owner to
continue to cut and remove the weeds throughout the summer season, or any other
time of year when deemed a fire, health, or traffic hazard.
Ordinance No. 3159 Page 3 of 6
9.04.022 Responsibility of Owner - Prohibited Flammable Plants
The owner of any lot or parcel of land within the limits of the City of Ashland shall
not permit species identified on the Prohibited Flammable Plant List to be newly
planted on their property within a General Fuel Modification Area as defined in
Chapter 18.3.10.100.6. It shall be the duty of an owner to cut down and remove
any new seedlings and volunteer plants of listed prohibited flammable plants as
often as needed to prevent them from posing an increased fire hazard.
9.04.024 Responsibility of Owner - Removal of Noxious Vegetation
The owner of any lot or parcel of land within the limits of the City of Ashland shall not
permit noxious vegetation to grow upon their property and on adjacent and abutting
rights-of-way. It shall be the duty of an owner to cut down or to destroy and remove all
noxious vegetation as often as needed to prevent it from becoming a fire, health or
traffic hazard, from becoming unsightly, or maturing, spreading, and going to seed.
9.04.028 Abatement Process
The Uniform Abatement Process set forth in chapter AMC 2.31 shall apply to nuisances
identified in this Chapter and may be used to abate continuing violations.
Notwithstanding any other AMC provisions, a code compliance officer may order the
minimum abatement necessary to abate a fire, health or traffic hazard, (e.g. creation of
an adequate fire break to protect adjacent property from fire exposure). Abatement of
the nuisance shall not prohibit the City from seeking any other remedy or sanction
provided by law.
9.04.030 Violation Penalty
Any person who violates any provision of this Chapter is subject to Section 1.08.020 of
the Ashland Municipal Code. Any violation of this section is a Class I violation.
9.04.040 Notice to Abate - Contents
In case of failure or neglect of any such agent, owner or occupant to cut weeds and
grass and shrubbery as herein provided, the City Recorder shall cause to be served on
such agent, owner, and/or occupant a notice, describing the property with convenient
certainty by its legal description or by the street number of the house, requiring such
owner or agent and/or occupant to cut said weeds, grass, and shrubbery within ten (10)
days from the service thereof, or that the City will require the same to be done, and the
cost thereof charged as a lien against said property.
9.04.050 Notice to Abate - Service - Removal by City - Lien
Such notice shall be served upon such owner, agent, and/or occupant in person if found
upon said premises or within the City, and in case said owner, agent, and/or occupant
Ordinance No. 3159 Page 4 of 6
cannot be found in' person within the City after reasonable diligence and inquiry, such
notice shall be posted in a conspicuous place upon said premises, and a copy thereof
mailed to the last known post office address of such owner, agent, or occupant, if any
such address is known, and return of service shall be filed with the Recorder; and if at
the end of ten (10) days from the giving of such notice, such owner, agent, and/or
occupant, has failed and neglected to cut and remove such vegetation, the Fire Chief
shall cause the same to be done and shall file with the Council a verified itemized
statement of the expenditure occasioned thereby, and the Recorder shall cause notice
to be served upon the owner, agent, or occupant in the manner hereinbefore described,
such statement will be considered and determined by the Council and a lien declared
upon the property involved, the time of which meeting shall be specified in the notice,
more than ten (10) days from the giving of the same, and the Council shall at such
meeting hear any objections to such statement, and by ordinance determine the
correctness of the same, and declare such corrected amount a lien upon the property
benefitted and instruct the Recorder to enter the same upon the City docket of liens in
the same manner and with the same effect that street improvement liens and sewer
liens are entered, and said lien shall have the same force and effect as such street
improvement and sewer liens, and shall be certified to the county assessor in the same
manner.
SECTION 2. A Prohibited Flammable Plant List shall be maintained by the City of Ashland
and approved by Resolution of the City Council.
SECTION 3. Savings. Notwithstanding this amendment, the City ordinances in existence at the
time any criminal or civil enforcement actions were commenced, shall remain valid and in full
force and effect for purposes of all cases filed or commenced during the times said ordinances(s)
or portions thereof were operative. This section simply clarifies the existing situation that
nothing in this Ordinance affects the validity of prosecutions commenced and continued under
the laws in effect at the time the matters were originally filed.
SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word ordinance may be changed to code",, article„, «section„, «chapter or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 3-5) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
Ordinance No. 3159 Page 5 of 6
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the 21' day of August, 2018,
and duly PASSED and ADOPTED this 18'h day of September, 2018,
Melissa Huhtala, City Recorder
SIGNED and APPROVED this 18th day of September, 2018,.
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Stromberg, Mayor
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Revi " ed as to form:
David H. Lo an, ity Attorney
Ordinance No. 3159 Page 6 of 6