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HomeMy WebLinkAboutMINUTES - 10041983 - T.2 70 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 4, 1983 , by the following vote: AYES: Supervisors Powers , Fanden, Torlakson, Schroder NOES: None ABSENT: Supervisor McPeak ABSTAIN: None SUBJECT: In the Matter of Making Amended ) RESOLUTION NO. 83/1075 Assessments for Division of ) Parcel in Assessment District ) (S. & H. C. ss. 8733 AND 8734) No. 1973-3 (Bishop Ranch) ) San Ramon ) RESOLUTION CONFIRMING AMENDED ASSESSMENT (Parcel 51) The Board of Supervisors of Contra Costa County RESOLVES THAT: Pursuant to Resolution No.83/994, dated August 30, 1983 this Board held a hearing on the report and amended assessment for this Parcel in this Assessment District. Notice of this hearing was duly given pursuant to law and that Resolution, by publication as appears from the affidavit filed in the Clerk's office. At the hearing, this Board duly heard and considered all persons protesting and objecting to the proposed amended assessment, and all other matters and things pertaining thereto. This Board hereby ratifies, approves and confirms the said amended assessment and diagram filed with the County Clerk as set forth in the above Resolution. The Clerk of this Board is directed to deliver the three copies of said amended assessment to the Public Works Director of this County (Road Commissioner-Surveyor) with a certificate at the end thereof by the Clerk that it is the amended assessment hereby approved by this Board, together with a certified copy hereof attached to each amended assessment. The Public Works Director shall then return to the Clerk two of the three copies of the amended assessment with his certificate at the end thereof that it is the amended assessment as approved and confirmed by the Board filed in his office. Thereupon the Clerk shall file one copy with the Auditor-Control Ter, who shall complete the certificate at the end thereof. Finally, the Clerk shall record the amended map or plat in the Office of the County Recorder pursuant to Streets and Highways Code ss. 8734. The amount charged for any fees and costs as shown on the- amended assessment as to each parcel shall , if not heretofore paid, be entered upon the assessment roll and shall be collected alonq with the first installment of the amended assessment. All ajt-h costs and fees shall be deposited in the County General Fund. Originator: Public Works (LD) fhere1'artffy that this hatrusaodoer topyof cc: Public Works Director an action taken and entered on the ndnutes of Mn Auditor-Controller Dowd of Supervisors on the date shown. Assessor ATTESTED. ed e. y, 798C3 County Administrator County Counsel J.R. OLSSON, COUNTY CLERK and ex ctf c;�o Clerk of the Board 60830.1:8 2 s q RESOLUTION NO. 9310)5 By . Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 4, 1983 , by the following vote: AYES: Supervisors Powers , Torlakson, Schroder. NOES: None . ABSENT: Supervisor McPeak. ABSTAIN: Supervisor Fanden(for the reason that she was not present during the discussion) . SUBJECT: Uniform Fire Code 1982 Edition 'This Board on behalf of the County and as ex officio the Board of Directors of the Bethel Island, Brentwood , Byron, Crockett- Carquinez, Contra Costa County, Eastern, Moraga, Oakley, Orinda , Pinole, Riverview, Tassajara and West Fire Protection Districts of Contra Costa County, by Resolution No. 83/1004, fixed this time for hearing on enactment of an ordinance for each of the aforesaid juris- dictions providing therein .for the adoption by reference of the Uniform Fire Code (1982 Edition) as compiled, recommended and published by the Western Fire Chief's Association, Inc. with changes , additions and deletions thereto as set forth in the proposed ordinances ; and Following brief comments by W. J. Maxfield, Chief of the Contra Costa Countq Fire Protection District , the Chairman opened the hearing ; and no other persons having appeared to comment on same, the Chairman declared the hearing closed ; NOW THEREFORE, this Board hereby waives reading and adopts the ordinances as indicated below and DIRECTS the Clerk to publish said ordinances in the Contra Costa Times in accordance with legal requirements : Ordinance No . 83-39 of the County of Contra Costa , Ordinance No . Fire Protection District 83-40 Bethel Island 83-41 Brentwood 83-42 Byron 83-43 Crockett-Carquinez 83-44 Contra Costa County 83-45 Eastern 83-46 Moraga 83-47 Oakley 83-48 Orinda 83-49 Pinole 83-50 Riverview 83-51 Tassajara 83-52 West I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervi ors on the date shown. ATTESTED: e, - �J 213 J.R. OLSSON, COUNTY CLERK and ex officio Clerk of the Board By � , .( , Deputy Orig. Dept: cc: 2,90 UNIFORM FIRE CODE ORDINANCES OF THE COUNTY OF CONTRA COSTA (4183-39 ) , AND OF THE BETHEL ISLAND (4683-40 ) , BRENTWOOD (4483-41 ) , BYRON (4483-42 } � CROCKETT-CARQUINE7 (4183-43 ) , CONTRA COSTA COUNTY (4683-44 ) , EASTERN (4683-45 ) , MORAGA (4683-46 ) , OAKLEY (4683-47 ) , ORINDA (4683-48 ) , PINOLE (4683-49 ) , RIVERVIEW (4683-50 ) , TASSAJARA (4683-51 ) , AND WEST COUNTY (4683-52 ) , FIRE PROTECTION DISTRICTS OF CONTRA COSTA COUNTY , ADOPTING BY REFERENCE (WITH CERTAIN AMENDMENTS) THE UNIFORM FIRE CODE ( 1982 EDITION AND THE UNIFORM FIRE CODE STANDRDS) COMPILED BY THE WESTERN FIRE CHIEFS ASSOCIATION, INC . , AND REPEALING ORDINANCE NUMBERS 81-42 THROUGH 81-55. The Board of Supervisors of Contra Costa County for the County, and as the Board of Directors of the Bethel Island , Brentwood , Byron, Crockett-Carquinez, Contra Costa County, Eastern, Moraga, Oakley, Orinda , Pinole , Riverview, Tassajara, and West County Fire Protection Districts , ordains as follows: Section I . Adoption by Reference. The Uniform Fire Code 1982 Edition including Appendix Articles I-A, I-B, II-A, II-B, .II-C, II-D , III-A , III-B, III-C , IV-A, V-A , VI-A, VI-C , and the Uniform Fire Code Standards, as compiled , recommended and published by the Western Fire Chiefs Association and the International Conference of Building Officials , is hereby adopted by this reference, with the changes , additions , and deletions set forth in this ordinance of which Code and Standards not less than three (3) copies have been and are now filed in the Office of the Clerk of the County of Contra Costa and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which ordinance shall take effect the provision thereof shall be controlling within the boundaries of this jurisdiction. Section II . Additional Definition. In addition to the terms defined in Article 9 of the Uniform Fire Code , the following term in this ordinance and in the Uniform Fire Code , adopted by reference by this ordinance is defined as follows: "Board of Fire Commissioners" shall mean the commissioners appointed by the supervising authority of the jurisdiction to act as its agents in managing the affairs of the jurisdiction. Section III . Changes and Deletions. The Uniform Fire Code and the Uniform Fire Code Standards adopted by reference in Section I , shall be effective with the amendments , additions and deletions set forth in this section. Article , section, division, and appendix numbers...used below are those of the Uniform Fire Code . Section 1 . 103. Scope. Section 1 . 103 is amended by adding subsection (d) , as follows: 231 (d ) Where not otherwise limited by law, the provisions of this code shall apply to vehicles , ships , boats , and mobile vehicles when fixed in a specific location within the boundaries of this jurisdiction. Section 2. 102. Rules and Regulations. .Section 2. 102 is amended , as follows: The Chief is authorized to make and enforce such rules and regulations for the prevention and control of fires and fire / hazards as may be necessary from time to time to carry out the l Intent of this Code. Such rules and regulatins shall become effective only after the Board of Fire Commissioners has reviewed and the County Administrator or the Board of Supervisors has approved them and indicated its or their approval and upon filing of one copy of such rules and regulations in the Office of the Clerk of the Board of Supervisors . Additional copies of such rules and regulations shall be kept in the office of the Fire Department for reference by and distribution to the public . Section 2. 105. Authority of Fire Personnel to Exercise Powers of Peace Officers . Section 2. 105 is amended , as follows: (a) The Chief and his designated representative shall have the powers of peace officers while engaged in the performance of their duties with respect to the prevention, investigation, and suppression of fires and the protection and preservation of life and property against the hazards of fire and conflagration. (b) The Chief, or his duly authorized agents , may issue cita- tions for violations of this ordinance in the same manner as a county or city is authorized to do so by Chapter 5C (commencing with Section 853.5) , Title 3, Part 2, of the Penal Code. Section 2.204 . Orders Notices and Tags . Section 2.204 is amended by adding subsection (eT, as follows: (e) The Chief may order, in writing, the correction, elimina- tion, or abatement of any fire or life hazard or any violation of this Ordinance including the said code and standards incorporated by reference herein which violation correction is necessary for prevention and suppression of fires and conflagrations and for the protection and preservation of life and property against the hazards of fire and conflagration . Section 2.206 . Review of Certain Plans . Section 2.206 is added , as follows: Before undertaking any construction or development , Applicants shall submit building plans and/or specifications to the fire department for its retention and review for compliance with this ordinance and other applicable regulations , whenever any land is developed and/or building is constructed or improved which would require: -2- 292 1 . Provision of a water supply for fire protection; 2. Provision of access for fire apparatus; 3 . An occupancy for the storage, handling, or use of any hazardous substance , material process or devise; 4. Occupancies for which a fire department has a respon- sibility for enforcement of laws or ordinances for fire safety and preservation of property or lives; and/or 5 . Provisions to control the spread of fire. Section 2.207 . Fee for Plan Review, Inspection, Permits . Section 2.207 is added , as follows: The Board of Fire Commissioners may by resolution , establish a schedule of non-discriminatory fees to be charged and collected , solely to defray the fire department 's reasonable costs for plan review of fire protection equipment and systems , including, but not limited to, the plans set forth in Section 2.206 , above; requested or required inspection services; and issuance of per- mits . Such fees shall become effective only after the County Administrator or Board of Supervisors has reviewed such and approved the fee schedule. One copy of such approved fee schedule shall be filed with the Office of the Clerk of the Board of Supervisors and one copy filed with the County Administrator' s office . Additional copies shall be kept in the main business office of the fire department for reference by and distribution to the public . Section 2.302. Board of Appeals . Section 2.302 is amended , as follows: In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpre- tations of the provisions of this ordinance, there shall be and hereby is created a Board of Appeals . The Board of Appeals shall be composed of the Board of Fire Commissioners . The Board shall- adopt reasonable rules and regula- tions for conducting its investigations and shall render all deci- sions and findings in writing to the Fire Chief with a duplicate copy to the appellant and may recommend to the Executive Body such new legislation as is consistent therewith. Section 2. 303. Standards . Section 2. 303 is amended by adding subsection (b) , and certain publications , as follows: (b) Whenever this ordinance is inapplicable for any reason to any situation involving the protection of persons and property from the hazards of fire and explosion, the materials , methods of construction, installations , practices , or operations necessary to provide such protections shall, to a reasonable degree, be in accordance with nationally recognized and accepted standards , -3- 29J. I principles , and tests and generally recognized and well- established methods of fire prevention and control , as set forth in the following publications which are adopted by reference as part of this ordinance as though set forth herein in full . The publications listed below are contained in their entirety in the 1982 Edition of the National Fire Codes published by the National Fire Protection Associaiton (NEPA) . Three (3) sets of these codes are on file in the Office of the County Clerk for use and examina- tion by the public. NATIONAL FIRE PROTECTION ASSOCIATION (N.F.P.A. ) Batterymarch Park Quincy, MA 02269 N .F .P .A. STANDARDS 12 Carbon Dioxide � S stems 1980 Systems , 12A Halon 1301 Systems , 1980 12B Halon 1211 Systems , 1980 13 Sprinkler Systems , Installation, 1980 13A Sprinkler Systems , Maintenance, 1981 13D Sprinkler Systems , Dwelling, 1980 14 Standpipe and Hose Systems , 1980 16 Foam-Water Sprinkler & Spray Systems , 1974 17 Dry Chemical Systems , 1980 20 Centrifugal , Fire Pumps , 1980 22 Water Tanks , 1981 / 24 Outside Protection , 1981 26 Supervision of Valves , 1976 30 Flammable and Combustible Liquids Code, 1981 31 Oil Burning Equipment , 1978 33 Spray Application, Using Flammable and Combustible Materials , 1982 34 Dip Tanks , 1982 35 Manufacturer of Organic Coatings , 1982 36 Solvent Extraction Plants , 1978 37 Stationary Combustion Engines and Gas Turbines , 1979 40E Storage of Pyroxylin Plastic , 1980 43A Liquid & Solid Oxidizing Materials , 1980 43C Storage of Gaseous Oxidizing Materials , 1975 45 Fire Protection for Laboratories Using Chemicals , 1982 48 Magnesium, Storage, Handling, 1982 50 Bulk Oxygen Systems , 1979 50A Gaseous Hydrogen Systems , 1978 50B Liquefied Hydrogen Systems , 1978 51 Welding and Cutting, Oxygen-Fuel Gas Systems for, 1977 56F Non-flammable Medical Gas Systems , 1977 59A Liquefied Natural Gas, Storage and Handling, 1979 65 Aluminum Processing and Finishing, 1980 68 Explosion Venting, Guide, 1978. 69 Explosion Prevention Systems , 1978 71 Central Station Signaling Systems , 1982 72A Local Protective Signaling Systems, 1979 72B Auxiliary Signaling Systems, 1979 -4- 294 72C Remote Station Signaling Systems , 1982 72D Proprietary Signaling Systems , 1979 72E Automatic Fire Detectors , 1982 74 Household Fire Warning, 1982 75 Electronic Computer/Data Processing Equipment , 1981 87 Piers and Wharves , 1980 91 Blower and Exhaust Systems , 1973 96 Commercial Cooking Equipment , Vapor Removal , 1980 231 General Storage, Indoor, 1980 231A General Storage , Outdoor, 1975 303 Marinas and Boatyards , 1975 327 Cleaning Small Tanks , 1982 329 Underground Leakage of Flammable and Combustible Liquids , 1977 395 Flammable and Combustible Liquids on Farms and Isolated Construction Projects , 1980 409 Aircraft Hangers , 1979 410 Aircraft Maintenance, 1980 415 Aircraft Fuel Ramp Drainage, 1977 419 Airport Water Supply Systems , 1975 505 Powered Industrial Trucks , 1982 513 Motor Freight Terminals , 1978 651 Aluminum of Magnesium Powder, 1980 654 Plastics Industry, Dust Hazards , 1982 655 Sulfur Fires , Explosions , Prevention, 1982 664 Woodworking Plants , Dust Hazards , 1971 Section 3. 105. Compliance. Section 3. 105 is added , as follows: Every person who violates any provision of this ordinance and any provision of the Uniform Fire Code as adopted by reference herein is guilty of a misdeameanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified , each ten ( 10) days that prohibited conditions are maintained shall constitute a separate offense. The application of the aforesaid penalty shall not be held to pre- vent the enforced removal of prohibited conditions. This section is a declaration of Section 13871 of the Health and Safety Code and is not intended to create a different or separate penalty. Section 4 . 107 . Revocation of Permits . Section 4 . 107 is amended by adding subsection (f) , as follows: (f) Whenever the Chief shall disapprove an application or refuse to grant a permit applied for , or when it is claimed that the provisions of this ordinance do not apply, or that the true intent and meaning of this ordinance have been misconstrued or wrongly interpreted , the applicant may appeal from the decision of the Chief to the Board of Appeals (created pursuant to Section 2.302) within 30 days from the date of decision appealed. -5- 235 Section 9. 103. Definitions . Section 9. 103 is amended by adding the definition of "Administrator" , as follows: Administrator means the County Administrator of Contra Costa County. Section 9. 105. Definitions . Section 9. 105 is amended by adding the definition of "County Administrator" , as follows: County Administrator means the County Administrator of Contra Costa County. Section 9 . 107 . Definitions . Section 9. 107 is amended by adding the year " 1981" in the definition of "Electrical Code" . Section 9 . 108 . Definitions . Section 9. 108 is amended by adding the definitions of "Firebreak" , "Firetrail" , and "Fuelbreak" as follows: Firebreak means a continuous strip of land upon and from which all rubbish, weeds , grass or other growth that could be expected to burn when dry has been abated or otherwise removed in order to prevent the surface extension of fire from one area to another . Firetrail means a graded firebreak of sufficient width , sur- face , and design to provide access for mean and equipment to J suppress and to assist in preventing a surface extension of fires . ` Fuelbreak means a firebreak or sufficient width, surface , and design to provide access for men and equipment to suppress and to assist in preventing a surface extension of fires . Section 9. 112. Definitions . Section 9. 112 is amended by altering the definitions of "Jurisdiction" and "Jurisdictional Area" , as follows: Jurisdiction means any county, district or other political subdivision adopting this ordinance for use within its legal boundaries . Jurisdictional Area means the territory of any county, district or other political subdivision adopting this ordinance for use within its legal boundaries . Section 10.206 . Obstruction of Fire Protection Equipment . Section 10.206 is amended by adding a last sentence, as follows: When hydrants are located behind curbs on property not governed by the California Vehicle Code and/or related parking or vehicular regulation of a local governmental entity, and the parking of motor vehicles is allowed , the curb shall be painted red for a dimension of 7 1/2 feet on each side of the hydrant . Section 10.207. Access Roadways for Fire Apparatus. Section 10.207 is amended by altering 'subsection b and adding subsection (g) , as follows: -6- 296 (b) Obstructing. The access width or roadway shall not be obstructed in any manner including, but not limited to, imposition of any physical impairment , condition , object or device, including construction of an access width or roadway of excessive grade which shall lessen , obstruct, hinder, delay or impair the access for safe emergency response of fire department apparatus and per- sonnel . Parking of vehicles shall not be permitted when such parking would obstruct access . "No Parking" signs and/or other appropriate measures and/or notice prohibitin obstruction may be required , and, if required , must be provided and maintained. (g) Open space. When access to open land/space or firetrail systems maintained for public or private use is obstructed by new development , the developer shall provde alternate acceptable access into the areas , as approved by the fire district , for fire personnel and apparatus . Section 10.208 . Premises Identification. Section 10. 208 is amended by adding a last sentence, as follows: When illuminated number/address are provided , they shall be maintained in good working order. Section 10.301 . Installation. Section 10. 301 is amended by altering and adding to subsection (c) , as follows: (c) Water Supply. Where lands are hereafter divided for future development or construction of any buildings , an approved water supply capable of supplying required fire flow for fire pro- tection shall be provided . When any portion of the building pro- tected is in excess of 150 feet from a water supply on a public street , there shall be provided , when required by the Chief, on- site fire hydrants and mains capable of supplying the required fire flow. Water supply may consist of reservoirs , pressure tanks , eleva- tor tanks , water mains or other fixed systems capable of supplying the required fire flow. In setting the requirements for fire flow, the Chief may be guided by the standard published by the Insurance Services Offices , "Guide for Determination of Required Fire Flow" . The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public street or on site of the premises to be protected as required and approved by the Chief. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Sec. 10.207. When the required fire flow cannot be provided or exceeds fire department capabilities , alternate methods of fire protection as approved by the Chief shall be provided . Section 10.302. Maintenance. Section 10.302 is amended by deleting the exception to subsection(a) . -7- 297 Section 10. 307 . Fire Alarm System. Section 10. 307 is amended by adding subsection (e) , as follows: (e ) Fire alarm annunciator panels shall be provided at such locations as required by the Chief. Section 10. 308 . Fire Extinguishing Systems . Section 10.308 is amended by altering subsection (a) , as follows: (a) General . All fire-extinguishing systems shall be installed in accordance with the requirements of this article . All fire hose threads used in connection with fire-extinguishing systems shall be National Standard threads or other connection as approved by the fire department . Section 10. 309 . Automatic Fire-Extinguishing Systems. Section 10.309 is amended by altering subsection a as follows: (a) Where Required . An automatic fire-extinguishing system shall be installed in the occupancies and locations as set forth in the Uniform Building Code . For special provisions on hazardous chemicals and magnesium, and calcium carbide, see Sections 10. 301 and 45.208 and Articles 48, 49, and 80. In buildings used for high-piled combustible storage fire protection shall be in accordance with the Fire Code. Section 10.401 . Occupancy and Area Separation and Draft-Stop Partitions . Section 10.401 is amended by altering, as follows: Section 10. 401 . Fire Resistive Construction. All required fire resistive construction , including occupancy separations , area separtion walls , exterior walls due to location on property, fire- resistive requirements based on type of construction, draft-stop partitions and roof coverings shall be maintained as specified in the Building Code and this code shall be properly repaired , restored or replaced when damaged , altered, breached , penetrated , removed or improperly installed . Section 12. 101 . Scope. Section 12. 101 is amended by adding a last paragraph, as follows: Exits serving every building structure or confined area which is used or intended to be used at any time for human occupancy shall be maintained as specified in the Uniform Building Code and in accordance with this Article and Section 1 . 103 of this Code. Section 12. 104. Doors. Section 12. 104 is amended by adding to subsection (c) , ap follows: (e) Panic Hardware. No lock, padlock, hasp, bar, chain, or other device, or combination thereof, shall be installed or main- tained at any time on or in connection with any door on which panic hardware is required if such device prevents the free use of the door for egress . -8- 298 J Section 12. 113. Exit Illumination. Section 12. 113 is amended by adding subsection TFT, as follows: (e) Working Order . All illuminated exit signs and all emergency light and power systems , where provided, shall be main- tained at all times in working order. Section 77 . 106 . General Requirements. Section 77. 106 is amended by adding a last sentence to subsection (b) , as follows: The limits in which storage of explosives and blasting agents are prohibied, are hereby established as follows: In all areas of this ,jurisdiction, except for approved explosive terminals , quarry operations , and temporary storage for use in connection with approved blasting operations as approved by the Chief. Section 79 . 113. Abandonment and Status of Tanks . Section 79 . 113 is amended by altering subsection (e) , as follows: (e) Underground Tanks out of Service One Year. Any underground tank which has been abandoned for a period of one year shall be removed from the ground and the hole properly filled . Section 79 .501 . Restricted Location. Section 79.501 is amended by adding a last sentence as follows: The limits in which storage of flammable or combustible liquids in outside above-ground tanks are prohibited, are hereby established as follows: In residential class occupancies , and areas including apartments and hotels, in all mercantile , commer- cial business districts , and in other congested or heavily- populated areas . Section 79 .605. Testing. Section 79.605 is amended by adding subsection (e) , as follows: (e) Deteriorated Tanks . A leaking or otherwise deteriorated tank shall be removed from the ground and shall not be repaired for return to service . Section 79 . 1401 . Scope. Section 79. 1401 is amended by adding two paragraphs , as follows: No new bulk plants shall be constructed within the limits established by law at limits of the district in which such plants are prohibited . The limits in which new bulk plants for flammable or com- bustible liquids are prohibited, are hereby established as follows: In residential class occupancies , and areas including apartments and hotels, in all mercantile and commercial business districts and other congested or heavily-populated areas . Section 81 . 105. Automatic Fire-Extinguishing System. Section 81 . 105 is amended by altering subsection a and deleting the exception to subsection (a) , as follows: -9- 299 i (a) An approved automatic fire extinguishing system shall be required throughout the building when the continguous area used for high-piled combustible storage exceeds 5 ,000 square feet , inclusive of aisles . Section 82. 105. Location of Containers . Section 82. 105 is amended by adding a last sentence to subsection (a) , as follows: The limits in which bulk storage of liquified petroleum gas is restricted, are hereby established as follows: In residential class occupancies , and areas including apartments and hotels , in all mercantile and commercial business districts and other congested or heavily populated areas. Section 82. 107. Prohibited Use of Li uified Petroleum Gas. Section 82. 107 is amended by adding subsection (c) , as follows: (c) Liquified Petroleum Gas containers shall not be stored or used inside of any tent or air-supported structure or occupancy unless approved by the Chief. ARTICLE 87 FIRE HAZARD ABATEMENT Article 87 is added in its entirety, as follows: Section 87 . 101 . Delegation of Power. r a. This Board as the supervising, legislative and executive /t authority of this jurisdiction hereby delegates to the Board of ` Fire Commissioners of this jurisdiction all its powers , duties , and rights to act pursuant to Part 5 (commencing with Section 14875 ) , Division 12, of the Health and Safety Code , to clear or order the clearing of land or remove or order the removal of dry grass , stubble, brush, rubbish, litter or other flammable material where such flammable material endangers the public safety by creating a fire hazard. Such fire hazard abatement shall be con- ducted in accordance with the provisions of said Part 5 and/or this ordinance. In the application of the provisions of said Part 5 to fire hazard abatement proceeding under this ordinance and the Fire Protection District Law of 1961 , the terms "Board of Supervisors" or "Board" when used in Part 5 , shall mean the Board of Fire Commissioners of this jurisdiction under this article; and the officers designated in ,Section 14890 of Part 5 shall mean the employees of this jurisdiction by the Board of Fire Commissiones of this jurisdiction. b. If no Board of Fire Commissioners has been appointed for the jurisdiction then this Board shall retain all its powers , duties , and rights to act pursuant to said Part 5. c. This Board of Supervisors reserves and retains the power to award a contract for such fire hazard abatement work where the employees of this jurisdiction are not used to perform such abate- ment work. _10- 3iJU Section 87 . 102. Definitions . As used in this article: a . "Weed" , as used in this part , means all weeds growing upon streets or private property in this jurisdiction and includes any of the following: 1 . Weeds which bear seeds of a downy or wing.y nature. 2. Sagebrush, chaparral , and any other brush or weeds which attain such large growth as to become, when dry, a fire menance to adjacent improved property. 3. Weeds which are otherwise noxious or dangerous . 4 . Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health. 5 . Dry grass , stubble , brush, litter or other flammable materials which endanger the public safety by creating a fire hazard . b . "Rubbish" means waste matter, litter, trash, refuse, debris and dirt on streets , or private property in the jurisdic- tion which is, or when dry may become a fire hazard . C. "Streets" includes alleys , parkways , driveways , sidewalks , and areas between sidewalks and curbs . d . "Person" includes individuals , firms , partnerships and corporations . e . "Cost of Abatement" shall include all expenses incurred by the jurisdiction in its work of abatement undertaken pursuant of Article 85 of this ordinance. Section 87. 103. Weed and Rubbish a Public Nuisance. This Board hereby declares that all weeds growing upon private property or streets in this jurisdiction and all rubbish on pri- vate property or streets in this jurisdiction are public nuisan- ces . Such weed nuisance is seasonal and recurrent . Section 87 . 104. Weeds and Rubbish to be Destroyed or Removed. It shall be unlawful for any person owning, occupying, renting, managing or controlling any real property in this juris- diction or on portions of streets adjoining such real property to the center line of such streets . It shall be the duty of every such person to remove or destroy such weeds and/or rubbish. Distruction by burning within this jurisdiction is unlawful unless the written permission of the Chief of this jurisdiction is first obtained, and all other applicable permits are obtained from appropriate governing jurisdictions. Section 87 . 105. Abatement Procedure. - -11- 301 a. The Chief of this Jurisdiction may order the abatement of the weeds and rubbish described in Section 87. 104. On making the order, the Chief of this Jurisdiction shall mail a copy of a notice to the owner of the affected property as he and his address appear upon the current and last County equalized assessment role or as his address is known to this Jurisdiction. As an alter- native to mailing, the notice may be posted upon the affected pro- perty and published in this Jurisdiction, not less than 10 days prior to the date of the abatement hearing. Copies of the notice shall be headed with the words "Notice to Abate Weeds and Rubbish" in letters at least one inch high. The notice shall be in substantially the following form: NOTICE TO ABATE WEEDS AND RUBBISH You are hereby notified that weed and rubbish constitute a fire hazard on the following described property owned by you: (describe property by common street designation, by metes and bounds , Assessor's code area and parcel number, or by reference to attached map) . You are hereby notified to remove the weeds and rubbish within fifteen days from the date of this notice. If you fail to do so, . it will be removed by the (name of �- jurisdiction) and the cost of removal will be co lected like pro- perty taxes and will be a lien on your property until paid . You are hereby further notified that the Board of Supervisors of Contra Costa County has declared that such weeds and rubbish constitute a public nuisance and that such weeds also constitute a seasonal and recurring nuisance. You may appear before the Board of Fire Commissioners of this Jurisdiction on (time and date) at (place - room, street , address , city) to show cause why this order should not be enforced. (Signed) : (Name of Chief and name of Jurisdiction. ) b. A date for hearing on the notice shall be set at least fifteen ( 15) days after the date of the notice. The date of the notice is the date on which the notice is placed in the United States mail or the date on which it is posted on the property. At the hearing the property owner or his agent may appear to show cause why the order shall not be enforced. For good cause shown, the Board of Fire Commissioners may extend the time for compliance with the order or may rescind the order. c. If the owner fails to comply with the order, the Chief of this Jurisdiction may have the weeds and rubbish abated, either by employees of this Jurisdiction or by contract . If a contract is awarded , at least three bids shall be solicited and the contract shall be awarded to the lowest responsible bidder. A contract may include work on more than one parcel . -12- 302 d. The Fire Chief abating the nuisance shall keep an account of the cost of abatement in front of or on each separate parcel of land and shall render an itemized report in writing to the Board of Fire Commissioners showing the cost of removing the weeds and rubbish on or in front of each separate lot or parcel of land, or both. Before the report is submitted to the Board of Fire Commissioners, a copy of it shall be posted for at least three days on or near the chamber door of the Board with a notice of the time when the report will be submitted to the Board for confir- mation. Said report and notice shall also be posted for the said three days in two other public places in the district. As the time fixed for receiving and considering the report , the Board of Fire Commissioners shall hear it and any objections of any of the property owners liable to be assessed for the work of abatement . Thereupon, the Board of Fire Commissioners may make such modifica- tions in the report as it deems necessary, after which by order or resolution , the report shall be confirmed . The amounts of the cost for abating the nuisance in front of or upon the various par- cels of the land mentioned in the report as confirmed shall constitute special assessments against the respective parcels of land , and are a lien on the property for the amount of the respec- tive assessments . Such lien attached upon recordation in the Office of the County Recorder of the County in which the property is situated of a certified copy of the Resolution of Confirmation. e. Upon confirmation of the report of cost by the Board of Fire Commissioners of this jurisdiction and the recordation of the Resolution of Confirmation by the Chief, a copy of the report of cost shall be sent to the County Auditor, who shall enter the amount of the assessments against the parcels of land as they appear on the current assessment roll . The Tax Collector shall include the amount of the assessments on bills for taxes levied against the parcels . Thereafter the amount of the assessments shall be collected at the same time and in the same way as County taxes are collected. The owners are subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes . All laws applicable to the levy, collection, and enforcement of county taxes are applicable to these assessment taxes. Section 87 .106 . Firebreaks . In lieu of ordering abatement as proved in Section 87. 105, the Chief of this ,jurisdiction may order the preparation of firebreaks around parcels of property where combustible weeds, crops , or brush are present . In determining the proper width for firebreaks , he shall consider the height of the growth, weather conditions, topography, and the accessibility to the property to fire protection equipment . The procedure set forth in Section 87. 105 for the abatement of weeds and rubbish shall also apply to the preparation of firebreaks . Section 87. 107. Peat Fire, Penalties Therefor. a . It is the duty of each person, firm, corporation or asso- ciaiton not to permit a peat fire in or a fire involving com- -13- X03 bustible vegetable materials under the surface of the natural ground to remain upon his property. It is hereby declared that it is the duty of any person as herein defined to take all necessary precautions to extinguish and subsurface fire involving peat or vegetable material at his own cost and expense. b . If there exists upon the lands of any person as herein defined a subsurface fire involving the burning or combustion of peat or •vegetable matter and the owner or occupant thereof has not taken reasonable precautions within a reasonable time to extinguish such fire or combustion, this jurisdiction may, in addition to its regular duties to extinguish or minimize such fire or combustion, go upon the lands of any person as herein defined and extinguish such fire or combustion. . Any costs incurred by the fire department in fighting the fire and for the cost of providing rescue or emergency medical services shall be a charge against said person. The charge shall constitute a debt of that person and is collectable by the fire department incurring those costs in the same manner as in the case of an obligation under a contract , express or implied. (See, Health & Safety Code §13009. ) SECTION IV. Repealed Ordinances . The following numbered ordinances previously adopted by this Board of Supervisors of the County of Contra Costa are hereby repealed: 81-42, 81-43, 81-44, 81-45, 81-46, 81-47, 81-48, 81-119, 81-50 , 81-510 81-52, 81-53, 81-54,. and 81-55. SECTION V. Effective Date. This Ordinance shall become effective 30 days after passage , and within 15 days of passage, shall be published once with the names of Supervisors voting for and against it in the "Contra Costa Times" , a newspaper published in this County. .14- 304 PASSED and ADOPTED on October 4 , 1983 by the following vote : AYES: Supervisors Powers , Torlakson, Schroder . NOES: None, ABSENT: Supervisor McPeak. ABSTAIN: Supervisor Fanden• ATTEST: J.R . OLSSON , County Clerk & ex officio Clerk of the Board By: �!i wa,� ai son of the Boar �.�Deputy C . Matthews Su ervisor ,t � Superviso V �i Supervisor -7;�tIW4 Supervisor [SEAL] MDF: df (8/16/83) .15- 305 t