Weed Abatement Standards

California Fire Code: 

304.1 Waste Accumulation Prohibited.

 Combustible waste material creating a fire hazard shall not be allowed to accumulate in buildings or structures or upon premises.

304.1.2 Vegetation.

 Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirements in urban wildland interface areas shall be in accordance with Chapter 49.

City of Banning Ordinances:

Sec. 8.48.050. Fire Hazard.

            All weeds, dry grasses, dead trees, combustible rubbish, or any material growing upon private property within the city which by reason of their size, manner of growth and location constitute a fire hazard to any building, improvements, crops or other property, and weeds and grasses which when dry, will in reasonable probability constitute a fire hazard are declared a public nuisance.  (Ord. No. 969 § 1(part).)

Sec. 8.28.050- Accumulations prohibited—Exceptions. 

No person owning or occupying any building, lot or premises in the city shall suffer, allow or permit to collect and remain upon such lot or premises any garbage or waste matter; provided, that this section shall not be construed as interfering with any building under a building permit or with wood neatly piled for kitchen or household use. (Code 1965, § 11-3.)

Sec. 8.48.210 (N) - Property maintenance. 

It is unlawful and it is declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any premises or property within the city to maintain such property in such a manner that any of the following conditions are found to exist thereon: 

Overgrown, dead, decayed, or hazardous vegetation which:

 1. May harbor rats, vermin, or other disease carriers,

 2. Is maintained as to cause an obstruction to the vision of motorists or a hazardous   condition to pedestrians or vehicle traffic, 

 3. Constitutes a fire hazard to any building, improvement, crop, or other property,

 4. Constitutes an unsightly appearance, or

 5. Creates a danger or attractive nuisance to the public; (Code 1965, § 11C-19.)

Notification:

A “One Time Courtesy Letter” will be sent to the parcel owners within the City of Banning to inform that weed abatement and clean-up of waste accumulation shall be required to be completed. This notice will be sent out at the beginning of 2013 for all current owners and compliance abatement notices will start soon thereafter. This courtesy letter will be enforced every year forward. At the beginning of each year thereafter a “One Time Courtesy Letter” will be sent out for the new land owners within the city. 

However, if a significant fire hazard exists, as determined by the City of Banning Fire Marshal, then an annual letter will not be required to have the property cleaned and/or abated. 

Procedure:

            The following standards shall be adhered to by all persons or companies performing weed abatement within the City of Banning.

1.   All weeds must be completely disked under or cut to a height not to exceed two (2) inches.   Thereafter, weeds shall be completely disked under or cut before or upon reaching the maximum height of five (5) inches or at any given time the property is determined to be a fire hazard by the Fire Marshal of the City of Banning. 

2.   Lots three (3) acres and under, shall be abated in their entirety.  See Exhibit “A”.

3.   Lots over three (3) acres shall have a fifty (50) foot perimeter and a fifty (50) foot cross hatch dividing each acre.  See Exhibit “A”.

4.   Weeds shall be abated to the back of curb, sidewalk, street paving edge of road, and around and up to fencing and poles.

5.   Weed abatement procedure shall not disrupt, alter or block any natural or man-made water way, stream or drainage ditch.  All of said water ways must be kept clean and free of all debris as described in 11C-18.

6.   Handwork will be required where tractors or other similar equipment have no access to meet requirements of items numbered 4 and 5 above.

7.   Any parcel lawfully used for harvesting any crop such as wheat, barley or hay, and/or used to graze livestock shall be provided with a 30 foot perimeter adjacent to any improved properties. These parcels regarded as agriculture, shall be irrigated and maintained fire safe. No dried weeds will be permitted.

8.   Weeds not abated as set forth in the California Fire Code (CFC), section 304, shall be subject to inspection fees and penalties.  A tax lien may be placed on any parcel where compliance is not obtained and inspection fees are not paid.

9.   All property subject to this standard shall at all times be maintained consistent with the California Fire Code, section 304.