- Elizabeth Larson
- Posted On
Supervisors to hold rescheduled public hearing on hazardous vegetation abatement ordinance
The board will meet beginning at 9 a.m. Tuesday, Dec. 11, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport.
The meeting can be watched live on Channel 8 and online at https://countyoflake.legistar.com/Calendar.aspx. Accompanying board documents, the agenda and archived board meeting videos also are available at that link.
At 10 a.m., the board will hold a public hearing to consider draft ordinance No. 18-1083, which would add Article VIII to Chapter 13 of the Lake County Code regarding hazardous vegetation abatement in the county’s unincorporated area.
The proposed ordinance does not apply to properties in the cities of Clearlake and Lakeport.
The draft document can be seen below.
An earlier draft of the ordinance had been set to go before the board last week but was rescheduled to this week, as Lake County News has reported.
Since last week, the document has had significant changes made to it. Changes can be seen primarily in the italicized sections in the document, however some new sections that were added are not in italics, such as Section 13-65, “Appeal of Notice and Order to Abate,” which replaces a similarly numbered but entirely different section, and Section 13-66, “Failure to Abate by Property Owner - Abatement by County Fire Official.”
In its opening paragraphs, the proposed ordinance – both its previous and current version – stated that “preventative actions taken now can greatly reduce both the occurrence, extent and severity of wildfires in the future.”
The new version added that “such actions must include deterring those who ignore the risk to neighbors and entire communities by failing to control hazardous vegetation on real property in their possession and/or control and who allow that risk to continue into the County’s fire season.”
It also adds language clarifying that its purpose is to ensure defensible space is maintained on the portions of unimproved parcels adjacent to improved parcels and along emergency access and evacuation routes and fire access easements.
In its definitions sections, subsections defining abatement and abatement costs are removed, as was a paragraph regarding a “county enforcement official.”
Those are replaced with new paragraphs about hazardous vegetation abatement costs and one that defines the “county fire official,” the individual who will wield significant power in determining which parcels are to be abated and what actions could be taken against landowners.
In the new wording, the proposed ordinance states, “The County Fire Official shall be the Chief Building Official for the County of Lake. In any enforcement and/or abatement action(s) undertaken pursuant to this Article, the County Fire Official may request assistance of any and all Enforcement Officials as defined in this Chapter as well as the assistance of any and all Fire Protection Districts within the County.”
The new ordinance draft also lays out clearer guidelines for how abatement notices shall be served, procedures for removing hazardous vegetation.
Under Section Sec. 13-68, “Violations and Penalties,” the updated draft ordinance clarifies how penalties are assessed, explaining that anyone failing to comply with the provisions “shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Article is committed, continued or permitted by such person and shall be punishable accordingly.”
In the following section, Section 13-69, “Administrative Citations,” which is brand new, it explains that every violation “shall be punishable by (1) a fine of one hundred dollars ($100.00) per day per violation for a first violation, (2) a fine of two hundred dollars ($200.00) per day per violation for a second violation within one year; and (3) a fine of five hundred dollars ($500.00) per day per violation for each additional violation within one year.” That section also establishes a special account for the depositing of funds from fines.
The full agenda follows.
CONTRACT CHANGE ORDER
5.1: Sitting as Lake County Sanitation District Board of Directors, consideration of Change Order No. 2 for Anderson Springs Sewer Project for an Increase of $9,650.16 and a revised contract amount of $6,957,650.16 and authorize the Special Districts administrator to sign.
CONSENT AGENDA
6.1: Approve leave of absence request for Leroy Fields, Substance Abuse Counselor III, from Nov. 13, 2018, through Feb. 14, 2019, and authorize the CAO and chair to sign.
6.2: Sitting as Kelseyville County Waterworks District No. 3 Board of Directors, (a) waive the formal bidding process, pursuant to Lake County Code Section 2-38.4, Cooperative Purchases; and (b) approve purchase of 2019 Ford F-150 Super Cab truck and authorize the Special Districts administrator acting as the deputy purchasing agent to issue and sign a P.O. not to exceed $28,000 with Downtown Ford Sales of Sacramento.
6.3: Approve engineering/inspection agreement between the county of Lake and Ken Porter/KIMCO Development, and authorize the chair to sign.
6.4: Approve engineering/inspection agreement for integrated community development-between the county of Lake and 5400 Gaddy Lane, L.P., and authorize the chair to sign.
6.5: (a) Approve the bid award to McAtee’s Marine in the amount of $28,936.89 and (b) authorize the sheriff/coroner or his designee to issue a purchase order in this amount.
6.6: (a) Approve return of unexpended funds in the amount of $84,820.18 to the Drug Enforcement Agency (DEA); and (b) authorize the Auditor's Office to issue a check.
TIMED ITEMS
7.2, 9:30 a.m.: Public hearing, consideration of deviation (DV 17-08) and subdivision extension (SDX 18-01) requests for Cobb Vista Subdivision Unit No. 1; SD 16-01; IS 14-11, located at 15385 Stonefield Court, Middletown (APN 014-111-21); appellant is Damon Fanucchi.
7.3, 10 a.m.: Continued from Dec. 4, public hearing, consideration of an ordinance adding Article VIII to Chapter 13 of the Lake County Code regarding hazardous vegetation abatement.
UNTIMED ITEMS
8.2: Consideration of Board of Supervisors Rules of Procedure, General Protocol and Committees Policy.
8.3: Consideration of an ordinance Amending Article X of Chapter Two, of the Lake County Code to revise the Local Procurement Standards to State and Federal Standards for Public Projects.
8.4: Second reading, as amended, consideration of ordinance amendment, AM 18-02 to amend Chapter 21 of the Lake County Zoning Ordinance to allow Type N and P Cannabis Manufacturing License in the “C2, C3, M1, M2, and PDC” Districts subject to obtaining a Minor Use Permit, Type 6 Non-Volatile Cannabis Manufacturing License in the “APZ, A, TPZ, C3, M1, M2, and PDC” Districts subject to obtaining a Major Use Permit, Type 7 Volatile Cannabis Manufacturing License in the “M2” District subject to obtaining a Major Use Permit, Type 11 Cannabis Distributor License in the “C3, M1, M2, and PDC” Districts subject to obtaining a Major Use Permit, Type 13 Cannabis Distributor Transport Only License in the “C2, C3, M1, M2, and PDC” Districts subject to obtaining a Major Use Permit, Type 13 Cannabis Distributor Transport Only, Cannabis Self -Distribution License in the “APZ, A, TPZ, RL, RR, SR, C2, C3, M1, M2, and PDC” Districts subject to obtaining a Minor Use Permit, Cannabis Processor License in the “APZ, A, TPZ, and RL” Districts subject to obtaining a Major Use Permit, Type 8 Cannabis Testing Laboratory in the "C2, C3, M1, M2 AND PDC" Districts subject to obtaining a Minor Use Permit.
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121118 Lake County Board of Supervisors - Updated hazardous vegetation abatement draft ordinance by LakeCoNews on Scribd