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Hercules, CA Fire Regulations: Brush Clearance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
HMC § 4-10.04(f) and (g)
Trigger
Overgrown vegetation causing a fire hazard
Abatement notice window
15 to 30 days to clear
Enforcement
City Enforcement Officer, Chapter 10 nuisance process
Non-compliance cost
City abates and bills the property owner

Summary

Hercules has no stand-alone brush-clearance ordinance; it reaches overgrown vegetation through Chapter 10 of Title 4, Nuisance Abatement. Section 4-10.04(f) declares overgrown vegetation a public nuisance whenever it causes a fire hazard, and (g) separately reaches dead, decayed or hazardous weeds and trees that endanger public safety, on any parcel in the city, occupied or vacant.

It is declared a public nuisance for any person owning, leasing, occupying or having charge of any premises in this City to maintain such premises in such manner that any one (1) or more of the following conditions or activities are found to exist: ... Overgrown vegetation: (1) likely to harbor rats, vermin and other nuisances, (2) causing detriment to neighboring properties, or (3) causing a fire hazard; Dead, decayed, diseased or hazardous trees, weeds and other vegetation: (1) constituting a danger to public safety and welfare, or (2) detrimental to nearby property;

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 555, passed March 25, 2025).

Full Breakdown

Hercules doesn't need a freestanding 'brush clearance' ordinance because Chapter 10 of Title 4, Nuisance Abatement, already reaches unmanaged brush and vegetation on any parcel in the city, occupied or vacant. Section 4-10.01 adopts this chapter under Government Code Section 38771 et seq. as an alternate enforcement track to abating nuisances, and Section 4-10.02 makes it applicable to any condition the Code, a City ordinance, a Council resolution or state statute defines as a nuisance, plus the specific list in Section 4-10.04.

That list singles out brush and vegetation twice. Subsection (f) declares overgrown vegetation a public nuisance when it is likely to harbor rats, vermin or other pests, causes detriment to neighboring properties, or causes a fire hazard. Subsection (g) separately reaches dead, decayed, diseased or hazardous trees, weeds and other vegetation that endanger public safety or damage nearby property. Either finding is enough on its own to trigger abatement.

Once the Enforcement Officer identifies the nuisance, Section 4-10.06 requires written notice to the property owner of record, served personally, by first-class mail to the address on the last equalized assessment roll, or (if neither works) by newspaper publication plus a posted 8-1/2" x 11" notice on the property. That notice must describe the property by address and assessor's parcel number, identify the nuisance, and set an abatement window of no less than fifteen and no more than thirty days. Section 4-10.03 keeps the property owner on the hook even when a tenant or occupant also has responsibility for maintaining the lot. Ignoring the abatement order lets the City rehabilitate, remove or otherwise abate the brush itself and recover its costs from the owner under Section 4-10.05.

Violations & Fines

Overgrown brush or vegetation found to be a fire hazard, or dead and hazardous vegetation endangering public safety, is a declared public nuisance under Section 4-10.04(f) and (g). The Enforcement Officer's notice under Section 4-10.06 gives the owner between fifteen and thirty days to clear it; miss that window and the City abates the nuisance itself and bills the owner for the cost under Section 4-10.05, regardless of whether a tenant was also responsible.

Frequently Asked Questions

Does Hercules require brush clearance on vacant lots?
There's no separate brush-clearance permit, but Section 4-10.04(f) of the Municipal Code declares overgrown vegetation a public nuisance whenever it causes a fire hazard, harbors pests, or harms neighboring property, whether the lot is built on or vacant. Once cited, the owner has 15 to 30 days under Section 4-10.06 to clear it.
What happens if I don't clear cited brush in time?
The City abates the nuisance itself, removing the brush or vegetation, and recovers its costs from the property owner under Section 4-10.05. The owner remains liable even if a tenant or occupant also had a duty to maintain the property, under Section 4-10.03.
How does Hercules notify a property owner of a brush violation?
Personal service under the Code of Civil Procedure, or first-class mail to the address on the last equalized assessment roll; if neither is possible, the City publishes notice in a local newspaper and posts an 8-1/2 by 11 inch notice on the property itself, under Section 4-10.06.

Sources & Official References

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