Unincorporated Tulare County regulates weeds by fire hazard, not by a fixed inch-height. County Code Chapter 4-11 declares weeds, grass, rank growth and combustible rubbish that create a fire hazard a public nuisance. The County Fire Chief can order abatement, and uncorrected hazards become an infraction with abatement costs liened to the parcel.
The Fire Hazardous Weeds and Rubbish Ordinance (County Code Chapter 4-11, enacted under Gov. Code 25845 and Health & Safety Code 14930-14931) governs overgrown vegetation in the unincorporated area. Section 4-11-1065 declares 'weeds, grass, rank growths and combustible rubbish growing or accumulating upon private property which do, or will when dry, create a fire hazard' to be a public nuisance. Importantly, the ordinance defines these terms by their fire-spread potential rather than a specific height: section 4-11-1070 defines 'weed' as any wild-growing plant of whatever height except a tree, 'grass' as cultivated herbaceous plant that, if uncontrolled, attains a height enabling rapid fire spread, and 'rank growth' as vegetation that attains a height and density that is a medium for rapid fire spread. No numeric grass-height threshold (such as a number of inches) appears in the county ordinance. Section 4-11-1075 makes it the duty of every owner of private property in the unincorporated areas of Tulare County to prevent such a nuisance. The County Fire Chief enforces it: a notice/order is served, the owner has fifteen (15) calendar days to request administrative review, and abatement may not begin until at least thirty (30) days after the notice was mailed or delivered (section 4-11-1260).
Under section 4-11-1290, maintaining fire-hazard weeds or rubbish is an infraction (punishable under County Code section 125) when not corrected within 30 days of notice and no timely review is requested, or within the time set after review/appeal. Section 4-11-1285 lets the Board place the cost of abatement plus administrative costs on the County tax roll as a special assessment against the parcel, collected like ordinary county taxes, and record an abatement lien. The administrative cost-per-parcel fee is set by Board resolution.
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