Unincorporated Mendocino County Code Ch. 8.77 declares hazardous vegetation, weeds, and combustible material that create a fire hazard a public nuisance. The County Building Official can order abatement, including defensible space around structures, with fines up to $1,000 per violation per day.
Mendocino County Code Chapter 8.77, adopted by Ordinance 4485 on February 23, 2021, addresses weeds and overgrown vegetation in the unincorporated County primarily as a wildfire-prevention measure. The Board found that fire disasters in and around the County have increased and that the chapter's purpose is to remove hazardous vegetation, combustible material, and rubbish to reduce fire risk. Section 8.77.020 defines 'Hazardous Vegetation' as flammable vegetation that endangers public safety, including 'seasonal and recurrent weeds, stubble, brush, dry leaves or needles,' highly flammable plants, tumbleweeds, and dead trees, while 'Weeds' specifically means vegetation in residentially zoned urbanized areas that is neglected and attains large enough growth to become a fire hazard when dry. Section 8.77.030 makes maintaining such conditions a public nuisance as determined by the County Building Official, and Section 8.77.040 lets the County require corrective actions, including removing the vegetation and establishing defensible space around buildings and structures. Rangeland, pasture, forestland/TPZ, agricultural land, and active commercial crops are excluded except where they affect defensible space around homes, structures, rights-of-way, and utility lines. Enforcement runs through the Chapter 8.75 abatement procedure and Chapter 1.08 administrative citations.
Section 8.77.050 makes it a violation to maintain a declared nuisance after notice and an opportunity to correct. Administrative penalties under Chapter 1.08 apply, with a fine not to exceed $1,000 for the first and each subsequent violation, and each day the violation exists is a separate and distinct offense. The County may also abate the vegetation itself and recover costs.
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