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HomeMy WebLinkAboutOrd. No. 1993-970ORDINANCE NO. 970 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA PERMITTING CLEARING OF BRUSH FOR FIRE PROTECTION PURPOSES. WHEREAS, the City Council of the City of Lake Elsinore (the "City Council") has determined that it is in the best interests of the citizens of the City of Lake Elsinore (the "City") to permit property owners to clear weeds, brush, and other vegetation on their .property for fire protection purposes; and WHEREAS, California Gove~°nment Code Section 25123 provides that an ordinance which is necessary for the immediate preservation of the public peace, health or safety shall take effect immediately; and WHEREAS, The City is subject, particularly during the summer and fall months, to relatively low humidity levels and high temperatures, as documented by the National Climatic Data Center; and WHEREAS, dry weather and dry vegetation have contributed to the loss or damage of life and property in communities with similar climatic conditions; and WHEREAS, Southern California is exposed to drought and Santa Ana winds which create dangerous conditions in the region and create a high potential for fire damage; and WHEREAS, these conditions have recently contributed to the loss and damage occurring in numerous fire in Southern California in 1993, including the Winchester/Lake Skinner fire in which more than 25,000 acres were burned,. 30 homes and 70 other structures were destroyed, and the Old Topanga/Malibu fire in which more than 18,000 acres were burned, 323 homes were destroyed, and 3 lives were lost, in addition to other fires in the Beaumont/Cherry Valley and Riverside areas and many other communities in Southern California; and PAGE TWO - ORDINANCE NO. 970 WHEREAS, weeds, brush, and other vegetation surrounding homes and other structures are contributing causes to the damage and loss of life which occur as a result of these fires; and WHEREAS, the City Council finds that it is necessary for the immediate preservation of the public peace, health and safety to permit property owners to clear such conditions on their own property. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lake Elsinore as follows: Section 1: Notwithstanding any ordinance, resolution or policy of the City to the contrary, any person or entity that is an owner of property in the City may take any measures necessary and appropriate to clear weeds, brush, or other vegetation for fire protection purposes on the owner's property. Such measures may include, but shall not be limited to, disking, scraping, grubbing, mowing, or other methods of clearing to bare ground, but no measure or method which is determined by the City to be dangerous or hazardous to human health or safety shall be permitted to cause clearing. Section 2: Clearing as defined in Section 1 shall be permitted within a distance of up to 100 feet of any structure as defined in the Uniform Building Code (1991 ed.), regardless of whether such structure is located on one's own property or on adjacent property. Section 3: This ordinance shall supersede any other ordinance, resolution or regulation of the City to the contrary, and shall remain in effect for one year from its effective date. Section 4: The Mayor shall sign this ordinance and the City Clerk shall attest to it and shall within 15 days cause it or a summary of it to be published pursuant to Government Code Section 36933. This ordinance shall take effect immediately PAGE THREE - NO. 970 because it is an ordinance for the immediate preservation of public peace, health, and safety. This ordinance begins with recitals declaring the facts constituting the urgency, and is passed by at least a four-fifths vote of the City Council PASSED, APPROVED AND ADOPTED this 23rd day of November, 1993, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~ `V ARY CITY A TEST: KC I KAS D CITY CLERK , CITY OF LAKE ELSINORE AfPPR~OVED S T FORM: ~V JOHN R. HARPER, TY ATTORNEY CITY OF LAKE ELSINORE ~) ~ ~~ !J~1~~------ WASHBURN, MAYOR LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Urgency Ordinance was read for adoption and passed on November 23, 1993, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE \~ ABSTAIN: COUNCILMEMBERS: .NONE l~ VICKI KA , ITY CLERK CITY OF LAK?s ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 970 of said Council, and that the same has not been amended or repealed. DATED: November 24, 1993 K~.~AD, CITY CLERK CITY OF-LAKE ELSINORE (SEAL).