§ 9-21. Wildfire hazard mitigation.

(a)

Definitions. As used in this section, the following terms shall have the following meanings unless a different meaning is clearly indicated:

Brush shall mean plant species that by virtue of their arrangement, chemical composition, and growth pattern provide a ready path for uncontrolled fire to spread. Species included in this definition include saw palmetto, gallberry, fetterbrush and wax myrtle. Pine trees less than five (5) inches in diameter at breast height are included in this definition.

Fire hazard shall mean brush or other vegetation, which by reason of its nature, location or condition may cause loss, damage or injury to persons or property by reason of fire. Brush on undeveloped lots averaging over three (3) feet tall within ten (10) feet of an existing residential structure shall be considered a fire hazard.

Lot, tract or parcel includes the adjacent unpaved portions of the street rights-of-way and the property owner's adjacent properties.

Remedies or corrective measures shall include, but not be limited to, the city removing the brush located on the property and adjacent street right-of-way or removing the unlawful fire hazard on the property and adjacent street right-of-way.

Street shall mean any public street, road, highway, freeway, lane, path, public way or place, sidewalk, alley, court, boulevard, parkway, drive or easement now or hereafter held by the city for the purpose of public travel.

Undeveloped vacant lot shall mean any lot or parcel that does not contain a structure or any other improvement other than a sea wall or ramp. This term shall also include multiple adjacent properties where such parcels are owned by one (1) person or entity and any of said parcels is located within one hundred (100) feet of a developed lot.

(b)

Designation of hazardous properties. The city manager or designee shall identify undeveloped lots determined to constitute a fire hazard. The city manager or designee shall develop a plan for hazard mitigation for the identified area which plan shall include public education. The plan may include selective mowing of brush determined to constitute a fire hazard. The city shall notify owners of property upon which a fire hazard is determined to exist and shall inform the property owners of the action required to be taken to mitigate the fire hazard.

(c)

Unlawful fire hazards. Allowing brush to accumulate upon any undeveloped lot, tract or parcel of land shall be unlawful where it is held by the city manager or designee that such brush constitutes a fire hazard. Such accumulation of brush is hereby prohibited and declared to be a public nuisance. It shall be the property owner's responsibility to remedy any such fire hazard.

(d)

Notice and remedy of fire hazards.

(1)

If property is determined to be a fire hazard pursuant to this section, the city shall provide notice of the violation to the property owner by certified mail or hand delivery at their last known address as shown upon the records of the Flagler County Property Appraiser. If the attempt to serve notice by certified mail or hand delivery is unsuccessful, notice shall be served by physically posting the notice on the property in the name of the property owner, as shown upon the records of the Flagler County Property Appraiser.

(2)

The notice provided pursuant to this subsection shall advise the property owner of the conditions giving rise to the violation and shall detail the specific remedies necessary to cure the violation. The notice shall give the property owner at least ten (10) calendar days from the date of the notice to cure the violations. The notice shall advise the property owner that if the violation is not cured within the time provided therein, the city may cure the violation on its own initiative in which case the property owner shall be obligated to pay the city its costs in remedying the condition, which costs may be imposed as a lien against the subject property. The notice shall provide that the property owner may request a hearing before the code enforcement board or special magistrate within thirty (30) calendar days of the mailing of the notice by the city to appeal the finding that a violation of this section exists on the subject property. The city commission may establish by resolution an appeal fee to be paid by anyone requesting an appeal pursuant to this subsection.

(3)

In the event a property owner appeals the determination that a fire hazard exists on his or her property, the code enforcement board or special magistrate shall conduct an evidentiary hearing and either uphold or overturn the determination that a fire hazard exists on the subject property. In the event the code enforcement board or special magistrate overturns the determination that a fire hazard exists, no further action will be required to be taken by the property owner and any appeal fees charged by the city shall be refunded. In the event the code enforcement board or special magistrate upholds the determination that a fire hazard exists the property owner shall be allowed ten (10) days from the date of the rendition of the code enforcement board or special magistrate's order upholding the determination within which to remedy the fire hazard.

(4)

If the property owner fails to cure a fire hazard after proper notice and opportunity to cure, the city is hereby authorized to mitigate the public nuisance and remove the fire hazard. In the event the city cures the condition giving rise to the fire hazard, the fire chief or designee shall, after the cure has been effected, provide an invoice to the property owner for the total amount of costs incurred in remedying the violation, including any administrative costs. If the invoice of costs incurred by the city is not paid within thirty (30) days, the fire chief or designee shall present to the city commission the total amount of costs incurred, including administrative costs, and the city commission may authorize the city manager or designee to record a lien in the public records of Flagler County for said amount which lien shall run with the land until paid in full.

(5)

The provisions of this section are supplemental to and not intended to be exclusive of any other remedies available to the city under law. Nothing in this article shall prevent the city from taking all necessary actions to fight fires when there is imminent fire danger, including, but not limited to, clearing brush from private property.

(Ord. No. 2011-07, § 2, 7-14-11; Ord. No. 2014-01, § 1, 2-13-14)