HomeMy WebLinkAboutOrdinance 672 Weed Abatement Ordinance 2025 - signedORDINANCE NO. 672
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
AMENDING TITLE 8 (HEALTH AND SAFETY) OF THE
MORRO BAY MUNICIPAL CODE TO AMEND AND RENAME CHAPTER 8.12 WEEDS,
RUBBISH AND DEFENSIBLE SPACE
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City of Morro Bay (“City”) is an incorporated city within the State of
California; and
WHEREAS, the City Council finds that the prevention of fires is a matter of both local and
statewide concern; and
WHEREAS, the City Council finds that vegetation fires are extremely costly to property
owners, residents, and local and state agencies; and pose a serious threat to the preservation of
the public peace, health, and safety; and
WHEREAS, nuisance weed, brush, and debris pose a danger to life and property by
increasing the risk and severity of fires; and
WHEREAS, each year, serious injuries and property damage occur from fires supported
by unmanaged weeds, brush, and debris; and
WHEREAS, based on the continued occurrence of vegetation fires affecting communities
throughout the state, the City desires to amend its Municipal Code to increase defensible space
requirements in order to proactively reduce fire hazards within the City.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals set forth above are true and correct and are hereby
adopted as findings in support of this Ordinance as if fully set forth herein.
SECTION 2. Severability. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held invalid by a court of competent jurisdiction, such a decision shall
not affect the validity of the remaining portions of this Ordinance. The City Council declares that
it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase
thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or
phrases, be declared invalid.
SECTION 3. Potential Conflicts. All ordinances and parts of ordinances in conflict with
those sections amended or added herein are hereby expressly superseded by this ordinance.
SECTION 4. Effective Date. This Ordinance shall not become effective and in full force
and effect until 12:01 a.m. on the thirty-first day after its final passage. However, within fifteen (15)
days after adoption by the City Council, the Ordinance shall be published once, together with the
names of the Council Members voting thereon, in a newspaper of general circulation within the
City.
SECTION 5. Chapter 8.12 of Title 8 of the Morro Bay Municipal Code is renamed from
Weeds and Rubbish to Weeds, Rubbish and Defensible Space.
SECTION 6. Chapter 8.12.010 of Title 8 of the Morro Bay Municipal Code is amended
to read in its entirety as follows:
• 8.12.010 - Definitions.
As used in this chapter:
“Defensible space” means the buffer that landowners are required to create on their property
between a "Building or Structure" and the plants, brush and trees or other items surrounding the
"Building or Structure" that could ignite in the event of a fire.
“Building or Structure” means anything constructed that is designed or intended for support,
enclosure, shelter, or protection of persons, animals, or property, having a permanent roof that is
supported by walls or posts that connect to, or rest on the ground.
"Enforcement official" means any employee or department head of the city charged with the duty
of enforcing ordinances of the city, the county or laws of the state.
"Nuisance weeds, brush and debris" means weeds which when mature, bear the wingy or downy
seeds which will attain such a large growth as to become a fire menace when dry, or which are
otherwise noxious or dangerous. This includes, but is not limited to:
A. Weeds growing upon street, sidewalks or private property;
B. Sage brush, chaparral and other bush or weed which attain such large growth as to become a
fire hazard or menace to adjacent property;
C. Poison oak and poison ivy when conditions of growth are such as to constitute a menace to
the public health;
D. Dry grass, stubble, brush, litter or other flammable material which endangers the public safety
by creating a fire hazard or public nuisance;
E. Any living or dead vegetation where size, concentration, chemical applications, poisons,
infestation and combustibility is, or may become, a cause for a fire hazard or public nuisance.
"Occupier" means the person occupying or otherwise in real or apparent charge and control of
the premises affected.
"Owner" means the owner of record of the premises affected.
SECTION 7. Chapter 8.12.020 of Title 8 of the Morro Bay Municipal Code is amended
to read in its entirety as follows:
• 8.12.020 - Authority to declare nuisance and abate.
The city council may declare by resolution as a public nuisance and abate:
A. Weeds growing in any location within the city, whether on public or private land, including all
fire hazard severity zone designations.
B. All rubbish, refuse and dirt upon parkways or sidewalks, and all rubbish and refuse upon private
property in the city.
C. Defensible space requirements can be found in Public Resource Code (PRC) § 4291, 14
California Code of Regulations (CCR) § 1299.03, and Board of Forestry (BOF) General
Guidelines.
SECTION 8. Chapter 8.12.080 of Title 8 of the Morro Bay Municipal Code is amended
to read in its entirety as follows:
• 8.12.080 - Method of removal or abatement.
A. Removal or abatement shall include cutting or spraying with chemicals or solutions to destroy
or retard the growth of weeds or other vegetation and the removal and hauling of such destroyed
vegetation and other flammable material to a legal disposal site. Not allowed are removal methods
which incorporate burning, discing, tilling or any form of excavation.
B. The height of a cut shall not exceed that of the highest adjusted level of a standard rotary
lawnmower. The property owner shall provide a twenty-foot abatement zone along such property
line where brush and bush growth pose a fire hazard to adjoining property. No piles or clumps
shall remain, and any cut material deposited to within ten feet of adjoining properties or the street
right-of-way as a result of cutting, removal, weather or negligence shall be removed at the owner's
expense. The completed abatement shall be to all property lines and to the edge of street paving.
All sidewalk, gutter and street areas shall be left clean.
B. The following guidelines are a minimum requirement and shall apply to all parcels within the
city limits regardless of Fire hazard Severity Zone designation. Updates to Public Resource Code
(PRC) § 4291, 14 California Code of Regulations (CCR) § 1299.03, and Board of Forestry (BOF)
General Guidelines will be the controlling standards for weed abatement. Updated requirements
shall be published in the annual “Notice to Clear Weeds and Debris” flyer.
Zone 1-Within 30 feet of all structures or to the property line:
• Remove all branches within 10 feet of any chimney or stovepipe outlet, PRC § 4291(a)(2)
and 14 CCR § 1299.03(a)(2).
• Remove leaves, pine needles, or other vegetation on roofs, gutters, decks, porches,
stairways, etc. PRC § 4291 (a)(4) and 14 CCR § 1299.03(a)(1).
• Remove dead tree or shrub branches that overhang roofs, below or adjacent to windows,
or which are adjacent to wall surfaces, PRC § 4291 (a)(3) and 14 CCR § 1299.03(a)(2).
• Remove all dead and dying grass, plants, shrubs, trees, branches, leaves, weeds, and
pine needles, 14 CCR § 1299.03(a)(1).
• Remove or separate fuels to maintain spacing between vegetation to interrupt the fire’s
path. Prune limbs; separate plants and ground cover, PRC § 4291(a)(1) and BOF General
Guidelines item 1.
• Remove flammable vegetation and items that could catch fire which are adjacent to, or
under, combustible decks, balconies, and stairs, 14 CCR § 1299.03(a)(4).
• Relocate exposed wood piles outside of Zone 1 unless completely covered in a fire-
resistant material, 14 CCR § 1299 .03(a)(3). C.
Zone 2-Within 30–100 feet of all structures or to the property line:
• Cut annual grasses and forbs down to a maximum height of 4 inches, 14 CCR §
1299.03(b)(2)(B).
• Remove fuels to create proper horizontal and vertical spacing among shrubs and trees,
and remove lower tree limbs, BOF General Guidelines item 4.
• All exposed woodpiles must have a minimum of 10 feet clearance, down to bare mineral
soil, in all directions, 14 CCR § 1299.03(b)(2)(C).
• Remove all dead and dying trees, branches, shrubs, or other plants, and surface debris.
Loose surface litter, normally consisting of fallen leaves or needles, twigs, bark, and cones,
shall be permitted to a depth of 3 inches, 14 CCR § 1299.03(b)(2)(A).
• Logs or stumps embedded in the soil must be removed or isolated from other vegetation,
BOF General Guidelines item 3.
• Outbuildings and Liquid Propane Gas (LPG) storage tanks shall have 10 feet of
clearance to bare mineral soil and no flammable vegetation for an additional 10 feet
around their exterior, 14 CCR § 1299.03(c)(1)
The fire chief shall determine the appropriate manner in which said public nuisances must
be abated.
Large parcels or open space
• Large parcels or open space lots shall clear a minimum of 100’ from the property line in
addition to the above requirements around any structures.
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C. The fire chief shall determine the appropriate manner in which said public nuisances must be
abated.
INTRODUCED at a regular meeting of the City Council of Morro Bay, held on the 9th day
of September 2025 by motion of Councilmember Edwards and seconded by Councilmember
Luffee.
PASSED AND ADOPTED on the 23rd day of September 2025, by the following vote:
AYES: Wixom, Eckles, Edwards, Landrum, Luffee
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
____________________________
CARLA WIXOM, Mayor
ATTEST:
______________________________
DANA SWANSON, City Clerk
APPROVED AS TO FORM:
_____________________________________
BRIAN STACK, City Attorney
Brian Stack (Sep 24, 2025 13:21:35 PDT)
Brian Stack
Carla Wixom (Sep 24, 2025 15:21:22 PDT)
Carla Wixom
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
CITY OF MORRO BAY )
I, Dana Swanson, CITY CLERK FOR THE CITY OF MORRO BAY, HEREBY CERTIFY
the foregoing Ordinance Number 672 was duly adopted by the City Council of the City Council of
the City Morro Bay at a regular meeting of said Council on the 23rd day of September 2025 and
that it was so adopted on by the following vote:
AYES: Wixom, Eckles, Edwards, Landrum, Luffee
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the
City of Morro Bay, California, this ______ day of _______________, 2025.
DANA SWANSON, City Clerk
24th September
Ord 672 Weed Abatement Ordinance Draft
2025a1
Final Audit Report 2025-09-24
Created:2025-09-24
By:Heather Goodwin (hgoodwin@morrobayca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAe12dQVF0scxkjpjnrwLKv80MKQFJ3LJc
"Ord 672 Weed Abatement Ordinance Draft 2025a1" History
Document created by Heather Goodwin (hgoodwin@morrobayca.gov)
2025-09-24 - 6:30:10 PM GMT
Document emailed to bstack@morrobayca.gov for signature
2025-09-24 - 6:32:58 PM GMT
Email viewed by bstack@morrobayca.gov
2025-09-24 - 6:33:10 PM GMT
Signer bstack@morrobayca.gov entered name at signing as Brian Stack
2025-09-24 - 8:21:33 PM GMT
Document e-signed by Brian Stack (bstack@morrobayca.gov)
Signature Date: 2025-09-24 - 8:21:35 PM GMT - Time Source: server
Document emailed to cwixom@morrobayca.gov for signature
2025-09-24 - 8:21:37 PM GMT
Email viewed by cwixom@morrobayca.gov
2025-09-24 - 10:20:47 PM GMT
Signer cwixom@morrobayca.gov entered name at signing as Carla Wixom
2025-09-24 - 10:21:20 PM GMT
Document e-signed by Carla Wixom (cwixom@morrobayca.gov)
Signature Date: 2025-09-24 - 10:21:22 PM GMT - Time Source: server
Document emailed to Dana Swanson (dswanson@morrobayca.gov) for signature
2025-09-24 - 10:21:23 PM GMT
Email viewed by Dana Swanson (dswanson@morrobayca.gov)
2025-09-24 - 10:38:28 PM GMT
Document e-signed by Dana Swanson (dswanson@morrobayca.gov)
Signature Date: 2025-09-24 - 10:39:40 PM GMT - Time Source: server
Agreement completed.
2025-09-24 - 10:39:40 PM GMT