Sec. 10-35. - Dangerous accumulations unlawful.

It shall be unlawful for any owner or person in possession or control of any real property in the unincorporated area of the county to deposit, keep, accumulate or maintain upon such real property any flammable waste material in such a manner as to constitute a fire hazard to property in proximity thereto.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-36. - Scope of term "real property."

The term "real property", as used herein, shall also include lands, lots, adjacent sidewalks, parking strips between sidewalks and curb lines, and alleyways from fence line to center of the right-of-way.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-37. - Scope of term "flammable waste material."

"Flammable waste material" as used in this chapter includes dry grass, weeds, stubble, brush, rank growths, wood, leaves, wastepaper, boxes, shavings, rubbish, litter and other combustible substances but excluding vegetation on grain, grazing or forest land.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-38. - Notice to clean premises.

Whenever the county fire chief shall find upon any real property in the unincorporated area of the county any flammable waste material dangerous or injurious to property, structures or improvements or the health or welfare of residents of the vicinity, he shall give, or cause to be given, notice to remove such flammable waste material in the manner provided in this article.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-39. - Manner of notice.

(a)

Notice to clean premises may be given by mailing. Notice by mailing shall be given by depositing the notice in the United States mail, first class and postage prepaid, addressed to the property owner as such property owner's name and address appear on the last equalized assessment roll or as they are known by the county fire chief. In addition to notice by mailing, notice to clean premises may also be given by posting. The notice by posting shall be conspicuously posted:

(1)

In front of the property on which or in front of which the flammable waste materials exist; or

(2)

If the property has no frontage upon any street, highway or road, then upon the portion of the property nearest to a street, highway or road; or

(3)

In a manner most likely to give actual notice to the owner.

The posted notices shall be posted not more than 100 feet apart; at least one notice shall be posted for each lot or parcel.

(b)

The notice form shall be headed "NOTICE TO CLEAN PREMISES" in legible characters and shall direct the removal of the flammable waste material, generally describing the same, and refer to this article for further particulars.

(Ord. No. 417, § 2, 6-29-82; Ord. No. 472, § 1, 11-22-88)

Sec. 10-40. - Appeal.

Within 15 days from the date of mailing such notice, the property owner, or any person interested in the property affected by such notice, may appeal to the board of supervisors. Such appeal shall be in writing and shall be filed with the clerk of the board of supervisors. At the next regular meeting of the board of supervisors after the appeal, the board shall proceed to hear and pass upon such appeal, and the decision thereon shall be final and conclusive.

(Ord. No. 417, § 2, 6-29-82; Ord. No. 472, § 2, 11-22-88)

Sec. 10-41. - Noncompliance with notice unlawful.

The failure of any owner or person in possession or control of such property to remove the flammable waste material from the property within the time specified in the notice served as provided for in this chapter, shall constitute a violation of this chapter, and each day that such violation is permitted to exist shall constitute a separate offense.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-42. - Cleaning by county.

If, within 15 days from the date of mailing such notice as provided for in sections 10-38 and 10-39 of this article, no appeal has been filed and the flammable waste material has not been removed from the property as directed by the notice, the county fire chief may remove or cause to be removed such flammable waste material. If an appeal is timely filed as provided for in section 10-40 of this article, and not sustained, the flammable waste material shall be removed as directed by the board of supervisors.

(Ord. No. 417, § 2, 6-29-82; Ord. No. 472, § 3, 11-22-88)

Sec. 10-43. - Records of cleaning; collection of costs.

(a)

The county fire chief shall keep, or cause to be kept, in his office a permanent record book showing the description of each property from which flammable waste material is removed pursuant to the provisions of this article, the name of the owner thereof, the date of posting and mailing of the notice, the date of determination of the board of supervisors of any appeal, and the amount of expense incurred in the removal of such flammable waste materials for each property.

(b)

Bills for such expenses shall be presented by the county fire chief to the owners of the property involved, and the county fire chief shall make every reasonable effort to collect the amount of money due on such bills, other than by legal proceedings. The county fire chief shall make appropriate entries with respect to all collections or noncollections in the permanent records kept by him.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-44. - Assessment of costs.

(a)

On or before August 30th of each year, the county fire chief shall deliver to the county auditor an abstract of entries in the record book kept for the preceding year, showing all property against which unpaid bills are outstanding, and the amount remaining unpaid for each property.

(b)

The county auditor shall thereupon note the amount of each charge on the assessment rolls against the respective property charged, and thereafter the amount of each charge shall be a lien upon the respective property charged therewith of the same character and effect and shall be collected in the same manner and at the same time as the taxes upon such property.

(Ord. No. 417, § 2, 6-29-82)

Sec. 10-45. - Legal liability unaffected.

Nothing in this article is intended to revoke, repeal or rescind any of the provisions of this chapter pertaining to the criminal liability of any owner or person in possession or control of property who fails to remove flammable waste materials from the property within the time specified in this chapter.

(Ord. No. 417, § 2, 6-29-82)

Secs. 10-46—10-49. - Reserved.