Atascadero Municipal Code Title 6 Health & Sanitation

Any person owning property in the City shall:

(a) Maintain around structures, a firebreak made by removing and clearing away, for a distance of not less than thirty (30) feet on each side thereof or to the property line, whichever is nearer, all flammable vegetation or combustible growth. This subsection does not apply to single specimens of trees, ornamental shrubbery, or similar plants that are used as groundcover, if they do not form a means of rapidly transmitting fire from the native growth to any building or structure.

(b) Mow dry noxious weeds which are located within one hundred (100) feet of any building or structure, or to the property line, whichever is nearer.

(c) Mow dry noxious weeds fifty (50) feet from the edge of improved roadways, fifty (50) feet from each property line, and ten (10) feet on each side of driveways.

(d) Remove that portion of any tree that extends within ten (10) feet of the outlet of any chimney or stovepipe.

(e) Maintain any tree adjacent to or overhanging any building free of dead wood.

(f) Provide and maintain, at all times, a screen over the outlet of every chimney or stovepipe that is attached to any fireplace, stove, or other device that burns any solid or liquid fuel. The screen shall be constructed of nonflammable material with openings of not more than one-half inch in size.

6-13.05 EXEMPTIONS:

(a) An exemption from Section 6-13.04 of this chapter shall apply to any land beyond fifty (50) feet from improved streets, as declared by the City, State, or Federal Government, which has been acquired or is managed, for one or more of the following purposes:

(1) Habitat for endangered or threatened species, or any species that is a candidate for listing as an endangered or threatened species by the State of California or Federal Government.

(2) Land kept in a predominantly natural state as habitat for wildlife, plant, or animal communities.

(3) Open space lands that are environmentally sensitive park-lands.

(4) Other lands having scenic values.

(b) Abatement requirements shall remain in effect in waterways where flood preparation measures and emergency flood control mitigation is necessary.

(1) This exemption applies whether the land or water are held in fee title or any lesser interest. This exemption applies to any public agency, and private entity that has dedicated the land or water areas to one or more of those purposes or uses, or any combination of public agencies and private entities making that decision.

(2) This section shall not be construed to prohibit the use of properly authorized prescribed burning to improve the biological function of land or to assist in the restoration of desired vegetation.

(3) In the event that any lands adjacent to land or water areas, as described above, are improved such that they are subject to this chapter, the obligation to comply with Section 6-13.04 shall be with the person owning, leasing, controlling, operating, or maintaining the occupied dwelling or occupied structure on the improved lands. All maintenance, activities, and other fire prevention measures required by Section 6-13.04 shall be required only for the improved land, and water areas as described above.

Exhibit A
Exhibit B