Brush Fire Danger Cited in Reinstating Clearance Fee

Citing the danger of devastating brush fires, the Los Angeles City Council on Friday reinstated the Fire Department’s controversial new $13 fee for brush-clearance inspections.

“To make sure we don’t have these major fires that could be catastrophic to a community, we have to inspect the brush,” Councilman Mike Hernandez said.

The council directed the Los Angeles Fire Department to reexamine, during the next three months, whether some of the 180,000 homes in fire-hazard zones should be excluded from the program. Some San Fernando Valley homeowners contended they received the inspection notice despite living in heavily built-up areas where brush fire danger is minimal.

Fire Chief William Bamattre agreed that property owners who have already paid fees would be reimbursed if their land is later removed from the fire-hazard zones or they inspect their own property. He said he hopes notices will be mailed by June 1.

The council also backed down on another controversial element in the original inspection fee program, canceling what had been hefty late payment penalties. Property owners face a $204 reinspection fee if two inspections are required.

Bamattre set June 30 as the tentative due date for fees to be paid.

Bamattre also agreed to charge the fee to condominium associations rather than to individual owners.

Finally, the council directed Bamattre to send a new notice to property owners that more clearly explains that owners can avoid the fee if they complete a self-inspection form that certifies brush has been cleared within 200 feet from structures. The council canceled an earlier requirement that the self-inspection statements be notarized.

“We are very much offering an alternative to all impacted properties so that they don’t have to pay the fee,” Councilwoman Laura Chick said.

The fee was suspended two months ago after it touched off a storm of protest. Property owners said it was unclear what was required of them and complained that the city was being heavy-handed in threatening penalties.

Residents of flatland areas with manicured yards said there was no justification for requiring them to pay a fee for a brush inspection.

Chick said the program has an “unfortunate history where mistakes were made.” The draft of the new notice includes an apology for the previous confusion.

But city officials said the program is justified.

“I feel very strongly that what is before us is the right thing to do,” Chick said. “This is not a tax. It is very clearly a fee for a specific service offered to specific geographical areas that are in greater danger of brush fires than any other area of the city.”

Deputy Fire Chief Jimmy Hill told the council that the city has a history of devastating wildfires, noting that many homes were lost in the 1961 Bel-Air fire and the 1971 Chatsworth fire.

Last year, the Fire Department lacked the funds to ensure that brush was cleared before the summer fire season, so the council approved the inspection fee to raise more money.

About 90,000 of the properties are in the Mountain Fire District that includes parts of the Santa Monica, Santa Susana and Verdugo mountains surrounding the San Fernando Valley.

But the inspection program also targets another 90,000 properties in adjacent “buffer zones,” some of them in flatlands, where the department believes fires could easily spread from the mountains if hot embers are carried by wind to lowland roofs.

“This allows a margin of safety for the community and those surrounding homes in those areas that appear to be flat but that are still at risk,” Hill told the council.

Councilman Hal Bernson of Granada Hills initially sought to delay reinstatement of the fee, but voted for the program after Bamattre agreed to review specific neighborhoods that council members might recommend for exclusion.

The council authorized Bamattre to send the notices out and enforce the program for all 180,000 property owners, with reimbursements possible later if properties are excluded.

Councilman Mike Feuer said any delays could be devastating, because the city is nearing fire season.

“If we fail to act today, we could easily be known as the governing body that allowed a major fire to spread much farther than it otherwise would have if we had taken prudent steps,” Feuer said.

Gordon Murley, president of the Woodland Hills Homeowners Organization, called the fee an illegal tax for services already paid for with property taxes.

“This has been inspected ever since we could remember with no charge,” Murley told the council.

“What’s going to be next?” he asked after the meeting. “A fee for street repairs? A fee for tree trimming?”

Candido Marez, who lives north of the 118 Freeway, told the council that he is grateful for the inspection program.

“This $13 to me is insurance that next year my home will be around,” Marez said.