(A) Each owner and occupant of unprotected wildland on which a fire exists or from or across which a fire has spread, notwithstanding the origin or subsequent spread thereof, will immediately proceed to control and extinguish such fire when its existence comes to the knowledge of the owner or operator, without awaiting instructions from the Forester, and will continue to control and extinguish same until the fire is extinguished or until relieved of such obligation by the Forester.

(B) If the Forester determines the fire is either burning uncontrolled or the owner or occupant does not then have readily and immediately available personnel and equipment to control or extinguish the fire, the Forester, or any forest protective association or agency under contract or agreement with the County for the protection of unprotected wildland against fire, and within whose protection area the fire exists, will summarily abate the nuisance thus constituted by controlling and extinguishing the fire.

(C) An owner may request in writing that the Forester employ alternate fire prevention and suppression strategies or techniques on the owner's property. The Forester may employ some or all of the requested strategies or techniques when, in the judgment of the Forester, conditions warrant the use of the alternate strategies or techniques.

(D) The cost of work under paragraph (B) and the expense of any patrol rendered necessary by the want of adequate protection of such wildland will be recoverable from the owner by an action prosecuted in the name of the County.

(A) The purpose of a fuel break is to:

(1) Slow the rate of spread and the intensity of an advancing wildfire AND

(2) Create an area in which fire suppression operations may more safely occur.

(B) A fuel break shall be a natural or a human-made area where material capable of allowing a wildfire to spread:

(1) Doesn't exit OR

(2) Has been cleared, modified, or treated in such a way that the rate of spread and the intensity of an advancing wildfire will be significantly reduced.

(C) A primary fuel break will be comprised of one or more of the following:

(1) An area of substantially non-flammable ground cover. Examples include asphalt, bare soil, clover, concrete, green grass, ivy, mulch, rock, succulent plants, or wildflowers.

(2) An area of dry grass which is maintained to an average height of less than 4 inches.

(3) An area of cut grass, leaves, needles, twigs, and other similar flammable materials, provided such materials do not create a continuous fuel bed and otherwise complies with the intent of paragraphs (A) and (B)

(4) An area of single specimens or isolated groupings of ornamental shrubbery, native trees, or other plants, provided they are:

(a) Maintained in a green condition

(b) Maintained substantially free of dead plant material

(c) Maintained free of ladder fuel

(d) Arranged and maintained in such a way that minimizes the possibility a wildfire can spread to adjacent vegetation AND

(e) Otherwise complies with the intent of paragraphs (A) and (B)

(D) A secondary fuel break will be comprised of single specimens or isolated groupings of ornamental shrubbery, native trees, or other plants, provided they are:

(1) Maintained in a green condition

(2) Maintained substantially free of dead plant material

(3) Maintained free of ladder fuel

(4) Arranged and maintained in such a way that minimizes the possibility a wildfire can spread to adjacent vegetation AND

(5) Otherwise complies with the intent of paragraphs (A) and (B)

(A) All unprotected wildland that by reason of inadequate fire protection and the property owner's or occupant's failure to comply with the requirements of this chapter endangers life, forest resources or property and is hereby declared to be a hazard and a public nuisance.

(B) Whenever the Forester learns of a condition described in paragraph (A), the Forester will advise the owner or occupant to take proper steps to correct the nuisance condition. If the owner or occupant after having been so directed in writing by the Forester fails or refuses to correct the nuisance condition within the specified time, then the Forester may undertake such work as the Forester considers necessary to abate and correct the nuisance condition.

(C) The owner or occupant of property shall be liable for the cost of work under paragraph (B) and the expense of any patrol rendered necessary by the failure of the owner or occupant to remedy the nuisance condition. The Forester may institute appropriate proceedings to recover the cost of work described in paragraph (B).

(D) The remedies provided in this statute are in addition to and not in lieu of penalties and remedies provided elsewhere in DCC 8.21. See 8.21.075 (recovery of fire suppression costs), 8.21.080 (violation; liability for cost of suppression) and 81.21.085

(A) Except as otherwise provided in paragraph (B), owners of unprotected lands will comply with the standards set forth in this chapter

(B) Owners of the following lands may comply with the standards set forth in this chapter

(1) Developed lands classified as High, Extreme or High Density Extreme under 477.015 to 477.061, which are subject to fire protection by the Oregon Department of Forestry

(2) Vacant lands classified as High Density Extreme under 477.015 to 477.061, which are subject to fire protection by the Oregon Department of Forestry

(3) Lands within the city limits of Bend, Redmond, La Pine and Sisters

(4) Lands subject to fire protection from a rural fire protection district or from a county service district

(A) Anyone:

(1) who negligently, or in violation of the law, sets a fire, allows a fire to be set, or allows a fire kindled or attended by them to escape onto any public or private property,

(2) other than a mortgagee, who, being in actual possession of a structure, fails or refuses to correct, within the time allotted for correction, despite having the right to do so, a fire hazard prohibited by law, for which the Forester properly has issued a notice of violation respecting the hazard, OR

(3) including a mortgagee, who, having an obligation under other provisions of law to correct a fire hazard prohibited by law, for which the Forester has issued a notice of violation respecting the hazard, fails or refuses to correct the hazard within the time allotted for correction, despite having the right to do so, is liable for both of the following:

(a) The cost of investigating and making any reports with respect to the fire.

(b) The costs relating to accounting for that fire and the collection of any funds pursuant to this ordinance, including, but not limited to, the administrative costs of operating fire suppression cost recovery program. The liability imposed pursuant to this paragraph is limited to the actual amount expended which is attributable to the fire.

(B) In any civil action brought for the recovery of costs provided in this section, the court in its discretion may impose the amount of liability for costs described in paragraph (A).

(C) The burden of proof as to liability will be on the Plaintiff and will be by a preponderance of the evidence in an action alleging that the defendant is liable for costs pursuant to this section. The burden of proof as to the amount of costs recoverable will be on the Plaintiff and wll be by a preponderance of the evidence in any action brought pursuant to this ordinance.

(D) The liability constitutes a debt of that person and is collectible by the person, or by the federal, state, county, public, or private agency, incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied.

(A) For unprotected areas classified as "High" pursuant to 477.015 to 477.061 provide and maintain primary fuel breaks which comply with the requirements of 8.21.060 (fuel break requirements) immediately adjacent to structures, for a distance of at least 30 feet, or to the property line, whichever is the shorter distance. The distance will be measured along the slope and from the furthest extension of the structure, including attached carports, decks, or eaves.

(B) For unprotected areas classified as "Extreme" pursuant to 477.015 to 477.061 provide and maintain primary and immediately adjacent secondary fuel breaks which comply with the requirements of 8.21.060 (fuel break requirements) immediately adjacent to structures, for a distance of at least 50 feet, or to the property line, whichever is the shorter distance. The distance will be measured along the slope and from the furthest extension of the structure, including attached carports, decks, or eaves.

(C) For unprotected areas classified as “High Density Extreme” pursuant to 477.015 to 477.061, provide and maintain primary and adjacent secondary fuel breaks which comply with the requirements of 8.21.060 (fuel break requirements) immediately adjacent to structures, for a distance of at least 100 feet, or to the property line, whichever is the shorter distance. The distance will be measured along the slope and from the furthest extension of the structure, including attached carports, decks, or eaves.

(D) For unprotected areas classified as “High,” “Extreme,” and “High Density Extreme” pursuant to 477.015 to 477.061, provide primary and adjacent secondary fuel breaks which comply with the requirements of 8.21.060 (fuel break requirements) for the following areas:

(1) For driveways that are longer than 150 feet immediately adjacent to driveways, for a distance of at least 10 feet on each side of the centerline of the driveway, or to the property line, whichever is the shorter distance. The distance will be measured along the slope. Including the driving surface, a fuel break will result in an open area which is not less than 13 1/2 feet in height and 12 feet in width or to the property line, whichever is the shorter distance.

(2) Adjacent to structures:

(a) Remove any portion of a tree which extends to within 10 feet of the outlet of a structure chimney or a stove pipe.

(b) Maintain the portion of any tree which overhangs a structure by removing substantially dead plant material.

(c) Maintain the area under decks substantially free of firewood, stored flammable building material, leaves, needles, and other flammable material.

(d) During times of the year when wildfire may be a threat, locate firewood, flammable building material, and other similar flammable material at least 20 feet away from a structure or in a fully enclosed space.

(3) On vacant lands less than five acres in size, the landowner shall provide fuel breaks which comply with the requirements of DCC 8.21.060 and which are immediately adjacent to all:

(a) Property lines, for a distance of at least twenty (20) feet or to the nearest adjacent property line, whichever is the shorter distance. The distance shall be measured along the slope; and

(b) Roads, for a distance of at least thirty (30) feet from the center of a road, or to the nearest adjacent property line, whichever is the shorter distance. The distance shall be measured along the slope.

(A) It is a violation of this chapter to be the owner of land designated to be within an unprotected wildland who fails to meet the applicable standards established under this chapter.

(B) The owner or operator of land designated to be within an unprotected wildland is liable to the County for the costs of suppressing a fire that occurs on the owner's land if:

(1) The owner has failed to meet the applicable minimum standards established under this chapter

(2) The fire originates on the owner's land

(3) The ignition or spread of the fire is directly related to the owner's failure to meet the applicable standards established under this chapter AND

(4) The fire requires action by the County pursuant to 8.21.70

(C)• The actual cost incurred by the Forester or the County in controlling or extinguishing the fire will be paid by the owner or occupant within 90 days after the date on which the first written demand for payment of the actual cost is mailed by the Forester to the owner or occupant

• If the actual cost is not paid within such 90-day period, such amount shall bear interest at 10 percent per year from the date on which the first written demand for the payment of the actual costs was mailed by the Forester and the actual cost together with such interest may be recovered from such owner or operator by an action prosecuted in the name of Deschutes County.

(D) An itemized statement of the actual cost incurred by the Forester the County, certified to by the Forester, and will be accepted as prima facie evidence of the actual cost in any proceeding authorized by this section.

(E) The actual cost in cases covered by this ordinance will constitute a general lien upon the real and personal property of such owner or occupant.

A written notice of the lien, containing a description of the property and a statement of the actual cost, will be certified under oath by the Forester and filed in the office of the County Clerk within 12 months after the calendar year within which the fire originated, and may be foreclosed in the manner provided by law for foreclosure of liens for labor and material.

In any proceeding to foreclose a lien created under this paragraph, recovery shall include, in addition to the amount of the actual cost, interest on such amount at the rate of 10 percent per year from the date of the filing of the written notice of the lien.

(F) Upon request of the Forester, County Legal Counsel will prosecute such action or foreclose the lien in the name of Deschutes County. Liens provided for in this ordinance will cease to exist unless suit for foreclosure is instituted within 12 months from the date of filing under paragraph (E).

(G) In any action under paragraph (C) to recover actual cost and in any proceeding to foreclose any lien created by paragraph (E), the court will award, in addition to costs and disbursements, reasonable attorney fees at trial and on appeal to the prevailing party.

(H) The liability of an owner of land under paragraph (B) may not exceed $100,000.

(A) Violation of any provision of this chapter is a Class A violation. The County Forester is authorized to issue citations that charge a person with a violation of DCC 8.21.

(B) A person liable for prosecution under 1.16.015(C) for a violation of this chapter is subject to a civil penalty not to exceed $720.00 per day the violation exists. Proceedings to assess a civil penalty for a violation of the fire code may be instituted by the County Forester.