Article 1. General Provisions of California Government Code >> Division 1. >> Title 5. >> Part 1. >> Chapter 2.5. >> Article 1.

This chapter may be known and cited as the Open Space Maintenance Act.

The procedure established herein shall be additional or alternative to any other procedure established by ordinance or state law. The election to proceed under this chapter shall be expressed in the ordinance of intention to form the district.

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction and the meaning and application of words and phrases used in this chapter.

"Clerk" means the clerk of the legislative body of the local agency.

"Maintenance" means the performance of all acts and doing of the things necessary to carry out the purposes of this chapter, including the maintenance and improvement of open areas and the doing of those acts set forth in Section 50583.

"Open space" or "open area" means any space or area characterized by great natural scenic beauty or whose existing openness, natural condition, or present state of use, if retained, would enhance the present or potential value of abutting or surrounding urban development, or would maintain or enhance the conservation of natural or scenic resources.

"Open space maintenance district" or "district" means any district created pursuant to the provisions of this chapter to pay the assessments for the maintenance work to be done hereunder.

The purpose of this chapter is to provide a means whereby any local agency may form maintenance districts within which property may be assessed to pay the costs and expenses of improving and maintaining open spaces which the local agency has acquired pursuant to Sections 6950 to 6954, inclusive, and to maintain such open spaces in a way that will reduce the danger of fire which exists when open areas covered with vegetation remain in their natural state.

In addition to matters specified elsewhere in this chapter, the acts authorized under this chapter include the following:
  (a) The formation of districts pursuant to this chapter.
  (b) The planning, maintaining, improving, protecting, limiting the future use of or otherwise conserving open spaces and areas within the local agency and the reduction of the hazards of fire, erosion, and flooding in such areas by:
  (i) Clearing and removing or ordering the clearing and removal of dry grass, stubble, brush, rubbish, litter or other inflammable material which endangers the public safety by creating a fire hazard and which is not provided for by the regular controls exercised by the fire department of the legislative body, if any.
  (ii) Acquiring, constructing and maintaining works, not otherwise regularly provided by the local agency which are necessary or convenient for the prevention and extinguishing of fires;
  (iii) Destroying and removing noxious, dangerous or unsightly weeds;
  (iv) Planting and maintaining trees, shrubs, lawns and other vegetation;
  (v) Making such regulations as are necessary or desirable to limit the future use of the areas in order to maintain or enhance the conservation of their natural or scenic resources and to protect the public health and safety; and
  (vi) Constructing and maintaining such other improvements as may be necessary or convenient for the accomplishment of the purposes of this chapter.
  (c) The doing of all acts and things necessary or convenient for the accomplishment of the purposes of this chapter.