Title
Planning and Building Department, Code Enforcement Division, recommending the Board direct staff to initiate enforcement actions to remove hazardous trees in the Grizzly Flats community that pose a risk to County right-of-way.
FUNDING: N/A
Body
BACKGROUND
August 2026 will mark five (5) years since the Caldor Fire swept through Grizzly Flats, leaving behind widespread tree mortality and long-term ecological damage. In the immediate aftermath of the fire, the State of California implemented a free Hazardous Debris Removal Program that included the removal of hazardous trees. Debris removal, including hazardous trees, occurred through two primary pathways: the State-run Right of Entry (ROE) Program and an Alternative Private Program for property owners who preferred to manage debris removal independently. Arborist assessments conducted during that period focused on identifying trees that posed an immediate danger or were at risk of mortality within a five-year window. Many trees that appeared stable at the time have since deteriorated due to soil loss, erosion, and ongoing ecological stress.
The ROE for the Caldor Fire Hazardous Debris Removal program was valid for 36 months from the date of the Owner’s signature or from the date the program was completed, as determined by the State and/or County, whichever was sooner. All ROEs for the Caldor Fire Hazardous Debris Removal program have since expired.
Through the Caldor Fire Hazardous Debris Removal program, 770 ROEs were obtained. Of these, 595 were full debris removal, and 175 were for trees only. Abatement on five properties was pursued. The County obtained court orders and posted abatement notices on properties; however, the State ultimately completed the cleanup. Despite the State's efforts to remove hazardous debris under its strict standards, numerous trees have died since the clean-up was completed.
In 2022, the El Dorado Resource Conservation District (RCD) secured $500,000 in grant funding to continue hazardous tree removal at no cost to homeowners. Participation in the program requires a signed ROE. Despite extensive outreach by the RCD, including mailings, door-to-door efforts by the nonprofit Rubicon, and in-person engagement at the Grizzly Flats Post Office, participation has remained low (Attachment A). The exact reasons for low participation are unclear, but available evidence suggests that many property owners relocated after the fire and do not intend to rebuild. A prior Zillow review of Grizzly Flats identified 55 vacant lots listed for sale, with prices ranging from about $12,000 to more than $100,000 depending on lot size. In addition, many other lots remain vacant because owners have not rebuilt or listed their properties for sale.
In addition, since the Caldor Fire Hazardous Debris Removal program and the evaluation of hazardous trees, additional trees have declined and are now considered hazardous. This may be due to the ongoing ecological and climatic effects of the extreme change from a heavily forested landscape to one with little vegetation.
Current ownership information has been used for outreach efforts; however, available contact information is generally limited to physical and mailing addresses. Phone and email addresses are less prevalent and less reliable. Despite the variety of outreach efforts over the past four years, participation has remained low, and as a result, many parcels with hazardous trees have not been treated.
CURRENT CONDITIONS
According to the RCD, there are 891 parcels within the Grizzly Flats Community Center area identified as affected by Caldor Fire tree mortality. RCD has recently completed roadside assessments and categorized parcels into three groups:
• Completed RCD program/No Hazard Trees Present: 207
• Hazard Trees Present but no strike potential to the road: approximately 341
• Hazard Tree Present with strike potential to the road: approximately 343
The exact number of hazardous trees that may threaten County right-of-way remains unknown because RCD cannot access parcels without the owner’s authorization.
After all efforts to encourage property owners to participate in the RCD’s free program have been exhausted, the County will be required to enter into a contract to abate the hazardous trees. The cost of tree removal is typically based on the tree’s diameter at breast height (DBH). As an example, the following rates reflect what the RCD’s contractor is currently charging.
• Hazard Tree Removal >18” dbh: $195.00/tree
• Hazard Tree Removal >14” dbh, <18” dbh: $145.00/tree
• Hazard Tree Removal and mastication >14”dbh: $1150.00/ac
Grant funding for the Grizzly Flats Community Center remains available through September 30, 2026; all remaining grant funding shall be reallocated to other areas of the County on October 1, 2026. RCD began tree removal work on March 19, 2022, and intends to complete work within the Community Center before shifting to parcels outside the area ahead of winter weather.
Despite the multiple outreach efforts outlined above, voluntary participation has not been sufficient to address the scale of the hazardous tree problem. Many parcels remain untreated, and the continued presence of dead or dying trees poses an increasing risk to community safety and public infrastructure.
DISCUSSION
Given the ongoing risk and the limited success of voluntary participation, staff believes it is necessary to initiate enforcement actions. The proposed approach begins with a warning letter issued by Code Enforcement (Attachment B). This letter would notify property owners that the County intends to pursue abatement if hazardous trees are not addressed and would strongly encourage participation in the RCD program, which remains available at no cost to the homeowner. Staff will use all available resources to obtain accurate contact information for property owners to maximize the success of noticing efforts.
Following issuance of the initial letter, staff propose establishing a defined period during which property owners should respond with the goal of signing a Right of Entry (ROE) authorizing access to the property to remove the hazardous trees. If no response is received, the County may proceed with abatement. This process would include obtaining an abatement warrant, contracting for removal of hazardous trees that threaten County right-of-way, and recording a lien on the property for all associated costs, including administrative expenses.
It is important to note that the cost of abatement could be a significant percentage of the parcel's value. Tree removal for properties that are subject to abatement would be limited only to hazardous trees in danger of falling into the public ROW. Hazardous trees that do not have the potential to fall into the public ROW would not be removed, thus reducing the potential costs. To reduce contractor mobilization costs, the County would coordinate tree removal across multiple parcels at once. Removed trees cannot be stacked and left on site, so appropriate disposal methods would be incorporated into the abatement plan.
The goal is to complete abatement activities before winter weather limits access and increases safety risks. The grant funds RCD obtained for its tree removal program cannot be used for enforcement, per the grant requirements. Therefore, the County will need to identify alternative funding sources for abatement costs. Staff will continue to pursue additional grant opportunities, though the likelihood of securing such funding is low.
Proposed Enforcement Process
• Upon Board Direction - Letter to property owners (Attachment B) that have trees identified as hazardous and with potential risk to County ROW. Request response/participation in RCD program by September 30, 2026.
• Ongoing - RCD will continue outreach efforts.
• October 1, 2026 - Begin mailing Notice and Order from Code Enforcement to property owners who have not signed up for hazardous tree removal through RCD or removed the hazardous trees through their own resources. Timeframe for response is flexible, must be a minimum of 20 days to allow for a Request for Hearing pursuant to 9.02.380(A). The Notice and Order is an optional, though typical step in the code enforcement process. County Code does not require a Notice and Order and allows going straight to a Notice to Abate.
• October 21, 2026 - Begin mailing a Notice to Abate to property owners who have not signed up for hazardous tree removal through RCD or removed the hazardous trees through their own resources and did not respond to the Notice and Order. Timeframe for response is flexible, but 10 days is reasonable.
• November 2, 2026 through November 9, 2026 - Code Enforcement staff will review and finalize list of all non-responsive property owners who have not signed up for hazardous tree removal through RCD or removed the hazardous trees through their own resources and prepare abatement notices.
• Beginning November 9, 2026 - County must seek court approval to abate a property. Once court approval is received, the property must be physically posted 24 hours before abatement (tree removal) can begin.
• Once abatement concludes and all costs are tallied, including administrative costs, staff will bring an item to the Board requesting a lien on affected properties. The liens are paid upon sale of the property or the current property owner may pay off the lien at any time.
• Note: During this entire time period, Code Enforcement and Planning and Building staff will be working with the Procurement and Contracts division to contract with a firm(s) that can remove the trees. Planning and Building staff do not have an on-call contract for tree removal but will determine if another department has such a contract in place that can be amended to accommodate this tree removal project. If there is not an existing contract that can be amended, staff will need to follow the County’s contract requirements and start the process for a contractor(s) to perform the work. Any fiscal impacts associated with the contract will be brought to the Board as required.
CONCLUSION
Staff recommends that the Board direct Code Enforcement to issue warning letters to all affected property owners, establish a follow-up period as noted above to participate in the RCD program and submit an ROE for participation, authorize staff to pursue abatement warrants for non-responsive properties, and authorize contracting for tree removal where abatement is required per established County requirements.
ALTERNATIVES
The Board may choose to take no action, allowing hazardous conditions to persist. The Board may also continue voluntary outreach without enforcement, though past efforts have demonstrated limited effectiveness. To date, grant funding secured by RCD has been prioritized to the Grizzly Flats area but will be released to other areas of the County beginning October 1, 2026. Alternatively, the Board may delay enforcement pending the identification of additional funding sources, though no such funding is guaranteed.
PRIOR BOARD ACTION
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
N/A
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no change to net county cost associated with this item. If a contract is necessary, the contract will be included in the 2026/27 Fiscal Year budget and future years as determined necessary.
CLERK OF THE BOARD FOLLOW UP ACTIONS
N/A
STRATEGIC PLAN COMPONENT
CONTACT
Karen L. Garner, Director
Planning and Building Department