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� ...r.r...�.- ��....�...�....�.-�.+.... .....�� .u. . e 7A , � Page 16 . PUBLIC RES4URCES CODE DIVI5ION 15.ENERGY CONSERVATION AND DEVEL4PMENT CHAPTER 12.SOLAR SHADE CON'I'ROL CaL Pub Resources Code§25980(Z005} §2598U. Short title; I}eclaration of state policy This chaplaer shail be known and raay�be cited as the Saiar Shade Control Act. It is the poli.cy of the state to promote a11 feasible means of energy conservation and all feasible uses of alternative energy supply sources.In particnlar,the state erncourages the planting and maintenance of trees and shrubs ta create shading,moderate outdoar temperatures, and pzovide various economic and aesthetic benefits. However,there are certain situatians in which the need for widespread use of a�temative energy devices,sueh as solar collectars,requires specific and limited controts on trees and shrubs. §25981. "Solar collector" As used in this chapter, "solar collector"means a fixed device,structure,or part af a device or structure,which is used pr.iYrxarily to transfonm solar energy into thermal,chemicai,or electricaI energy. The sotaz collector shatl be used as part of a system which makes use of solar energy for any or all of the following purposes: (i)water heating,(2)space heating or coaling,and(3)power generation, �25982. Solar collector shade trees prahibited After January l, 1979,no person owning,or in control of a properiy shall allot�v a tree or shrub to be placed,or, if placed,to grow on such property;s�bseqa•��i�stallati��a:sc�la��c�r on the property of another so as to cast a shadow�greater�than 10 percent af the cn�ec�r absorption area upc�n t.�at solar collector surface on the property of.another at any ane time•�b�tw�"#h`e�ho�s�af l0 a�z�:°an��p;m.;local standard time;provided,that this section shall not apply to specific trees and shrubs wluch at the time of anstaila#ion of a solar coilector or during tiie remainder of that annual solar cycle cast a shadow upon that solar coliector. �ar the purposes of this chapter,the Iocation of a solar collector is required to coxnply with the local building and setbaek regulations,and to be set back not less than five feet from the property lins,and no less than 10 feet abave the ground. A collectar may be less than 10 feet in height,only if in addition to th� five£eet setback,the cnllector is set back three tirnes tb;e aznount lowered. §?w5983. Vialations Every person who maintains any tree or shru�or permits any tree or shruh ta i�e maintained in violation of Section 25982 upon property owned by such person and every person leasing ii�e property of ano�er who maintains any tree ar shrub ar permits any tree or shrub to be maintained in violation of Section 25982 after reasonahle notice in writing from a district attomey or city attomcy or prosecuting attarney,to remove or atter the tree or shrub so that there is no longer a violation of Section 25982,has been served upon such person,is gui�ty of a public nuisance as defined in Sections 370�d 371 of the Pena1 Code and in Section 3480 af the Civil Cade. For #he purposes of this chapter,a vialation is hereby deemed an infraction. The eomplainant shall establish ta ttie satisfaction of the prosecutor that the viotatiQn has occurred przor ta the prasecutor's duty to issue the abatement notice. For the purpose of this section, "reasonable notice"means 30 days from receipt af such notice.Upon expiration af the 30-day period,the complaivant shall file an affidavit with the prosecutor alleging that the nuisa�ce has not been abated if the complainant wishes to proceed wi�.the action. The e�ustence of such violation for each and every day after the service of such notice shall be deemed a s�parate and disti.z�ct offense,and it is hereby made the duty of the district attorney,or�e city atxomey of any city the chacter of which imposes the duty upon the city attomey to prosecute state infractions,to prosecute all persons guilty of violating this section by continuous prosecuiions until the viatarion is corrected. Each and every violation of this section shail be punishable by a fine not to exceed one thousand dollars{$ 1,000). http:!/www.dsireusa.org/documents/Incentives/CA45Rb I.htm 5/17/2006