HomeMy WebLinkAbout021-132-061Q,
Butte County Department of Development Services
TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
www.b uttecounty. neVdds
ADMINISTRATION * BUILDING * PLANNING
June 14, 2006
John and Willa Samprucci
PO Box 1319
Gridley, CA 95948
RE: Formal Warning Notice
Butte County Code Violation
Address: 1232 French Ave., Gridley CA 95948
AP# 021-132-061
Dear John and Willa Samprucci;
Through our courtesy notice on March 20, 2006 you were notified pursuant to Section 41-2 of the
Butte County Code. of the presence of code violations on your above -referenced property. According
to . our records, the courtesy notice has not resulted in abatement or correction of the
following specific violations:
1. The keeping of junk and inoperable vehicles in public view.
2. The keeping of livestock in a agricultural zone less than five acres.
Your failure to eliminate the stated violations is cause for the issuance of this formal warning notice.
This is notice that as of this date, our records indicate that the following violations to the Butte
County Code still exist:
• Butte County Code, Chapter 24, Section 24-65 - Applicability of zoning regulations. All uses
of land within a zoned district not specifically authorized or permitted by regulations are
prohibited.
• Butte County Code, Chapter 24, Section 24-90'- The A-5 (Agricultural, 5 -acre minimum
parcel) zone does not "specifically authorize" large accumulations of junk. The. storing of
more than 100 square feet of "junk" on a parcel is one of the items used to determine that a
"junkyard" condition exists. A "junkyard" is not an allowed use in the A-5 zone without a
Use Permit. "Automobiles and other vehicles, dismantled, in whole or in part" are considered
to be "junk." Chapter 11, Section 11-4 forbids people, whether. at a. licensed junkyard
location or not, from storing junk in public view.
John and Willa Samprucci
AN: 021-132-061
June 14, 2006
Page 2
Butte County Code, Chapter 24, Section 24-255.10 - Animal Maintenance Requirements.
(a). Area Requirements. On all parcels of property which are five (5) acres or larger and
are within zoning districts'that allow livestock there shall be no area requirements for
animals. However, on all parcels of property which area less than five (5) acres in
size and are within zoning districts that allow livestock, the following requirement,
allotted exclusively to each type of animal, shall be required to each animal kept on
the premises:
(1). Equine, bovine and swine area requirements. For each equine, bovine or
swine over one (1) year of age, ten thousand (10,060) square feet; provided,
however, that if there is a residential use established on the parcel, eight
thousand one hundred twenty-five (8,125) square feet shall be required for
such residential use and ten thousand (10,000) additional square feet shall be
required for each such animal.
2). Sheep and goat area requirements. For each sheep or goat over one (1) year
of age, three thousand (3,000) square feet; provided, however, that it there is
a residential use established on the parcel, eight thousand one hundred
twenty-five (8,125) square feet shall be required for such residential use and
three thousand (3,000) additional square feet shall be .required for each such
animal.
(3). Area requirements for each animal. The square foot requirements of
subsection(s) 1 and 2 above are for each animal. When two (2) or more
animals are located on the same parcel, the sum of the required square
footage per animal shall be required.
(4). Exotic animal requirements. Exotic animals, including, but not limited to,
llamas and camels, shall be regulated under subsection (1) above.
(5). Educational project exemption. Temporary educational projects, including,
but not limited to FFA, 4-H and school projects, conducted by students
through the twelfth grade and under the direct supervision of a qualified,
responsible adult advisor or instructor, shall be exempt from the requires of
subsections (1), (2), (3), and (4) above. However, no more than a total of
four (4) equine, bovine, swine, sheep, goats, and exotic animals over one (1)
year of age shall be kept pursuant to this subsection (5).
(b) Use permits required for more intense or commercial uses. On all parcels of
property within zoning districts that allow livestock and are less than five (5) acres, a
conditional use permit shall be required for:
(1) The keeping of such animals (horses, cattle, swine, sheep, and goats) at
greater densities than allowed pursuant to subsections (1) and (2) above.
(2) The keeping of such animals, poultry and rabbits, for the purpose of sale of
said animals or their products on a continuing basis.
John and Willa Samprucci
AP#: 021-132-061
June 14, 2006
Page 3
(3) Feed yards and hog farms.
On all parcels regardless of size, a use permit shall [be] required for the following uses:
(1) Boarding or riding stables.
(c) Penalties.
(1) Violations of this section may be charged as either an infraction or
misdemeanor.
The determination that this violation exists on the property is based on the following definition in the
Butte County Code:
Butte County Code, Chapter 24, Section 24-305.240 - Junk. Any worn-out and discarded
material in general that may be turned to some use including, but not limited to, any old iron,
wire, copper, tin, lead, rags, paper, bags, lumber, empty bottles, bones, parts of bicycles,
tricycles, baby carriages, automobiles, and other vehicles, dismantled, in whole or in part,
kept, stored, located, situated or piled in public view, and all other similar personal property
ordinarily defined and classified as "junk" kept, stored, located_ , situated or piled in public
view and not screened from public view by a fence.
• Butte County Code, Chapter 24, Section 24-305.451 - Violator. An adult owner, tenant,
occupant, resident or other person having possession, control or any other ownership interest
in or the right of access to the premises, who is suspected or alleged to have violated or to be
in violation of any Butte County Code provisions of the Chapters specified in Butte County
Code Section 24-305.451.
In order to bring the property into compliance with the Butte County Code and avoid further
enforcement actions, you are hereby requested to take the following abatement or correction actions:
1. Remove all "junk" in accordance with the Butte County Code, Chapter 24, Section 24-
305.240.
2. Remove all inoperable/junk vehicles from the property.
3. Remove all livestock that exceeds the area requirements.
This is your final warning. Unless you contact this office and make the proper arrangements to
correct or abate the violation(s) voluntarily, within ten 10 days from the date of this letter,
enforcement shall be pursued through the issuance of a citation (ordering you to appear in court) for
said violation(s) and for failing to comply with this warning letter.
Upon conviction of said violation(s) or of failing to comply with this letter, the court shall impose
penalties (fines) and a Notice of Violation shall be recorded in accordance with Butte County Code
Section 41-7. The Notice of Violation will include a description of the premises, the violation
concerns, a description of the violation, the date of your convictions and the action necessary to
correct or abate the violation(s).
John and Willa Samprucci
AP#: 021-132-061
June 14, 2006
Page 4
Should you have any questions concerning' this matter, please contact me of the address or telephone
number listed above.
Sincerely,
Roy Wallis
Code Enforcement Officer
RW: mjs
cc: Department of Development Services, Building Division
V
I
PROOF OF SERVICE. BY MAIL
I am a citizen of the United States and employed in the County of Butte. I am, and was at
the time of the service hereinafter mentioned, over the age of eighteen years and not a party to the
within action. My business address is Department of Development Services, Building Division.
7 County Center Drive, Oroville, California 95965. I am readily familiar with the County's
practice for collection and processing of correspondence/documents for mailing with the United
States Postal Service and that said correspondence/documents are deposited with the United
States Postal Service in the ordinary course of business on the same day.
On June 14, 2006 the foregoing 10 day letter on the person(s) named below by placing a
true copy thereof in a sealed envelope, with first class postage thereon fully paid, addressed as
indicated below, and by placing said envelope
In the appropriate place within the Department of Development Services where
mail is collected for mailing with the United States Postal Services on the same
day.
X In the United States Postal Service Mail in Oroville, California.
John and Willa Samprucci
PO Box 1319
Gridley, CA 95948
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct and that this declaration was executed on June 14, 2006 Oroville, California.
Myles J. &and
Office Specialis
�a
rP
Butte County Department of Development Services
TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
www.buttecounty.net/dds
ADMINISTRATION * BUILDING * PLANNING
March 20, 2006
John and Willa Samprucci
P.O. Box 1319
Gridley, CA 95948
RE: Butte County Code Violation
Violation address: 1232 French Avenue, Gridley
AP# 021-132-061
Dear John and Willa Samprucci;
The Butte County Department of Development Services, Code Enforcement section has determined
by inspection and research that there are currently code violations present on your property at the
above -referenced. location. Specifically, the violations include:
1. The keeping of junk and inoperable vehicles in public view.
2. The keeping of livestock in an agricultural zone less than five acres.
This is an advisory notice that these uses are in violation of the Butte County Code, asTollows:
• Butte County Code, Chapter 24, Section 24-65 - Applicability of zoning regulations.
All uses of land within a zoned district not specifically authorized or permitted by
regulations are prohibited.
• Butte County Code, Chapter 24, Section 24-90 - The A-5 (Agricultural, 5 -acre minimum
parcel) zone does not "specifically authorize" large accumulations of junk. The storing of
more than 100 square feet of "junk" on a parcel is one of the items used to determine that
a "junkyard" condition exists. A "junkyard is not an allowed use in the A-5 zone
without a Use Permit. "Automobiles and other vehicles, dismantled, in whole or in part"
are considered to be "junk." Chapter 11, Section 11-4 forbids people, whether at a
licensed junkyard location or not, from storing junk in public view.
.k
John and Willa Samprucci
021-132-061
March 20, 2006
Page 2
• Butte County Code, Chapter 24, Section 24-255.10 -Animal Maintenance Requirements.
(a). Area Requirements. On all parcels of property which are five (5) acres or larger
and are within zoning districts that allow livestock there shall be no area
requirements for animals. However, on all parcels of property which area less
than five (5) acres in size and are within zoning districts that allow livestock, the
following requirement, allotted exclusively to each type of animal, shall be
required to each animal kept on the premises:
(1). Equine, bovine and swine area requirements. For each equine, bovine or
swine over one (1) year of age, ten. thousand (10,000) square feet;
provided, however, that if there is a residential use established on the
parcel, eight thousand one hundred twenty-five (8,125) square feet shall
be required for such residential use and ten thousand (10,000) additional
square feet shall be required for each such animal.
2). Sheep and goat area requirements. For each sheep or goat over one (1)
year of age, three thousand (3,000) square feet; provided, however, that it
there is a residential use established on the parcel, eight thousand one
hundred twenty-five (8,125) square feet shall be required for such
residential use and three thousand (3,000) additional square feet shall be
required for each such animal.
(3). Area requirements for each animal. The square foot requirements of
subsection(s) 1 and 2 above are for each animal. When two (2) or more
animals are located on the same parcel, the sum of the required square
footage per animal shall be required.
(4). Exotic animal requirements. Exotic animals, including, but not limited
to, llamas and camels, shall be regulated under subsection (1) above.
(5). Educational project exemption. Temporary educational projects,
including, but not limited to FFA, 4-H and school projects, conducted by
students through the twelfth grade and under the direct supervision of a
qualified, responsible adult advisor or instructor, shall be exempt from
the requires of subsections (1), (2), (3), and (4) above. However, no
more than a total of four (4) equine, bovine, swine, sheep, goats, and
exotic animals over one (1) year of age shall be kept pursuant to this
subsection (5).
(b) Use permits required for more intense or commercial uses. On all parcels of
property within zoning districts that allow livestock and are less than five (5)
acres, a conditional use permit shall be required for:
(1) The keeping of such animals (horses, cattle, swine, sheep, and goats) at
greater densities than allowed pursuant to subsections (1) and (2) above.
(2) The keeping of such animals, poultry and rabbits, for the purpose of sale
of said animals or their products on a continuing basis.
A
John and Willa Samprucci
021-132-061
March 20, 2006
Page 3
(3) Feed yards and hog farms.
On all parcels regardless of size, a use permit shall [be] required for the following
uses:
(1) Boarding or riding stables.
(c) Penalties.
(1) Violations of this section may be charged as either an infraction or
misdemeanor.
The determination that these violations exist on the property is based on the following definitions in
the Butte County Code:
Butte County Code, Chapter 24, Section 24-305.240 - Junk. Any worn-out and discarded
material in general that may be turned to some use including, but not limited to, any old
iron, wire, copper, tin, lead, rags, paper, bags, lumber, empty bottles, bones, parts of
bicycles, tricycles, baby carriages, automobiles, and other vehicles, dismantled, in whole
or in part, kept, stored, located, situated or piled in public view, and all other similar
personal property ordinarily defined and classified as "junk" kept, stored, located,
situated or piled in public view and not screened from public view by a fence.
Butte County Code, Chapter 24, Section 24-305.451 - Violator. An adult owner, tenant,
occupant, resident or other person having possession, control or any other ownership
interest in or the right of access to the premises, who is suspected or alleged to have
violated or to be in violation of any Butte County Code provisions of the Chapters
specified in Butte County Code Section 24-305.451.
It is the County's goal to obtain voluntary compliance with the Butte County Code. However, you
should be advised that Butte County has an active code enforcement program which provides an
effective means of enforcement. If voluntary compliance with this notice is not accomplished by
correction or abatement of the violation(s), enforcement may be pursued through the issuance of a
citation to appear in the Butte County Municipal Court. Upon conviction, violators may be fined
and a Notice of Violation may be recorded which will include a description of the action necessary
to abate the violation.
In order to bring the property into compliance with the Butte County Code and avoid further
enforcement actions, you are hereby requested to take the following abatement or correction action:
1. Remove all "junk" in accordance with the Butte County Code, Chapter 24, Section 24-
305.240.
2. Remove all inoperable/junk vehicles from the property.
3. Remove all livestock that exceeds the area requirements
John and Willa Samprucci
021-132-061
March 20, 2006
Page 4
You have thirty 30 days to voluntarily comply with the above directions or to present an
acceptable plan for abatement or corrective actions. Should you have any questions concerning this
matter, please contact me at the address or telephone number listed above. .
Sincerely,
lAl
1"��
Roy Wallis, Jr.
Code Enforcement Officer
RW: ajf
cc: Department of Development Services, Building Division