The URL can be used to link to this page

Home My WebLink About028-440-030 March 6, 2002 Fred A. Silva 418 Riviera Dr. Union City, CA. 94587 RE: Formal Warning Notice Butte County Code Violation Avacado Rd., Bangor AP# 028-440-030 Dear Mr. Silva: =. suite count L A N D O F N A T U R A L W E A L T H A N D B E A U T Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE. CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Through our courtesy notice on January 31, 2002, 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 unauthorized camping, accumulation of and the keeping of junk and inoperable vehicles in public view. Your failure to eliminate the stated violations are cause for the issuance of this formal warning notice. As of this date, our records indicate that the following violations to the Butte County Code still exist: Butte County Code, Chapter 24, Section 24-260 - Camping Limitations and Prohibitions. A. No person shall place or park or allow the placing or parking of any trailer coach, recreational vehicles, tent trailer or tent, or otherwise occupy or allow the occupancy of any parcel (as defined in Section 24-305.310) for the purpose of camping (as defined in Section 24-305.095) on public or private property within the County for a period in excess of 9 days in any one calendar year, except in an outdoor recreational facility, campground, recreational vehicle park, or hunting/fishing camp, lawfully established and maintained pursuant to this Chapter. Butte County Code, Chapter 24, Section 24-90 - The A-5 (Agricultural, 5 acre parcels) 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. March 6 2002 Page 2 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 24-305.095 - Camping. Occupying or maintaining for occupancy any place for temporary living, sleeping or other human occupancy purposes. "Camping" does not include: The parking or storage of an unoccupied and otherwise unused trailer coach, recreation vehicle, or tent trailer on a privately owned parcel, as defined in Section 24-305.31; occupying a trailer coach, or recreation vehicle, connected pursuant to county permit to permanent sewage disposal and water supply systems; or occupying a trailer coach or a recreation vehicle for any accessory use allowed in the applicable zoning district. 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. 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: Cease and desist camping activities on the property in accordance with the Butte County Code, Chapter 24, Section 24-260(a). Remove all "junk" in accordance with the Butte County Code, Chapter 24, Section 24-305.240. Remove all inoperable/junk vehicles from the property. 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). Should you have any questions concerning this matter, please contact me at the address or telephone number listed above. Sincerely, Scot Johnso/n7 Code Enforcement Officer SJ: kJ cc: Department of Development Services, Code Enforcement . PROOF OF SERVICE BY MAIL 1 I am a'citizen of the United States and employed in the County of Butte; I am, 2 and was at the time of the service hereinafter mentioned, over the age of eighteen years 3 and not a party to the within action. My business address is Department of 4 Development Services, Building Division, 7 County Center Drive, Oroville, California 5 95965. 1 am readily familiar with the County's practice for collection and processing of 6 correspondence/documents for mailing with the United States Postal Service and that 7 said correspondence_/documents are deposited with the United States Postal Service in 8 the ordinary course of business on the same day. 9 On March 6, 2002, 1 served the foregoing 10 Day Letter on the person(s) named 10 below by placing a true copy thereof in a sealed envelope, with first class postage 11 thereon fully paid, addressed as indicated below, and by placing said envelope 12 In the appropriate place within the Department of Development Services 13 where mail is collected for mailing with the United States Postal Services . 14 on the same day. 15 X In the United States Postal Service Mail in Oroville, California. 16 Fred A. Silva 17 418 Riviera Dr. 18 Union City, CA. 94587 19 I declare under penalty of perjury under the laws of the State of California that 20 the foregoing is true and correct and that this declaration was executed on March 6, 21 2002, at Oroville, California. 22 23 24 Karen E. Jones 25 26 27 28 o '4^ Name ISILVA FRED A Addrl ;418 RIVIERA DR Addr2 [UNION CITY CA 94587 Addr3 Addr4 ; Asmt # o Fee # 028.440.030-000 Status ACTIVE Status Date 01/10/1996; Tax 000 INOAMAL OWNERSHIP TRA 052.006 Situs 10 AVACADO RD BAN Base Dt 11/17/1999 S Growin Total U Fix. R MH P 45,900 0 0 0 45,900 0 0. 0 ZoningExempt 0 � Dwe11 0 f Asmt PP Pen NetE- - 45�.90-0� Acres 13.65 N/C 02B r Tax PP Pen R/C#j F Appeal Pending T/R DtFi (— Split Pending_ R/C Stat —_ 1 — I I _ I SIT I APR, PHY OWN { EXP TAX !10N ATT r F001 07J25J2001 3:27:21 PPA Find PCL (— AgPres Etal Comments IWAS PTN 028.200.032,-057,-120,-129 BLM r Notes Creating Doc#r1996R01114 I Datei0l/10/1996 Bonds Current Doc#Fg§��E 3 Date 1 1 /17/1999 Multi Situs Killing Doc# FDate Flagl Asmt Desc PTN NW 1/4 SEC 21 F Flagg SuplCnt IT— S Growin Total U Fix. R MH P 45,900 0 0 0 45,900 0 0. 0 ZoningExempt 0 � Dwe11 0 f Asmt PP Pen NetE- - 45�.90-0� Acres 13.65 N/C 02B r Tax PP Pen R/C#j F Appeal Pending T/R DtFi (— Split Pending_ R/C Stat —_ 1 — I I _ I SIT I APR, PHY OWN { EXP TAX !10N ATT r F001 07J25J2001 3:27:21 PPA Find PCL