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APPLICATION FOR CERTIFICATE
KUSZYK, Walter
1126-70B
OF MERGER
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1607
Tehama,
CONTR: Foothills
Oroville
Const.
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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.buffecounty.net/dds
ADMINISTRATION * BUILDING * PLANNING
August 9, 2006
Martha V. Shaner
1425 Grand Ave.
Oroville CA 95965
RE: Formal Warning Notice
Butte County Code Violation
Address: 1607 Tehama Ave. Oroville CA 95965
AN 030-420-007
Dear Martha V. Shaner;
Through our courtesy notice on June 30, 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 accumulation of junk in public view.
-2. Maintaining an unsafe structure: ,
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 24-95 - The AR (Agricultural -Residential) 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 AR 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.
• Butte County Code, Chapter 26 - C.B.C., 1998 Addition, Section 102 - Unsafe Buildings or
Structures.
Martha V. Shaner
APN: 030-420-007
August 9, 2006
Page 2
All buildings or structures regulated by this code which are structurally unsafe or not
provided with adequate -egress, or which constitute a fire hazard, or are otherwise
dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings
or. structures constituting a hazard to safety, health or public welfare, by reason of
inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or
abandonment is, for the purpose of this section, an unsafe use. Parapet walls, cornices,
spires, towers, tanks, . statuary and other appendages or structural members which are
supported by, attached to, or a part of a building and which are in
deteriorated condition or otherwise unable to sustain the design loads which are specified
in this code are hereby designated as unsafe building appendages.
All such unsafe buildings, structures or appendages are hereby declared to be public.
nuisances and shall be abated- by repair, rehabilitation, demolition or removal in
accordance with the procedures set forth in the Dangerous Building Codes or such .
alternate procedures as may have been or as may be adopted by this jurisdiction. As an
alternative, the building official, or other employee or official of this jurisdiction as
designated by the governing body, may institute any other appropriate action to prevent,
restrain, correct or abate the violation.
The determination that this violation exists on the property is based on the following definition in the-
Butte
heButte 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, Chanter 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. Bring all residential and non-residential buildings to meet minimum standards. Obtain all
required permits from the Building Division of the Department of Development Services for
all additions and structures built without approvals and permits.
3. All unsafe buildings or structures must be abated by repair, rehabilitation or demolition as per
the Butte County Code, Chapter 26, CBC, Section "Unsafe Building or Structures."
Martha V. Shaner
APN: 030-420-007
August 9, 2006
Page 3
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 pursuedthrough 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,�
Wendy Jones
Code Enforcement Officer
WJ: mj s
cc: Department of Development. Services, Building Division
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 August 9, 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.
Martha V. Shaner
1425 Grand Ave.
Oroville CA 95965
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 August 9, 2006 Oroville, California.
Myles J. S d
Office Specialist II
Butte. County Department of Development Services
TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive UTT:!►0
Oroville, CA 95965 0 0
(530) 538-7601 Telephone C a
(530) 538-7785 Facsimile. o o
www.buttecounty.net/dds, c''� o
ADMINISTRATION * BUILDING PLANNING
June 30, 2006`
Martha V. Shaner
1425 Grand Ave.
Oroville, CA 95965
RE: Butte County Code Violation
. Violation address: 1607 Tehama Ave., Oroville CA 95965
AP# " 030420-007
Dear Martha V. Shaner;
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 accumulation of junk in public view.
2. Maintaining an unsafe structure.
This is an advisory notice that these uses are in .violation of the Butte County Code, as follows:.
• 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 24-95 - The AR (Agricultural -Residential) 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 AR 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. " '
Martha -V. Shaner
AP#: 030=420-007
June 30, 2006
Page 2
• Butte"County Code, Chapter 26 - C.B.C., 1998 Addition, Section 102 Unsafe Buildings
or Structures.
1. All buildings or structures regulated by this code which are structurally unsafe or
not provided with adequate egress, or which constitute a fire hazard, or are otherwise
dangerous to human life are, for the purpose of this section; unsafe. Any use of buildings
or structures constituting a hazard to safety, health or public welfare by reason of
inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or
abandonment is, for the purpose of this section, an unsafe use. Parapet walls, cornices,
spires, towers, tanks, statuary and other appendages or structural members which are
supported by, attached to, or a part of a building and which are in deteriorated condition
or otherwise unable to sustain the design loads which are specified in this code are hereby
designated as unsafe building appendages.
All such unsafe buildings, structures or appendages are hereby declared to be
public nuisances and shall be abated by repair, rehabilitation, demolition or removal in
accordance with the procedures set forth in the Dangerous Building Codes or such
alternate procedures as may have been or as may be adopted by this jurisdiction. As an
alternative, the building official, or other employee or official of this jurisdiction as
designated by the governing body, may institute any other appropriate action to prevent,
restrain, correct or abate the violation.
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.
Martha V. Shaner
AP#: 030-420-007
June 30, 2006
Page 3
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. Bring all residential and non-residential buildings to meet minimum standards. Obtain all
required permits from the Building Division of the Department of Development Services
for all additions and structures built without approvals and permits.
3. All unsafe buildings or structures must be abated by repair, rehabilitation or demolition as
per the Butte County Code, Chapter 26, CBC, Section "Unsafe Building or Structures."
You have thirty (30) days to voluntarily comply with the above directions or topresent 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,
Wendy Jon
Code Enforcement Officer
WJ: mjs• -
cc: Department of Development Services, Building Division
II`
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
June 30, 2006
Occupant
1607 Tehama Ave.
Oroville, CA 95965
RE: Butte County Code Violation
Violation address: 1607 Tehama Ave., Oroville CA 95965
AP# 030420-007
Dear Occupant;
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 accumulation of junk in public view.
2. Maintaining an unsafe structure.
This is an advisory notice that these uses are in violation of the Butte County Code, as follows:
• 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 24-95 - The AR (Agricultural -Residential) 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 AR 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.
Occupant
AP#: 030-420-007
June 30, 2006
Page 2
Butte County Code, Chapter 26 = C.B.C., 1998 Addition, Section 102 - Unsafe Buildings
or Structures.
All buildings or structures regulated by this code which are structurally unsafe or
not provided with adequate egress, or which constitute a fire hazard, or are otherwise
dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings
or structures constituting a hazard to safety, health or public welfare by reason of
inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or
abandonment is, for the purpose of this section, an unsafe use. Parapet walls, cornices,
spires, towers, tanks, statuary and other appendages or structural members which are
supported by, attached to, or a part of a building and which are in deteriorated condition
or otherwise unable to sustain the design loads which are specified in this code are hereby_
designated as unsafe building appendages..
All such unsafe buildings, structures or appendages are hereby declared to be
public nuisances and shall be abated by repair, rehabilitation, demolition or removal in
accordance with the procedures set forth in the Dangerous Building Codes or such
alternate procedures as may have been or as may be adopted by this jurisdiction. As an
alternative, the building official, or other employee or official of this jurisdiction as
designated by the governing body, may institute any other appropriate action to prevent,
restrain, correct or abate the violation.
The determination that these violations exist on the property is based on the following definitions in
the Butte County Code:
• Butte County Code, Chanter 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.
Occupant
AP#: 030-420-007
June 30, 2006
Page 3
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. Bring all residential and non-residential buildings to meet minimum standards. Obtain all
required permits from the Building Division of the Department of Development Services
for all additions and structures built without approvals and permits.
3. All unsafe buildings or structures must be abated by repair, rehabilitation or demolition as
per the Butte County Code, Chapter 26, CBC, Section "Unsafe Building or Structures."
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
Wendy Jones
Code Enforcement Officer
WJ: mjs
cc: Department of Development Services, Building Division
4�
STATE OF CALIFORNIA }ss.
COUNTY OF Butte }
On June 11, 2003 Michelle A. Miller,.Notary.Public
before me,
personally appeared Martha V.
personally known to me. .
(or proved -to, me on the basis of satisfactory evidence) to be the person (s). whose name(s) islare ,
subscribed to the within instrument and acknowledged to me that he/she/they, executed the same
in his/her/their authorized capacity(ies)-, and that by his/her/their signature(s)•on the instrument'the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.-
WITNESS
nstrument:WITNESS my. hand and official 'seal.:
Signature
MICHELLAA. NALLER
Commission #1351456 0
at Notary Public - California CD ;
Butte CountyMy Comm. Exp. APA. 1 , 2006
(This area for official notarial seal)
GI -5191 3008(f•94) (General)
' F.rS. A.nlnnrar. T iii InSuran: -. f .gym,Oany
EXHIBIT '"A''
-LEGAL DESCRIPTION
FOR.SHANER MERGER
APN: 030-420-07
ALL THAT REAL PROPERTY DESCRIBED ASA PORTION OF LOT 1, BLOCK 110, ACCORDING
TO,THE OFFICIAL MAP OF THERMALITO, AS FILED FOR RECORD IN THE OFFICE OF THE
COUNTY- .RECORDER.ON JUNE 8, 1887, BUTTE COUNTY, CALIFORNIA, BEING MORE
PARTICULARLYT DESCRIBED AS'FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 110, SAID CORNER BEING THE
TRUE POINT OF BEGINNING FOR THE HEREIN DESCRIBED PARCEL OF LAND; THENCE.
SOUTH, ALONG THE WEST LINE OF 16THSTREET,150 FEET; THENCE WEST, PARALLEL WITH
TEHAMAAVENUE, 100 FEET; THENCE NORTH, PARALLEL WITH 16T" STREET,150 FEET;
THENCE.EAST, ALONG THE SOUTH LINE OF TEHAMAAVENUE, 100 FEET, TO THE POINT OF
BEGINNING.
END OF DESCRIPTION ..
THE PURPOSE OF THIS DEED IS TO EFFECT'A MERGER OF ALL UNDERLYING PARCELS
OF LAND . AS APPROVED BY THE BUTTE COUNTY DIRECTOR OF PUBLIC WORKS ON
Suvte. 166 2003. PREVIOUSLY EXISTING PARCELS ARE NOT AVAILABLE FOR LESE,
SALE OR FINANCE. APPROVAL OF THIS MERGER DOES NOT GUARANTEE THAT THE
RESULTANT PARCEL IS DEVELOPABLE.
PREPARED BY:
IAND s�9
HN D. CHRISTOFFERS L.S..GHRIST��
G.D:A., ENGINEERING & EYING �F o
D:IMyFilesILEGALS103039LD.wpd May 23, 2003 No. 4208 z
EV. 08-3042 P
END OF DOCUMENT
'