HomeMy WebLinkAbout035-174-006June 28, 2004
Butte County Department of Development Services
YVONNE CHRISTOPHER, DIRECTOR www.buftecounty.net/dds
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone '
(530) 538-7785 Facsimile
Dorothy M. Hawes
3970 Fallbrook Ave.
Oroville, Ca. 95966-6761
RE: Butte County Code Violation
3970 Fallbrook Ave., Oroville Ca. 95966
AP#: 035-174-006
Dear Dorothy M. Hawes;
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. Unauthorized camping or otherwise occupying a recreational vehicle.
2. The accumulation of junk in public view.
3. The keeping of livestock in a residential zone.
-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 24-125 - The R -N (Residential -
Nonconforming) 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
R -N 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.
Dorothy M. Hawes
AP#: 035-174-006
June 22, 2004
Page 2
Butte County Code, Chapter 24, Section 24-260 (a) - Camping Limitations and
Prohibitions. 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 24-255.10 - 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).
Dorothy M. Hawes
AP#: 035-174-006
June 22, 2004
Page 3
(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.
(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 24-305.095 - 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.
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.
Dorothy M. Hawes
AP#: 035-174-006
June 22, 2004'
Page 4 -
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. Cease and desist camping activities on the property in accordance with the Butte County
Code, Chapter 24, Section 24-260(a).
2. Remove all "junk" in accordance with the Butte County Code, Chapter 24, Section 24-
305.240.
•3. Remove all livestock from the property.
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,
Scot Johnson
Code Enforcement Officer
SJ:glb
Cc: Department of Development Services, Code Enforcement
3
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June 22, 2004
COPY
Butte County Department of Development Services
YVONNE CHRISTOPHER, DIRECTOR www.buttecounty.netldds
7 County Center Drive
Oroville, CA 95965
(530) 538.7601 Telephone
(530) 538.7785 Facsimile
Dorothy M. Hawes
3970 Fallbrook Ave.
Oroville, Ca. 95966-6761
RE: Butte County Code Violation
3970 Fallbrook Ave., Oroville Ca. 95966
AP#: 035-174-006
- Dear Dorothy M. Hawes;
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
propert} at the above -referenced location. Specifically, the violations include:
1. Unauthorized camping or otherwise occupying a recreational vehicle.
2. The accumulation of junk in public view.
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 24-125 - The R -N (Residential -
Nonconforming) 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
R -N 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.
Dorothy M. Hawes
AP#: 035-174-006
June 22, 2004
Page 2
Butte County Code, Chapter 24, Section 24-260 (a) - Camping Limitations and
Prohibitions. 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.
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 24-305.095 - 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.
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. 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. ' • -
Dorothy M: Hawes
AP#: 035-174-006
June 22, 2004
Page 3
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,
Scot Johnson
Code Enforcement Officer
SJ:mj s
Cc: Department of Development Services, Code Enforcement
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