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HomeMy WebLinkAbout039-090-048COMPLAINT TO INSPECTOR hINUTLLE,.Paul ---31 `° 249-68H ' . /Z-//-y3 218-68P 200-68E c it 800' off Dayton Rd. 8 so. of J-09- (new single family) anTeY,Chico Code Violation '� - 7 Building Complaint to inspector 30 day violation letter-105 10 day violation letter Abated or Closed ---- o i Butte County Department of Development Services. www. buttecou nty.netldds 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538.7785 Facsimile September 23, 2005 Robb Cheal 407 West 9`h Street Chico, CA 95928-5230 RE: Formal Warning Notice Butte County Code Violation Address: 1147 Berrington Road, Chico AP# 039-090-048 Dear Robb Cheal; Through our courtesy notice on August 17, 2005, 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. Unauthorized camping activities. 2. Unauthorized camping or otherwise occupying a recreational vehicle. 3. The accumulation of junk in public view. 4. The accumulation of garbage for more than seven (7) days in public view. 5. The keeping of inoperable vehicles in public view. 6. Maintaining an unsafe structure. 7. Occupying a structure without a functioning disposal system. 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. Robb Cheal AP# 039-090-048 September 23, 2005 Page 2 Butte County Code, Chapter 24, Section 24- 135 - The SR -5 (Suburban Residential — 5 acre) 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 _SR -5 zone without a Use Permit. "Automobiles and other vehicles, dismantled, in whole or in part" are considered to be "junk." Chapter 11, Section 114 forbids people, whether at a licensed junkyard location or not, from storing junk in public view. Butte County Code, Chapter 31, Section 31-50 - The owner or tenant of any premises,business establishment or industry shall be responsible for the satisfactory removal of solid waste accumulated on said premises. To prevent propagation, harborage or attraction of flies, rodents or other vectors and the creation of a nuisance, solid waste, excepting non-flammable inert material, shall not be allowed to remain on the premises for more than seven (7) days. Non-flammable inert materials stored on a premises shall not be allowed to become either a harborage for rodents, insects or other vectors, nor a public nuisance. Such inert non-flammable materials which are not properly stored shall not be allowed to remain on a premises for more than thirty (30) days. 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 19, Section 19-3 - Sanitary Sewage Disposal System Required. It shall be unlawful for any person to maintain, occupy or use any building not provided with a sewage disposal system which disposes or sewage in a sanitary manner. 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 Robb Cheal AN 039-090-048 September 23, 2005 Page 3 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. • Butte County Code, Chanter 26, Section 26-6(b) - Unsafe for Human Habitation. This dwelling has been posted by the Butte County Department of Development Services, Building Division as unsafe for human habitation. There are numerous conditions existing which are in violation of the State Housing Law and the Health and Safety Code. It is unlawful to occupy this dwelling. It shall be vacated at once and remain vacant until clearance to occupy is received from the Butte County Department of Development Services, Building Division. It is a misdemeanor to occupy this building, or to remove or deface this notice. Butte County Code Section 26-6 (b). Failure to vacate this dwelling as required by law will result in legal action through the District Attorney's Office. 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, Chanter 24, Section 24-305.170 - Garbage. "Garbage" means every accumulation of animal or vegetable waste, matter that attends or results from the preparation, consumption, decay, dealing in, or storage of meat, fish, fowl, fruits, vegetables or other food products and .shall include any food container in which. there .is put escible material either solid or liquid. Butte County Code, Chanter 24, Section 24-305.370 - Rubbish. "Rubbish" shall mean all nonputrescible solid wastes, combustible, or noncombustible, including, but not limited to, paper, cardboard, yard clippings, grass, ashes, wood, bedding, crockery, glass, metal and other similar materials, excepting compost boxes. • Butte County Code, Chapter 19 - Sewage Disposal. Sewage, as used in this Chapter, includes any and all waste substances, liquid or solid, associated with human habitation; this includes what is commonly referred to as gray water. It is unlawful for any person to maintain, occupy or use any building not provided with a sewage disposal system which disposes of sewage in a sanitary manner. Chapter 19 requires that prior to any dwelling or building being constructed or occupied, that plans for the means of sewage disposal be submitted to the health officer for his or her approval and that a permit be obtained for any required sewage disposal work., Robb Cheal AP# 039-090-048 September 23, 2005 Page 4 The Building Division requires that any dwelling, building or structure that requires a building permit, whether or not it would utilize a sewage disposal system, must first receive a clearance from the Division of Environmental Health. The clearance by the Division of Environmental Health will verify, before construction, that a proper sewage system can be established or that the construction will not interfere with an existing sewage disposal system or that the construction will not take place in an area that has been designated as a . replacement leach field. It is unlawful to construct, maintain or use any sewage disposal system which results in sewage overflowing any lands or into any body of water or to allow the sewage to be accessible to rodents, insects or humans. Not only is a permit required for the original system, but any extensive alteration, repair, relocation addition or replacement shall also require permits, inspections and approvals from the Division of Environmental Health. • 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. 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. 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 garbage; rubbish and refuse from'your property and maintain a regular removal schedule in accordance with Butte County Code, Chapter 31,.Section 31-50. 2. Remove all "junk" in accordance with the Butte County Code, Chapter 24, Section 24- 305.240. 3. Remove all inoperable/junk vehicles from the property. 4. Cease and desist camping activities on the property in accordance with the Butte County Code, Chapter 24, Section 24-260(a). 5. Submit plans of the proposed means of sewage system repair and or disposal to the health officer and obtain a permit from the health officer. 6. 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." Robb Cheal AN 039-090-048 September 23, 2005 Page 5 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, Nick Hoekstra Code Enforcement Officer NH: aj f cc: Department of Development Services, Building Division. PROOF OF SERVICE BY MAIL 1 I am a citizen of the United States and employed in the County of Butte; I am, and was at the 2 time of the service hereinafter mentioned, over the age of eighteen years and not a party to the within 3 action. My business address is Department of Development Services, Building Division, 7 County 4 Center Drive, Oroville, California 95965. I am readily familiar with the County's practice for 5 collection and processing of correspondence/documents for mailing with the United States Postal 6 Service and that said correspondence/documents are deposited with the United States Postal Service 7 in the ordinary course of business on the same day. 8 On September 23, 2005, I served the foregoing 10 Day Notice on the person(s) named below 9 by placing a true copy thereof in a sealed envelope, with first class postage thereon fully paid, 10 addressed as indicated below, and by placing said envelope. 11 12 In the appropriate place within the Department of Development Services where 13 mail is collected for mailing with the United States Postal Services on the same 14 day. 15 X In the United States Postal Service Mail in Oroville, California. 16 Robb Cheal 17 407 West 91h Street Chico, CA 95928-5230 18 19 I declare under penalty of perjury under the laws of the State of California that the foregoing 20 is true and correct and that this declaration was executed on September 23, 2005, at Oroville, 21 California. 22 23 —Alise J. Foots Off ce Assistant 24 25 26 2'7 28 COSY Butte County Department of Development Services www.buttecounty.net/dds 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile August 17, 2005 Robb Cheal 407 W. 9`h Street Chico, CA. 95928-5230 RE: Butte County Code Violation 1147 Berrington Rd. Chico CA. 95926 AP# 039-090-048 Dear Robb Cheal; 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 activities. 2. Unauthorized camping or otherwise occupying a recreational vehicle. 3. The accumulation of junk in public view. 4. The accumulation of garbage for more than seven (7) days in public view. 5. The keeping of inoperable vehicles in public view. 6. Occupying a structure without a functioning disposal system. 7. 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- 135 - The SR -5 (Suburban Residential — 5 acre) zone does not "specifically authorize" large accumulations of junk. The storing of W W Robb Cheal AN 039-090-048 August 17, 2005 Page 2 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 SR -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. Butte County Code, Chapter 31, Section 31-50 - The owner or tenant of any premises, business establishment or industry shall be responsible for the satisfactory removal of solid waste accumulated on said premises. To prevent propagation, harborage or attraction of flies, rodents or other vectors and the creation of a nuisance, solid waste, excepting non- flammable inert material, shall not be allowed to remain on the premises for more than seven (7) days. Non-flammable inert materials stored on a premises shall not be allowed to become either a harborage for rodents, insects or other vectors, nor a public nuisance. Such inert non- flammable materials which are not properly stored shall not be allowed to remain on a premises for more than thirty (30) days. 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 19, Section 19-3 - Sanitary Sewage Disposal System Required. It shall be unlawful for any person to maintain, occupy or use any building not provided with a sewage disposal system which disposes or sewage in a sanitary manner. 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 Robb Cheal AN 039-090-048 August 17, 2005 Page 3 body, may institute any other appropriate action to prevent, restrain, correct or abate the violation. • Butte County Code, Chanter 26, Section 26-6(b) - Unsafe for Human Habitation. This dwelling has been posted by the Butte County Department of Development Services, Building Division as unsafe for human habitation. There are numerous conditions existing which are in violation of the State Housing Law and the Health and Safety Code. It is unlawful to occupy this dwelling. It shall be vacated at once and remain vacant until clearance to occupy is received from the Butte County Department of Development Services, Building Division. It is a misdemeanor to occupy this building, or to remove or deface this notice. Butte County Code Section 26-6 (b). Failure to vacate this dwelling as required by law will result in legal action through the District Attorney's Office. 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 24-305.170 - Garbage. "Garbage" means every accumulation of animal or vegetable waste, matter that attends or results from the preparation, consumption, decay, dealing in, or storage of meat, fish, fowl, fruits, vegetables or other food products and shall include any food container in which there is putrescible material either solid or liquid. • Butte County Code, Chapter 24, Section 24-305.370 - Rubbish. "Rubbish" shall mean all nonputrescible solid wastes, combustible, or noncombustible, including, but not limited to, paper, cardboard, yard clippings, grass, ashes, wood, bedding, crockery, glass, metal and other similar materials, excepting compost boxes. Butte County Code, Chapter 19 - Sewage Disposal. Sewage, as used in this Chapter, ncludes any and all waste substances, liquid or solid, associated with human habitation; this includes what is commonly referred to as gray water. It is unlawful for any person to maintain, occupy or use any building not provided with a sewage disposal system which disposes of sewage in a sanitary manner. Chapter 19 requires that prior to any dwelling or building being constructed or occupied, that plans for the means of sewage disposal be submitted to the health officer for his or her approval and that a permit be obtained for any required sewage disposal work. Robb Cheal AN 039-090-048 August 17, 2005 Page 4 The Building Division requires that any dwelling, building or structure that requires a building permit, whether or not it would utilize a sewage disposal system, must first receive a clearance from the Division of Environmental Health. The clearance by the Division of Environmental Health will verify, before construction, that a proper sewage system can be established or that the construction will not interfere with an existing sewage disposal system or that the construction will not take place in an area that has been designated as a replacement leach field. It is unlawful to construct, maintain or use any sewage disposal system which results in sewage overflowing any lands or into any body of water or to allow the sewage to be accessible to rodents, insects or humans. Not only is a permit required for the original system, but any extensive alteration, repair, relocation addition or replacement shall also require permits, inspections and approvals from the Division of Environmental Health. • 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 garbage, rubbish and refuse from your property and maintain a regular removal schedule in accordance with Butte County Code, Chapter 31, Section 31-50. 2. Remove all "junk" in accordance with the Butte County Code, Chapter 24, Section 24- 305.240. 3. Remove all inoperable/junk vehicles from the property 4. Cease and desist camping activities on the property in accordance with the Butte County Code, Chapter 24, Section 24-260(a). 5. Submit plans of the proposed means of sewage system repair and or disposal to the health officer and obtain a permit from the health officer. 6. 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." L Robb Cheal AN 039-090-048 August 17, 2005 Page 5 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,' - 1 Nick Hoekstra Code Enforcement Officer NH:aj f cc: Department of Development Services, Code Enforcement b e -t-1 pqo oyf3 COUNTY OF BUTTE ZODE ENFORCEMENT CITATION NOTICE TO APPEAR D to Time Day of the week Name (first, middle, last) F25o C -Residence addressPhone City C0 'State i l - DMs 1c. N**C> 702 staLa ass. "a� e 0 a 1 4, Icl Se Hair E I Other des. /?? t :17ht - - RW Occupation Social Security No., ,OFFENSE(S) Rc c Butte County Code Section Description Of.7Offence' 011 2. 10,;Z .25. Location Offense(s) Committed rX F 039-0:9 . 0 0 ❑ Offense (item number(s) --—not-committed lnmy presence, certified on information and belief. I certify under penalty of perjury that the foregoing is true and correct. Executed on the date shown above at C lif m, X Signature of Code Enforcement Off ice Name of Code Enforcement Officer /C- l) &.5. - i/5 WITHOUT ADMITTING % GUILT, I_P P.ROMISE-TO.AP EARATTHE TIME ,AND , ,PLACE INDICATED M00 rv, Before a,Judge or Clerk o the County A' 7" ,5C) A41 Date 20 •w Tme < r: Form approved approved bi 1h0 Judicial C;u rcil of California.! 11/4/88�- SEE REVERSE SIDE.' White COURT Yellow, viOLAToR,&copy, :,.Pinki FILE COPY PROOF OF SERVICE BY MAIL 1 I am a citizen of the United States and employed in the County of Butte; I am, and was at the 2 time of the service hereinafter mentioned, over the age of eighteen years and not a party to the within g action. My business address is Department of Development Services, Building Division, 7 County 4 Center Drive, Oroville, California 95965. I am readily familiar with the County's practice for 5 collection and processing of correspondence/documents for mailing with the United States Postal 6 Service and that said correspondence/documents are deposited with the United States Postal Service 7 in the ordinary course of business on the same day. 8 On November 16, 2005, I served the foregoing Code Enforcement Citation # 0404on the 9 person(s) named below by placing a true copy thereof in a sealed envelope, with first class postage 10 thereon fully paid, addressed as indicated below, and by placing said envelope. 11 12 In the appropriate place within the Department of Development Services where 13 mail is collected for mailing with the United States Postal Services on the same 14 day. 15 X In the United States Postal Service Mail in Oroville, California. 16 Robb Harrison Cheat 17 407 West 9th Street Chico, CA 95928-0230 18 19 1 declare under penalty of perjury under the laws of the State of California that the foregoing 20 is true and correct and that this declaration was executed on November 16, 2005, at Oroville, 21 California. R 22 23 Alise Foots Office Assistant 24 25 26 27 28 � BUTTE COUNTY COMPLAINT FORM Date: / Z —/U — d 3 AP#: _ Owner: �!J (�6�1-�Gt� Zoning: "A w g 4ti -L Address: % - General Plan: C a . �t Sri 2S ,f1! f CSU Supervisorial District #: ComplaintNiolation Location: _ _ �� 517 d61Z4 t4 -t S Z!�W IeW TYPE: { } Building { } Health { } Planning { } Housing COMPLAINT: 1 Permit History on File { } None { } See Attached Tenant: Description of Violation: Approx. Size of Bldg/MH: INSPECTOR'S REPORT Address: e__A; eO Complaint Taken By: 4-77-,5 Caution: { } Yes Why: _ Approx. Age of Bldg/MH: { } Occupied Has Electricity { } Yes { } No Has Gas/Propane { } Yes { } No { } Vacant Has Sanitation { } Yes { } No Obvious Sewage Problems { } Yes { } No Under Construction { } Yes { } No Built by/for { } Present Owner { } Previous Owner Hazards: { } No { } Yes (explain) Person Contacted: Describe Action Taken: INSPECTOR MUST ATTACH A COPY OF THE CORRECTION NOTICE!! Inspector: Date: ACTION RECOMMENDED { } Information Only, File { } Hold for Days { } Complaint Unfounded { } Other { } Resolved per Inspector's Report { } Send Letter of Compliance Inspector must draw a plot plan with all building locations on the back of this sheet. Revised 10/2003