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HomeMy WebLinkAbout041-690-005 7 March 2005 Butte County Department of Development Services www. b u tte c o u n ty. n etid d s 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile Ronald E. Halverson 126 Buckhom Trail Oroville, CA 95965 RE: Formal Warning Notice Butte County Code Violation Address: 126 Buckhorn Trail, Oroville CA 95965 APN: 041-690-005 Dear Ronald E. Halverson: Through our courtesy notice on December 14, 2004 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 or otherwise occupying a recreational vehicle. 2. The accumulation of junk in public view. 3. The keeping of inoperable vehicles in public view. 4. 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 ode sti 1 exis : _ • 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 24-230 - The U (Unclassified) zone does not " specifically authorize" large accumulations of junk. The storing of more Ii Ronald E. Halverson APN: 041-690-005 7 March 2005 Page 2 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 U 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 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 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 t1iat this violation exists on -the property is—baase�lc on th�ollowing de 5nition 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 Ronald E. Halverson APN: 041-690-005 7 March 2005 Page 3 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. 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 "junk" in accordance with the Butte County Code, Chapter 24, Section 24-305.240. 2. Remove all inoperable/junk vehicles from the property. 3. Cease and desist camping activities .on the property in accordance with the Butte County Code, Chapter 24, Section 24-260(a). 4. 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." 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-violatiwri(s)-xiyd-far-failing-to compjywith this -warning- etter. Upon conviction of saidviolation(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). Ronald E. Halverson APN: 041-690-005 7 March 2005 Page 4 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: mjs cc: Department of Development Services, Code Enforcement 4 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 2 the time of the service hereinafter mentioned, over the age of eighteen years and not a party to the 3 within action. My business address is Department of Development Services, Building Division. 4 ,. 7 County Center Drive, Oroville, California 95965. 1 am readily familiar with the County's 5 practice for collection and processing of correspondence/documents for mailing with the United 6 States Postal Service and that said correspondence/documents are deposited with the United 7 States Postal Service in the ordinary course of business on the same day. 8 On March 7, 2005 the foregoing 10 Day Notice on the person(s) named below by 9 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 In the appropriate place within the Department of Development Services where 12 mail is collected for mailing with the United States Postal Services on the same 13 day. 14 X In the United States Postal Service Mail in Oroville, California. 15 Ronald E. Halverson 16 126 Buckhorn Trail 17 Oroville, CA 95965 18 I declare under penalty of perjury under the laws of the State of California that the foregoing is true 19 and correct and that this declaration was executed on March 7, 2005 Oroville, California. 20 21 22���J 23 Myles J. 3�fandJ 25 26 27 28