HomeMy WebLinkAbout047-100-14617
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iE LAND OF NATURAL WEALTH AND BEAUTY
January 10, 2003
Toribio & Antonia Y.
6825 Marconia St.
Huntington Park, CA.
Gutierrez
90255
RE: Forma[ Warning Notice
Butte County Code Violation
15450/15521 Hwy 99, Chico, Ca.
AP# 047-100-146
Dear Toribio & Antonia Y. Gutierrez:
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (530) 538-7601
FAX: (530)538-7785
ABATED � �,,, i
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Through our courtesy notice on September 3, 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 or otherwise
occupying a recreational vehicle 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 24-65 - Applicability of zoning regulations. All uses of land
within a zoned district not specifically authorized or permitted by regulations are prohibited.
Butte County Code Chanter 24 Section 24-230 - The U (Unclassified) 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 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 - 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.
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Toribio and Antonia Gutierrez
January 10, 2003
Page 2
Butte County Code Chapter 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 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.
Cease and desist camping activities on the property in accordance with the Butte County Code,
Chapter 24, Section 24-260(a).
Toribio and Antonia Gutierrez
January 10, 2003
Page 3 '
This is your final warning. Unless you contact this office and make the proper arrangements to convect or abate
the violation(s) voluntarily, within ten10 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,
E. Frank Cook
Code Enforcement Officer
EFC: kj
cc: Department of Development Services, Code Enforcement; Occupant, 15521 Hwy 99, Chico, CA.
95973