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HomeMy WebLinkAbout056-140-006Butte 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.buttecdunty.net/dds ADMINISTRATION '° BUILDING " PLANNING May 8, 2006 Delmar and Marilyn Apel 9561 Cohasset Rd. Cohasset, CA 95973 RE: Formal Warning Notice Butte County Code Violation Address: 9559 Cohasset Rd., Cohasset APN: 056-140-006 Dear Delmar and Marilyn Apel: Through our courtesy notice on April 4, 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. The keeping of junk and inoperable vehicles in public view. 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 24-190 - The TM -2 (Timber Mountain) 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 TM -2 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. - COPY Delmar and Marilyn Apel AP#: 056-140-006 May 8, 2006 Page 2 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 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. 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. 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 LL01 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, Roy Wallis Code Enforcement Officer RW: mjs Cc: Bldg. Dept. 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. I 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 May 8, 2006 the foregoing 10 day letter on the person(s) named below by placing a 9 true copy thereof in a sealed envelope, with first class postage thereon fully paid, addressed as 10 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 16 Delmar and Marilyn Apel 17 9561 Cohasset Rd. 18 Cohasset, CA 95973 19 I declare under penalty of perjury under the laws of the State of California that the foregoing is true 20 and correct and that this declaration was executed on May 8, 2006 Oroville, California. 21 22 23 24 Myles(-f. Stranff Office Assistant II 25 26 27 28 .