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HomeMy WebLinkAbout058-090-0951%5/1io P 5 1'4 DAT IZ Z° -co Y December 29, 2000 Bud Irving 14766 Holmwood Dr. Magalia, CA 95954 RE: Formal Warning Notice ButteCounty Code,Yiolation [AP#058-090-095 Dear Mr. Irving: BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Through our courtesy notice on October 25, 2000, 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 keeping of junk and the accumulation of garbage for more than seven (7) days 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, Chapter 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 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. Bud Irving December 29, 2000 Page 2 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. 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 19, Section 19-4 - Unlawful Disposal Methods. It shall be unlawful for any person to construct, maintain or use any sewage disposal system which results in any of the following: (a) Sewage overflowing any lands whatever. (b) Sewage emptying, flowing, seeping or draining into any stream, spring, river, lake or other waters within the county. (c) Sewage being accessible to rodents, insects or humans. Butte County Code, Chapter 26 - U.B.C., 1994 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. Bud Irving December 29, 2000 Page 3 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 24-305.170 - 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 24, Section 24-305.360 - Refuse. "Refuse" shall mean and include any solids or semi-solid waste otherthan domestic sewage, including, but not limited to, garbage, rubbish and trash. 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. 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 orthat 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. Bud Irving December 29, 2000 Page 4 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 anyplace 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: 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). 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. Bring all residential and non-residential buildings to meet minimum standards. Obtain all required permits from the Building Division of the Department of Development Services for al l additions and structures built without approvals and permits. 7. All unsafe buildings or structures must be abated by repair, rehabilitation or demolition as per the Butte County Code, Chapter 26, UBC, 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 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 allotice 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). Bud Irving December 29,'2000 Page 5 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:pa cc: Department of Development Services, Code Enforcement