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HomeMy WebLinkAbout058-130-005AP 58-13-5 and 58-13-33 --- — OR E 27 June 2005 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 George Sosnoff c/o Nels Christensen 1 Governors Ln. Chico, CA 95926 RE: Formal Warning Notice Butte County Code Violation Address: Jordan Hill Rd., Magalia CA 95954 APN: 058-130-033 Dear George Sosnoff: Through our courtesy notice on March 23, 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 or otherwise occupying a recreational vehicle. 2. The accumulation of garbage for more than seven (7) days in public view. 3. The keeping of junk and inoperable vehicles in public view. 4. Sewage overflowing, accessible to humans and animals. 5. 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. George Sosnoff APN: 058-130-033 27 June 2005 Page 2 Butte County Code, Chapter 24, Section 24-195- 'The TP -160 (Timber Preserve 160 Acres) 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 TP -160 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 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. 0 Butte County Code, Chapter 19, Section 19-5 - Permits Required. George Sosnoff APN: 058-130-033 27 June 2005 Page 3 (a) No person shall begin or cause to have begun construction of any building or any sewage disposal system without first submitting plans of the means of sewage disposal to the health officer and obtaining a permit therefore from the health officer. (b) No person shall construct an auxiliary sewage disposal system for a building presently served by a sewage disposal system without first submitting plans of the proposed means of sewage disposal to the health officer and obtaining a permit therefore from the health officer. (c) No person shall extensively alter, repair, relocate, add to or replace any existing sewage disposal system without first securing a permit therefore from the Health Officer. (d) Permits issued pursuant to this section shall be valid for one (1) year and shall automatically become void one (1) year from the date of issuance, unless renewed prior to the expiration date. Only one-year renewal shall be permitted. Permits for repair, alteration, replacement or enlargement shall be valid for one (1) year from the date of issuance and are not renewable. • 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 Countv 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 hottles. 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. George Sosnoff APN: 058-130-033 27 June 2005 Page 4 • 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 other than 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 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. George Sosnoff APN: 058-130-033 27 June 2005 Page 5 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. 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 all additions and structures built without approvals and permits. 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." This is your final warnin . 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. i 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 x telephone number listed above. Sincerely, Roy Wallis Code Enforcement Officer RW: mjs cc: Department of Development Services, Code Enforcement v ` y 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 June 27, 2005 I served 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, addressed 10 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 George Sosnoff 17 c/o Nels Christensen 1 Governors Ln. 18 Chico CA 95926 19 20 I declare under penalty of perjury under the laws of the State of California that the foregoing 21 is true and correct and that this declaration was executed on June 27, 2005 at Oroville, California. 22 I_ �3 Myles J Str Office Assistant lI 24 25 26 2'7 28 # . � ��..s ti. i` �j';�t' rr�• p 4 c ` r6 :,. rl% 'j(�{^�(�(C4+✓-���8 �/d� I(1ly'�II �„dl(tpJ9V.1�',�-rl-j�/�(� �Vr G� �:�� , 'I F'I'-s�j9 V 11 Ye�� `�Uy1 � � 41`� JL ll�' �w��J! *. \ �':; `� is i. � r,� iV � "C'"� r r) `� f 11 � � f�� �O /_ � i, �_ Ll' � V / � �, _ � ..J o, � � ==1j !�`�� �� �� ff((II .� o � �,. ���, i 1� r l � � r i j ;.• - � p m D � .. �� � � e n � 'ci �% . � .�. ��, ,� r i �' y�ftiv � t� � c. Z ,, L, �' ' ( {� � � ,rye o� � f �� j� (� ,,fir l a �g `, ��- � a.g � � ��� ��U � � � h JAL � �, � �� �V� �'J � 'l � - 9 � Ufa c� .� a � . '� ,b o� a � � . hX�� j .. �:, `� �� ter, [ � � � (� 'ht � `a ii � :. `� � � _ ��� �r o � . SOUTH OROVILLE PROJECT Inspection Report Agency Requesting Inspection Date Inspection Requested Owner: �f�# / <�� a�� �,� -� A. P. # _ Address: Daae of Inspection 2 Z ? Tenant: Inspector Building Location: General Description of Building: ed , /C Overall Structural, Electrical, ff& Plumbing Description of Deficiencies: M1 .'.1. "'7' V YI n �. C.-+ ,...erg 1�i4.- � ,L..-,.� r �,,,. ri-. _ .n -o ,�1� � i �., x <� •-.>G� � ..,,., _� _ u � C1.e-w. ,,�. Specifics Room by Room: U ...�.�.. A, --Front Room 1. Walls 2. Ceiling 3. Floor 4. Electrical 5. Window & Screen 6. Doors 7. Other D. Hall 1. Walls 2. Ceiling 3.. Floor 4. Electrical 5. Doors 6. Other G. Out Buildings 1. General Condition 2. Electrical 3. Other I. Notes: B. Bedrooms 1.2 & 3 1. Walls 2. Ceiling 3. Floor 4. Electrical 5. Window & Screen 6. Doors 7. Other E. Kitchen 1. Walls 2. Ceiling 3. Floor 4. Electrical 5. Window & Screen 6. Doors 7. Sink 8. Stove 9. Drainboard 10.Other C. Bath 1. Walls 2. Ceiling 3. Floor 4. Electrical.. 5. Window & Screen 6. Doors 7. Toilet 8. Shower or Tub 9. Basin 10.Other 1'. Utilitv Room 1. Walls 2. Ceiling 3. Floor 4. Electrical 5. Window & Screen_ 6. Doors � m 7. Sink _ 8. Washer & Dryer 9. Other H. Exterior of Building & Other General Items 1. Foundation 2. Foundation & Attic Vents 5. Roof Covering m 6. Weatherproofing �. 7. Porches & Stairs _ 8. Hot Water Heater 9. Heating & Cooling System 10,Fireplace 11.Other _ : ate': �D: �9�'� • ,. • On Ja 1977: did IWhi ekelti ;' t0 .foli3O�€ bi-.'aw, gwf and. a of thia=. Sheriff '*-_ x '2k.a esi•- - ,Sn}� r,n „ - r k ft -.:, ': ,'x r < +. : 7 N z - #. r.-f •7 ,•'�"cqF. _' •.' - - :-. _ - L fV� 4x7 � -_ s - i c�ti oa= as: the s _ C=Pgromd provide ate. cavim ' ,, T b Aei and water is mil able► at ari frjx a 'r •r•''24• a a_ ; aYZ r -�.d S K -. '. _ c m. -. $rem aa,;K ,�. �*d..a -i ,cdxW.• •tG:.:fkyfl 'A-1.a: i •. azC ery ,':. e;- .. .::' 'A _ :'.' r'. •. s . C "- -• the and operate e SMU. . gold smr . ' camiDU Of aawa adults a9d Ow • c '' norzallyT but 't&S8ndr>� /Ow . fds vet themo.• _ Maylive in- a• ., . Unts NU-um and: Ua a) vitro all cc ..a i. eat r aciL�t ���� � - • in' &1W,• • /dttb a . lean-to ;attar ' ._ The "fatly, baa lam'• �,j �:nRi@:' ,611f6� " .Vw0two • - Waters:=%_ tom• the -,A smiLU SBQUZW pavered pip provides .tater to tba,"amIdnS aha • .ki is Vatw Is. piped to -an. area ams: the glen, for irri '- Toilet;= tiea;a�' per. b� a - shift privy.- Hot sinter, is provided by a battleCos vmt w-Mer. El city is provided to the "bus. livingarae!, by e cord.-fM. the genustor that pestes: the gold search op tion'.. ... As stated"in our-m=w of June-•6¢:-1977, the campground area is in violation of - Seatiou, 1SM5 0B the filth and Safety- Code (if a cberre is rade for camping) or , . of Butte: qty. Cie 22-6. (if no cogs is made fcr camping) . The "r®AUM iA N10eUM 0fthe Calif a �U Hbus pSCt . s ` = i Zav' (i38odaode 17910! 4 U.) . and''.t�, Butte . S �t ce (B.C. CO& 1963 & 4) . Thera is no .. ,t. tiea in could =Ply with the above mentioned •^d %moi. ~ y;C•"Vi •r K .,IF. Jrb �:. .: !' `^ r '_ 2y'?'.?t n .. l .�W .. ..' ,, _ -r. � i't lam- 0_ Of r.Lhe' 3� � observed. i The area is &, sp0t and r k�e zy-e1y S 3 5 ` 7.n� '. t • ��> � ; ,i r ° 3Y Y k��3}' 3I+''-,t;57-' Z`he. question now far r d®'ve wa it . to gO?• Technically, there are. v'i,olatiom' " J Of state% -and counW-L o and regulations. .It would appear that if. the owner of the prgDww wish-S& to mLintaia a campground cr camping area, he and the campers shmad ' abi� by t� lmw.•; .:Alio,. if toB®' evner wishes to allow people to reside on the property,_-..' he and the occupants. should camply with applicable laws. ' '7 cc: TO:' Del Siemsen FROM: Lynn Vanhart, , Environmental Health Jim Glanders Building Department . SUBJECT: Whiskey Flats DATE: June 6, 1977 Attached is a memorandum from Charles Bird of our Deparlmont. regarda:ng. tha situation at Whiskey Flats. From the memorandum, it appews thata campground and/or a. recreation tr93.1e.r . park, as defined in Section 152:1.5 of the HeaIth and Safety Code:, is, being, ' maintained in•violati,on .of state law and Butte County. Code, im that they, ' have no valid use permit for such .a campground. If the area is not a campground v the occupar-ts have no c€ gpin,-. per -m3 t a.-,- required srequired under. Buttes County Code 22-6. The reported sevabe disposal methods are obviously in v olati.on ac Blatta County Code 19-3&4. The hoeing facilities, if not considered ca ing fa.cilit•►,esr would cer- tainly be in violation of the California State Housing Lavz, HeUth. asst Safety.Code Section 17910,. etc. Any buildings constructed without a building pert t -woUd., of co -arse., . be in violation -of Butte . County's Building. Code. S I,,,/ -, - _-Y Q, Inter-Depa bleMat-1 "Memorandum TO: Lynn Van Hart FROM: Charlie Bird SUBJECT: Campers in. Whiskey Flat s Area DATE: May 24., 1977 On May 17; 1977 Art Anderson' -of the Butte County aizriff.l s Hepta Vern Basden and myself inspected the property owned-by."Junkie" George Sosnoff in the area known as.Whisk-ey Flats and identified as assessor's parcels 58-135 and 58-1333. We encountered a -variety -of living conditions ranging from "fami)q" groups to individuals inhabiting converted buses., tents,, wooden shacks, and camp trailers. Sanitation facilities are minimal, chiefly limited to -poorly constructed outdoor privies which, likei thestructuresof habitation., are usually.. situated in the poorest locations. Wash and bath water are allowed to flow free., and garbage is scattered about some areas of the property, While the general appearance -of the proparty is.one of a rather untidy, unsanitary campground,, some individuals have been"camped" there for 2 years or more, Obviously, individuals "camped" on these properties are in. violation. of the Butte County Code (Chapter 19), the Uniform Housing Code (Chapter 5), the Uniform.Building Code, etc. I,,,/ -, - _-Y Q, TO: FROM: SUBJECT: DATE: Inter-Departmenfa ,, Memorandum Lynn Van Hart Charlie Bird. Campers in Whiskey Flats Area May moi., 1977 On May, 17, .1977 Art Anderson of the Butte County Sheriff's Dept., Vern.Basden and Ayself.inspected the property owned by "Ju ,s" George Sosaoff in the area known as Whiskey Flats and identified as assessor's parcels 58-13-5 and 58-13-33. 'Are encountered a variety of living conditions ranging from "family" groups, to individuals inhabiting converted buses, tents, wooden shacks, and camp trailers.. Sanitation facilities are minimal, chiefly limited to poorly.constructed outdoor privies which., like the structures of habitation, are usually situated in the. poorest locations. Wash.and bath water are allowed to flow free, -and garbage. is scattered about some, areas of the property. While the general appearance of the property is one. of a rather untidy, unsanitary campground, some individuals have beent'camped" there for 2 years or more. Obviously, individuals "camped' on these .properties are in violation of the Butte County Code (Chapter 19), the Uniform Housing'Code (Chapter 5) , the Uniform Building Code, etc.