HomeMy WebLinkAbout058-310-016
COMPLAINT TO IN PECTOR
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1 -Building Code Violation
Complaint to inspector
30 day
violation letter
10 day violation letter
Abated or Closed �
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58-31-16
REID A. & VERN ICE M. POTTER
On Hoffman Rd, W of Concow Rd inters.
Certificate of Compliance/with itcond.
6/22/82-.
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Butte CountyDepartlnent ofDevelopment Services
ADMINISTRATION * BUILDING * GIS * PLANNING
7 County Center Drive
Oroville, CA 95965
(530) 538.7541 Telephone
(530) 538-2140 Facsimile
April 30, 2003
William S. Pierce
3431 Hoffman Rd.
Oroville, CA. 95965
RE: Formal Warning Notice
Butte County Code Violation
Address 3431 Hoffinan Rd., Oroville CA
# —i— _a
Dear Mr. Pierce:
ABATE
Through our courtesy notice on January 10, 2003, 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 activities. 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 24-110 - The FR 10 (Foothill Recreational) 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 FR 10 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.
Mr. W. Pierce
April 30, 2003
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 26 Section 26-6(h) - 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 24-305.170 - 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.
Mr. W. Pierce
April 30, 2003
Page 3
Butte County Code, Chanter 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
Mr. Pierce
April 30, 2003
Page 4
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.
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.
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.
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 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.
Sin rely,
NV�N
E. Frank Cook
Code Enforcement Officer
EFC:tp
cc: Department of Development Services, Code Enforcement
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PROOF OF SERVICE BY MAIL
I am a citizen of the United States and employed in the County of Butte; I am, and
was at the time of the service hereinafter mentioned, over the age of eighteen years and
not a party to the within action. My business address is Department of Development
Services, Building Division, 7 County Center Drive, Oroville, California 95965. 1 am readily
familiar with the County's practice for collection and processing of
correspondence/documents for mailing with the United States Postal Service and that said
correspondence/documents are deposited with the United States. Postal Service in the
ordinary course of business on the same day.
On April 30, 2003, 1 served the foregoing 10 Day Notice on the person(s) named
below by placing a true copy thereof in a sealed envelope, with first class postage thereon
fully paid, addressed as indicated below, and by placing said envelope.
X In the appropriate place within the Department of Development Services
where mail is collected for mailing with the United States Postal Services
on the same day..
In the United States Postal Service Mail in Oroville, California.
William S. Pierce
3431 Hoffman Rd.
_.. Oroville, CA. 95965
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration was executed on April 30, 2003 at
Oroville, California.
r
`l'AMMIE POWELL
I
Butte County Department of Development Services
www.buttecounty.netldds
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
November 5, 2004
William S. Pearce
3431 Hoffinan Road
Oroville CA 95965
RE: Formal Warning Notice
Butte County Code Violation
3431 Hoffinan Rd, Oroville
AP# 058-310-016
Dear William S. Pearce;
ZI
OAY
Through our courtesy notice on June 21, 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.
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 Chester 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
MIN
WIN
William S. Pearce
AP# 058-310-016
November 5, 2004
Page 2
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 24, Section 24-110 - The FR -10 (Foothill Recreational,
10 -acre minimum parcel) 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 FR -10 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.
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 24-305.095 - 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.
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.
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. Cease and desist camping activities on the property in accordance with the Butte
County Code, Chapter 24, Section 24-260(a).
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.
William S. Pearce
AP# 058-310-016
November 5, 2004
Page 3
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 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,
�;
Scot Johnson
Code Enforcement Officer .
SJ:glb
cc: Department of Development Services, Code Enforcement
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PROOF OF SERVICE BY MAIL
I am a citizen of the United States and employed in the County of Butte. I am, and was at
the time of the service hereinafter mentioned, over the age of eighteen years and not a party to the
within action. My business address is Department of Development Services, Building Division.
7 County Center Drive, Oroville, California 95965. I am readily familiar with the County's
practice for collection and processing of correspondence/documents for mailing with the United
States Postal Service and that said correspondence/documents are deposited with the United
States Postal Service in the ordinary course of business on the same day.
On November 5, 2004 the foregoing 10 Day Notice on the person(s) named below by
placing a true copy thereof in a sealed envelope, with first class postage thereon fully paid,
addressed as indicated below, and by placing said envelope
In the appropriate place within the Department of Development Services where
mail is collected for mailing with the United States Postal Services on the same
day.
X In the United States Postal Service Mail in Oroville, California.
William S. Pearce
3431 Hoffman Road
Oroville CA 95965
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct and that this declaration was executed on November 5, 2004 Oroville, California.
Butte 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.buttecounty.net/dds
ADMINISTRATION * BUILDING * PLANNING
January 19, 2006
William S. Pearce
3431 Hoffman Road
Oroville, CA 95965
RE: Formal Warning Notice
Butte County Code Violation
Address: 3431 Hoffman Road, Oroville
AP# 058-310-016
Dear William S. Pearce;
e
Through our courtesy notice on December 07; 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.
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 24-260 (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.
The determination that this violation exists on the property is based on the following definition in the
Butte County Code:
William S. Pearce
AN 058-310-016
January 19, 2006
Page 2
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. Cease and desist camping activities on the property in accordance with the Butte County
Code, Chapter 24, Section 24-260(a).
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 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:mrg
cc: Department of Development Services, Building Division
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PROOF OF SERVICE BY MAIL
I am a citizen of the United States and employed in the County of Butte; I am, and was at the
time of the service hereinafter mentioned, over the age of eighteen years and not a party to the within
action. My business address is Department of Development Services, Building Division, 7 County
Center Drive, Oroville, California 95965. I am readily familiar with the County's practice for
collection and processing of correspondence/documents for mailing with the United States Postal
Service and that said correspondence/documents are deposited with the United States Postal Service
in the ordinary course of business on the same day.
On January 19, 2006, I served the foregoing 10 Day Notice on the person(s) named below
by placing a true copy thereof in a sealed envelope, with first class postage thereon fully paid,
addressed as indicated below, and by placing said envelope.
In the appropriate place within the Department of Development Services where
mail is collected for mailing with the United States Postal Services on the same
day.
X In the United States Postal Service Mail in Oroville, California.
William S. Pearce
3431 Hoffman Road
Oroville, CA 95965
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct and that this declaration was executed on January 19, 2006, at Oroville,
California.
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Michelle R. Godinez
Office Assistant
N TO:
�i
ublic Works
L*and Development Section
CERTIFICATE OF COMPLIANCE
•rKE°
Issued to: Reid A. and Vernice M. PotR �R�COitO�R��
5566 Wilson Lane
Paradise, CA 95969 y
This Certificate of Compliance is hereby issued by the County of
Butte to certify that the land division which created the parcel of property
identified below complies with the applicable provisions of the Subdivision
Map Act and of Chapter 20 of the Butte County Code.
1. Property location: On Hoffman Road west of Concow Road
intersection.
2. Assessor's Parcel Number: 58-31-16
Description: All that certain property located in the County of
Butte, State of California, more particularly
described as follows:
Being a portion of the Northwest quarter of the Southeast quarter of Section 4,
Township 22 North,. Range 4 East, M.D.B. 8 M., and being more particularly des-
cribed as follows:
Commencing at a 3/4 inch iron pipe, tagged R.E. 2435, said iron pipe marking the
East quarter corner of said Section 4; thence leaving.said East.quarter corner,
Westerly along the East-West center line of said Section, North 79"19' 51" West,
2088 feet to the true point of beginning for the parcel herein described; said
true point of beginning bears South 79`19' 51" East, 519.00 feet from the
Northwest corner of the said Southeast quarter of said Section 4; thence leaving
said true point of .beginning, parallel to the North-South center line of said
Section, South 00° 45' West, 936.76 feet to a point on the South line of the land
described in the Deed to Kenneth M. Douglas and wife, dated November 29, 1967 and
recorded December 11, 1967 in Book 1497.of Official Records, at page 595, records
of Butte County, California, said point being the center line of a 60.0 -foot road
reservation; thence Westerly along the Southerly line of said Douglas property
and said road reservation center line, North 79° 42' 05" West, 96.33 feet; thence
North 590 34' 32" West, 161.63 feet to a point at the Southwest corner of said
Douglas parcel; thence leaving said road center line, North 000 45' East, along
the Westerly line of said Douglas property, a distance of 881.93 feet to a point
on the East-West center line of said Section 4; thence Easterly along said East-
West line, South 79° 19' 51" East, 239.00 feet to the point of beginning.
Together with rights-of-way of record recorded in Book 1465 of Butte County
Official Records at pages 287 and 288.
Together with rights-of-way of record recorded in Book 2505 of Butte County
Official Records at pages 250, 251 and 252.
Together with rights-of-way of record recorded in Book 1465 of.Butte County
Official Records at pages 2.81 and 282.
(see following page)
Issuance of this Certificate is conditional upon the following
conditions which have been imposed pursuant to the Butte County Code Chapter 20-166
and Government Code, Section 66499.35 (b), to protect the public health and public
safety. None
County of Butte
Subdivision Violation Committee
%NJ
-o
m
rn
CERTIFICATE OF COMPLIANCE
AP 58-31-16
Reid A. and Vernice M. Potter
Together with rights-of-way of record recorded in Book 1465 of B.utte County
Official Records at Pages 283 and 284.
Together with rights-of-way of record recorded in Book 2367 of Butte County
Official Records at Pages 586, 587, 583 and 589.
Together with rights-of-way of record recorded in Book 1465 of Butte County
Official Records at Pages 281 and 232.
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u�u uDVCUMENI END OF DOCUMENT