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HomeMy WebLinkAbout058-570-119May 3, 2004 0 Butte County Department ofDevelopment Services YVONNE CHRISTOPHER, DIRECTOR www.buttecountv.netldds 7 County Center Drive Oroville, CA 95965 (530) 538-7541 Telephone (530) 538.2140 Facsimile ADMINISTRATION BUILDING GIS PLANNING Ar'41W )OP Michael P. Berry 12471 Granite Ridge Rd. Oroville, CA 95965 RE: Butte County Code Violation 12471 Granite Rd. Oroville, CA 95965 AP#058-570-119 Dear Michael P. Berry: The Butte County Department of Development Services, Code Enforcement section has determined by inspection and research that there are currently code violations present on your property at the above - referenced location. Specifically, the violations include: 1. Unauthorized camping or otherwise occupying a recreational vehicle. 2. The accumulation of junk in public view. 3. The accumulation of garbage for more than seven (7) days in public view. 4. The keeping of inoperable vehicles in public view. 5. Sewage overflowing, accessible to humans and animals. This is an advisory notice that these uses are in violation of the Butte County Code, as follows: • 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 -20 (Foothill Recreational, 20 - 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 i v • Michael P. Berry AP#058-570-119 May 3, 2004 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 19-4 - 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. The determination that these violations exist on the property is based on the following definitions 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 19 - Sewage Disposal. Sewage, as used in this Chapter, includes any and all waste substances, liquid or solid, associated with human habitation; 2 :- • 0 Michael P. Berry AP#058-570-119 May 3, 2004 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 sliall also require permits, inspections and approvals from the Division of Environmental Health. 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. It is the County's goal to obtain voluntary compliance with the Butte County Code. However, you should be advised that Butte County has an active code enforcement program which provides an effective means of enforcement. If voluntary compliance with this notice is not accomplished by correction or abatement of the violation(s), enforcement may be pursued through the issuance of a citation to appear in the Butte County Municipal Court. Upon conviction, violators may be fined and a Notice of Violation may be recorded which will include a description of the action necessary to abate the violation. 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 action: 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 L� Michael P. Berry AP#058-570-119 May 3, 2004 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. 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. You have thirty (201 days to voluntarily comply with the above directions or to present an acceptable plan for abatement or corrective actions. 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: cs cc: Department of Development Services, Code Enforcement C!