HomeMy WebLinkAbout059-085-001ZONING VIOLATION
1/13/97
4
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January 10, 2003
Evers Family Trust
Edna J. Evers Trustee
52 Rockaway Ct.
Harpers Ferry, WV 25425-4536
RE: Formal Warning Notice
Butte County Code Violation
17175 Skyway, Magalia, CA.
AP# 059-085-001
Dear Edna Evers:
,. utto Co,
LAND OF NATURAL WEALTH AND BEAUTY
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (530) 538-7601
FAX: (530) 538-7785
SAT
Through our courtesy notice on November 14, 2002, 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:
The keeping of junk and inoperable vehicles in public view.
2. Unauthorized camping or otherwise occupying a recreational vehicle.
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 31, Section 3 1-5 0 - The owner or tenant of any premises, business
establishment or industry shall be responsible for the,satisfactoryremoval 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 24-230 - 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
Evers Family Trust
January 10, 2003
Page 2
whole or in part" are considered to be "junk." Chapter 11, Section 114 forbids people, whether at a
licensed junkyard location or not, from storing junk in public view.
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.
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 Coun1y Code Cha ter 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 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.
Evers Family Trust
January 10, 2003
Page 3
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).
This is your final warning. Unless you contact this office and make the proper arrangements to correct or abate
the violation(s) voluntarily, within ten10 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,
� ax: &2A V
E. Frank Cook
Code Enforcement Officer
EFC: kj
cc: Department of Development Services, Code Enforcement
.'
January 27, 2003
Evers Family Trust
Edna J. Evers Trustee
52 Rockaway Court
Harpers Ferry, V V 25425-4536
Re: Noncompliance with County Code
Location 17175 Skyway, Stirling City, CA
AP#059-085-001 r
Dear Edna J. Evers:
'gufie Count,
LAND OF NATURAL WEALTH AND BEAUTY
BUILDING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (530) 538-7541
FAX: (530) 538-2140
This is a warning notice that there is a noncompliance with the Butte County Code on the above referenced property.
As of this date, the following noncompliance exists:
BCC 114 Junk in Public View
BCC 24-65 Applicability of Zoning Regulations
BCC 24-260 Camping Limitations and Prohibitions
The above violation shall be corrected or abated by you by removing all trash, rubbish, garbage, junk and
junklinoperable vehicles from your property, maintain a regular removal schedule, and to cease and desist camping
activities on the property.
A Notice of Noncompliance will be recorded in the Butte County Recorder's Office pursuant to Butte County Code
Section 41-6.1, unless such noncompliance is corrected or abated or a hearing request is received from you, within
20 days of the date of this letter is mailed or personally served on you.
Pursuant to Butte County Code Section 41-10(a), if a Notice of Noncompliance is recorded, no County permits,
licenses or other entitlements involving this property shall be issued or approved, unless necessary to correct or
abate the noncompliance, or unless a Notice of Compliance is recorded, or unless the provisions of Section 41-10(a)
are waived by the Director of the affected County department. A Notice of Compliance may be recorded after the
noncompliance has been corrected or abated, upon payment of a $300.00 fee.
You may request an administrative hearing prior to recordation of a Notice of Noncompliance. Such a request must
be in writing, must be identified as a "Request for Administrative Hearing re Warning of Noncompliance", must
include the Assessor Parcel number of the parcel affected, must be mailed or delivered to the Director of
Development Services at 7 County Center Drive, Oroville, CA 95965, and must be received by the Director of
Development Services within 20 days from the date of the mailing or personal service of this letter.
Should you have any questions concerning this matter, please contact E. Frank Cook in this office at the address or
telephone number listed above.
in rely,
` TWJr-� 8FV�,
E. Frank Cook
Code Enforcement Officer
SR:aam
PROOF OF SERVICE BY MAIL
1
1 am a citizen of the United States and employed in the County of Butte; I am, and
2
was at the time of the service hereinafter mentioned, over the age of eighteen years and
3 not a party to the within action. My business address is Department of Development
4 Services, Building Division, 7 County Center Drive, Oroville, California 95965. 1 am readily
5 familiar with the s Count ' practice for collection and
y p processing of
6
correspondence/documents for mailing with the United States Postal Service and that said
7 correspondence/documents are deposited with the United States Postal Service in the
8
ordinary course of business on the same day.
9 On January 27, 2003, 1 served the foregoing Letter of Non -Compliance on the
10
person(s) named below by placing a true copy thereof in a sealed envelope, with first class
11
postage thereon fully paid, addressed as indicated below, and by placing said envelope.
12
13
In the appropriate place within the Department of Development Services
14
where mail is collected for mailing with the United States Postal Services
15
on the same day.
16
In the United States Postal Service Mail in Oroville, California.
17
Evers Family Trust
18 Edna J. Evers Trustee
19 52 Rockaway Court
20
Harpers Ferry, WV 25425-4536
21 1 declare under penalty of perjury under the laws of the State of California that the
22 foregoing is true and correct and that this declaration was executed on January 27, 2003
�3 at Oroville, California.
24
25
26 Alice Mefford
27
28
r�
BUTTE COUNTY DEVELOPMENT.SERVICES
complainant:
Address:
Phone Number.
Other Comments:
Inspector must draw a plot plan with all building locations:
Additional Comments from Inspector.
February 26, 1997
Evers Family Trust
Edna J. Evers, Trustee
701 E. Lassen Avenue, No. 101
Chico, CA 95926
RE: Butte County Code Violation
17175 -Skyway, Stirling City, CA
AP#059-085-001
Dear Ms. Evers:
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
FAX: (916) 538-7765
This is a formal warning notice. Pursuant to Butte County Code (BCC) Section 41-2,
we sent you a courtesy notice dated January 13, 1997, notifying you that you are in
violation of the Butte County Code at the above -referenced location. As of this date,
the following violations still exist:
Pursuant to Chapter 24, Section 24-65, "All uses of land within a zoned district
not specifically authorized or permitted by the regulations are prohibited unless
they have been found to be substantially similar to other permitted, conditional,
or accessory uses by the Director of Development Services or designee, the
Planning Commission, or the Board of Supervisors". The "U" (Unclassified)
zone, Section 24-230, 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. "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 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.
Evers Family Trust
Edna J. Evers, Trustee
February 26, 1997
Page 2
Butte County Code Section 24-305.250 Junkyard: "Junkyard" means the use of
more than one hundred (100) square feet of the area of any lot, or the use of
any portion of that half of a lot which adjoins any street or highway, for the
purchase, sale of junk as herein defined.
Butte County Code -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 Section 31-8 - The owner or tenant of any premises,
business establishment or industry shall be responsible for the satisfactory
removal of solid wastes accumulated by him on his property or his premises.
Garbage shall not be allowed to remain on the premises for more than seven
(7) days, to prevent propagation or attraction of flies, rodents or other vectors,
and the creation of nuisances. Where garbage and rubbish are containerized
together, the period of removal shall be that applied to garbage.
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.
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 similar materials, excepting compost boxes.
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 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 comply with the Butte County Code, you are hereby requested to:
1. Remove all garbage, rubbish and refuse from your property and maintain a
regular removal schedule in accordance with Butte County Code, Section 31-8.
Evers Family Trust
Edna J. Evers, Trustee
February 26, 1997
Page 3
2. Remove all inoperative/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 DOI 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 shall
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 Frank Cook at
the address or telephone number listed above.
Sincerely,
4
Thomas A. Parilo
Director of Development Services
TAP:FC:jb
cc: Code Enforcement
Building Division
January 13, 1997
Evers Family Trust
Edna J. Evers, Trustee
701 E. Lassen Avenue, No. 101
Chico, CA 95926
RE: Butte County Code Violation
17175 Skyway, Stirling City, CA
AP#059-085;001
Dear Ms. Evers:
butte Count,
L .. . - = I., TU RAL %-V--ALT7' ,IND BEAUTY
DIRECTOR'S OFFICE
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
FAX: (916) 538.7785
W
This is a courtesy notice to notify you that -you are in violation of the Butte County
Code, as follows, at the above -referenced location.
Pursuant to Chapter 24, Section 24-65, "All uses of land within a zoned district
not specifically authorized or permitted by the regulations are prohibited unless
they have been found to be substantially similar to other permitted, conditional,
or accessory uses by the Director of Development Services or designee, the
Planning Commission, or the Board of Supervisors". The "U" (Unclassified)
zone, Section 24-230, 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. "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 Countv Code 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.
r
Evers Family Trust
Edna J. Evers, Trustee
January 13, 1997
Page 2
Butte County Code Section 24-305.250 Junkyard: "Junkyard" means the use of
more than one hundred (100) square feet of the area of any lot, or the use of
any portion of that half of a lot which adjoins any street or highway, for the
purchase, sale of junk as herein defined.
Butte County Code Section 24-65 - Applicability of zoning regulations. All uses
of land within a zoned district not specifically authorized or permitted by
regulations are prohibited. 0
Butte County Code Section 31-8 - The owner or tenant of any premises,
business establishment or industry shall be responsible for the satisfactory
removal of solid wastes accumulated by him on his property or his premises.
Garbage shall not be allowed to remain on the premises for more than seven
(7) days, to prevent propagation or attraction of flies, rodents or other vectors,
and the creation of nuisances. Where garbage and rubbish are containerized
together, the period of removal shall be that applied to garbage.
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.
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 similar materials, excepting compost boxes.
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 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 comply with the Butte County Code, you are hereby requested to:
1. Remove all garbage, rubbish and refuse from your property and maintain a
regular removal schedule in accordance with Butte County Code, Section 31-8.
:,:
Evers Family Trust
Edna J. Evers, Trustee
January 13, 1997
Page 3
2. Remove all inoperative/junk vehicles from the property.
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 is
not obtained. Enforcement may be pursued through the issuance of citations, fines
and the recording of a Notice of Violation including a description of the action
necessary to abate the violation.
You have thirty Ja0l days to voluntarily comply with the above directions or to present
an acceptable plan for abatement or corrective actions to be taken by you. Should
you have any questions concerning this matter, please contact Frank Cook in this
office at the address or telephone number listed above.
Sincerely,
Thomas A. Parilo
Director of Development Services
TAP:FC:jb
cc: Code Enforcement
Building Division