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Butte County Department ofDevelopmentSenices
ADMINISTRATION * BUILDING' GIS' PLANNING
7 County Center Drive
Oroville, CA 95965
(530) 538-7541 Telephone
(530) 538-2140 Facsimile
March 15, 2004
David Holt
10309 Oro Quincy Hwy.
Berry Creek, Ca 95916
RE: Formal Warning Notice
Butte County Code Violation
Address: 10309 Oro Quincy Hwy, Berry Creek, CA.
AP# 061-450-027
Dear David Holt:
Through our courtesy notice on September 30, 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 accumulation of junk in public view.
2. The accumulation of garbage for more than seven (7) days in public view.
3. The keeping of inoperable vehicles 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 24-230 - 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.
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David Holt
March 15, 2004
Page 2
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 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 other than domestic sewage, including, but not limited to, garbage, rubbish and trash.
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.
This is your final wamin . 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 c=onviction 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
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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
Serviceand that said correspondence/documents are deposited with the United States Postal Service
in ;the ordinary course of business on the same day.
On March 15, 2004, 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.
David Holt
10309 Oro Quincy Hwy.
Berry Creek, Ca 95916
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 March 15, 2004 at Oroville, California.
Paula Atterberry .
Plan Application Assistant H