HomeMy WebLinkAbout064-610-039PROOF OF SERVICE BY MAIL
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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
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
6 familiar with the County's practice for collection and processing of
correspondence/documents for mailing with the United States Postal Service and that said
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8 correspondence/documents are deposited with the United States Postal Service in the
ordinary course of business on the same day.
9
On December 5, 2002, 1 served the foregoing Letter of Non -Compliance on the
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person(s) named below by placing a true copy thereof in a sealed envelope, with first class
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12 postage thereon fully paid, addressed as indicated below, and by placing said envelope.
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14 In the appropriate place within the Department of Development Services
15 where mail is collected for mailing with the United States Postal Services
on the same day.
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In the United States Postal Service Mail in Oroville, California.
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18 Kenneth and Kathryn Turner
1115 Nelson Avenue
19 Chico, CA 95928
20 1 declare under penalty of perjury under the laws of the State of California that the
21 foregoing is true and correct and that this declaration was executed on December 5, 2002
22 at Oroville, California.
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25
Alice Mefford
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2$
-!r
s .�'...'
LAND OF NATURAL WEALTH AND BEAUTY
BUILDING DIVISION
y
December 5,2002
{ J" a 2 DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397
Kenneth and Kathryn Turner TELEPHONE: (530) 538-7541
F
1115 Nelson Avenue AX: (530)538-2140
Chico, CA 95928
Re: Noncompliance with County Code
Location Centerville Road; Magalia, California
AP#064-610-039
Dear Kenneth and Kathryn Turner:
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 Section 24-65
Applicability of Zoning Regulations
BCC Section 24-260
Camping Limitations and Prohibitions
BCC Section 19-3
Sanitary Sewage System Required
The above violation shall be corrected or abated by you by removing all trash, rubbish, garbage, junk and junk
vehicles from your property, cease and desist camping activities on your property and apply for and obtain septic
system permits from the Butte County Environmental Health Department.
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 Scot Johnson in this office at the address or
telephone number listed above.
Sincerely,
Scot Johnson
Code Enforcement Officer
SR:aam -
Kenneth and Kathryn Turner
August 27, 2002
Page 2
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(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 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.
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.
Q
Kenneth and Kathryn Turner
August 27, 2002
Page 3
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..
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 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.
3. - Remove all inoperable/junk vehicles from the property.
i
Kenneth and Kathryn Turner
August 27, 2002
Page 4
4. Cease and desist camping activities on the property in accordance with the Butte County Code,
Chapter 24, Section 24-260(a).
You have thirty 30 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.
Icerely, _
E. Frank Cook
Code Enforcement Officer
EFC: kj
cc: Department of Development Services, Code Enforcement
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}
October 11, 2002
Kenneth and Kathryn Turner
1115 Nelson Ave.
Chico, CA. 95928
RE: Formal Warning Notice
Butte County Code Violation
Centerville Rd., Magalia, CA.
AP -6-64-6-f 0=039-1q
Dear Kenneth and Kathryn Turner:
suite 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
Through our courtesy notice on August 27, 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 unauthorized camping activities and the
keeping of junk and 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 24-65 - 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 24-95 - The AR 2 %i (Agricultural Residential 2 '/z acre
parcels) 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 AR 2 1/2 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 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.
Kenneth and Kathryn Turner
October 11, 2002
Page 2
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(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 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.
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.
r_1
Kenneth and Kathryn Turner
October 11, 2002
Page 3
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.
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.
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.
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 warnin . Unless you contact this office and make the proper arrangements to correct or abate
the violation(s) voluntarily, within ten LL01 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).
Kenneth and Kathryn Turner
October 11, 2002
Page 4
Should you have any questions concerning this matter, please contact me at the address or telephone number
listed above.
erely,
E. Frank Cook
Code Enforcement Officer
EFC: kj
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 October 11, 2002, 1 served the foregoing 10 Day Letter 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.
Kenneth and Kathryn Turner
1115 Nelson Ave.
Chico, CA. 95928
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 October 11,
2002, at Oroville, California.
Karen E. Jon s
c..
Rash, Turner
August 5, 2002
Page 2
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(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 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
w 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.
Rash, Turner
August 5, 2002
Page 3
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 interferewith 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.
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 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.
3. ' Remove all inoperable/junk vehicles from the property.
Rash, Turner
August 5, 2002
Page 4 t
4. Cease and desist camping activities on the property in accordance with the Butte County Code,
Chapter 24, Section 24-260(a).
You have thirty 30 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. ,
cerely,:
E. Frank Cook
Code Enforcement Officer,
•
EFC: kj '
cc: Department of Development Services, Code Enforcement
. l
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