HomeMy WebLinkAbout064-630-042CODE ENFORCEMENT 30
DAY - _
064-630.042 03.0212
101/7/0a SWEENEY,JOHN (TRUST)
NIMSHEW CEMENTARY R (ALE
A ��
I� /1 CONT:
14
r/ A 1 HOWARD V DEMO CABIN
CODE E CEMEN
a is
10
064-630-042 03-0212
'SWEENEY, JOHN (TRUST)
- NIMSHEW CEMENTARY RD.;
MAGALIA
CONT: AL HOWARD
DEMO CABIN
s
r
COUNTY OF BUTTE - DEPARTMENT OF DEVELOPMENT SERVICES - BUI ING DIVISION `
7 County Center Drive • Oroville, California 95965 • Telephone (53 5321310=41A
1PERMIT No.
(Rev.12/96) APPLICATION AND PERMIT O `
ASSESSOR PARCEL NUMBER
N 7
ZONING
BUILDINGPERMIT
OWNER
Sweeney, John Trustt 87306260
TELEPHONE
SO. FT. OCC. BUILDING VALUATION
OWNERS MAILING ADDRESS
PO Box 4912 Chico CA 95927
CONTRACTOR'S NA�ME
Al Howard 873-6260
TELEPHONE
CONTRACTORS MAILING ADDRESS
PO box 449 W,alia CA q5969
CONSTRUCTION LENDER
Fireplace
LENDER'S MAILING ADDRESS
Total Valuation $
ARCHITECT OR ENGINEER
LICENSE NO.
Filen Fee $ 20.00
Permit Fee $25.00
ARCHITECT OR ENGINEERS MAILING ADDRESS
Plan Checking Fee $
BUILDINGADDRESS
Nimshew
Energy Plan Checking Fee $
$
PERMIT FEE $
LAT NO.
SUBDIVISIONS NAME
PARCEL MAP
PLUMBING PERMIT Filing Fee 20.00
Each Trap 7.00
USEOFSTRUCTURE
SF ,O Duplex ❑ Mobilehome ❑ Other Uetw
SPECIFY
Solar or heat pump water heater 23.00
Water piping 15.00
Each gas water heater or vent 15.00
TYPE OF WORK
New ❑ Addition ❑ Remodel ❑ Utilities ❑ Installation ❑ Other ❑
Describe Work: Demo )permit for 20 X 20' cabin
Gas piping system 1 - 5 outlets 15.00
Building sewer 15.00
Mobile Home I S I G I W 920.00
PERMIT FEE S
ELECTRICAL PERMIT Fling Fee 20.00
OOOV OR LESS
Main Service ZO.A OR LESS 23.00
LICENSED CONTRACTOR'S DECLARATION
I hereby affirm under penalty of perjury that I am licensed under provisions of Chapter
9 (commencing with Section 7000) of Division 3 of the Business and Professions Code,
and my license is in full force and effect.
License Class Lic. No.
OWNER -BUILDER DECLARATION
I hereby affirm under penalty of perjury that I am exempt from the Contractors License
Law for the following reason:
b' I, as owner of the property, or my employees with wages as their sole compensation,
will do the work, and the structure is not intended or offered for sale.
❑ I, as owner of the property, am exclusively contracting with licensed contractors
to construct the project.
❑ 1 am exempt under Sec. Business and Professions Code for this
reason
Main Service 200A TO 1000A 46.00
NEW CONST. DWELLING OCCUP. SO
OR ADONS. ( QFr:
NNONq-pESID. T. MULTI -OUTLET 97.50
OWER APPARATUS
8 PSINGLE OUTLET CIR.
Ex. Occup. B20 @ 1.000
OUTLET OR FDRURES
OR
Ex. Occup. oFlxED uT rs PL. 1 5.00
Temporary Service 23.00
Mobile Home Facilities 20.00
Misc. Wiring 23.00
PERMIT FEE S
WORKERS' COMPENSATION DECLARATION
1 hereby affirm under penalty of perjury one of the following declarations:
❑ 1 have and will maintain a certificate of consent to self -insure for workers'
compensation, as provided for by section 3700 of the Labor Code, for the
performance of the work for which this permit is issued.
❑ 1 have and will maintain workers' compensation insurance, as required by Section
3700 of the Labor Code, for the performance of work for which this permit is issued.
My workers' compensation insurance carrier and policy number are:
Carrier
Policy Number
(The above sections need not be completed if the permit is for work of a valuation
,& one hundred dollars ($100) or less.)
EVII certify that in the performance of the work for which this permit is issued, I shall
not employ any person in any manner so as to become subject to workers'
compensation laws of California, and agree that if I should become subject to the
workers' compensation provisions of section 3700 of the Labor Code, I shall
forthwith comply with those provisions.
L
X ;_ �.ti` 1 (! D4ate Lt t>< -y
Signature of Applicant - ❑ Owner ❑ Contractorgent
An OSHA permit is required for excavations over 60" deep and demolition or construction
of structures over 3 stories in height.
MECHANICAL PERMIT Fling Fee 20.00
Heating
Cooling
Hood 6.50
Ventilation
PERMIT FEES
Mobile Home Installation Fee $
Energy Inspection Fee $
OCC
CONST. TYPE
TOTAL FEE $ 45.00
HAZ.
D. FEES IMP FLOOD CDF PARCEL PD HD ISSUE
This permit is hereby issued under the applicable provisions
of the Butte County Code and/or Resolutions to do work
indicated above for ich fees have been paid.
Z� 3
By Date1 ZOO,
PERMIT EXPIRES ON ��.ly/
Date
Receipt No. 3(oVt�_r "/5 1 01)
WHITE-D.D.S.-B.D. CANARY -ASSESSOR PINK -INSPECTOR GOLDENROD -APPLICANT
COUNTY OF BUTTE - DEPARTMENT OF DEVELOPMENT SERVICES - BUILDING DIVISION
7 County Center DriveOroville, California 95965 •Telephone (530) 5384,1 I� PERMIT No.
(Rev. 12/96) APPLICATION AND PERMIT O
ASSESSOR PARCEL NUMBER
064-610-069 1
ZONING
BUILDING PERMIT
OWNER
Sweeney, John Trust 873-6260.
TELEPHONE
SO. FT. OCC. BUILDING VALUATION
OWNERS MAILING ADDRESS '
PO Box 4912 Chico CA 95927
CONTRACTOR'S NAME
Al Howa-d 873-6260
TELEPHONE
CONTRACTORS MAILING ADDRESS
PO Box 449 MAaalia CA 99969
CONSTRUCTION LENDER
Fireplace
LENDER'S MAILING ADDRESS
Total Valuation $
ARCHITECT OR ENGINEER
LICENSE NO.
Filen Fee
$ 20.00
Permit Fee
$25.00
ARCHITECT OR ENGINEERS MAILING ADDRESS
Plan Checking Fee
$
BUILDING ADDRESS
Nimshew Cem r
Energy Plan Checking Fee
$
$
PERMIT FEE
$
LAT NO.
SUBDIVISIONS NAME
PARCEL MAP
PLUMBING PERMIT
Filing Fee 20.00
USEOFSTRUCTURE
SFX] Duplex ❑ Mobilehome ❑ Other Demo
sPECIFv
Each Trap
1 7.00
Solar or heat pump water heater
23.00
Water piping
15.00
Each as water heater or vent
15.00
TYPE OF WORK
New ❑ Addition ❑ Remodel ❑ Utilities ❑ Installation ❑ Other ❑
Describe Work: Demo --permit for 20 X 20' cabin
Gas piping stem 1 - 5 outlets
15.00
Building sewer
15.00
Mobile Home ISI GI W1
@20.00
PERMIT FEE
S
ELECTRICAL PERMIT
Filing Fee 20.00
MOOR UE
Main Service zo.A OR LESS
23.00
LICENSED CONTRACTOR'S DECLARATION
I hereby affirm under penalty of perjury that I am licensed under provisions of Chapter
9 (commencing with Section 7000) of Division 3 of the Business and Professions Code,
and my license is in full force and effect.PSING
License Class Lic. No.
OWNER -BUILDER DECLARATION
I hereby affirm under penalty of perjury that I am exempt from the Contractors License
Lathe following reason:
Vas owner of the property, or my employees with wages as their sole compensation,
will do the work, and the structure is not intended or offered for sale.
❑ I, as owner of the property, am exclusively contracting with licensed contractors
to construct the project.
❑ 1 am exempt under Sec. Business and Professions Code for this
reason
WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
❑ 1 have and will maintain a certificate of consent to self -insure for workers'
compensation, as provided for by section 3700 of the Labor Code, for the
performance of the work for which this permit is issued.
❑ 1 have and will maintain workers' compensation Insurance, as required by Section
3700 of the Labor Code, for the performance of work for which this permit is issued.
My workers' compensation insurance carrier and policy number are:
Carrier
Policy Number
(The above sections need not be completed if the permit is for work of a valuation
one hundred dollars ($100) or less.)
1 certify that in the performance of the work for which this permit is issued, I shall
not employ any person in any manner so as to become subject to workers'
compensation laws of California, and agree that if I should become subject to the
workers' compensation provisions of section 3700 of the Labor Code, I shall
forthwith comp)y comp)w (those provi ions.
--77
X Date ` O�. `
Signa re of Appli ant - IJ_caneW921 Contractor gent
An OSHA permit is required for excavations over 60" deep and demolition or construction
of structures over 3 stories in height
Main Service 200A TO 1000A
46.00
NEW CONST. OW EwNG OCS. SO
OR ADDNS. ( a ACC. BLAS. 3.5¢T.
NEW
NOR.ID MULTI -OUTLET
@7,50
a R A
OUTLET CIR. OWELEPPARATUS
Ex. Occu OUTLET OR FOTruREs
20 @ 1-00
SAL- @ .50
Ex. Occup. 0 Ra D °EA, 1 5.00
Temporary Service 23.00
Mobile Home Facilities
20.00
Misc. Wiring
23.00
PERMIT FEE $
MECHANICAL PERMIT Filing Fee 20.00
Heating
Cooling
Hood 6.50
Ventilation
PERMIT FEt $
Mobile Home Installation Fee 1 $
Energy Inspection Fee $
Occ
CONST. TYPE
TOTAL FEE $ 45, 00
HAZ.
1 D. FEES I IMP I FLOOD I CDF PARCEL PD HD ISSU
This permit is hereby issued under the
of the Butte County Code and/or
indicated above for ich fees have
By
PERMIT EXPIRES ON Z�
I
applicable provisions
Resolutions to do work
been paid.
Date Z�
!�
Date
ReceiptNo.� 7S o�
WHITE-D.D.S.-B.D. CANARY -ASSESSOR PINK -INSPECTOR GOLDENROD -APPLICANT
FROM : ALHOWARDSREPAIRSPLUS
Y
PHONE NO.
FEB. 12 2003 09:22AM P1
1
7-
,7a17-11V
i
Law Office of Kevin J. Sweeney
##9 Williamsburg Lane • Chico, Ca. 95926 • (530) 893-1515 • Fax: (530) 893-8231
January 23, 2003
Via Facsimile
County of Butte
Department of. Development Services
Planning Division
7 County Center Drive
Oroville, California 95965-3397
Attention: Frank Cook, Code Enforcement Officer
Re: Demolition Permit for 14723 Cemetary Road, Nimshew (AP#064-630-042)
Acct. No.: 4264 2928 4490 8240
Dear Mr. Cook:
Pursuant to our previous telephone conversations and correspondence relative to the above -
referenced property, please be advised that Jan Howard is expressly authorized by John E. Sweeney
and Kevin J. Sweeney, his legal counsel, to apply for and receive on our behalf, a demolition permit
from the County of Butte for the purpose of effecting the demolition of the cabin structure on said
property.
Thank you for your courtesy and cooperation throughout.this matter.
cc: client
:N�
....��..�y moo.. ... . �.. ...r...._.......�..._ �-' --• -- - .. _ r .. ---
r„
Law Office of Kevin J. Sweeney
#9 Williamsburg Lane Y Chico, Ca. 95926 • (530) 893- 1515 0 Fax: (530) 893-8231
DATE: 1/23/03 TIME: 3:10 p.m.
TO: County of Butte, Development Services
FAX NO.: 538-2140
FROM: KEVIN J. SWEENEY, Esq.
9 Williamsburg Lane
Chico, California 95926
FAX NO.: (530) 893-8231
Re: Demolition Permit Authorization
Sent by: kjs
NOTES:
- 2 - NUMBER OF PAGES INCLUDING THIS FACE SHEET.
THE INFORMATION CONTAINED IN THE FAX MESSAGE IS PRIVILEGED AND
CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE
INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS FAX MESSAGE
IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE
TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY ON NOTICE THAT
YOU ARE IN POSSESSION OF CONFIDENTIAL AND PRIVILEGED INFORMATION.
ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS
STRICTLY PROHIBITED. YOU WILL IMMEDIATELY NOTIFY THE SENDER BY
TELEPHONE OF YOUR INADVERTENT RECEIPT. RETURN THE ORIGINAL FAX
MESSAGE TO THE SENDER AT THE ADDRESS ABOVE VIA THE US POSTAL
SERVICE.
C OPY
0
January 2, 2003
John E. Sweeney
2750 Sierra Sunrise Terrace Apt. 114
Chico, CA 95928-3992
,�3uite C
L A N D O F NATURAL WEALTH A N D B E A U T Y
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (530) 538-7601
FAX: (530) 538-7785
RE: Forma[ Warning Notice
Butte County Code Violation
Address: Nimshew Cemetery Road, Magalia, CA
SAP# 064-630-042
Dear Mr. Sweeney:
Through our courtesy notice on October 17, 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
1. Unauthorized camping or otherwise occupying a recreational vehicle.
2. The accumulation of garbage for more than seven (7) days 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 (Agricultural -Residential) 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 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.
John E. Sweeney
January 2, 2003
Page 2
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 - 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 28, Section 28B-1 - State Housing Law adopted by Reference.
This section adopts the State Housing Law. You are in violation of maintaining a residential building
not meeting the minimum standards.
In order to comply with the Butte County Code and State Housing Law, you are hereby requested to
immediately contact the Department ofDevelopment Services, Building Division at (530) 538-7541 to
obtain the necessary permits and inspections to bring your residential building within minimum
standards.
Butte County Code, Chanter 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:
John E. Sweeney
January 2, 2003
Page 3
Butte County Code, Chanter 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.
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.
John E. Sweeney
January 2, 2003
Page 4
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:
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.
Cease and desist camping activities on the property in accordance with the Butte County
Code, Chapter 24, Section 24-260(a).
4. 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.
Correct or abate the violation by boarding up and securing the structure.
6. 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.
7. All unsafe buildings or structures must be abated by repair,rehabilitation or demolition as per
the Butte County Code, Chapter 26, UBC, Section "Unsafe Building or Structures."
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 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).
John E. Sweeney
January 2, 2003
Page 5
Should you have any questions concerning this matter, please contact me at the address or telephone number
G1' ted above.
S' erely,
E. Frank Cook
Code Enforcement Officer
EFC: kj
cc: Department of Development Services, Code Enforcement
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 January 2, 2003, 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.
John E. Sweeney
2750 Sierra Sunrise Terrace Apt. 114
Chico, CA. 95928-3992
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 2,
2003, at Oroville, California.
ti
tte Count, u
LAND OF NATURAL WEALTH AND 'BEAUTY
-LS BUILDING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (530) 538-7541
October 17, 2002 FAX: (530) 538-2140
John E. Sweeney
PO Box 4912
Chico, CA 95927-4912
RE: Butte County Code Violation
Address: Nimshew Cemetery Road, Magalia, CA
AP#064-630-042
Dear John E. Sweeney:
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 violation-, include -
Unauthorized camping or otherwise occupying a recreational vehicle.
2. The accumulation of garbage for more than seven (7) days in public view.
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 24-95 - The AR (Agricultural -Residential) 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 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
ti
John E. Sweeney
October 17, 2002-
Page
002Page 2
Butte Countv 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 Countv 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 28, Section 28B-1 - State Housing Law adopted by Reference.
This section adopts the State Housing Law. You are in violation of maintaining a residential building
not meeting the minimum standards.
In order to comply with the Butte County Code and State Housing Law, you are hereby requested to
immediately contact the Department of Development Services, Building Division at (530) 538-7541 to
obtain the necessary permits and inspections to bring your residential building within minimum
standards.
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.
John E. Sweeney
October 17, 2002
Page 3
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 Countv 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.
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.
John E. Sweeney
October 17, 2002
Page 4
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:
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.
Cease and desist camping activities on the property in accordance with the Butte County
Code, Chapter 24, Section 24-260(a).
4. 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.
Correct or abate the violation by boarding up and securing the structure.
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.
7. All unsafe buildings or structures must be abated by repair, rehabilitation or demolition as per
the Butte County Code, Chapter 26, UBC, Section "Unsafe Building or Structures."
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.
kcerely,
�U OFA�
E. Frank Cook
Code Enforcement Officer
EFC: kj
cc: Department of Development Services, Code Enforcement