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Butte County Department of Development Services
www. buttecou nty. netldds
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
November 21, 2005
Fredrick H. and Deborah M. Storm
1337 Mark Hopkin Road
Rio Oso, CA 95674 &
RE: Butte County Code Violation
e--AP#-03-6--850:03 1abd`036=850-03_2_J
Dear Fredrick H. and Deborah M. Storm;
The Butte County Department of Development Services, Code Enforcement section has
determined by inspection and research that there are currently code violations present on your
property at the above -referenced location. Specifically, the violations include:
1. The accumulation of junk 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 24-175- The M-1(Light Industrial)
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 M-1 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.
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 wom-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
`- . ` Frederick H. and Deborah M. Storm
AP# 036-850-031/2
November 21, 2005
Page 2
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 24-305.370 - 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 24-305.451 - 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.
Itis 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 "junk" in accordance with the Butte County Code, Chapter 24, Section 24-
305.240.
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.
Sincerely,
Wendy J es
Code Enforcement Officer
WJ:aj f
cc: Department of Development Services, Building Division
A
vt
Butte County Department of Development Services
www.buttecounty.net/dds
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
December 29, 2005
y
Fredrick H. and Deborah M. Storm
1337 Mark Hopkin Road
Rio Oso, CA 95674
RE: Formal Warning Notice
Butte County Code Violation
Address: 036-850-031 and 036-850-032
Dear Fredick H. and Deborah M. Storm;
Through our courtesy notice on November 21, 2005, 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
following specific violations:
1. The accumulation of junk in public view.
Your failure to eliminate the stated violations is cause for the issuance of this formal warning notice.
This is notice that 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 24-175- The M-l(Light Industrial)
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 M-1 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.
The determination that this violation exists on the property is based on the following definition in the
Butte County Code:
N
PROOF OF SERVICE BY MAIL
1 I am a citizen of the United States and employed in the County of Butte; I am, and was at the
2 time of the service hereinafter mentioned, over the age of eighteen years and not a party to the within
3 action. My business address is Department of Development Services, Building Division, 7 County
4 Center Drive, Oroville, California 95965. I am readily familiar with the County's practice for
5 collection and processing of correspondence/documents for mailing with the United States Postal
6 Service and that said correspondence/documents are deposited with the United States Postal Service
7 in the ordinary course of business on the same day.
8 On December 29, 2005, I served the foregoing 10 Day Notice on the person(s) named below
9 by placing a true copy thereof in a sealed envelope, with first class postage thereon fully paid,
10 addressed as indicated below, and by placing said envelope.
11
12 In the appropriate place within the Department of Development Services where
13 mail is collected for mailing with the United States Postal Services on the same
14 day.
15 X In the United States Postal Service Mail in Oroville, California.
16 Fredrick H. and Deborah M. Storm
17 1337 Mark Hopkin Road
Rio Oso, CA 95674
18
�9 I declare under penalty of perjury under the laws of the State of California that the foregoing
20 is true and correct and that this declaration was executed on December 29, 2005, at Oroville,
21 California.
22
23 se J. Foots
Office Assistant
�4
25
26
27
28
Fredrick H. and Deborah M. Storm
AN 036-850-031/032
December 29, 2005
Page 2
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 24-305.370 - 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 24-305.451 - 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 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 "junk" in accordance with the Butte County Code, Chapter 24, Section 24-
305.240.
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 (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).
Should you have any questions concerning this matter, please contact me at the address or telephone
number listed above.
Sincere y,
Wendy Jones
Code Enforcement Officer
WJ:ajf
cc: Department of Development Services, Building Division
Tolley, Chris
From: Tolley, Chris
Sent: Tuesday, April 04, 2006 8:48 AM
To: 'Storm Family
Subject: RE: Use of property lot ap#036-292-050 and ap# 036-292-049
Fred,
Good morning! As we discussed, a construction and material yard is a permitted use in the Light Industrial Zone
(M-1). Generally, a primary use of land in any zone must be a permitted use. Several different types of uses may
occur on a single property, but they must meet the zoning requirements.
Any proposed use of land must be established legitimately. For example, a residential use of land would be tied
to a house, mobile home, or another structure that qualifies as a residence. A construction and material yard
must be tied to an appropriate business. Please let me know if you have any questions!
The new APNs: 078-050-031, 078-050-032
-Chris
-----Original Message -----
From: Storm Family [mailto:storms@syix.com]
Sent: Monday, March 27, 2006 4:13 PM
To: Tolley, Chris
Subject: Use of property lot ap#036-292-050 and ap# 036-292-049
Dear Chris Tolley
This letter is in regards to use of mentioned property. We are now in the process of borrowing funds to develop
lot ap#036-292-050. The development will include a metal building 75'x40' with 16' walls. We will set up a
modular office in front of the metal building. The office will be 20'x40'
with 2 bathrooms. Parking area will be adjacent to the office.
We plan to set up a 1,000 sq.ft. mobile home at rear of the building for a caretakers residence.
We are now storing equipment and building supplies on property zoned AG. We have received notice to remove
all construction related items from this property.
We are requesting storage of equipment and building supplies on lot 049.
The construction equipment includes forklift, trucks, trailers, scaffolding, etc. Materials include roofing,
lumber, cement blocks, paint, etc.
The front of property will be fenced and gated. In addition to frontage fencing we will place a fence around
perimeter of storage area. Equipment and supplies will not be seen from the street or adjacent properties.
Sincerely Fred Storm
1337 Mark Hopkins Ave
Rio Oso Ca. 95674
530-633-9040
916-204-9040
i
oa_ h
Butte CountyDepartment ofDevelopment Senices
ADMINISTRATION * BUILDING * GIS * PLANNING
7 County Center Drive
Oroville, CA 95965
(530) 538-7541 Telephone
(530) 538-2140 Facsimile
May 2, 2003
Mr. Larry Kluender
Mrs. Mary Kluender
1143 Sierra Ave.
Oroville CA 95965-4239
RE: Formal Warning Notice
Butte County Code Violation
Address Lincoln Blvd., Oroville CA 95965
AP# 036-292-050
Dear Mr.. and Mrs. Klunder:
Through our courtesy notice on April 1, 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, the
accumulation of garbage for more than seven (7) days in public view and 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 24-175 The M-1 (Light Industrial) zone does not "specificall
Y
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 M-1 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.
Mr. and Mrs. Kluender
May 2, 2003
Page 2
The determination that this violation exists on the property is based on the following defmition 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 warnin . Unless you contact this office and make the proper arrangements to correct or abate
the violation(s) voluntarily, within ten 110) 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).
Mr. and Mrs. Kluender
May 2, 2003
Page 3
Should you have any questions concerning this matter, please contact me at the address or telephone number
listed above.
Sincerely,
Sc" otJohnson
Code Enforcement Officer,
SJ: tp
cc: Department of Development Services, Code Enforcement
PROOF OF SERVICE BY MAIL
1
I 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
County's 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 May 2, 2003, 1 served the foregoing 10 Day Notice on the person(s) named
10
below by placing a true copy thereof in a sealed envelope, with first class postage thereon
11
fully paid, addressed as indicated below, and by placing said envelope.
12
13
X 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
18 Mr. Larry Kluender
19 Mrs. Mary Kluender
1143 Sierra Ave.
20
Oroville CA 95965-4239
21
22 1 declare under penalty of perjury under the laws of the State of California that the
23 foregoing is true and correct and that this declaration was executed on May 2, 2003 at
24 Oroville, California.
25
26
TAMM I E PO LL
27
28
i
April 1, 2003
Mr. Larry Kluender
Mrs. Mary Kluender
1143 Sierra Ave.
Oroville CA 95965-4239
RE: Butte County Code Violation
_Lincoln.Blvd.,:Oroville CA 95965.
AP# 036-292=050 `
Dear Mr. and Mrs. Kluender:
'eutte Count
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
The Butte County Department of Development Services, Code Enforcement section has determined by
inspection and research that there are currently code violations present on your property at the above -
referenced location. Specifically, the violations include:
1. The accumulation of junk in public view.
2. The accumulation of garbage for more than seven (7) days in public view.
The keeping of inoperable vehicles 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 24-175 The M-1(Light Industrial) 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 M-1 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.
Mr. & Mrs. Kluender
April 1, 2003
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.
It is the County's goal to obtain voluntary compliance with the Butte County Code. However, you should be
advised that Butte County has an active code enforcement program which provides an effective means of
enforcement. If voluntary compliance with this notice is not accomplished by correction or abatement of the
violation(s), enforcement may be pursued through the issuance of a citation to appear in the Butte County
Municipal Court. Upon conviction, violators may be fined and a Notice of Violation may be recorded which
will include a description of the action necessary to abate the violation.
In order to bring the property into compliance with the Butte County Code and avoid further enforcement
actions, you are hereby, requested,to take the following abatement or correction action:
Remove all garbage, rubbish and refuse from your property and maintain a regular removal schedule
in accordance with Butte County Code, Chapter 31, Section 31-50.
2. Remove all "junk" in accordance with the Butte County Code, Chapter 24, Section 24-305.240.
3. Remove all inoperable/junk vehicles from the property.
Mr. & Mrs. Kluender
April 1, 2003
Page 3
J
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.
Sincerely,
Scot Johnson
Code Enforcement Officer
SJ: tp
cc: Department of Development Services, Code Enforcement