HomeMy WebLinkAbout078-280-037
Butte CountyDepar&nent ofDevelopment Senices
ADMINISTRATION * BUILDING * GIS * PLANNING
7 County Center Drive
Oroville, CA 95965
(530) 538-7541 Telephone
(530) 538.2140 Facsimile
April 10, 2003
Mr. Stephen N. Pierce
11351 Legacy Terrace
San Diego CA 92131
RE: Forma[ Warning Notice
Butte County Code Violation
2424 V_-7 Road, Oroville CA 95966
AP# 0036-022-059
Dear Mr. Pierce:
Through our courtesy notice on February 25, 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 keeping of junk and inoperable vehicles in
public view and maintaining an unsafe structure. 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 26 - U.B.C., 1994 Addition, Section 102 - Unsafe Buildings or Structures.
All buildings or structures regulated by this code which are structurally unsafe or not provided with
adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the
purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health
or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster,
damage or abandonment is, for the purpose of this section, an unsafe use. Parapet walls, cornices, spires,
towers, tanks, statuary and other appendages or structural members which are supported by, attached to,
or a part of a building and which are in deteriorated condition or otherwise unable to sustain the design
loads which are specified in this code are hereby designated as unsafe building appendages.
Mr. Stephen N. Pierce
April 10, 2003
Page 2
All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall
be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in
the Dangerous Building Codes or such alternate procedures as may have been or as may be adopted by
this jurisdiction. As an alternative, the building official, or other employee or official of this jurisdiction
as designated by the governing body, may institute any other appropriate action to prevent, restrain,
correct or abate the violation.
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 24-305.451 - 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:
Remove all "junk" in accordance with the Butte County Code, Chapter 24, Section 24-305.240.
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 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).
Mr. Stephen N. Pierce
April 10, 2003
Page 3
Should you have any questions concerning this matter, please contact me at the address or telephone number
listed above.
Sincerely
Gary Brown
Lead Code Enforcement Officer
cc: Department of Development Services, Code Enforcement
PROOF OF SERVICE BY MAIL
1
1 am a citizen of the United States and employed in the County of Butte; I am, and
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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 County's practice for collection and processing of
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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
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ordinary course of business on the same day.
9 On April 10, 2003, 1 served the foregoing 10 Day Notice on the person(s) named
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below by placing a true copy thereof in a sealed envelope, with first class postage thereon
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fully paid, addressed as indicated below, and by placing said envelope.
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X In the appropriate place within the Department of Development Services
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where mail is collected for mailing with the United States Postal Services
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on the same day.
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In the United States Postal Service Mail in Oroville, California.
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18 MR. STEPHEN N. PIERCE
11351 LEGACY TERRACE
19 SAN DIEGO CA 92131
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21 I'declare under penalty of perjury under the laws of the State of California that the
22 foregoing is true and correct and that this declaration was executed on April 10, 2003 at
�3 Oroville, California.
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25 AMMIE POWELL
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