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HomeMy WebLinkAbout078-280-042SHERMAN LEE AND JOANN TOBIAS 2476 V-7 ROAD.,I'"OROVILLE UNSAFE 'STRUC'T'URE 1/24//00 4 Y MILDER AG - - �- .. ..1049-678- ; f7i, o`lg_ago-oma WO V-7 Rd., Oroville (st cco - res�nt & dwelling) Y f I I 1 e I E . i MILDER AG - - �- .. ..1049-678- ; f7i, o`lg_ago-oma WO V-7 Rd., Oroville (st cco - res�nt & dwelling) Y RECORDING REQUESTED BY: BUTTE COUNTY CODE ENFORCEMENT AND WHEN RECORDED MAIL TO: BUTTE COUNTY. CODE ENFORCEMENT 7 County Center Drive Oroville, CA 95965 Butte County Code Enforcement NOTICE OF NONCOMPLIANCE (Butte County Code Section 41-6.1(h) PROPERTY AFFECTED: 201011 —00 1 389-7 Recorded Official Records County Of BUTTE CANDACE J. GRUBBS Recorder ROSEMARY DICKSON Assistant 01:35PM 09 -Apr -2001 Assessor's Parcel No: 036-022-006` Street Address or Location: 2476�V7 Road, Oroville, California 95966 Legal Description: See Exhibit "A". OWNER(S) OF RECORD as of the date of Noncompliance: A.G. Miller, Sherman Lee & Joann Tobias, 3895 Lower Wyandotte Road, Oroville, California 95966 DATE OF NONCOMPLIANCE: January 14, 2000 DESCRIPTION OF NONCOMPLIANCE: I REC FEE .00 CONFORM .00 I I I I Cindy I Page 1 of 3 Failure to remove all trash, rubbish, garbage, junk and junk vehicles from the property and to obtain the required permits, inspections and approvals from this office to bring all of the residential buildings to within minimum standards in violation of the provision of the 1997 Uniform Building Code and Sections 17922 and 18941.5 of the California'Health and Safety Codes as follows: BCC 24/24-65 Applicability of Zoning Regulations BCC 24/24-140 Zoning does not Authorize Use BCC 26-102 Unsafe Buildings or Structures ACTION NEEDED TO CORRECT OR ABATE THE NONCOMPLIANCE The above violation(s) shall be corrected or abated by you by removing all trash, rubbish, garbage, junk and junk vehicles from your property and by applying for the required permits to bring the residential buildings to within minimum standards, and paying the appropriate fees, including penalties. After permit issuance and field authorization to proceed, the work must be completed and approved by this office within the permit specified time. Upon all work to correct or abate the noncompliance being completed and approved by the affected department, and payment of a fee of $300.00, a Notice of Compliance shall be submitted to the Recorder of Butte County for recordation pursuant to Butte County Code Section 41-6.1(k) and 41-9. DATE OF PERSONAL SERVICE OR MAILING OF WARNING NOTICE OF NONCOMPLIANCE: March 13, 2001 DATE OF ISSUANCE OF APPEALS BOARD DECISION: Appeal was not requested. Page 2 Notice of Noncompliance AP#036-022-006 NOTICE: Pursuant to Butte County Code Section 41-10(a), upon recordation of this Notice of Noncompliance no county permits, licenses or other entitlements shall be issued involving this property, unless necessary to correct or abate the noncompliance, 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. Signed by: Date: 0A1— 0.9— O 1 ary Bro Butte CoLVAy Code Enforcement Officer .................................................................................................. State of California County of Butte On Monday; April 9, 2001, before me, Jill Marie Broderson, Notary Public, personally appeared Gary Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Y w JILL MARIE BROrD,- Sigi ature (seal) ` NotaayPUWc - C4:!;: 14,3 z i7 Butte Coyr^. -b Aac EXHIBIT "A" A.P. #036-022-006 All that certain real property situate in the County of Butte, State of California, described as follows: The Easterly 2 acres of Lot 3 in Block 22 of Villa Verona, according to the Official Map thereof, filed in the Office of the Recorder of the County of Butte, State of California, January 17, 1889. Recorder's Office County of Butte C;AN1Vi4iC;L J. E-3RU13BS County Clerk -Recorder Duplicate Receipt 2009-66026,15 01/23/2069 11:20AM REC FEE 31.00 CONFORMED CONY 1.00 ---------------------------------------- TOTAL 32.08 JOURNAL 32.00 ---------------------------------------- CHANuE 0.00 0123/2069 11:21AN 2609012300051 AH ECR-REC06 Thank You Have a Nice Day! -------------------- ------------------- Requested By: A.C. Development Services RECORDING REQUESTED BY: BUTTE COUNTY CODE ENFORCEMENT AND WHEN RECORDED MAIL TO: BUTTE COUNTY CODE ENFORCEMENT 7 County Center Drive Oroville, CA 95965 PROPERTY AFFECTED: Assessor's Parcel No: Street Address or Location: Legal Description: COPY of Document Recorded 23 -Jan -2N9 2K19-Wfin75 Has not been compared with original BU ff t:tl ry REL)JIWER Butte County Code Enforcement NOTICE OF COMPLIANCE (Butte County Code Section 41.6.1(k) and 41-9) 078-280-042 (was 036-022-006) 2476 V7 Road, Oroville, CA 95966 See Attached Exhibit "A" OWNER(S) OR RECORD: (name and address) as of the date of Noncompliance: A.G. Miller, Sherman Lee & Joann Tobias, 3895 Lower Wyandotte Rd, Oroville, CA 95966 as of date of Compliance: Mark D. Evans ETAL and Mike H. Evans, 3201 Esplanade, Chico, CA 95973 NOTICE: As of May 16, 2006 all work needed to correct or abate the noncompliance specified in the Notice of Noncompliance recorded as document number 2001-0013897 has been completed and approved by the affected County department; and the required $300.00 fee has been paid. Therefore, this Notice of Compliance is being recorded pursuant to Butte County Code Section 41- 6.1(k) and 41-9. Signed by Date: /. J HOZ 41choe cstr Butte County Code Enforcement Officer State of California County of Butte On r° the 13fo of Dt)O , before me, Alc,Ge ,Notary Public, personally appeared, S who pr ed to me on the basis of satisfactory evidence to be the personK whose name(srY is subscribed to the within instrument and acknowledged to me that he/$hel%e3-executed the same in his/lrerfie-authorized capacity(jzs), "and that by his/jertthaw- signature(s)-en the instrument the person, or the entity upon behalf of which the personWacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS MY hand and official seal. ALICE ANN MEFFORD Commisslon # 1677636 Signata (seal) } '� Notary PUblIC - Calltornfo Lr Butte County My Comm. Explre3 Jul 22, 201 EXHIBIT "A" AP#078-280-042 All that certain real property situate in the County of Butte, State of California, described as follows: The Easterly 2 acres of Lot 3 in Block 22 of Villa Verona, according to the Official Map thereof, filed in the Office of the Recorder of the County of Butte, State of California, January 17, 1889. �uT TF BUTTE COUNTY RECEIPT Printed: 1/23/2009 } ° ° 7 County Center Drive 8:47 am ' ° ° Oroville, CA 95965 ° ° o ° CE153 Receipt Number: Case Number: CE -005305 i, Site Assessor's Parcel No.: 036-022-006 1" Owner: 4 Case Type:NUISANCE ABATEMENT Fee Description Account Number Fee Amount xl Remove Notice of Violation (, 0010-440001-4350903-10101 $300.00 Total Fees Paid: $300.00 Date Paid: 1/9/2009 - Paid By: MIKE & MARK EVANS Pay Method: Check 1002 Received By: AAM t, d, Butte County Department' of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds www.buttegeneralplan.net ADMINISTRATION * BUILDING' PLANNING MEMORANDUM FOR FUNDS TRANSFER To: Auditor -Controller's Office From: Development Services Subject: Funds Transfer Date: January 23, 2009 Please transfer the following amount(s) to the Butte County Clerk -Recorder's Office for: Notice of Compliance for: APN:078-280-042 (was 036-022-006) 2476 V7 Road, Oroville, CA 95966 Evans, Mark D. ETAL Evans, Mike H. Transfer Amount: $33.50 From Account: 0010-440001-4350903-101001 To Account: 1001-280-1011460 $31.00 for Recording fees for Notice of Compliance $2.50 for copies of Notice of Compliance Thank you for your attention to this matter. Cc: County Clerk -Recorder �tew�rs,{'Yi February 28, 2000 Sherman Lee & Joann Tobias 3895 Lower Wyandotte Road Oroville, CA 95966 RE: Formal Warning Notice Zoning Violation 2476 V7 Road, Oroville, CA AP#036-022-006 Dear Mr. & Mrs. Tobias: L A N D O F 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 January 24, 2000, 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 the accumulation of garbage for more than seven (7) days 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 24-140 - The C-2 (General Commercial) 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 C-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 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, Sherman Lee & Joann Tobias February 28, 2000 Page 2 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. 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. Asan 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 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 24-305.370 - 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 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 corrective or abatement 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. 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." Sherman Lee & Joann Tobias February 28, 2000 Page 3 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. Sincerely'4 , Gary Brown Lead Code Enforcement Officer GB:jb cc: Department of Development Services, Building Division 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, 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 February 28, 2000, 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 VIn 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. Sherman Lee & Joann Tobias 3895 Lower Wyandotte Road Oroville, CA 95966 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 February 28, 2000, at Oroville, California. Broderson