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Home My WebLink About079-270-010 079-x-70-0/0tj r RUFF, Hillis H. 332313 ' r 4180 Oro Bangor Hwy, Oroville� (addition) i _ Butte County Department ofDevelopment Services YVONNE CHRISTOPHER, DIRECTOR, www.buttecounty.net/dds 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile October 11, 2004 Dennis Family Living Trust Beatrce Dennis Trustee Oroville, CA 95966 RE: Butte County Code Violation 2440 V-7 Road, Oroville AN 036-220-038 Dear Ms. Dennis: 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. 3. The keeping of inoperable vehicles in public view. 4. Occupying a structure without a functioning disposal system. 5. Maintaining an unsafe structure. 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 e Dennis Family Living Trust AP# 036-022-038 October 11, 2004 Page 2 - J 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. • . Butte County Code, Chapter 19, Section 19-3 - Sanitary Sewage Disposal System Required. • 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 - C.B.C., 1998 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 c Dennis Family Living Trust AN 036-022-038 October 11, 2004 Page 3 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.. 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. • 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. Dennis Family Living Trust AP# 036-022-038 October 11, 2004 Page 4 • 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. 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. Dennis Family Living Trust AN 036-022-038 October 11, 2004 Page 5 In order to bring the property into compliance with the Butte County Code and avoid fiuther 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. 3. Remove all inoperable/junk vehicles from the property. 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:Ir cc: Department of Development Services, Code Enforcement