HomeMy WebLinkAbout079-270-046
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MERIAII, GENE C.
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Butte County Department
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
October 15, 2004
Gene C. Merian
12 Terrace Lane
Oroville CA 95966
RE: Formal Warning Notice
Butte County Code Violation
12 Terrace Lane, Oroville
AP# 036-220-125
Dear Gene C. Merian;
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Through our courtesy notice on August 11, 2004, 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.
2. The keeping of inoperable vehicles 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 24-95 - The AR -75 (Agricultural -Residential, 5 -acre
minimum parcel) 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 -5
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.
1,
Gene C. Merian
AP# 036-220-125
October 15, 2004
Page 2
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.
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.
2. Remove all inoperable/junk vehicles from the property.
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,
44,W --/)(U7 :In -
Scot Johnson
Code Enforcement Officer
SJ: glb
cc: Department of Development Services, Code Enforcement
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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. I 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 October 15, 2004,1 served the foregoing 10 Day Notice 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.
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.
X In the United States Postal Service Mail in Oroville, California.
Gene C. Merian
12 Terrace Lane
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 October 15, 2004 at Oroville,
California.
GQgr
es),
dict
O stant II