HomeMy WebLinkAboutCEAB SUMMARY ACTION MINUTES OF DECEMBER 10, 2003REGULAR MEETING OF THE BUTTE COUNTY
CODE ENFORCEMENT ADVISORY BOARD (CEAB)
SUMMARY ACTION MINUTES OF DECEMBER 10, 2003
1. CALL TO ORDER
The meeting was called to order at 3:04 p.m. by Chair Neil McCabe at the Klamath
Conference Room, 202 Mira Loma Drive, Oroville.
2. ROLL CALL
Board members present: Harold Corkin, Dee Hunter, Don Litton, and Neil McCabe.
Board members absent: Ned Kirkham
Staff present: Yvonne Christopher, Michael Vieira, and Dolores Horn from Butte County
Department of Development Services; Rob MacKenzie, County Counsel; Cyndi Mann, Butte
County. Administration; Tamara Miller and Steve Rodowick from Butte County Public
Works.
Others present:
Madelyn Henry;. Cathy Hodges,. Howard Martz,. Ada Martz, Don Steele, Sharon Townsend,
Norte J. Wheeler, and Mary Weston.
Chair McCabe stated that there was an amended agenda with the addition of Item 10 for
consideration 'of the Code Enforcement Advisory Board preparing a report and
recommendation to the Board of Supervisors (BOS).
3. _ ADOPTION OF THE MEETING MINUTES OF OCTOBER 15,20,03'
A motion was made by Dee Hunter, seconded by Harold Corkin and unanimously carried to
adopt the minutes of October 15, 2003 as amended.
Action: Chair McCabe requested the approved meeting minutes of October 15, 2003, be '
forwarded to the CEAB members with the next mailing for documentation purposes.
4. KICK-OFF UPDATE FOR ABANDONED VEHICLE ABATEMENT PROGRAM
Yvonne Christopher stated the AVA funds were recently received from the State, ' and the
towing process could begin contingent upon the approved towing agreements received from
the participating tow companies. Also discussed was how disbursements of the AVA funds
were formulated for the participating jurisdictions."
No action was taken on this item.
Butte County Department of Development Services ■ 7 County Center Drive ■ Oroville, CA ■ (530) 538-7604.
Page 1 of 4-.
5. NUISANCE EVALUATION FORM AND PROGRAM UPDATE
Michael Vieira discussed the new Nuisance -Evaluation form currently used, by Butte County
Code Enforcement: He explained the "factors" and "site conditions" listed on the form and
how they are used when scoring a Inuisance .property. He added the form assists in
prioritizing nuisance properties and provides documentation in the event the Administrative
Hearing Officer would require it in a court proceeding.
No action was taken on this item.
6. - COMMUNITY CLEAN-UP DISCUSSION
Steve Rodowick from Butte County Public Works Department distributed community clean-
up program handouts and discussed the program requirements, guidelines, and grant
application form. He added that there was a community clean-up grant application form
downloadable from the Public- Works web site.
No action was taken on this' item.
7. DISCUSSION OF PROPOSED REVISION TO BUTTE COUNTY CODE PROVISION
CONCERNING ALLOWABLE SQUARE FEET OF _JUNK BASED ON SIZE OF
PROPERTY (LARGE PARCELS) TO 1ST QUARTER NEXT YEAR (MARCH) ,
A motion was made by Dee Hunter to consider this proposed revision in March, 2004,
seconded by Harold Corkin but not unanimously approved.
Action: This item to be placed on March 10, 2004 agenda for discussion.
8.. CONSIDERATION OF A REPORT AND RECOMMENDATION TO THE BOARD OF
SUPERVISIORS FOR TWO CODE CHANGES:
A) DESIGNATION OF CODE ENFORCEMENT 'OFFICERS AS VEHICLE
APPRAISAL OFFICERS PER VEHICLE CODE SECTIONS 22669(A) AND
22855.
B) 7 -DAY PARKING LIMIT ON COUNTY MAINTAINED ROADS AND.,
HIGHWAYS
Action: Chair McCabe to present the two proposed code changes. to the Board of
Supervisors on January 27, 2004.
9. CONSIDERATION OF IMPOSING FENCING STANDARDS FOR THE STORAGE OF
JUNK BEHIND A FENCE
Action: Chair McCabe requested this item be carried over to the next meeting agenda.
Butte County Department of Development Services . ■ 7 County Center Drive ■ Oroville, CA ■ (530) 538-7604
Page 2 of 4
CODE, ENFORCEMENT ADVISORY BOARD MEMBERS WISHING. TO ADDRESS
ITEMS NOT LISTED ON THE AGENDA.
It was discussed that an update on the Abandoned Vehicle Abatement (AVA) program and
feedback on the. Nuisance Evaluation form;: initiated by CEAB, be presented to the Board of
Supervisors in January, 2004.
Action:, Chair McCabe was nominated to present a CEAB progress report to the Board of
Supervisors in January, 2004. Yvonne Christopher's was also requested to attend to present
an -update to the Board of Supervisors on the AVA program and Nuisance Evaluation form.
11. MEMBERS OF THE, PUBLIC • WISHING TO ADDRESS THE CODE ENFORCEMENT'
ADVISORY BOARD ON ITEMS NOT LISTED ON THE AGENDA.
A member from the public asked for a clarification on how a complaint was handled within
the code enforcement* division.
Michael Vieira explained the process and directed the individual to contact him directly if
further assistance was required.
12. DISCUSS DATE AND TIME FOR NEXT. MEETING.
The next meeting was set for March. 10, 2004, to be held in the Klamath Conference Room at
202 Mira Loma Drive, Oroville.
13. ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 5:00 p.m.
Butte County Department of Development Services ■ 7 County Center Drive ■ .Oroville, CA ■ (530) 538-7604
Page,3 of 4
ACTION ITEMS
FROM THE REGULAR MEETING OF THE BUTTE; COUNTY.
CODE ENFORCEMENT ADVISORY BOARD MEETING'
'OF DECEMBER 10, 2003
ACTION: RESPONSIBILITY
DUE `
- DATE
1. Action:
Place as agenda item - Discussion of proposed, • Staff/Y. Christopher
Next meeting of
revision to Butte County Code Provision concerning „ '
March -10, 2004.. .
allowable square feet of junk based on'size of
property (large parcels) to 1 S` quarter next year (March)..
2. Action:
Chair McCabe to attend next Board of Supervisors' Chair McCabe .
January 27, 2004
meeting to present two code changes:
BOS meeting.
a) Designation of code enforcement officer,as vehicle;
appraisal officers per vehicle. code sections 22669(A) and 22855.
b) 7 -Day parking limit on county maintained roads and
'highways.
3:' Action
Consideration of imposing fencing standards for the Staff/Y:,Christopher
Next meeting of .
Storage of junk behind a fence.
March .10, 2004
4. Action:
Yvonne Christopher's was requested to present an Yvonne Christopher.
January 27,-2004
update to,theBoard of Supervisors regarding the
BOS meeting.
AVA program and Nuisance Evaluation form
:at the January 27, 2004 meeting.
Butte County Department of Development Services ■ 7 County Center Drive ■ Oroville, CA ■•
(530) 538-7604
Page 4 of 4
Department of Development Services
BUTTE COUNTY CODE ENFORCEMENT ADVISORY BOARD MEETING
Location: Klamath Confererice Room, 202 Mira Loma Drive, Oroville
Date/Time: Wednesday, December 10, 2003 - 3:00 p.m. to 5:00 p.m.
SIGN -IN SHEET
Name, Mailing Address
,2
b �v
Phone/E-maiUFax /
A A, _ _ n,a,n, 14- w AIW / --I- J_'t'_eZ/ 'T'w'w1 ' 'w1 - ,O /
Butte County Department of Development Services ■ 7 County Center Drive ■ Oroville, CA ■ (530) 538-7604
Pagel of 3
BUTTE COUNTY CODE ENFORCEMENT ADVISORY BOARD MEETING
DECEMBER 10, 2003
SIGN -IN SHEET
Name Mailing Address Phone/E-maiffax
5
Q�e9.00CCV37
.i��1-e-er►� � U� /��.c�.,r.. L'e�s _ G� '�I S1Li 7
Butte County Department of Development Services ■ 7 County Center Drive ■ Oroville, CA ■ (530) 538-7604
Page 2 of 3
BUTTE COUNTY CODE ENFORCEMENT ADVISORY BOARD MEETING
DECEMBER 10, 2003
SIGN -IN SHEET
Name Mailing Address Phone/E-mail/Fax
Butte County Department of Development Services ■ 7 County Center Drive ■ Oroville, CA ■ (530) 538-7604
1
Page 3 of 3
Re: Page 1 of 3
Horn, Dolores
From: Neil McCabe [nmccabe@cmc.net]
Sent: Friday, February 20, 2004 12:27 PM
To: Horn, Dolores
Cc: MacKenzie, Robert
Subject: Re:
Dolores -
Thanks for the documents. I appreciate you sending these out in advance. My comments are as follows:
Amended 10/15/03 minutes. I agree that these do not need to be sent to the entire distribution list.
Thanks for making the corrections requested. I noted an additional item on page 2 which I believe is a
typo. It is in the sentence which reads: "CHP suggested that the Code Enforcement Advisory Board
recommend to the Board of Supervisors that there by no limitation on on street vehicle parking for
operating vehicles." Rather than no limitation, I believe it should say_.g limitation, meaning just the
opposite. (Was this mentioned at the December meeting? I'm not sure. If it was mentioned in our
discussion before adopting the minutes as corrected, you can simply correct it. If it_wasri't mentio_ned,_ ~ Iwould like you to correct it anyway, which I think you can do because it is simply a typo, and I will
mention at the next meeting what we have done to allow anyone to object if they dont agree.)
2/10/03 minutes. Item 7. It would be preferable to say that t " otion failed and state the vote (2-2?). ✓
Item 8. Please add aflie end of the "action" sentence: "with e CEAB's recommendation that the
changes be adopte!;�Vy
elieveItem 10. I breport was to be limited to the item 8 action. So, here, the first sentence of the
"action" should be changed to read "Chair McCabe will report to the Board of Supervisors on January
27, 2004, regarding the CEAB's recommendation that the two code changes discussed in item 8 be
adopted." Note: Thanks for attaching the "action" item list.
Agenda for 3/10/04. Item 4. Change "square fee" to "square feet" and delete "to first quarter next year
(March)".
JAdd new item: Report regarding presentations to Board of Supervisors on 2/24/04 by Yvonne
Christopher and Chair McCabe.
Labels. Thanks for furnishing this info.
Best regards,
Neil
Neil/Rob,
Here are the documents for your review if you did not receive them. I had a slight update to the
December 10, 2003 CEAB meeting minutes and that was my reason for recalling the message to
you.
2/24/2004
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Department of Development Serviceso._-c�._ = 0
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UN
CODE ENFORCEMENT ADVISORY BOARD MEETING
Location: 202 Mira Loma Drive, Oroville — Klamath Conference Room
Date: Wednesday, December 10, 2003
Time: 3:00-5:00 p.m.
l
AMENDED AGENDA
1. Call to Order — Neil McCabe,' Chairman
�r11 Call — Michael ieira, Secretary
Aod�bpeVminutestion of the meting of October 15, 2003 -Yvonne Christopher
4. -Kick-off Update for Abandoned Vehicle Abatement Program -Yvonne Christopher
5. Nuisance Evaluation Form and Program Update— Michael Vieira
-,/6.CommunityClean-up Discussion — Review memo dated August, 8, 2001, tilled
P
"Nuisance Abatement/Code Enforcement Programs" from Sean Farrell to the Board of
Supervisors, and Presentation - Steve Rodowick
7. Discussion of proposed revision to Butte County Code provision Concerning Allowable
,Square Feet of Junk Based on Size of Property (Large Parcels) to ls` quarter next year
(March) —'Rob MacKenzie
Butte County Department of Development Services ■ 7 County Center Drive ■ Oroville, CA ■ (530) 538-7604
Page 1 of 2
/8.Consideration• of two potential Butte County Code amendments: (Rob MacKenzie)
a) Designation of Code Enforcement Officers as Vehicle Appraisal Officers per
Vehicle Code Sections 22669(a) and 22855.
b) 7 -Day Parking Limit on County Maintained Roads and Highways
9. Consideration of Imposing Fencing Standards for the Storage of Junk Behind a Fence —
Yvonne Christopher
10. Consideration of the Code Enforcement Advisory Board making a Report and
Recommendations to the Board of Supervisors.
11. Code Enforcement Advisory Board members wishing to address items not listed on the
agenda. (The Code Enforcement Advisory Board is prohibited by State law from
taking action on any item presented if it is not listed on the agenda.)
12. Members of the public wishing to address the Code Enforcement Advisory Board on
items not listed on the agenda. (Presentations will be limited to five minutes. The
Code Enforcement Advisory Board is prohibited by State law from taking action on any
item presented if it is not listed on the agenda.)
13. Discuss Date and Time for Next Meeting.
Butte County Department of Development Services ■ 7 County Center Drive . ■ Oroville, CA ■ (530) 538-7604
Page 2 of 2
Butte County Code Enforcement Advisory Board
Meeting Minutes of October 15, 2003
The meeting was called to order at 3:06 p.m. in the Klamath Conference Room, 202 Mira
Loma Drive, Oroville.
2. Board members present: Dee Hunter, Ned Kirkham, Harold Corkin, and Chair McCabe.
Staff Present: Yvonne Christopher from the Department of Development Services;
Rob MacKenzie, County Counsel
Others present: Steve Rodowick from Public Works; Lt. Scott Gillingwater and Sgt. Phil
Jewett from California Highway Patrol; citizens Madelyn Henry, Norie Wheeler, Wanda
Chilton, Cathy Hodges, and Joy Hudson; Mary Weston from Oroville Mercury/Register.
Approval of Minutes for June 4, 2003
Chair McCabe requested the minutes reflect that the Cod, Enforcement Advisory Board
(CEAB) unanimously approved the Code Enforcement`- Nuisance Action Priority
Evaluation form and asked that Development Services report back to the Board on how the
form is working.
A motion was made by Dee Hunter, seconded by Harold Corkin and unanimously carried
to approve the minutes as amended.
4. Abandoned Vehicle Abatement Program Update
Yvonne Christopher reported that a meeting would be held shortly with the California
Highway Patrol (CHP) officers to work out the details of the program. 1
CHP stated that Butte County Code Enforcement is not allowed to tag junk and may need
to re-evaluate the procedure. He suggested that the Board recommend to.the Butte County
Board of Supervisors that they allow Code Enforcement to do so.
Rob MacKenzie responded that Butte County Code would need to be amended. He added
that at one time citizens were concerned about granting Code Enforcement authority to tag
junk and maybe it time to re-examine this.
A citizen asked if a photo could be sent to CHP to identify and classify as junk.
CHP responded that Code Enforcement was more than capable in determining what was
junk.
A citizen asked if CHP would go into the south side of Oroville. CHP responded by asking
"How much money do you have?"
Citizen Hodges said a sting approach is a good approach for P.R., but added the Board
must remember to also focus on individual cars on roads and private property..
CHP responded that there are limitations. He added tow yards have to be within a two mile
radius, and they must be stored for 15 days. -
Butte County Code Enforcement Advisory Board
Meeting Minutes of October 15, 2003
Page 2
Hunter stated the money recovered must go back into Code Enforcement fund and not the
General Fund.
Chair McCabe asked MacKenzie about the status of the tow agreements.
MacKenzie said he had drafted an agreement that parallels CHP's rotational contract.
Chair McCabe asked if there was anything else for the program kick-off other than tow
contracts to the Board and the naming of hearing officers.
Chair McCabe stated that an additional meeting would be needed in December to provide a
kick-off update.
CHP suggested that the Code Enforcement. Advisory Board recommend to the Board of
Supervisors that there be no limitation on on street vehicle parking for operating vehicles.
Rob MacKenzie stated the he had drafted a revised ordinance and was waiting to move
forward with another department's ordinance. He added he can now move forward.
Dee Hunter requested Rob MacKenzie to move forward on the ordinance.
MacKenzie responded that he would.
Hodges stated that roads are not publicly maintained. Public Works may show them as
publicly -owned, but the County does not maintain them or remove vehicles.
Citizen Madelyn Henry asked if the CHP can clean-up alleys in Stirling City.
CHP responded that they could.
5. Nuisance Evaluation Form Update
The form was revised and is in use with the code enforcement officers.
6: Community Clean-up Programs and Role of the Advisory Board
Chair McCabe read a resolution that established a community clean-up program.
Steve Rodowick (Supervisor of solid waste) stated that the current community program
provides every district with more than $5K, because the unused funds roll over.
Chair McCabe asked how to best utilize the funds. The response was to contact Steve
Rodowick, or fill out a form on the web site and submit to Public Works. Chair McCabe
asked who could apply.
Steve Rodowick replied that any community based organization could apply. They are
user-friendly.
Steve Rodowick also noted he has a handout regarding the program.
Butte County Code Enforcement Advisory Board
Meeting Minutes of October 15, 2003 '
Page 3
A citizen requested the CEAB review the handout.
Chair McCabe asked that the handout be attached to the minutes for Board members.
Steve Rodowick discussed mobile hazardous waste events. Citizens in the area of the event
get direct mail. He added that there would be no further burning after January 1, 2004. He .
asked if the CEAB could set time aside for brainstorming to coordinate with a multi -agency
approach to community clean-up. - One suggestion was a "zip code day at the dump."
Chair McCabe requested that the discussion of ideas for community clean-up be added to
the next agenda.
Yvonne Christopher announced the ordinance revision that lowered the fee for disposal of
refrigerator and appliances with compressors to $15.00. each at the landfill. She also
announced.that the County was having a Tire Amnesty Day on November 15, 2003.
A citizen asked if the CEAB could apply for Community- Development Block Grants
(CDBG). Ned Kirkham stated the CEAB is an advisory (not action) board. Grant
suggestions should be forwarded directly to Yvonne Christopher.
The next meeting date is scheduled for December 10, 2003 at 3:00 p.m.
There being no further business, the meeting was adjourned at 5:00 p.m.
" NUISANCE EVALUATION
APN: - - DATE: / '. / Officer:
Owner: - Phone:
Contact: s . _
- ... _ � Phone: ( )
Site Address: 'r
Brief description of conditions on property:
Length of Time Present: - J
Number of Complaints:
LEVEL Score
•
� `' • -
- • " , • , ' -
Factors
Site Conditions
NA
1r
2,
3
:4
' 5
Health/Safety• Hazard
. .
Near School, Children
Secured from entry
Pests, Odors
Affect on
^
Neighborhood
,
Visual bli ht
^
PHOTOS TAKEN: ` _ . - • � :� - � � M,
3 Total Score: s '
30. Day Letter:
Estimated
Abatement
10 Day Letter: / / • 'Costs
Citation:
J:\FORMSINUISANCE EVALUATION-R1.doc
BUTTE COUNTY DEVELOPMENT SERVICES
COMPLAINT FORM
Date:
Owner: _
Address:
Complaint/Violation Location:
TYPE: { } Building { } Health { } Planning
COMPLAINT:
AP#:
Zoning:
General Plan: f
Supervisorial District #:
f
{ )Housing
Complaint Taken By:
Caution: { } Yes Why:
Permit History on File { } None { } See Attached
Tenant:
Description of Violation:
INSPECTOR'S REPORT
Address:
Approx. Size of Bldg/MH: Approx. Age of Bldg/MH:
{ } Occupied Has Electricity.'{ } Yes { } No Has Gas/Propane- { } Yes { )'No
{ } Vacant Has Sanitation { } Yes { } No Obvious Sewage Problems { } Yes { } No
Under Construction { } Yes {. } No Built by/for { } Present Owner { } Previous Owner
Hazards: { } No { } Yes (explain)
Person Contacted: Describe Action Taken:
INSPECTOR MUST ATTACH A COPY OF THE CORRECTION NOTICEH
Inspector• Date:
ACTION RECOMMENDED
{ } Information Only, File { } Hold for Days
{
)Complaint Unfounded { } Other
{ } Resolved per Inspector's Report . { } Send Letter of Compliance
Inspector must draw a plot plan with all building locations on the back of this sheet.
Revised 102003 l l
r
BUTTE COUNTY DEVELOPMENT SERVICES
COMPLAINT FORM
This information is not available to the public!!!!!!!
DO NOT COPY FOR THE PUBLIC OR THE FIELD INSPECTOR!!
The following information is required for Housing Complaints and the
Complainant MUST BE the person living at the complaint address!
Complainant:
Address' -
Phone Number:
The above information is not available to the public!!!!!!!
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Ordinance No.
AN ORDINANCE DESIGNATING THE DIRECTOR OF DEVELOPMENT SERVICES AND
DESIGNEES AS VEHICLE APPRAISAL OFFICERS PURSUANT TO, VEHICLE CODE
PROVISIONS CONCERNING REMOVAL OF ABANDONED VEHICLES AND ESTABLISHING
A 7 -DAY PARKING LIMIT ON COUNTY -MAINTAINED ROADS_ AND HIGHWAYS IN THE
UNINCORPORATED AREAS OF THE COUNTY
The Board -of Supervisors of the County of Butte ordains as
follows: 32-
'1' ,
Section 1. Section 14-64 of the Butte County Code is,amended to ,read
as follows: "Sec. 14-64. Notice.To Abate Public Nuisance.
(a.) When the Director of Development Services or
designated representative (s) determines pursuant to, an
inspection of ,the property, that conditions existing,on the
premises constituting a violation of the provisions of this
Article' XII are the result of the existence on such
premises of any abandoned, wrecked, dismantled or
'inoperative vehicle, or parts thereof, the Director may
issue a fifteen -day notice of intention to abate and remove
the vehicle, or parts thereof, as, a .public nuisance. The
notice shall be mailed by registered or certified mail with
return receipt, to the owner of the,land and to.the owner
of the vehicle, unless the vehicle is in such condition
that identification numbers are not available to determine.
ownership. This notice shall contain:
(1) The street address and such other
description as is required .to identify the premises on
which the vehicle or parts thereof are located.
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(2) The identity of the vehicle or parts thereof
to be abated.
(3) A statement that the Director of Development
Services has found the vehicle or parts thereof to be a
public nuisance as specified in this Article with a
reference to the applicable section hereof, and to other
sections of the County Code, if applicable, including
sufficient detail to provide the owner with information as
to the conditions constituting the alleged nuisance.
(4) A statement of the action required to be
taken as determined by the Director of Development
Services, and that such action is to be completed within
ten -days after the mailing of the notice.
(5) A statement providing fora hearing by the
hearing examiner upon written request to the Director of
Development Services by the owner of the premises on which
the vehicle or parts -thereof is located or by the owner of
the vehicle or parts thereof within ten days after the
mailing of the notice.
(b.) The notice shall be sent certified mail, postage
prepaid, to the owner of the premises as shown on the
latest equalized assessment roll of the county using such
address as may be shown by such assessment roll or such
other address as may be known by the Director of
Development Services and to the last registered and legal
owner of record of the vehicle unless the vehicle or parts
thereof are in such condition that identification numbers
2
1 are not available to determine ownership. The failure of
2 the Director of Development Services to serve any person
3 required herein to be served• shall not invalidate any
4 proceedings hereunder as to any other person duly served or
�5 relieve any such' person duly served from any duty or
6 obligation imposed on him by the. provisions 'of this
7 Article.
8 (c.) Upon issuance of the notice, the Director of
9 Development Services may provide additional notice by
10 posting a copy. thereof conspicuously on the vehicle or
11 parts to be abated.
-12 (d.) Provided, however,. a notice of intention to abate
13 shall, not be required if (1) the property owner and the
14 owner of, the vehicle have signed releases authorizing
15 removal and waive further interest in the vehicle or part
16 thereof, or (2) all of the following conditions are
17 satisfied:
18 1) the vehicle or part thereof is inoperable due to
19 theabsence of a motor, transmission, or wheels and
20 incapable of being towed;
21 2) the vehicle or part thereof is valued at less than
22 two hundred dollars ($200) by a person specified in vehicle
23 code section 22855;
24 3) the Director of Development Services has determined
25 that the vehicle or part thereof is a public nuisance
26 presenting an immediate threat -to public health or safety
27 4) the property owner has signed a release authorizing
28 3
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the removal and waiving further interest in the vehicle or
part thereof; and
5) the vehicle or part thereof is located upon a
parcel that is either zoned -for agricultural use`or is not
improved with a residential structure,
If a vehicle is removed pursuant to subdivision (2), prior
to final disposition, the registered and legal owner shall
be notified by the Director of Development Services of the
intent to dispose of the vehicle or'part thereof. If the
vehicle or part is then not claimed and ,removed from the
scrapyard, automobile dismantler's yard or public -disposal
area within 12 days after the notice,to dispose of vehicle
is mailed, disposition may proceed without further notice,
or administrative proceedings. Neither the county nor its
contractor shall be liable for damage to a vehicle or part
thereof caused by removal pursuant to this subsection.
A
(e.) The Director of Development Services and his/her
designees' are designated vehicle appraisal officers,
pursuant to Vehicle Code Sections 22669(a) 'and 22855, for
the purposes set forth in the Vehicle Code, Division 11,
Chapter 10, entitled `Removal of Parked and Abandoned
Vehicles', commencing with Section 22650."
Section 2. Section 14-49 is added to the Butte County Code to read
as follows:
"14-49 Maximum consecutive parking hours - Parking
restriction.
No person who owns a vehicle.or has possession, custody or
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n
control of any vehicle shall park such vehicle upon any
County -maintained road or highway for a consecutive period
of more than 168 hours (7 days)."
Section 3. Severability.
If any provision of this Ordinance or the application thereof to
any person or circumstances is for any reason held to -be invalid by
a court of competent jurisdiction, such provision shall be deemed
severable, and the invalidity thereof shall not affect the remaining
provisions or other applications of the Ordinance which can be given
effect without the invalid provision or application thereof.
Section 6. Effective Date and Publication. This Ordinance shall take
effect thirty (30) days after the date of its passage. The Clerk of
the Board of Supervisors is authorized and directed to publish this
ordinance before the expiration of fifteen (15) days after its
passage. This Ordinance shall be published once, with the names of
the members`of the Board of Supervisors voting for and against it, in
the a newspaper of general
circulation published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the day of ,
2001, by the following vote:
AYES:
NOES: ,
ABSENT:
NOT VOTING:
5
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R.J. Beeler, Chair of the
• Butte, County Board of Supervisors
ATTEST:
PAUL McINTOSH, Chief
Administrative Officer
and Clerk of the Board -a
By
g:\ordinance\nuisance ord amendments 03-04
t
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Department of Development►Services. -
CODE ENFORCEMENT ADVISORY BOARD MEETING
Location: 202 Mira Loma Drive, Oroville — Klamath Conference Room
Date: Wednesday, December 10, 2003
Time: 3:00-5:00 O.M.
AMENDED AGENDA
1. Call to Order — Neil McCabe, Chairman
2. Roll Call — Michael Vieira, Secretary
Adoption of the meeting minutes of October 15, 2003 - Yvonne Christopher -
[Vo Flub Kick-off Update for Abandoned Vehicle Abatement Program -Yvonne Christopher
5. Nuisance Evaluation Form and Program Update — Michael Vieira
`fir, ,6E =6. Community Clean-up Discussion — Review memo dated August 8, 2001, titled
1/vu-vuA , "Nuisance Abatement/Code Enforcement Programs" from Sean Farrell io the Board of
Supervisors, and Presentation - Steve Rodowick -•
i. Discussion of proposed revision to Butte County Code provision Concerning Allowable
Square Feet of Junk Based on Size of Property (Large Parcels) to ls` quarter next year
WA/tUAt
(March) — Rob MacKenzie
Butte County Department of Development Services ■ 7 County Center Drive ■ Oroville, CA ■ x(530) 538-7604
Page 1 of 2
8. Consideration of two potential Butte County Code amendments: (Rob MacKenzie)
a) Designation of Code Enforcement Officers as Vehicle Appraisal Officers per
Vehicle Code Sections 22669(a) and 22855.
b) 7 -Day Parking Limit on County Maintained Roads and Highways
9. Consideration of Imposing Fencing Standards for the Storage of Junk Behind a Fence —
Yvonne Christopher
0. Consideration of the Code Enforcement Advisory Board making a Report and
Recommendations to the Board of Supervisors.
11. Code Enforcement Advisory Board members wishing to address items not listed on the
agenda. (The Code Enforcement Advisory Board is prohibited by State law from
taking action on any item presented if it is not listed on the agenda.)
12. Members of the public wishing to address the Code Enforcement Advisory Board on
items not listed on the agenda.' (Presentations will be limited to five minutes. The
Code Enforcement Advisory Board is prohibited by State law from taking action on any
item presented if it is not listed on the agenda.)
13. Discuss Date and Time for Next Meeting.
Butte County Department of Development Services ■ 7 County Center Drive ■ Oroville, CA ■ (530) 538-7604
Page 2 of 2
4
Community Clean-up Programs
1 %
Community. Service .Requirement' � Y
(Haulers)
Section 31-35. Performance Standards.
C. Community Service.Requirements.
Each Licensee shall provide'a minimum of two (2) free cleanup events
annually, as directed by the County SWM. Each Licensee shall annually
..
ollect a minimum of ten (10) tons of Solid Waste or 1% of the weight of
the solid waste the, licensee collected in the previous year, whichever is
greater.
Community Clean-up Grants
Approved through County Supervisors Office. Grant can fund landfill
fees and haul charges by the Disposal Companies. Sign up through
County Supervisor. of Public Works.Department.
a z
Adopt -a Highway
Ongoing Clean-up of particular 2 -mile section of County roadway: Sign
up by calling County Public Works Department.
COMMUNITY CLEANUP GRANT PROGRAM GUIDELINES
The following guidelines have been established to achieve the desired goals, which
are:
1: Keep Butte County clean
2. Divert waste from the Neal Road Landfill through reuse and recycling
Criteria:
• The cleanup must be a broad-based community effort such as a community or
neighborhood cleanup program (established 3/98)
• The cleanup event must include public property and provide a general public.
benefit (established 3/98)
• Groups must make an effort to recycle as much of the collected material as is
practicable (established 3/98)
• Cleanup organizers must verify proof of residency for all participants in cleanup
events (approved 8/02)
• Encourage S.T.A.R.S. volunteers to participate in cleanup events (approved,
8/02)
Funding:
• Allocate $5,000 per Supervisory district per calendar year (approved 8/02) "
• Maximum grant award $2,000 per group/per event (approved 8/02)
• Grant funds maybe used for dumpster rental and hauling costs (approved 8/02)
• Roll-over unspent funds from the previous year (approved 8/02)
• Allow option to re -allocate unused funds to districts with a greater need upon
concurrence of both Supervisors (approved 8/02)
Last revised 8/02
Ct
pOWTMEN), Da
6UIr
°
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c�U N,�
A�QQC WOP�9 .
Departinent -of -Publi-c Works
C o u n t y o f B u t t e
J. Michael Crump, Director
Warner Phillips, Assistant Director
COMMUNITY CLEANUP GRANT
APPLICATION FORM
7 County Center Drive
Oroville, CA 95965
(530)538-7681
(FAX) 538-7171
Please either type or print your response. Applications should be returned to the Butte
County Public Works Department at the address listed above at least three weeks
prior to the cleanup event. The County reserves the right to reject any application.
1. Sponsor or Group Information Amount Requested
Group Name:
Contact Person:
Contact Address:
City & Zip:
Phone: FAX:
Email:
License Plate #:
2. Type of Project (check all that apply)
❑ Illegal "dumpsite cleanup
❑ Roadside litter cleanup
❑ Annual community cleanup
❑ Other (briefly explain):
3. Materials to be cleaned up. Please, provide estimated quantities (in tons unless
otherwise specified) of garbage that will be cleaned up.
❑ Appliances (each)
❑ Tires (each)
❑ Furniture/carpet (each)
❑ General litter or household garbage
❑ Mattresses/box springs (each)
❑ Other:
Total estimated tons of garbage to be picked up
Date(s) of proposed cleanup
J:\Code Enforcement Adv. Board\Dec 10, 2003 Mtg\grant application.doc
C�
t
4. Location of site or clean-up area, Be very specific. (i.e., Main St. from Maple to
Sycamore St.)
Location:
Please indicate if this is a City or County area:
Other Information
5. Please identify who will transport the materials from the clean=up site to the Neal
Road landfill. Remember that grant funds applied to cover the cost of landfill tipping
fees can only be used for the Neal Road Landfill in Butte County. Out -of -County
landfills or facilities are not eligible.
a. Personal vehicles (pickups, trailers, etc.) Please note:,You will be required to
provide vehicle license numbers before a landfill pass can be authorized. No
substitutions.
Estimated Number of loads
b. Commercial vehicles (Company sponsor's vehicles). , You will be required to
provide vehicle license numbers before a landfill pass -can be authorized. No
substitutions. I
Estimated Number of loads
c. Garbage Company (Specify company)
6. Community Cleanup Grant funds can be used for costs associated with. dumpster
rental. The following information must be completed if you are applying for dumpster
rental fees..A sample is shown on the first line. This information should be provided
by a representative from the garbage company that will be providing the dumpsters.
Garbage Company .
Contact Person & Phone
Number Size Cost Hauling Fee
8. Please list all recyclers* you have contacted and briefly. explain the recycling
measures you will undertake to divert as much material as possible from the Neal
Road Landfill.
Recycling Center
Explain recycling plans: '
*Refer to the attached list of Butte County recyclers or use other sources.
"SPECIAL LIMITATIONS" ,
Waste motor oil, solid and liquid chemicals, latex and oil-based paints, batteries, and
other household hazardous waste may not be disposed of in the Neal Road Landfill.
Residents should be instructed to use the Butte Regional Household Hazardous Waste
Facility, located -at 1101 Marauder Street in .the Chico Airport Industrial Park. The
facility is open from 9am to 1 pm Fridays and Saturdays and is free to all Butte County
households.' Proof of residency is required. Call 1-866-429-2288 for more information.
Please return this form to the Butte County Public Works Department. If you have any
questions, please call the Solid Waste Division at 538-7492.
This form' is now available online in a downloadable MS Word format or as a .pdf file.
Please visit our website. at:
www.buttecounty.net/publicworks i
Or access the form directly by typing: '
www.buttecounty.net/publicworks/solidwaste/comm_cleanup.html
Authorization of Grant Funding:
Supervisorial District
Signature of Supervisor
COMMUNITY CLEANUP GRANT PROGRAM GUIDELINES
The following guidelines have been established to achieve the desired goals, which -
are:
1. Keep Butte County clean
2. Divert waste from the Neal Road Landfill through reuse and recycling
y
Criteria:
The cleanup must be a broad-based community effort such as a community or
neighborhood cleanup program (established 3/98)
• The cleanup event must include public property and provide a general public
benefit (established 3/98)
• Groups must make an effort to recycle as much of the collected material as is
. practicable (established 3/98)
• Cleanup organizers must verify proof of residency for all participants iii cleanup
events (approved 8/02)
• Encourage S.T.A.R.S. volunteers to participate in cleanup events (approved
8/02)
Funding:
• Allocate $5,000 per Supervisory district per calendar year (approved 8/02)
• Maximum grant award $2,000 per group/per event (approved 8/02)
• Grant funds may be used for dumpster rental'and hauling costs (approved 8/02)
• Roll-over unspent funds from,the previous year (approved 8/02)
• Allow option to re -allocate unused funds to districts with a greater need upon
concurrence of both Supervisors (approved 8/02)
Last revised 8/02
o�Q�TM'�r o�
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oc
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�` c0 U t4l
A�QC WOA�S
Department of. Public ,Works
C o u n t y' o.f B u t t e
J. Michael Crump, Director
Warner Phillips, Assistant Director
' s
COMMUNITY CLEANUP GRANT
APPLICATION FORM
7 County Center Drive
Oroville, CA 95965
(530)538-7681
(FAX) 538-7171
Please either type or print your response. Applications should be returned to the Butte
Courity Public Works Department at the address listed above at least three weeks
prior to the cleanup event. The County reserves the right to reject any application.
1. Sponsor or Group Information Amount Requested
Group Name:
Contact Person:
Contact Address:
City & Zip:
Phone: FAX:
Email: -
License Plate #:
2. Type of Project (check all that apply)
❑ Illegal dumpsite cleanup
Roadside litter cleanup
❑ Annual community cleanup
❑ ' Other (briefly explain):
3. Materials to be cleaned up. Please provide estimated quantities (in tons unless
otherwise specified) of garbage that will be cleaned up.
❑ Appliances (each)
❑ Tires (each)
❑ Furniture/carpet (each)
❑ General litter or household garbage
❑ Mattresses/box springs (each)
❑ Other:
Total estimated tons of garbage to be picked up
Date(s) of proposed cleanup
J:\Code Enforcement Adv. Board\Dec 10, 2003 Mtg\grant application.doc
F
4. Location of site or clean-up area. Be very specific. (i.e., Main St. from Maple to
Sycamore St.)
Location:
Please indicate if this is a City or County area:
Other Information
5. Please identify who will transport the materials from the clean-up site to the Neal
Road landfill. Remember that grant funds applied to cover the cost of landfill tipping
fees can only be used for the Neal Road Landfill in Butte County. Out -of -County
landfills or facilities are not eligible.
a. Personal vehicles (pickups, trailers, etc.) Please note: You will be required to
provide vehicle license numbers before a landfill pass can be authorized. No
substitutions.
Estimated Number of loads
b. Commercial vehicles (Company sponsor's vehicles). You will be required to
provide vehicle license numbers before a landfill pass can be authorized. No
substitutions.
Estimated Number of loads
c. Garbage Company (Specify company)
6. Community Cleanup Grant funds can be used for costs associated with dumpster
rental. The following information must be completed if you are applying for dumpster
rental fees. A sample is shown on the first line. This information should be provided
by a representative from the garbage company that will be providing the dumpsters.
Garbage Company
Contact Person & Phone
Number Size Cost Hauling Fee
8. Please list all recyclers*, you have, contacted and briefly explain the recycling
measures you will undertake to divert as much material as possible from the Neal
Road Landfill.
Recycling Center
Explain recycling plans:
*Refer to the attached list of Butte County recyclers or use other sources.
"SPECIAL LIMITATIONS"
Waste motor. oil, solid and liquid chemicals, latex and oil-based paints, batteries, and
other household hazardous waste may not be disposed of in the Neal Road Landfill.
Residents should be instructed to use the Butte Regional Household Hazardous Waste
Facility, located at 1101. Marauder Street in the. Chico Airport Industrial Park. The
facility is open from 9am to 1 pm Fridays and Saturdays and is free to all Butte County,
households. Proof of residency is required. all 1-866-429-2288 for more information.
Please return this form to the Butte County Public Works Department. If you have any
questions, please call the Solid Waste Division at 538-7492.
This form is now available online in a downloadable MS Word format or as a .pdf file.
Please visit our website at:
www.buttecounty.net/publicworks
Or access the form directly by typing: .
www.b,uttecounty.net/publicworks/solidwaste/comm . cleanup.htmi
Authorization of Grant Funding:
Supervisorial District
Signature of Supervisor
4
Department of Public Works
C o u n t y o f B u t t e
J. Michael Crump, Director
Warner Phillips, Assistant Director
COMMUNITY CLEANUP GRANT
APPLICATION FORM
7 County Center Drive
Oroville, CA 95965
(530) 538-7681
(FAX) 538-7171
Please either type or print your response. Applications should be returned to the Butte
County Public Works Department at the address listed above at least three weeks
prior to the cleanup event. The County reserves the right to reject any application. .
1. Sponsor or Group Information
Group Name:
Contact Person:
Contact Address:
City & Zip:
Phone:
Email:
License Plate #:
2. Type of Project (check all that apply)
❑ Illegal dumpsite cleanup
❑ Roadside litter cleanup
❑ Annual community cleanup_
❑ Other (briefly explain):
Amount Requested {
3. Materials to be cleaned up. Please provide estimated quantities,(in tons unless
otherwise specified) of garbage that will be cleaned up.
❑ Appliances (each)
❑ Tires (each)
❑ Furniture/carpet (each)
❑ General litter or household garbage
❑ Mattresses/box springs (each)
❑ Other:
Total estimated tons of garbage to, be picked up
Date(s) of proposed cleanup
J:\Code Enforcement Adv. Board\Dec 10, 2003 Mtg\grant application.doc
a
4. Location of site or clean-up area. Be very specific. (i.e., Main St. from Maple to
Sycamore St.)
Location:
Please indicate if this is a City or County area:
Other Information
5. Please identify who will transport the materials from the clean-up site to the Neal
z Road landfill. Remember that grant funds applied to cover the cost. of landfill tipping -
fees can only be used for the Neal Road Landfill in Butte County. Out -of -County
landfills or facilities are not eligible.
a. Personal vehicles (pickups, trailers, etc.) Please note: You will be required to .
provide vehicle license numbers before a landfill pass can be authorized. No
substitutions.
Estimated Number of loads
b. Commercial vehicles (Company sponsor's vehicles). You will be required to
provide vehicle license numbers before a landfill pass can be authorized. No
substitutions.
Estimated Number of loads
c. Garbage Company (Specify company)
6. Community Cleanup Grant funds can be used for costs associated with dumpster-
rental. The following information must be completed if you are applying for dumpster
rental fees. A sample is shown on the first line. This information should be provided
by a representative from the garbage company that will be providing the dumpsters.
Garbage Company
Contact Person & Phone
Number Size Cost Hauling Fee
8. Please list all recyclers* you have contacted and briefly `explain the recycling
measures you will undertake to divert as much material as possible from the Neal
Road Landfill. '
Recycling Center
Explain recycling plans: -
,
*Refer to the attached list of Butte County recyclers or use other sources.
**SPECIAL LIMITATIONS"
Waste motor oil, solid and liquid chemicals, latex and oil-based paints, batteries,, and
other household hazardous waste may not be disposed of in the Neal Road Landfill.
Residents should be instructed to use the Butte Regional Household Hazardous Waste
Facility, located at 1101 Marauder Street in the Chico Airport Industrial Park. The
facility is open from 9am to 1 pm Fridays and Saturdays and is free to all Butte County
households. Proof of residency is required. Call 1-866-429-2288 for more information.
Please return this form to the Butte County Public Works Department. If you have any
questions, please call the Solid Waste Division at 538-7492.
This form is now available online in a downloadable MS WordJormat or as a .pdf file.
Please visit our website at:
www.buttecounty.net/publicworks
Or access the form. directly by typing:
www.buttecounty.net/publicworks/solidwaste/domm_cleanup.html
Authorization of. Grant Funding:
Supervisorial District
Signature of Supervisor
"Wke-re tke People owni the Water and Power„
TO: Butte County Department of Development Services November 20, 2003
Abandoned Vehicle Abatement Service
7 County Center Drive
Oroville, CA 95965
RE: AVA Service Authority Member Meeting Participation
Yvonne Christopher,
The City of Biggs is making the following appointments to the Butte County Abandon Vehicle
Abetment Service Authority Board of Directors Representative and Alternate.
City Representative:
Erin Dougherty
City Code Enforcement Officer
P.O. Box 307
Biggs, CA 95917
Phone: (530) 868-5447
Fax: (530) 868-5239
e-mail: planning@biggs-ca.gov �, c� 14t_ v % C C--) rye
Alternate Representative:
Randy Cagle
City Administrator
P.O. Box 307
Biggs, CA 95917
Phone: (530) 868-5493
Fax: (530) 868-5239
e-mail: biggsl@biggs-ca.gov
Sincerely,
Ot
Sharleta Callaway
Mayor, City of Biggs
465 C Street. P.O. Box 307. Biggs, Califomia 95917-0307
(530) 86&5493. Fax (530) 868-5239
1180/1003 11:20 AM
TO 39Vd S99IS 30 AII0 6£Z5-898-OEG 91:£i E00Z/0Z/ii
/
f
"Wke-re tke People owni the Water and Power„
TO: Butte County Department of Development Services November 20, 2003
Abandoned Vehicle Abatement Service
7 County Center Drive
Oroville, CA 95965
RE: AVA Service Authority Member Meeting Participation
Yvonne Christopher,
The City of Biggs is making the following appointments to the Butte County Abandon Vehicle
Abetment Service Authority Board of Directors Representative and Alternate.
City Representative:
Erin Dougherty
City Code Enforcement Officer
P.O. Box 307
Biggs, CA 95917
Phone: (530) 868-5447
Fax: (530) 868-5239
e-mail: planning@biggs-ca.gov �, c� 14t_ v % C C--) rye
Alternate Representative:
Randy Cagle
City Administrator
P.O. Box 307
Biggs, CA 95917
Phone: (530) 868-5493
Fax: (530) 868-5239
e-mail: biggsl@biggs-ca.gov
Sincerely,
Ot
Sharleta Callaway
Mayor, City of Biggs
465 C Street. P.O. Box 307. Biggs, Califomia 95917-0307
(530) 86&5493. Fax (530) 868-5239
1180/1003 11:20 AM
TO 39Vd S99IS 30 AII0 6£Z5-898-OEG 91:£i E00Z/0Z/ii
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1v.
Ordinance No.
AN ORDINANCE DESIGNATING THE DIRECTOR OF DEVELOPMENT SERVICES AND
DESIGNEES AS VEHICLE APPRAISAL OFFICERS PURSUANT TO. VEHICLE CODE
PROVISIONS CONCERNING REMOVAL OF ABANDONED VEHICLES AND ESTABLISHING
A 7 -DAY PARKING LIMIT ON COUNTY -MAINTAINED ROADS AND HIGHWAYS IN THE
UNINCORPORATED AREAS OF THE COUNTY
The Board of Supervisors of the County of Butte ordains asl
follows:
Section 1. Section 14-64 of the Butte County Code is amended to read
as follows: "Sec. 14-64. Notice To Abate Public Nuisance.
(a.) When the Director of Development Services or
designated representative (s) determines pursuant to an ry
inspection of the property, that conditions existing on the
premises constituting a violation of the provisions of this
Article XII are the result of the existence on such
premises of any abandoned, wrecked, dismantled or
inoperative vehicle, or' parts thereof, the Director may
issue a fifteen -day notice of intention to abate and remove
the vehicle, or parts thereof, as a public nuisance. The
notice shall be mailed by registered or certified mail with
return receipt, to the owner of the land and to the owner
of the vehicle, unless the vehicle is in such condition
that identification numbers are not available to determine
ownership. This notice shall contain:
(1) The street address and such other
description as is required to identify the premises on
which the vehicle or parts thereof are located.
1,%
1 (2) The identity'of the vehicle or parts thereof
2 to be abated.
3 (3) A statement that"the,Director of Development
4 Services has found the vehicle or parts thereof to be a
5 public nuisance as specified in this Article with a
6 reference to the applicable section hereof,- and to other
7 sections. of the County Code, if applicable, including
8 sufficient detail to provide the owner with information as
9 to the conditions constituting the alleged nuisance.
10 (4) A statement of. the , action required to be
11 taken as determined by the Director of Development
12 Services, and that such action is to be completed within
13 ten days after the mailing of the notice.
14 (5) A statement providing for a hearing by the
15 hearing examiner upon written request to the Director of
16 Development Services by the,owner of the premises on which
17 the vehicle or parts thereof is located or by the owner of
18 the vehicle or parts thereof within ten days after the
19 mailing, of .the notice.
20 (b.) The notice shall be sent certified mail, -postage
21 prepaid, to the owner of the premises as shown on the
22 latest equalized assessment roll of the county using such
23 address as may be. shown by such assessment•roll or such
24 other address as may be known by the Director of
25 Development Services and to.the last registered and legal
26 owner of record of the vehicle unless the vehicle or parts
27 thereof are in such condition that identification numbers
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are not available to determine ownership. The failure of
.the Director of Development Services to serve any person
required herein to be served.shall not invalidate any
proceedings hereunder as to any other person duly served or
relieve any such person duly served from any duty or
obligation imposed on him by 'the provisions of this
Article.
(c.) Upon issuance of the notice, the Director of
Development Services may provide additional 'notice by
posting a copy thereof conspicuously on the vehicle or
parts to be abated.
(d.) Provided, however-, a notice of intention to abate
shall not be required if (1) the property owner and the
owner of the vehicle have signed releases authorizing
removal and waive further interest in the vehicle or part
thereof, or (2) all of the following conditions are
satisfied: r
1) the vehicle or part thereof is inoperable due to
the absence of a motor-, transmission, or wheels and
incapable of being towed;
2) the vehicle or part thereof is valued at,less than
two hundred dollars ($200) by a person specified in vehicle
code section 22855;
3) the Director of Devel'opment'Services has determined
that the vehicle or part thereof is a. public nuisance
presenting an immediate threat to.public health or safety
4) the property owner has signed a release authorizing
3
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1 the removal and waiving further. interest. in the vehicle or
2 part thereof; and
3 t 5) the vehicle or part thereof is located upon a
4 parcel that is either zoned for agricultural use or is not
5 improved with a residential structure,
6 If a vehicle is removed pursuant to subdivision (2), prior
7 to final disposition, the registered and legal owner shall
8 be notified by the Director of Development Services of the
9 intent to dispose of the vehicle or part thereof. If the
10 vehicle or part is then not claimed and removed from the
11 scrapyard, automobile dismantler's yard or public disposal
12 area within 12 days after the notice to -dispose of vehicle
13 is mailed, disposition may proceed -without further notice
14 or administrative proceedings. Neither the county nor its
15 contractor shall be liable for damage to a vehicle or part
16 thereof caused by removal pursuant to this subsection.
17 (e.) The Director of Development Services and his/her
18 designees are designated vehicle appraisal. officers,
19 pursuant to Vehicle Code Sections 22669(a) and 22855, for
20 the purposes set forth in' the Vehicle Code, Division 11,
21 Chapter 10, entitled `Removal of Parked and Abandoned
22 Vehicles', commencing with Section 22650."
23 Section 2. Section 14-49 is added to the Butte County Code to read
24 as follows:
25 "14-49 Maximum consecutive parking hours - Parking
26 restriction.
27 No person who owns a vehicle or has possession, custody or
28 4
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control of any vehicle shall park such vehicle upon• any'
County -maintained road or highway for a consecutive period
of more than 168 hours (7 days)." '
Section 3. Severability.
If any provision of this Ordinance or the application thereof to
any person or circumstances is for any reason held to be invalid by
a court of competent jurisdiction, such provision shall be deemed
severable, and the invalidity thereof shall not affect the remaining
provisions or other applications bf the Ordinance which can be given
effect without the invalid provision or application thereof.
Section 6. Effective Date and Publication. This Ordinance shall take
effect thirty (30) days after the date of its passage. The Cierk of
the Board of Supervisors is authorized and -directed to publish this
ordinance before the expiration of fifteen. (15) days after its
passage. This Ordinance shall be published once,.with the names of
the members of the Board of Supervisors voting for and against it, in
the a newspaper of general
circulation -published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the day of ,
2001, by the following vote:
AYES:
NOES:
ABSENT
NOT VOTING:
E
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R.J. Beeler,- Chair of the
Butte County Board of Supervisors
ATTEST:
PAUL McINTOSH, Chief
Administrative Officer
and Clerk of the Board
By.
g:\ordinance\nuisance ord amendments 03-04
6
• y.
y�_ roe-- • .
t, G
'r i w.AGENDA Nf•ORMATION.
. AUG 141001
a�UT7'
IN_iER0FFICEj',.-.-EMORANDUM, o
- + c�UN�
TO: Board of Supervisors `Administrative Office
Phone:.
FROM: Sean B. Farrell, •Deputy Administrative Office Fax: 538=7120
SUBJECT: Nuisance Abatement/Code•Enforcement'Prograrns ,
'DATE. j August 8, 2001 ,
- o
On July. 13, 2001,'the Board of Supervisors held a special meeting/workshop to facilitate discussion with the public ,
and County staff regarding Butte County's nuisance abatement/code enforcement process. The Board of Supervisors -.
directed County staff to workwith the neighborhood groups who have brought this matter forward to'develop a plan
which will provide recommendations on how to improve the C6unty's nuisance abatement/code enforcement process
and to provide options on possible fundiing sources. j
'-The purpose of this report is to provide the Board of Supervisors with an update of staffs progress with this project. `
Following the Board of Supervisors' special 'meeting; a Working:' was formed which included staff from the
Development Services Department, Public Health Departriment; District Attorney's Office, Fire Department, Chief
Administrative Office,'County Counsel, Public Works, Treasurer-Tax Collector's Office, Auditor-Controller's
Office, and the Courts. This working group has.met on two occasions`and members of the working group have also
met with representatives from the neighborhood groups to exchange information and to include their input in this
process:
County staff and representatives from neighborhood groups have identified a number of options that should-be.
-fiu-ther considered'to improve the County's nuisance abatement/code enforcement process. Much of the working,
group's time has been spent contacting other agencies, brainstorming, and discussing options thatmay be feasible for
Butte County. The options have been organized into five'major areas, which include revisions to County Code,
oversight of the nuisance abatement/code enforcement process, `.`reduced cost.' clean up programs, potential finding .
opportunities, and liability considerations. ' '
Staff has contacted several,, agencies that currently have active nuisance abatemetit.programs. All of the-agencies
contacted thus far have indicated that their nuisance abatement programs are not self-funding. While their programs %
vary in, activity and structure,, they "all rely on the use of general purpose revenue to keep the program going: While
staff has identified several funding opportunities that may help-to minimize the future need-for general purpose
revenue, it is estimated that Butte County would need'a minimum of $50,00046r each of the next five years to
implement a viable nuisance abatement/code enforcement program.; After this period of;time the County
'should
begin to recoup at least a portion of its. costs through tax liens, which would allow for a reduction in general purpose
revenue support. '
Obviously, the Board of Supervisors will need to consider the priority of this resource need as compared to other
needs within the County. If the Board'of Supervisors wishes to move forward with the improvement of the County's
nuisance abatement/code enforcement process, the Board could direct staff to further explore the presented options,
or selected options as determined by the Board, and direct staff to return to the Board of Supervisors with a
recommended implementation plan within six weeks.
OPTIONS FOR REVISIONS TO COUNTY CODE
Revise Chapter 32 A to Designate the Department of Development Services as the Lead Agency on
Nuisance Abatements and Provide for Administrative Hearings by a Hearing Officer.
Although there may be a role for the Health Department in the nuisance abatement process, Chapter 32A could be
amended to provide that the Department of Development Services is the lead department, with respect to nuisance
cases which arise pursuant. to those Code sections, which Code Enforcement has responsibility for enforcing.
In some cases, property owners cannot be found and brought into court to address Code violations. Because of this
eventuality, the Board of Supervisors may want to consider amending the administrative hearing process defined in
Chapter 32A to make it similar to the administrative hearing process set forth in the Keiri County Code. Significant
provisions of Kern- County Code can be found attached as Exhibit # 1
The Kern County Code also requires an accounting of nuisance abatement expenses by the affected department and
provides for a notice of those abatement expenses to be mailed to the owner and for a hearing on the amount of those
abatement expenses. If the expenses are not paid within 10 days after the hearing on the expenses is held, those
expenses are deemed to be a special assessment on the property from which the nuisance was. abated.
2. Revise Chapters 1 and 41 to Increase Maximum Fines and Payment to County for Restitution
The Board could revise Chapters 1 and 41 in. order to facilitate clean up of public nuisances by violators who are
prosecuted -by the District Attorney's Office. If the maximum fines set forth in the Code are higher, the District
Attorney's Office may getmore nuisances cleaned up as part of criminal case dispositions. Section 1-7(a) (Penalty
for violations of County Code) could be -brought up to date with the Penal Code, such that the maximum fine for
County Code offenses is $1,000 rather than the current amount of $500.
Further, the maximum fines for the first, second and third violations could be raised from $100, $200 and $500 to
$300, $600 and $1,000. Finally, the "within the twelve-month period" requirement for repeat violations of the Code
in_section 41-5_ be could deleted.
The Board could also add,a provision to Chapter 41 indicating that, notwithstanding the provisions indicating that
Code' violations are subject to fines of $300, $600 and $1,000 for the first, second and third violations, -respectively,
violations constituting a health or safety threat or an eyesore (a public nuisance) may carry up to at 1,000 fine on the
first violation.
2
Finally, the Board could add a provision to Chapter 41, providing that upon convicting an individual for a County
- Code violation constituting a public nuisance, the court should order restitution for the full "out of pocket" expense
to the County for any clean up of a public nuisance which takes place. Such a provision would parallel Penal Code
Section 1202.4(k), which defines "victim" as including government agencies, and would inform the Court that the
Board wants the violator, not the tax payers, to pay the cost of cleaning up the violator's mess. Of course, Section.
1202.4 provides defendants the right to a hearing on whether the restitution amount reflects the actual cost of the
clean up.
There would be several benefits in raising the maximum fines for County Code violations:
a) Considerably more time and effort go into code enforcement cases in which a'citation- is filed, than merely
issuing a citation. By the time a citation for a County Code offense is filed in court, two warning letters have
been sent out, a code enforcement officer has visited the scene of the violations at least twice, interviewed the
alleged violator, if possible, and taken photos to document the violation. Maximum fines for code violations
could be commensurate with the amount of time and effort which the County expends on investigating and
attempting to secure compliance for such violations. -
b) The Board could communicate to the courts that a just and appropriate resolution for each and every County
Code violation filed in court is important. Raising the maximum fines provides the judges discretion in which to
adequately punish serious cases. A $100 maximum fine provides the court with no discretion to send a message
to a violator who -has created an egregious public nuisance. See Footnote # 1
_:. c) Raising the maximum fines for code enforcement violations will provide the District Attorney with more
leverage to negotiate successful case resolutions for the County., Violators, who are only required to pay a small
fine without cleaning up the violation, may opt to do so as the "cost of doing business". Higher fines may mean
that violators will think twice before defying court orders to clean up their property. It is possible for the
District Attorney to negotiate a probation condition with each and every violator which authorizes a County
clean up, if the violator has not cleaned up the property himself, within what the court determines is a reasonable
time. The more leverage the District Attorney has, the greater the chances are that each and everyviolator will
agree to such a condition.
Likewise, a provision providing for restitution of clean up expenses may help facilitate cleanups. If violators know
that the court may order them to pay the cost of a County cleanup of their property, they may be more inclined to
clean it up themselves before the County is required to.
1 Prosecuting Butte County Code cases as misdemeanors, although an option under the Code, is not
a realistic option, because of the tremendous amount of resources consumed (public defenders, jury trials,
etc...). In addition, Butte County Code Section 1-7(c) provides that each day a violation of the Code continues
constitutes a separate offense. Charging offenses which occur over a several -month-long period as multiple
violations for each day the offense continued, however, has been met with some skepticism by the judges. It
can appear to be unfair.
3. Revise Chapter 14 to include a 72 hour limit for parking in the County Rights of Way.
Vehicles parked in the County rights of way 72 hours or more may constitute traffic hazards and may therefore be
viewed as a public nuisance. A 72 hour limit hour ordinance would give local law enforcement the authority to tow
hazard vehicles.
OVERSIGHT OF NUISANCE ABATEMENT/CODE ENFORCEMENT PROCESS
The Board may want to consider establishing a citizen's advisory board for nuisance abatement/code enforcement
matters. A citizen's advisory board would have the primary function of communicating with staff involved in code
enforcement issues with regard to effective strategies, priorities, funding, and cooperation with other groups and
agencies to improve the code enforcement effort. In addition to providing an avenue for public education regarding
code enforcement, the advisory board could also provide a forum for public discussion in an informal setting, with
immediate opportunity for responses by staff. .
The Public Health department has had good experience with the Animal Control Advisory Board. Creation and
organization of the board was relatively simple, involving a Board resolution and approval of the advisory board's
by-laws. The membership of a code enforcement advisory board could include a member appointed, from each
supervisorial district, a representative from law enforcement, and perhaps several interested citizen's groups in the
County. Effective operation of the advisory board.would probably call for membership of approximately ten
persons. The Animal Control Advisory Board meets quarterly, and that would probably be appropriate for the code
enforcement group.
The most likely means of staffing the advisory board would be through the Department of Development Services.
The Director of that department has indicated support for the advisory board concept, and a commitment to
providing staffing for the effort.
OPTIONS FOR "REDUCED COST" CLEAN UP PROGRAMS
1. Community Clean-up Grants: This Public Works program waives the tipping fee at the Neal Road Landfill
for community groups sponsoring a community clean up in their neighborhood. $2,500 per supervisorial district has
been allocated for this program. A maximum of $1,000 per event is available. To qualify for this grant the clean up
must meet three criteria. The clean up event must be a broad based community effort such as a community or
neighborhood clean-up program. The clean-up event must include public property and provide a general public
benefit. And finally, the group must make an effort to recycle as much of the collected material as possible.
2. Adopt -A -Highway Program: This Public Works program assists groups who wish to volunteer to remove
trash from the side of the road. Groups select a section of the road of their choice to adopt and periodically pick up
the accumulated trash. Public works provides all the trash bags and equipment and removes the gathered trash after
the clean up. A sign is placed at their adopted section of the road indicating the group maintaining the trash removal
on that section of roadway. This program has no maximum. Public Works will accommodate as many groups as
request to adopt a section of roadway. .
4
3. Illegal dumping complaints in the County right of way: Public Works road crews respond to illegal dumping
c ;omplaints in the right of way. The crews pick up the trash and haul it to the Neal Road Landfill.
4. Dumpster Donations for Community Clean up: Currently the Butte County Code requires each licensed
waste hauler in the County to provide a minimum of two free clean-up events and ten tons of free disposal per year.
With four haulers currently licensed in the County, that totals eight events and forty tons of free waste disposal. In
the proposed new waste service agreements, this amount would be increased to six events and up to three hundred
tons per year for each of the two major haulers. The two small haulers would remain at the current standard. If the
agreements are adopted we. would have the ability for fourteen events and six hundred twenty tons per year of
community service hauling and disposal.
5. Use of Recycling Program: While recycling is a better option than disposal, it is not always fully utilized by
the public because of the increased time and effort required to segregate materials and handle them separately.
Recycling is encouraged wherever possible and feasible. Recycling is required for the County's Community Clean-
up Grant. The Neal Road.Landfill accepts source separated green waste which requires a reduced tipping fee. Many
other recycling opportunities exist in Butte County. Public Works recently published a recycling directory that lists
recycling opportunities for many various materials.
6. Use of Public Works — Training Exercise: The use of Public works crews for nuisance abatement as a training
exercise could be utilized if the. work to be performed is an appropriate training for the type of work done by the
crews as part of their normal duties. These duties include road maintenance and improvement such as grading and
ditch construction. The use of Public Works crews to pick up trash and other debris would not be appropriate
aining for road maintenance and improvement and would not fulfill their training requirements.
7. Use of CDF Equipment: CDF dozers and skip loaders would be available on a case-by-case basis; usually
when there is a danger to life.
8. Training Exercises for Fire. Department: There is potential for certain structures to'be used for training
exercises. However, a "clear" title must be held by the County or the property owner who requests the burn. The
structure must be in reasonable shape, with an intact roof, so that the exercise can provide a realistic training
experience.
9. Use of the California Conservation Corp. (CCC): The mission of the CCC is to enhance the educational
opportunities and employability of its members. There is potential use of the CCC on a case-by-case basis when
there is a danger to life.
10. Use of. Volunteer Labor: Representatives from neighborhood groups have expressed a strong desire to
continue working with the County to develop and carry -out an enhanced nuisance abatement/code enforcement
process. Many of these groups have already been successful in taking steps to improve their neighborhoods with
"self-help" approaches.
11. Use of National Guard and/or Army Reserve: While contact has not been made with either of these agencies,
working group members advised that they could be a potential resource to assist in community clean up efforts.
C f
5
12. Use of SWAP Crews: This program is administered by the Sheriff and would be limited to use on public land
( :-icluding the public -right of way.
13. U -se of the Community Action Agency (CAA): The CAA assisted the Count with the abatement several
g Y ( ) y of s eral
properties in the Sterling City, area a few years ago. CAA has a contractor' -s license and may be able to provide
competitive bids for clean up projects using low cost resources such as the California Conservation Corp.
Many of -the "reduced cost" clean up programs are already being used by various County departments., A
coordinated use of these programs coupled with an enhanced public education outreach advertising the availability
of these programs would compliment the County's nuisance abatement/code enforcement process.
POTENTIAL FUNDING OPPORTUNITIES
1. Tipping Fee Increase: The Department of Public Works is 'currently evaluating the needed amount for a
tipping fee increase to fund escalating operational and regulatory costs. Several large, expensive projects will have
to be accomplished in the next few years. Among these are construction of a new lined landfill module, construction
and monitoring of an increased number of monitoring wells and installing and maintaining'approximately forty acres
of synthetic interim cover. The amount of any proposed fee increase to fund nuisance abatement would need to be
considered with increases needed to adequately fund the landfill. The use of funds collected through this enterprise
fund would also be restricted to solid waste activities.
2: Establish a Vehicle Abatement Program: Pursuant to Vehicle Code Section 22710, a two-thirds vote of the
�;oard of Supervisors and a majority vote of the majority of the cities within the County having a majority of the
population, could authorize the implementation of a vehicle abatement program in Butte County. This option would
-add a one dollar vehicle registration fee to all vehicles registered within the Butte County. area.. The cities and
County would share this revenue for the abatement of vehicles. Vehicle Code restricts the use of these funds for the
abatement, and disposal as public nuisances of any abandoned, wrecked, dismantled, or inoperative vehicles or parts
thereof from private or public property. If approved, Butte County's estimated share would be $90,000 per year.
3. Use of Tax Liens: The Treasurer -Tax Collector recommends the use of a tax lien (special assessment), rather
than a judgment lien. A special assessment appearing on the property owner's tax bill would ensure that the
minimum bid required would be inclusive of the special assessment for nuisance abatement should the real estate be
taken to auction for non-payment of taxes. Government Code Section 54988 (SB 430) authorizes the Tax Collector
to sell property on which a nuisance abatement lien has been recorded after three years (rather than five years as
required for a tax lien). However, as the number of properties impacted by nuisance abatement liens are expected to
be minimal (estimated to be 5 — 10 cases per year), the Treasurer -Tax Collector recommends that auction sales be
held for all properties after five years of delinquency. This will alleviate costs involved with special out of cycle
auctions that require separate research, advertisement, notification, recording and title searches.
4. Use of CDBG Funds:Annual CDBG Grant applications are due to the State by April of each year. The County
may include a 10% set aside for nuisance abatement/code enforcement activities with future CDBG Grant
applications. This approach would be subject to a competitive process, and if approved, would provide up to
$47,000 for project activities.
L
R1
Another option the Board of Supervisors may want to consider is to amend the County's program income usage
guidelines to include nuisance. abatement as an activity. This approach would not be subject to a competitive
process and it would allow the County to use a portion of its program income for nuisanceabatement/code
enforcement activities that benefit the targeted income group. However, if program income funds are used for one-
time projects and don't revolve the amount of program income funds available in the future would decrease.
5. Grant Opportunities through the Integrated Waste Management Board: There are several grants offered
by the Integrated Waste Management Board that appear to be potential funding sources for the County's nuisance
abatement process: However, all of the grants are site specific, subject to a competitive process, and in some cases
require a County match. These opportunities are being further explored by the Administrative Office.
6. Potential Funds Through the County's Recycling Program: The Public Works Department indicated that
there may be funds available through its recycling program for the creation and distribution of public information
related to the County's nuisance abatement program.
7. Potential for agreement with cities to use city RDA funds for specific projects: There may be an opportunity
for the County to work with the cities to clean up areas of the unincorporated area that would benefit a city's
redevelopment area.
LIABILITY CONSIDERATOINS
County Counsel stated that if the County contracts out for nuisance abatement services, the County can require that
the contractor maintain a -certain level of insurance and indemnify the County for any of the contractor's acts or
omissions. Including such standard contract provisions should limit the County's liability in abatement situations to
an acceptable level.
Further, before the County abates a nuisance such as an abandoned, substandard building on property for which the
County has been unable to locate an owner who is alive, the County must undertake a title search on the property
($200-$300?) and adequately notify all lien holders and other interest holders (giving them an opportunity to abate
the nuisance), in order to avoid liability for destruction of property.
CLOSING COMMENTS
Coup ty staff and representatives from neighborhood .groups have identified a number of options that should be
further considered` to improve Butte County's nuisance abatement/code enforcement process. If the Board of
Supervisors wishes to move forward with the improvement of the County's nuisance abatement/code enforcement
process, the Board could direct staff to further explore the presented options, or selected options as determined by
the Board, and direct staff to return to the Board of Supervisors with a recommended implementation plan within six
weeks.
cc: John Blacklock, Chief Administrative Officer
Nuisance Abatement/Code Enforcement Working Group Members
Neighborhood Group Representatives
7
EXHIBIT # 1
Significant provisions of Kern County Code
a)
Property owners have a duty to maintain' their property in a manner such that it does
not contain or become a public nuisance and to promptly abate any public nuisance,
which does develop. '
b)
Upon making a reasonable determination that a public ..nuisance exists, the public
official shall notify property owners by mail that a public nuisance exists upon the
propel`
c)
The -notification shall indicate what work is necessary to correct or abate the public`
nuisance.
d)
The notification shall require thaf the. property owner abate the nuisance within 30
days and offer the owner an opportunity for a hearing as to why the property should
not be considered a public nuisance.
e)
The notification shall also inform the property owner that if the nuisance is not abated
within the time specified on the notice and the hearing has not been requested, the
County may abate the nuisance without further notification and the property owner
may be responsible for all costs associated with the investigation and abatement of the
public nuisance.
fl
The notification shall also inform the property owner how to request a hearing.
g)
Hearings must be commenced within 10 days after a request is received and specifies
that the hearing may be_ decided by either a hearing officer or the Board of
Supervisors.
h)
Once scheduled, the hearing shall go forward whether the property owner is present or
not.
AGREEMENT FOR SERVICES
A.
THIS AGREEMENT for 24-hour towing service is made as of the commencement date _
set forth below by and between the County of Butte, a political subdivision of the State of _
California hereinafter referred to as "the COUNTY", and
hereinafter referred to as "CONTRACTOR". '
In consideration of the Services to be rendered, the sums to be paid, and each.
And every.covenant and condition contained herein, the parties hereto agree as follows:
OPERATIVE PROVISIONS
1. SERVICES. "
The CONTRACTOR shall provide those services described in Attachment
"A",Provision A-1. CONTRACTOR shall provide said services at the time, place and in
the manner specified herein.
2. CHP ROTATION LIST AND TOW SERVICE AGREEMENT
By signing this agreement, CONTRACTOR represents and covenants that
CONTRACTOR is currently included as a member in good standing on one or more of
the California Highway Patrol (CHP) rotation lists for the Butte County area and is
currently in compliance with all conditions of, meets all requirements of and consistently, -
follows all protocol set forth in the current Department of California Highway Patrol Tow ;
Service Agreement. CONTRACTOR agrees that CONTRACTOR shall continue to
retain CONTRACTOR'S member in good standing status on one or more of the said
rotation lists and also shall continue to comply with all conditions of, .meet all
requirements of and follow all protocol set forth in said current CHP Tow Service
Agreement. CONTRACTOR also agrees to promptly inform COUNTY, should CHP
initiate disciplinary action against CONTRACTOR, pursuant to said current CHP Tow
Service Agreement for any reason.
3. COUNTY ROTATION LIST
COUNTY shall maintain four rotation lists, one for each geographic area described and
depicted in Attachment C. CONTRACTOR shall not`bill COUNTY for a Distance Tow
if the vehicle towed is located within any of the four Local Tow areas depicted in
Attachment C. Nothing in this agreement shall prohibit a COUNTY representative from
m
requesting a. specific tow company when, in the COUNTY representative's opinion, the
necessary resources to clear a hazard as expeditiously as possible- are not available from
the tow company currently at the top of a rotation list.
4. TERM.
Commencement Date:
Termination Date:
November 15, 2003
November 14, 2004
Notwithstanding the term set forth above, and unless this contract is.
terminated by either party prior to its termination date, the term of this Agreement shall
be automatically extended from the termination date for ninety days. The purpose of this
automatic extension is to allow for. continuation of services, and to allow COUNTY time
in which to complete a novation or renewal contract for CONTRACTOR and for
COUNTY approval.
CONTRACTOR understands and agrees that there is no representation, implication, or
understanding that the services provided by CONTRACTOR pursuant to this Agreement
will be purchased by COUNTY under a new agreement following expiration or
termination of this Agreement,,and CONTRACTOR waives all rights or claims to notice
or hearing respecting any failure to continue purchase of all or any such services from
CONTRACTOR.
5. PAYMENT.
COUNTY shall pay CONTRACTOR for services rendered pursuant to this
Agreement in the amount set forth in Attachment `B". The payment specified in.
Attachment "B shall be the only Vpayment made to CONTRACTOR for services
rendered pursuant to this Agreement. CONTRACTOR shall submit all billings for said
services to COUNTY in the manner specified in Attachment "B". If CONTRACTOR
receives payment from any other source for services rendered pursuant to this agreement,
CONTRACTOR shall either refrain from billing COUNTY for said services, or, if
CONTRACTOR has already received payment from COUNTY for said services,
CONTRACTOR shall promptly compensate COUNTY in the amount of any payments)
received from other source(s). Payment under this contract shall not exceed $24,999
without an amendment to this Agreement approved by the Butte County Board of
Supervisors.
a,
6. FACILITIES, EQUIPMENT AND OTHER MATERIALS AND
OBLIGATIONS OF CONTRACTOR.
CONTRACTOR shall, at its sole cost and expense, furnish all labor, facilities, equipment
and other materials which may be required for furnishing services pursuant to this
Agreement, unless an exception to this requirement is provided in Attachment "A",
Provision A-4.
7. ADDITIONAL PROVISIONS.
Those additional provisions unique to this Agreement are set forth in Attachment "C
8. GENERAL PROVISIONS.
The additional provisions as set forth in Attachment "C" and the general provisions set
forth in Attachment "D" are part of this Agreement.. Any
inconsistency between said additional provisions and general provisions and any other
terms or conditions of this Agreement shall be controlled by the other term or condition
insofar as it is inconsistent with the additional provisions and general provisions.
9. DESIGNATED REPRESENTATIVES.
is the COUNTY representative, and will
administer this Agreement for COUNTY. is the
authorized representative for CONTRACTOR. Changes in designated representatives
shall occur only by advance written notice, to the other party.
10. ATTACHMENTS.
All attachments referred to below are attached hereto and by this reference '
incorporated herein. Attachments include:
Attachment A -Services
Attachment B -Payment
Attachment C - Additional Provisions
Attachment D -General Provisions
3
11. TERMINATION. COUNTY and CONTRACTOR shall each have the right to,
terminate this agreement upon 30 days written notice to the other party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
2003.
COUNTY OF BUTTE
PAUL MCINTOSH
CHIEF ADMINISTRATIVE OFFICER
APPROVED AS TO FORM:
BRUCE S. ALPERT
COUNTY COUNSEL
BY
CONTRACTOR;
Name and Title
Tax I.D. No.
G:\contract\Tow Services Agreement
t
4
ATTACHMENT A
A.1 SCOPE OF SERVICES AND DUTIES.
The, services to be provided by CONTRACTOR and the scope of CONTRACTOR_ 's
duties include the following:
"Local Tows" (as defined in Attachment Q.
$50
"Distance Tows" (as defined in Attachment C)
$75
Impound Storage (as required) max. 15 days
$5/day
Tires in excess of those mounted on the vehicle and a spare
$2/tire
(number of excess tires must be noted on CHP180 form)
Trash in vehicle (must be noted on CHP 180 form)
$12
Vehicle parts that can be loaded by hand
N/C
Extra — over -sized parts (motors/transmissions) that cannot
be loaded by hand and are not a part of the towed vehicle
$10 each
(must be noted on CHP180 form)
Oversize vehicles — busses, recreational vehicles, etc
Per Bid
A-2 TIME SERVICES RENDERED.
The CONTRACTOR understands that Towing is a
24-hour towing service.
In the event CONTRACTOR is unavailable to provide service to Butte County Code
Enforcement at the time of request, Butte County reserves the right to request tow
services from another sources for that specific tow.
A-3 MANNER SERVICES ARE TO BE PERFORMED.
As an independent contractor, CONTRACTOR shall be responsible for providing
services and fulfilling obligations hereunder in a professional manner. COUNTY'shall
not control the manner of performance.
A-4 FACILITIES FURNISHED BY CONTRACTOR.
CONTRACTOR shall, at his/her sole cost and expense, furnish all labor, facilities,
equipment, and other materials that may be required for furnishing services pursuant to
this Agreement.
GAcontract\Att A generic
1
ATTACHMENT B
COUNTY shall pay CONTRACTOR as follows:
B-1 BASE CONTRACT FEE. COUNTY shall pay CONTRACTOR at the rate listed
below:
"Local Tows" (as defined in Attachment C)
$50
"Distance Tows" (as defined in Attachment C)
$75
Impound (as required) max. 15 days
$5/day
Tires in excess of those mounted on. the vehicle and a spare
$2/tire
(number of excess tires must be noted on CHP 180. form)
Trash in vehicle (must be noted on CHP 180 form)
$12
Vehicle parts that can be loaded by hand
N/C
Extra — over -sized parts (motors/transmissions) that cannot
be loaded by hand and are not a part of the towed vehicle
$10 each
(must be noted on CIHP180 form)
Oversize vehicles — buses, recreational vehicles, etc
Per Bid
B-2 BILLING. CONTRACTOR shall submit request for payment only after completion of
services and no later than the tenth (I th) day of the month following provision of services. In
the event that CONTRACTOR disposes of a vehicle towed by CONTRACTOR under this
agreement, CONTRACTOR shall not bill COUNTY until after the vehicle impound storage
period has elapsed and shall transmit a Public Agency Authorization to Dispose of a Vehicle to a
Scrap Iron Processor or Dismantler form (junk slip) for the vehicle disposed of to COUNTY
along with the invoice. In no event shall total compensation paid to CONTRACTOR under this
Provision B.1 exceed the aforementioned payment schedule without an amendment to this .
Agreement approved by the Butte County Board of Supervisors. Payment under this contract
shall not exceed $24,999 without an amendment to this Agreement approved by the Butte -
County Board of Supervisors.
Only those services specifically requested by COUNTY shall be provided. When billing
COUNTY FOR services requested by COUNTY, CONTRACTOR shall submit documentation
of services provided in accordance with COUNTY request for services. CONTRACTOR shall
not bill for services other1han those specifically requested by COUNTY.
B-3 AUTHORIZATION REQUIRED. Services performed by CONTRACTOR and not
authorized in this Agreement shall not be paid for by COUNTY. Payment for additional
Services shall be made to CONTRACTOR by COUNTY if, and only if, this Agreement is
Amended by both parties in advance of performing additional services.
WcontractWtt B generic
ATTACHMENT C
ADDITIONAL CONDITIONS
1. CHP Rotation List and Tow Service Agreement
By signing this agreement, CONTRACTOR represents and•covenants that CONTRACTOR is
currently included as a member in good standing on one or more of the California Highway
Patrol rotation lists for the Butte County area and is currently in compliance with all conditions
of and consistently follows all procedures specified the current Department of California
Highway Patrol Tow Service Agreement. CONTRACTOR agrees that CONTRACTOR shall
continue to retain CONTRACTOR'S membership in good standing status on one or more of the
said rotation lists and also shall continue to comply with all conditions of and follow all
procedures specified in said current CHP Tow Service Agreement. CONTRACTOR also agrees
to promptly inform COUNTY, should CHP initiate disciplinary action against CONTRACTOR,
pursuant to said current CHP Tow Service Agreement for any reason.
2. COUNTY Rotation Lists.
COUNTY shall maintain four rotation lists, as set forth herein. Nothing in this agreement shall
prohibit a COUNTY representative from requesting a specific tow company when, in the
COUNTY representative's opinion, the necessary resources to clear a hazard as expeditiously as
possible are not available from the tow company currently at.the top of a rotation list.
CONTRACTOR shall respond within 30 minutes of a request from COUNTY for Local Tow
service, as defined herein, and for Distance Tow service where a 30 -minute response time is
reasonable. In the event CONTRACTOR is unable to provide Local Tow service to COUNTY
within 30 minutes from the time of request, COUNTY reserves the right to request services from
another tow company. In the event that CONTRACTOR is delayed subsequent to a request for
Local Tow service and is consequently unable to respond within 30 minutes, CONTRACTOR
shall promptly notify COUNTY.
3. See attached map and description(s) for geographic service area(s) applicable to .this
Agreement between COUNTY and CONTRACTOR and depiction of Local Tow and Distance
Tow areas within each geographic service area.
GAcontractWtt C
Foe- 0-1 C6�6 -
CEAB Labels
NED KIRKHAM ' I�EIL�MCCAB�
J:1Code Enforcement Adv. Board\CEAB �- ------ -- =� � rH - �
Labels 58 NORTHWOOD COMMONS PLACE 2255 E�8 STREET
Updated: 9119/03
CHICO CA 95973-7214 CHGCO CA 9,5928-9135&"V
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HAROLD CORKING CDON LITTON. }V/4T
1550 SIXTH STREET P.0—BOX-171--
ADMINISTRATION
OROVILLE CIA 95965-4429 STIRLING CITY CA 95978 VIA COURIER MAIL
ROB MACKENZIE /
COUNTY/COUNSEL MIKE VIEIRA DEE HUNTER
DEPT. OF DEVELOPMENT SERVICES P -O.. BOX -544
VIA COURIER MAIL BANGOR CA 95914
MADELYN HENRY GREG BICKMORE JOY HUDSON
P. O. BOX 239 P. O, BOX 98 1844 WILLIAMS
STIRLING CITY CA 95978 STIRLING CITY CA 95978 PALERMO CA 95968-9640
NORIE WHEELER WILLARD CONNOR LYNNE BAKER COLE
P. O. BOX 685 P. O. BOX 163 16982 MANZANITA STREET
PALERMO CA 95968 STIRLING CITY CA 95978 STIRLING CITY CA 95978
GARY CONNOR JOSHUA STUART PALERMO IMPROVEMENT ASSOC.
P. O. BOX 143 15 RUTH'S COURT P.O. BOX 685
STIRLING CITY CA 95978 OROVILLE CA 95966-9387 PALERMO CA 95968
SGT. DAN RODMAN SUPERVISOR DOLAN. SUPERVISOR HOUX
CALIFORNIA HIGHWAY PATROL BOARD OF SUPERVISORS BOARD OF SUPERVISORS
RD P.O. BOX 3700 P.O. BOX 1087
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OROVILLE CA 95965-3416 VIA COURIER MAIL VIA COURIER MAIL
SUPERVISOR R. J. BEELER SUPERVISOR JOSIASSEN SUPERVISOR YAMAGUCHI
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OROVILLE CA 95965-4760 RICHVALE CA 95974 747 C ROAD
CA 95969
VIA COURIER MAIL VIA COURIER MAIL VIA COURIER MAIL
MICHAEL RAMSEY MIKE CRUMP JIM DEWEESE
DISTRICT ATTORNEY PUBLIC WORKS PUBLIC WORKS
VIA COURIER MAIL
CRAIG ERICKSON STEVE FOWLER
ENVIRONMENTAL HEALTH FIRE DEPARTMENT PEACH YORK
2,02 MIRA LOMA 131 TRES NINOS WAY
VIA COURIER MAIL OROVILLE CA 95966-9659
VIA COURIER MAIL
HENRI BRACHAIS -
KENNETH JONES
DICK PUELICHER
FIRE DEPARTMENT
AUDITOR
TREASURER
VIA COURIER MAIL
VIA COURIER MAIL
VIA COURIER MAIL
SHAROL STRICKLAND ,
LT. SCOTT GILLINGWATER
YVONNE CHRISTOPHER
BUTTE COUNTY SUPERIOR COURT
CALIFORNIA HIGHWAY PATROL
DEPT. OF DEVELOPMENT SERVICES
2072 3RD STREET
VIA COURIER MAIL
OROVILLE CA 95965
PHYLLIS MURDOCK
VANCE SEVERIN
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ENVIRONMENTAL HEALTH
ENVIRONMENTAL HEALTH
HOWARD MARTZ
202 MIRA LOMA
202 MIRA LOMA
1868 N. VILLA AVENUE
PALERMO CA 95968-9752
VIA COURIER MAIL
VIA COURIER MAIL
MERCURY REGISTER
ATTN: MARY WESTON
LINGWATER
SG/3REET
FILE COPY
BOX 651OROVILLE,
20P.O.
CA 95965
OR5965