HomeMy WebLinkAbout2019-08-30 Ltr from J Carter RE_ Avila Fence Height Permit.ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening
attachments, clicking on links, or replying..
From:Jeff Carter
To:Weems, Tristan
Cc:Thistlethwaite, Charles; Keith Bussey; Lara Streng; Simon Offord; Nicole Heindell
Subject:RE: Avila Fence Height Permit
Date:Friday, August 30, 2019 11:42:32 AM
Attachments:Butte County6.26.19ltr.pdfUnsigned Maplewood6.26.19ltr.pdf19-023 BUSSEY ROS.pdf19-023 BUSSEY FENCE EXHIBIT.pdf
Dear Tristan,
Thank you for your email of today in response to my telephonic inquiry of yesterday to the
Department as to the status of the application.
In light of my earlier letter of June 26, 2019, I am surprised that I am only now being
apprised of the application filed late last month and of the County’s intent to issue the requested
permit on September 3, 2019, the very next business day from the date of your email. As noted in
my earlier letter, the fence is a division fence under California law and in installing the lattice work,
not only did Maplewood and Avila not first obtain the required administrative permit, but they did
not comply with Civil Code section 841 requiring them to have given my clients notice at least 30
days before undertaking such work of their intent to install such lattice work. Your issuance of the
Permit will reward their lawlessness.
As you know too from my earlier letter, the fence has become a focal point of heated
disputes between the parties, which, as you will note, have resulted and continue to result in
repeated need of the Butte County’s Sheriff’s Department to respond to calls to it by the parties and
intervene to prevent the parties from resorting to self-help which could result in physical violence
and further property damage.
These very concerns have prompted the Busseys to commence legal action against
Maplewood, Avila, and Depwig to restrain them from, among other things, further trespass and
damage to the fence. The case is Butte County Superior Court Case No. 19CV02624. The Court will
be hearing the Busseys’ request for a temporary restraining order this afternoon at 1:30 pm, which,
if issued, will so prevent further trespass and damage to the fence by Maplewood, et al. until the
Court can fully hear the competing claims of the parties.
The Department’s action, then, is simply wrong, and brings the Department right in the
midst of this heated boundary dispute. It rewards Maplewood, et al., for not complying with the law
in the first place, and likely stands to encourage Maplewood, et al., and others for that matter, to
disregard County ordinances in the first place, finding it easier to ask for forgiveness after the fact
than for permission before the fact.
As you will note from my previous letter, there are numerous other Code violations that my
clients and I believe exist. The accessory barn, that for all intents and purposes looks more like a
venue for parties, encroaches into the required five foot setback from the shared boundary line,
despite the application by Maplewood, et al. for a building permit showing it to be eight feet from
the boundary. Recently, Maplewood, et al. moved a tremendous amount of fill to build a huge
feature which I understand to be a “waterfall” which, I understand, required a permit. Inquiry is
made as to whether one was obtained, if in fact one was required. If not, what may we expect from
the County by way of addressing this.
For the above reasons, I, on behalf of the Busseys and of the citizens of Butte County who
benefit from County enforcement of its building and planning codes, ask that you not issue the
Permit on September 3 or anytime thereafter until this dispute is resolved in the Court. To do
otherwise will enable and encourage future disregard of County Code requirements by Maplewood,
et al., and by others.
Should you have any questions or comments, please do not hesitate to reply or call. I will
keep you apprised of the pending lawsuit, in which the County’s files and actions likely will become
evidence.
Jeff
329 Flume Street
Chico, CA 95928
T 530.342.6196
F 530.342.6195
From: Weems, Tristan [mailto:tweems@buttecounty.net]
Sent: Friday, August 30, 2019 8:37 AM
To: Jeff Carter <jeff@jjcarterlaw.com>
Subject: Avila Fence Height Permit
Dear Mr. Carter,
This email is to inform you that on July 19, 2019 Kevin Avila submitted an
application (Planning Form No. PLA-11, see attached) for “ADDITIONAL
FENCE HEIGHT” which is an Administrative Permit per Butte County Code
24-57 et seq. I am providing you with this notification in response to your
request in your letter of June 26, 2019.
The standard process for issuance of an Administrative Permit is to ensure that
the proposal complies with County Code regarding height and materials and
that the fence is located outside of any established easement, right of way, and
is located on the applicant’s property line.
I have attached a copy of the submitted application here for your reference.
The Butte County Zoning Administrator will issue Administrative Permit
ADM19-0115 on Tuesday, September 3, 2019.
Once the permit has been approved, there is a 10 day appeal period by which
the decision by the Zoning Administrator can be appealed to the Planning
Commission. Appeals must be in writing and accompanied by a $676.00 appeal
fee.
If you have any questions about the application, please do not hesitate to
contact me.
Sincerely,
Tristan Weems, Associate Planner
Department of Development Services
7 County Center Drive, Oroville, CA 95965
T: 530.552.3685 (direct) or 530.552.3700 (main) | F: 530.538.7785
Twitter | Facebook | YouTube | Join DDS Email List
5/20/19
5/20/19