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Ordin.ance Na . 2704
AN ORDTNANCE ADD~NG CHAPTER 41 TO THE BUTTE COUNTY CODE
ESTABLISHING C4DE ENFORCEMENT POLICIES AND PROCEDURES
The Board of Supervisors of the County ot Butte ardains as
~o~.lows :
Section 1. Chap~er 41 is hereby added to the Butte County Code ~.o
read as fallows:
"CHAPTER 41
ARTICLE I- CODE ENFORCEMENT POLICIES AND PROCEDURES
Section 41-1. Pur ase.
The following policies and procedures are adopted ~.o
,imp].ement a program of enforceznent of Butte County's zoning, building,
sanitation and other ordinances contained in ~he following Chapters of
this Cade: Chapter 10, Highways and Streets; Chapter 11, Junk
Dealers, Pawnbrokers and Secondhand nealers; Chap~e~ Z3, Min~.ng and
Dr~dging; Chapter ~4, Motor Vehic~es and Traffic, Ghap~er 19, Sewage
Disposal; Chapter 23 B, Water We11s; Chapter 24, Zoning; Chapter 26,
Sui~dings; Chapter 26A, Underground Utility ~~.stricts; Chapter 26B,
Mechanica7. Gode; Chapter 27, Electrici~y; Chapter 28, Plumbing;
Chapter 3Z, RefuE.se Callection and Removal; Chap~er 32, Nar~ing o~
Streets and Highways; Numbering Prap~rties and Principa3. Buildinqs;
Chapter 33, Groundwater Conservation; and Chapter 37, Undergroun.d
Hazardous Substance Storage Facili~ties.
I~ is the policy of Butte Gounty to seek voluntary
compli.ance with these provisians but to provide an ~ffective
~neans of an~orcement i~ such compliance is x~ot obtained.
Section 41.-1.1. De~initions.
For the purpose of this A~tic~e, the follow~.ng words and
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phrases sha~I hav~ the meanings respectively ascribed to them by ~his
Section:
Aff~cted Depa~tment. Whichever of the ~ollowing three
Caun~y Departments has the responsihilzty to ad~ninister a~ enforce the
applicable provisions o~ ~h~s Code: Planning, Heal~h, or Pub1~c
Works.
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Cade Enforcement Officer. Any person employed by the County
o~ Butt~ and appointed to ~he position of Code Enforcement O~~~cer, as
established by Butte County 4rdinanc~ Number 2652.
Contiguaus Properties. Contiguous properties are any ~wo
proper~ies which share a mutua~ boundary. Property shall be
considered as contiguous units, ~ven if it is separated by roads,
streets, utility easements or railroad rights-of-way.
Premises. The real property of the violator, inciuding
contiguous properties, and/or any buildings, struct~res or other
improvemen~s situated thereon or affixed th~reto, where any violation
of any of the provisions o£ ~he Chapters speci~i~d in Section 41-~ of
this Cade has or is suspected to have occurred or is or is suspected
I to be occurring. The premises may include public property ~o which a
Iviolator has access.
Vio~atar. An adu~t owner, tenant, occupant, resident or
other person having possession, control, or any o~he~ ownership
interest in or ~he right of access to the premises, excluding persons
having only a security in~erest in ~he premis~s, who is suspected or
aZleged to have violated or ~o be in violation of any af the
provisions of the Chapters specified in Sect~on 41-~ of this Code.
There may be vne or mar~ violators as ~o any par~ieula~ premises.
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Section 4I-2. Warn~ng Notices.
(a) Notices Required.
Un~ess oth~rwise express~y provided, ~he Butte County
Planning, Health or Public Works Departments shall. be responsa.ble for
the initi.al identification of and contact with persons who are
suspect~d ~o be in violation o~ any provisions of the Code rahich said
departments r~spectively administe~ or enforce.
Such ~espective affected Departmen~s shal.l issue a
firs~ written warning notice giva,ng violators not less than ten days
to voluntaril.y comply. In the event o~ non-campliance with the first
warning nota.ce, said affected Depart~n~n~s sha7.~. issue a forma:I second
Iwritten notice to violators.
Said second notice shall express~y s~ate: that the
vio.~ator is in viol.ation of such code section as is appl.icable; tha~
the vialation sha11 be abated by the violatar by speci~i~d action;
that un~ess such violation is so abated within a specified time of~ not
less than thirty days, said person shall be issued a ci.ta~.ion ~o
appear ~.n court for said vio~at~on and for failing '~o compl.y with said
second notice; that upon canvictio~ of said violation or of fa~1.~.ng to
comp~y with said second notice pena~t~.es shall be imposed and a Notice
of Violation r~carded in accordance with Sect~an 41-7. The second
notice shall be in forin approved by the County Counsel and shall
~nclude the nafne and phane number of the Departmental emplayee ~rom
j~ whoxn ~ur~her in~orma~ion znay be obtai~ed.
The first and second notices i~sued hereu~der ~hall be
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~p~rsonalZy served on violators ar mailed by first class maii in a
sealed enve~.ope wi~h postage therean fu~.~.y prepaid and addressed to
th~ violator at h.i.s or her 1.ast known address.
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{b} Re~ins~ection_and_Refer~al to_Code_En~orcement
Officer.
Fol~owing the notice procedure specified in Subsection
(a) above and prior to referring the matter ~o a Code Enforcement
O~ficer, the Department issuing said notices shall reµinspect to
d~t~rmine whether the viola~ion has be~n abated or
continu~s. ~n those cases where the violatian cantin~es, said
Department shall refer th~ matter to a Code Enforc~ment Officer.
(c} Exceptions. ,
Notwithstanding the provisions of subsec~ians {a) and (b)
above, no notice need be given, and a Caunty Coda Enforcement
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O~ficer may imm~diate~y issue a citation, upon the request o~ the
affected Department and when there is reasonable basis ~o believe
that: the violation cons~itutes an imminent threat to the h~alth and
sa~ety o~ any person or persons, including that of the alleged
violatar, or to praperty; or the vialator may nat remain in the Coun~y
or may atherwise be d~fficult to locate at a 1a~er tim~.
(a} Failu~e to Com ly with Second Notice.
It sha11 be an infraction for any violator to refus~ or
fai~ to comply with a second no~iee issued to him or he~ pursuant to
~ • Subsection {a) abave.
{e) Pub~ic Nuisance.
Any vio~ation that continues in d~.sregard af a second
natice issued puxsuant to Su}asection (a) above is hereby decla~ed to
be a public nui~ance and as such may be abated in the manner
prescribed by law.
Sect.ion ~41.-3 Powe~s and ~uties of Code Enforcement Officers.
(a) Enforcement Duti.es.
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Each Code Enforcem~nt Of~icer shail have the duty to
en~orce the provisions of Chapters 1d, 11, 13, 14, ~9, 23B, 24, 26,
25A~ 26B~ 27~ 28~ 31r 32~ 33f 37~ and 41 Of this Code.
(b) Right o~_Entry.
Whenever necessary ~.o enforce any o~ the provisions of
said Chapters, or ~cvhenever a Code Enforcement Of~icear has reasonable
cause to believe fhat there exists in. or upon any premises any such
vio~ation which mak~s such premises unsafe, dangerous or hazardous,
the Code En~orcemen~ Of~icer ~ay enter such premises at alI reasonab~e
~imes ~o insp~ct the sa~ne or to per£orm any duty imposed upon the Code
En~orcement Officer by this Code; provided, that if such prem~ses be
occupied, he or she shall first ident~.~y himself or herself as a But~e
County Code Enforcement Offic~r and request en'~ry; and if such
premises be unoccup~.~d, he or she sha1.1. first make a reasonabl.e effort
to locate tha violator and request entry. I~ such entry is refused,
~the Code Enforcennen.t Officer sha~.l have reco~rse to every remedy
provided by law to secure en~ry.
(c) Issuance of Citations.
Each Code Enforcement 4~~icer is hereby authorized to
issue citations for violat~ons of the pravisi.ans of ~he said chapters
of this Code, which they have the duty ~o enforce. Upon referral af a
matter by the affected DepartFnent to the appropriate Code En~o~cement
Officer, the Code Enforcem~nt Officer shall contact the al~.eged
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vialatvr and, unl.ess fhe v~.olatian has fhen been abated, the Code
Enforcefnent ~fficer shall i.ssue a citation to the violata~.
Prior to issuance af a citation, the Code Enforcement
~Of~icer sha11 identi£y himself ar hers~l.f as a County Code En~orceznen~
~Officer. The Code Enforcement O~~icer shall ~hen request the al~eged
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violatox, and the alleged violator shall be requi~ed, to present hzs
or her driver's ~icense or other sa~isfactory evidence of his o~ her
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~ identity ~or exama.na~ion.
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The ci~atian ~hall state a ti~ne and date and place at which
the al~eged vialator shall appear in court to answer the charges
stated in the eitation. The appearance date shall be at least 3.Q days
after the date o~ the citation.
Section 41-~4. Refusal to Si n Citation.
The Code Enforc~men~ O~ficer shall not take or attempt to
take anyone ~nto custody for refusing ta present satisfactary evidence
of his or her ide~tity or a~efusing ta sign a citation. In such cases,
the Code Enforcement Officer may fi~e the citati.an urith the
appropriate court as a complaint pursuan~ to Pena1. Code Sectz.on
853.9 ib) , may requ~st ~he assa.stance o~ the 5heriff's Department, or
other law enforcement ag~ncy which has jur~.sdi.ction, or may reques't
the Dis~rict Attorney to prepare and file a camp~aint with the
appxopria~e court.
Section 4I-5. Violation; Penalties.
{a) Vio~ations Charged and P~nished as Tnfractions.
Notwithstanding any provision of this Code ta the
contrary i.n Chapter 10, ~.1, 13, 14, 19, 23B, 24, 26, 26A, 26B, 27, 28,
31., 32, 33, 37, and 41 whenever any provision in any of said chapters
provides that any act is prohibited or made ar declared to be unlawful
' or a misdemeanar or an infraction, or requires the doing of any act or
declares the failure to do any act unlawful. or a mi~demeanor or an
infrac~ion, the violation of such prova.sion may be charged as an
infraction punishable by imposi~ion o~ the Fo1l.owing fines, no part o~
~which may be suspended:
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1. Upon a first conv~ction, a mandatory fine of
$100;
2. Upon a second conviction of ~he same code
sec~ion involving the same premises within the
].2 month period immediately precedi.~g the
COIriEll35SlOI1 0~ the current viola~ion, a
mandatory ~ine a~ ~200;
3. Upon a third conviction of the sa~ne code
section, involving the sama pr~mises within a
12 month period imxneda.ately preceding the
commission of the current violation, a
znandatory fine o~ $500.
(b) Each Day a Separate Offense.
Each and every day or portion thereof tha.t a person
viola~es or continues to violate any such provision of any o~ said
Chapters constitutes a separate offense and may be charged and
punished separa~.e~y without awaiting conviction of any prior
violation.
(c) Misdemeanors.
Any violation which may otherrrrise be charged and
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pun~shable as an infraction pursuan~ to subsection (a) above, may be
charged and punishabie as a misdemeanor if the defendant has been
convicted o~ three or mare vio~ations af the same code section
~nvolving the same premises within the 12 month period immediately
preceding the coanmission of th~ current vio~ation. For purposes of
this subsection a bail farfeiture or a plea of nolo contendere sha~l
be deemed to be a conviction.
Section 41-6. Money Judgments.
Any judgmen~ of convict~on which imposes a~ine shall
beco~e a money judgment, as provided by Pena~ Code Sect~on 1214.
It sha11 be the ~esponsibility o~ the Code ~n~orcement Officer to
determine i~ the fine imposed has been paid. Tn any case where the
fine remains unpaid for more than 30 days, a Code Enforc~m~nt Of~icer
sha11 record an abstrac~ of the judgmen~ in the 4ffice of the Coun~y
Recorder, as provided by Code of Civi~. Procedure Sect~ons 674 and
69'7.310. Upan notice af paymen~ of such a judqmen~., the Code
En~orcement O~ficer sha11. file and serve an acknowl.edgment af
satis~action of judgment, as provided by Code o~ Civi1 Procedur~
Sections 72~4.030 and 724.040.
Section 41-7. Notice of Violation.
If the vi.olation af a provision o~ any af the Chapters of
this Code ~.isted in 5ection 41-1 continues to exist on or after the
date of any violator's conviction af violating said provision, the
Code Enforcement Officer shall submit a Notice of Violation to ~he
County Recorder for recordation. Said Notice sha~.l include a
description of the premises, a desaription of the violation., the
action necessary to abate the viola~ion, the date of conviction for
said viol.ation, the caurt that entered the judgrnent of convic~ion and
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~~~ the case number.
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Sectian 4~-8. Fol].aw-u Ins ections. ,
Following the canviction of any violator in court, a Code
En~orcement Of~icer shall make such ~ollaw--up inspections as necessa~y
to de~ermine that the v~.olation has been abated and may issue such
additional. citations as are necessary ta gain comp~ia~ce wi~h the
applicable provisians ot ~his Code.
' Section 41-9. Natice of Compliance.
Upon a11. work ta abate the violation being comp~.eted and
approved by the affected Department, paymen~ of a11. fines imposed as
to said violation pursuant ~o Section 41-5(a) and payment by or on
beha~f a~ ~he vio~.ator of a fee of $300.00 to the County o~ Butte to
defray ifs cost o£ recording a Notice of Vialatian pursuant to Sec~ion
41-~7, canducting fol].owup inspec~ions pursuan~ to Section 41-8 and
record~ng a Notice of Compl.iance pursuant to this Section, ~he Cade
Enforcement Officer sha11. submit a Nat~.ce of Compliance to the Caunfy
Recorder for recordation. 5aid No~.ice of Compliance shaZl refer ~o the
related Notice of Vial.ation recorded pursuant to Section 4Z-7.
Section_41-10. _ Refusal_to_Issue_Permits,_Licenses_or_O~her
~ ~ Entitlement. rr~ ~ -
{a) Refusal to Issue; Waiver.
No departFnent, commission, or employee of the Caunty of
Butte vested with ~he duty or authvrity to issue or approve permits,
licenses ar other entitlements shall do so whcn there is an
autstandi.ng vioiation far whi.ch a citation ha~ been issued pursuan.t to
this Ar~icl.e invo~ving the premises to which the pending application
pertains. The authority to deny shal.~. appiy whether ~he applicant was
the occupant or owner of record at the ti~n~ af s~zch vi.alation or
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~ whether the applicant is e~ther the current occupant or owner of
2 record or a vendor of ~he curren~ owner o~ record pursuant to a
3 contract af sale of the real prope~ty, with or without actual or
~ constructive knowledge of the violation at the time he or she acquired
5 his ax her ~n~eres~ in such real property.
~ Upon notification by a Code Enforcemen~ Officer tha~ such a
7 violation exists, aII Departments, such cvmmissions, and emp~oyees
g sha~l refuse to iss~e permits or licenses or en~itlements invalving
g the premises e~cept those necessary to abate such violation.
1~ (b) Recision a~ Re~usal ta Issue
1~ The refusa~ ~o issue shall be rescinded when the
12 Department, commission, or employee has be~n notified that al~
~3 required work to abate the vi.o~ation has been completed and has been
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15 (c) Waiver
~6 The Director of the affected Department may waive the
1~ provisions of this sect~.on regarding re~usa7. to issue if he or she
ig determines such ra~aiver to be required to a11aw necessary ar desirable
~g remedial., protec~.ive or preventative work.
2~ Section 41-11. Deposit of Fin~s.
21 • To the extent permitted by l.aw, a11 fines levied and paa~d
22 pursuant to Secti.on 41-5 and all fees paid pursuant to Section 41-9
23 shall be deposi~.ed in ~.he County Treasury, 50~ ~o the Building
24 Inspection Special Revenue Fund and 50$ to the General Fund.
25 Secta.on 43.-12. Code Enfo~cement Officer Not to Carrg Fir~arms.
2~ No Code Enforcement Officer shall carry any firearm in ~he
~~ performance of his or her duties.
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Section 4~-13._ Appraval of Citat~on Form.
The form o£ the citations issued puxsuant to th~s Art~cle
shall be approved by the County Counse~ and the Dis~rict Attorney.
Section 41-14. R~medies C~mulative.
Nothing in this Artic~e shaZ1 prevent the apprapriate
authorities of th~ County of Butte from pursuing any civil, criminal,
or administrative r~medy deemed necessary or appropriate to gain
co~p~iance with the app~icable provisions of ~his Code. The p~ovisions
of this Article are ~o be ~upplemen~ary and comp~ementary to all of
the provisions o£ this Code, S~ate law, and any law cognizabl~ at
common law ar in eq~i~y, and nothing herein shall be read, inte~pre~ed
ar construed ~n any manner so as to bar or limit the Co~nty f~om
seeking any remedy ta which ~t may othe~wise be entitled."
Sectian 2.
Seetion 24-63 of Chapter 24 of the Butte County
Cod~ is hereby amended to read as follows: "Sec. 24-63. _ Procedure
for investigation and prosec~tion of zoning__violations. A~l aZleged
viola~ions of the terms o~ ~he zaning ordinances, other than thase
provided ~or in Sec~ion 24-52, shall be investigated by the Planning
Depaxtmen~, which shall make an inspection of the site on which the
~•viola~ion is a~~eged to have occurred or ~o be occurring and shal~
determine i~ the site was and is bezng used in conformance wi~h the
zoning regulations governing thaf site. Follawing such investigation
and determination, the Planning ~epar~men~ and the Code Enforcement
afficers sha11 proceed in accordance with the provisions o~ Articie I
of Chapter 41 of this Code."
Section 3. Severability.
~f any section, subsec~ion o~ portion of this ordinance is
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1~or any reason held ~o be invalid or unconstitutiona~ by the decisian
2 of any cour~ o~ competent 3ur~sdiction, such decision shall nat a~fect
3 the validity af the remaini~g sections, subsections or portions of
4 this ordinance. The Board of Supervisors hereby declares tha~ it
5 wou~d have adopted this ordinance and each sect~on, subsec~ion or
g portion thereof, ~rrespec~ive of the fact tha~ any one or mQre
~ sect~ons, subsections or po~tions be declar~d invalid or
g unconstitutional.
g Sec~ion 4.
lp This Ordinance shall be and it is hereby declared to be in
1~. fuli force and effect from and a~ter thirty (30) days after the date
~2 of its passage, and before the expiration of fi~teen {15) days a~te~
~3 i~s passage, this Ord~nance shall. be pub~.ished once with the naxnes of
14 the members af the Board o~ Supervisors vo~ing for and against i~. in
~5 th~ Orov~~le Mercury , a newspaper publ.ished in the County of
~~ Butte, State of Califarnia. PASSED AND ADOPTED by the Board
1~ of Supervisors o~ the Coun~.y of Butte, State of Cali~ornia, on the
Ig 13th day o~ _ Se~tember , 1988, by ~.he ~ollowing vate:
~g AYES: Supervisors Dolan, f~cLaughlin, Vercruse and Chairman 1~cinturf
20 NOES : None
~i • ABSENT : Supervi sor Ful ton
~2 NOT VOTTNG: NOne
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ASKEL Mc~N RF, Cha' o~ the
25 But~e Ca~nty Board of
Supervisars
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ATTEST:
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MARTIN J. NTCHOLS, Chief Adm~r~ist~ative
28 O~~icer and Clerk o~ the Board
BY ~ cf..~ ~.~
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