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Home My WebLink About2708~, - 1 2 3 4 5 6 7 8 9 10 11 l2 13 14 15 1~ 17 1$ 19 20 2l 22 23 24 25 26 27 28 Ordinance No. 2708 AN ORDINANCE ADD~NG SECT~ON 24-42 TO THE BUTTE COUNTY CODE AND AMENDTNG SECT~ONS 1-'1 AND 24-62 OF THE BUTTE COUNTY CODE REGARDING CODE VI~ZATIONS The Board of Supe~visors of th~ Caunty of B~t~e ordai.ns as foll.ows : Section 1. Section 24-42 is hereby added to the Bu~te County Code to read as £al].aws: "Sec~ion 24-42, Use P~rma.~ Violations. ~a) It shall be unlawful ~o establish, con~i~ue or maintain any use £or which a e~se permi~. is ~equired pursuant to ~h~ provisians of this Chapter, unless and until a use permit therefor is ob~a~.ned and in effect. {b) It shall be un~.aw~ul to viola~e any o~ the terms or conditions of a use permit." Section 2. Sectzon 1-7 of the Butte County Code is hereby amended to read as ~o~l.aws : "Section 1-~7. General penalty; continuing vio~atians. (a) Whenever in this Code or in any ather ordinance of the county ar in any ru~e or regul.a~ian promulgated pursuant thereto, any ac~. is prohibited or made or declared to b~ unlav~rful or an o£fens~, or the do~.ng of any acf. is required or the failure to do any act is declar~d to be unlawful or a misdemeanor, where no specific penalty i~ provided for, the violata.on of any such provision of this Code ar any other ordinance, rule or regula~ion of the coun~y sha~.l be punished by a fine not exceeding ~ive hundred dollars ($500.04) or imprisonmen~ for a term not exceeding si.x (6} -1-~ 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 i7 18 I9 20 21 22 23 24 25 26 27 28 months, or by both such fine and imprisonment. (b) Notwithstanding any provision of this Code to the contrary in subsection (a} above or in Chapters ~0, 11, 13, 14, 19, 23B, 24, 26, 26A, 26B, 27, 2$, 31, 32, 33 or 37, whenev~r any provisian in any of said Chapters provides that any act is prohibited or made or declared to be unlawful or a misdemeanor ar an infractio~, or requires the doing of any ac~ or declares the fai~ure to do any act unlawful o~ a misdemeanor or an in~rac~ion, the vioiation of such provision may be charged as an infraction and punishabZe as speci~ied in Section 41-5. This subsection {b) sha~~ apply to the v~alation o~ any provision described herein, incZuding but nat limi~ed to the following sections o~ th~s Code: IO-1~ 10-2~ 10-8~ ~0-22- 11~2~ 11-4~ 11-5r 11w6~ 11-7i 11-8~ 11~10~ 11-llr 1Z-18~ 13-3~ 13-104(a)~ 1~- 1, 14-4, 14-5, 14-12, ~4-15, 14-21, 14~28, 14-30, 1~-47, 14-48, 1~-61, 14-80, 14-91, 19-3, ~9-4, 19-5, 19~7, ~9-1$, 23B-3, 23B-10, 24-4, 24-5, 24-5. 24-36.2, 24-63.1, 24-6$, 26-6~ 26A-4~ 26A-12~ 26B~5~ 27-6~ 28-4~ 31~1~ 31-5~ 31~7.~r 31w8, 31-8.5, 31-11, 32-10, 33-3, 33-4, 37-7, 37-8, 37-9, 37-16, 37-22 and 37-23. (~} Every day any vioiation o~ this Code or any o~her ardinance, ru~e or regulation o~ the county continues shall consti~ute a separate o~fense." Section 3. Section 24~62 0~ ~he Bu~te County Code is amended ~o ~~ read as fallaws: "Section 24-62. Viola~ion of use ezmit terms; Revocation. Whenever any alleged viola~ion of ~he terms of a use ~2- 1 permit i~ brought to ~he attention of the planning 2 director, he or she sha1Z, after determining that a 3 violation does exist, give the permittee a written not~ce 4 to comply within thirty (30} days. Said notice shall be 5 sen~ by registered mail, return receipt requested, and the 6 th~rty (30) day period shall commence with the date af 7 mailing notice. Tf the permittee does not comply within 8 the thirty (30) day period, the pxanning director shall 9 place the question of the revacation of the use permit on 14 ~he agenda o~ the next regtx~.ar planning commissi~n meeting. ~l. Any use perinit may be revoked zf any o~ the terms or 12 condi~ions af sueh perinit are violated or i~ any acts o~ 13 omiss~ons o~ ~he permittee in connection with ~he use i4 authorized by saa.d permittee con~ti.tute a public nuisance. 15 The planning coFnm~ssion shall set a date for a hearing to 18 be held before it on any proposed revacation. Notice of 17 sa~.d hearing shall be advertised and noticed pursuant to 18 Government Code section 65905, and notice o~ said hearing 19 shall be given to the pe~mittee by registered inail. No~ice 2~ of the ta.me and place of said hear~.ng sha11 be sent to the ~1 permittee by r~gistered ~nail, return receipt requested, at ~2 Ieast ~en {].0) days prior to said hearing. The planning 23 commiss~.on may continue the hearing from tim~ to time. 24 Based upon the evidence presented at th~ hearing, the 2~ planning commission may revoke or modify the use permit. ~~ The decision of the planning commission. may b~ appeaZed 27 as provided in section 24-48 above. 28 Tf the fznal decision of the planning co~nission or board -3~- 1 2 3 4 5 6 7 8 9 10 ~1 12 i3 14 15 I6 17 18 X9 20 21 22 23 24 25 26 27 28 of supervisors, as applicable, is to revoke the use permit pursuant to this s~ction and the ~se contin~es even though the use permit has been revoked, the p~anning director may refer the matter to a Code Enforcement Otficer ~or action pursuant to Chapt~r 4~ of this Code or may repart such facts to the Board o~ Superv~sors and to the District Attorney and County Counsel for appropriat~ action. Evidence necessary to litigate the violatian sha~1 be submitted by the planning director to ~he District At~orney and Caunty Counsel in a~orm and wi~h a conten~ approved by them." Section 4. Severabi~it . ~f any part of this ordinanc~ shall be held void by a caurt of competent jurisdiction, such part shail be deemed severabl.e, and ~he inva3.idity thereof shall not af~ect ~.he remaining parts o€ this ordinance. Secti.on 5. This 4rdinance ~hall be and it ~s hereby declared to be in ~ull force and effect from and after thir'ty (30} day~ afte~ the date af its passage, and be~ore the expiration of fif~teen (15} days after ~.ts passage, this Ordinance shall be publ~.shed once with the names of the mernbers of the Board of Super~isors vating for and agains~ ~~ in the Orovi~le Mercury , a newspaper pub~ished in the County of Butt~, State of Cali~ornia. /// ll/ lll lll I/I -~- 1 2 3 4 5 ~ 7 8 9 10 11 I2 X3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED by the Board o£ S~pervisors of the Caunty of Butte~ State o~ Ca1.i~arnia, on the 4th day of Qctober . 1988, by the fo3.lowing vote: AYES: Superv~sars Dolan, Fulton, McLa~ghlir~, Vercruse and Cha~rman McTnturf N~ES : None ABSENT : None NOT VOTING : Nan~ HASKEL McINTURF, Chair f the Butte County Board of uperv~sors ATTEST: MARTTN J. NTCHOLS, Chief Admina.strati.ve Officer and Gle~k of the Soard By ~ -5-