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Ordinance No . 3093
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ORDINANCE ADDING ARTICLE VT TO CHAPTER 3 OF THE BUTTE COUNTY CODE
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REGARDING FEES CHARGEABLE BY THE AGRICULTURAL COMMISSIONER.
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The Board of Supervisors of the County of Butte ordains as follows:
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Section 1. Findin s
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The Board of Supervisors makes the following findings:
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{a} Fees chargeable by the agricultural commissioner have been
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previously established by resolution of this board, including resolutions
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86-165 and 87-19.
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{b) Said fees do not currently include fees for animal damage
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control activities.
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{c} Studies have been conducted to determine the cast of the
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agricultural commissioner in providing various services including animal
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damage control activities, and said studies have been made available to
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the public.
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(d) It is desirable to establish fees pertaining to animal damage
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control activities and to codify such fees and the other fees chargeable
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by the agricultural commissioner for ease of reference.
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{e) A public hearing has been duly noticed and held on September 28,
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1993, pursuant to the requirements of government Code Section 6b018, to
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consider the existing fees and said studies and to receive oral or written
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presentations pertaining thereto.
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1 (f) This ordinance is enacted pursuant to Food and Agricultural
2 Code Sections 11734, 12034, 11923, 15204, 29141 through 29144, 5202, 5204,
3 42793, and 12829, 3 California Code of Regulations 1392.8, Lobar Code
4 Section 1695, Article I, Section 1 of the Butte County Charter, and
5 Article XI, Section 7 of the California Constitution.
6 (g) The fees adopted by this ordinance da nat exceed the cast of
7 providing the service for which each such fee is to be charged, based upon
8 the analysis and conclusions in said studies.
9 Section 2.
10 Article VI is added to Chapter 3 of the Butte County Code to read as
11 follows: "Article VI. Agricultural Commissioner Fees.
12 Section 3-60 Payment of Fee Required. The fees specified in this
13 Article for services of the Agricultural Commissioner of the County of
14 Butte shall be paid before the services are provided or performed. In no
15 event will the service be provided or performed unless and until the
16 applicable fees have been paid in full.
17 Section 3-61. Schedule of Fees
18 A fee shall be charged for each service as specified below:
19 A. AGRICULTURAL PEST CONTROL OPERATOR REGISTRATION
20 1. Twenty-five dollars ($25.00) per year for Agricultural Pest
21 Control Operators and Maintenance Gardeners.
22 2. There shall be no fee charged for registration of fee exempt
23 Agricultural Pest Control Operators.
24 B. AGRICULTURAL PEST CONTROL ADVISOR'S REGISTRATION
25 Ten dollars ($10.00) per year for Pest Control Advisors who register
26 in person in the county and who have listed an their license an
27 address in the county or who choose this as the county of
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1 occupational choice, as the case may be, and five dollars {$5.00) per
2 year for an advisor who is now registering in an additional county.
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4 C. AGRICULTURAL PEST CONTROL AIRCRAFT PILOTS REGISTRATION
5 Ten dollars ($10.00) per year for Aircraft Pilots who register in
6 person in this county and five ($5.00) per year for Pest Control
7 Aircraft Pilots already registered in another county who is now
8 registering in an additional county (as evidenced by possession of
9 a Pest Control Aircraft Pilot County Registration Application
10 imprinted by another county).
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12 D. STRUCTURAL PEST CONTROL OPERATOR NOTIFICATION
13 Ten dollars ($10.00) per year for structural pest control operator
14 notifying the agricultural commissioner that they intend to work in
15 this county.
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17 E. APIARY INSPECTION SERVICES
18 1. Interstate movement. Upon request of the owner or shipper of
1g an apiary or apiary appliance who requires a Certificate of
20 Apiary Inspection in order to move such apiary to another
21 state, the County Agricultural Commissioner shall make such
22 inspections as may be necessary to determine the facts required
23 by the state of destination of such apiary or apiary appliance.
24 The fees for such inspections shall be as specified in
25 paragraph K below.
26 2. Certification of Colony Strength. Upon request of the
27 beekeeper or agricultural producer involved who requires a
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1 certificate of colony strength for bees used in pollination of
2 agricultural crops, the commissioner may make such inspections
3 as are necessary to determine the facts required. The fees for
4 such inspections shall be as specified in paragraph K below.
5 3. Issuance of Certificate. After making the inspection provided
6 for in paragraph Z ar 2 and upon receipt of the required fee,
7 the Commissioner shall issue a Certificate of Apiary Inspection
8 stating the facts determined.
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1~ F. PLANT SHIPMENT INSPECTION FOR CERTIFICATION
11. Federal and State Phytosanitary Certificates shall be charged at the
12 following rate:
13 1. Field inspection required by the receiving country, state or
14 county shall be charged as stated in Part K.
15 2. Fee exemptions:
1b a. No fee shall be charged for certification required by any
17 law, regulation or requirement of the United States or of
~g this state or by any ordinance, regulation, or requirement
1g of any county of this state.
20 b. No fee shall be charged far one package only, when the
21 package is brought to the Agricultural Commissioner's
22 Office for inspection.
23 Definition of a package: any box, bundle, sack, '
24 flat, crate or carton containing certifiable
25 material or one hundred pounds in bulk.
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1 G. FRUIT, NUT AND VEGETABLE CERTIFICATION INSPECTION
2 Inspection and Certification Authorized. Upon request by owners,
3 shippers, or other interested parties, the county agricultural
4 commissioner may make such inspections as may be necessary to issue
5 such certificates . The Fees for such inspection shall be as specified
6 in paragraph K below.
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8 H. CERTIFICATION OF FARMERS MARKETS AND CERTIFIED PRODUCERS
9 1. Ten dollars {$10.00) for issuing each Certified Producer's
10 Direct Marketing Certificate and five dollars ($5.00) for
it replacement or modification of a valid certificate.
12 2. Fifteen dollars ($15.00) for each Certified Farmers
13 Market Direct Marketing Certificate.
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15 I. FARM LABOR CONTRACTOR REGISTRATION
16 Fifteen dollars ($15.00} per year far Farm Labor Contractors.
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18 J. INVESTIGATION AND CONFIRMATION OF DESTRUCTION OF PRODUCE
19 REQUIRED BY RESEARCH AUTHORIZATION.
20 For the purpose of inspecting and confirming the destruction of.
21 produce as required in a research authorization, the
22 commissioner shall be paid actual costs incurred by the person
23 who has the research authorization, as specified in paragraph
24 K below, but not to exceed Fifty dollars {$50.00) per
25 inspection.
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1 K. For all inspections indicated in this Section 3-61 for which there
2 is not otherwise established a specific fee schedule, the fee charged
3 shall be at the weighted hourly charge of $30.50 per hour plus
4 mileage at the rate of $.26 per mile.
5 Tn addition to the above, if an inspection and/or certification is
6 requested at times other than normal working hours of the department,
7 and personnel are available to conduct such inspection and/or
8 certification, cost shall be at the rate of $45.75 per hour plus
9 mileage at the rate of $.26 per mile.
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11 L. ANIMAL DAMAGE CONTROL FEES
12 1. The fee for the placement of a trap to capture skunk, possum or
13 raccoon or other non-domestic animal that is causing damage to
14 urban property where the property owner or tenant requests
15 service far 2 weeks or less, shall be $15.00.
16 2. The fee for each servicing of a trap to remove non-domestic
17 animals on urban property shall be $10.00.
18 3. The fee for each removal of non-domestic animals from non-ADC
19 {Animal Damage Control) Program traps, assessment of
20 non-domestic animal damage, and recommendation for remediation
21 where implementation may be performed by another party, shall
22 be $15.00.
23 4. The fee for the control of depredating animals on
24 non-residential property such as ranch or farm property for
25 the protection livestock and other animal control services
26 where the property operator requests service for 8 weeks or
27 more shall be $200.00.
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1 5. The fee for services provided in sub-paragraph 4 above, for
2 non-residential property for an interval of two weeks or Tess
3 shall be $25.00. The property owner may request services for
4 additional 2 week intervals at $25.00 per interval up to a
5 maximum total charge of $100.00 per calendar year."
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7 Section 3.
8 The fees established by this ordinance shall, on the effective date
9 thereof, supersede all previously enacted fees for services provided for
10 herein. All such previously enacted fees are repealed on said effective
11 date, including but not limited to those fees established by resolutions
12 $6-165 and 87-19.
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14 Section 4. Severability.
15 If any part of this ordinance shall be held void by a court of
16 competent jurisdiction, such part shall be deemed severable, and the
17 invalidity thereof shall not affect the remaining parts of this ordinance.
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19 Section 5. Effective Date and Publication. This Ordinance shall be and
20 it is hereby declared to be in fu11 force and effect from and after thirty
21 (30} days after the date of its passage, and before the expiration of
22 fifteen (15) days after its passage, this Ordinance shall be published
23 once with the names of the members of the Board of Supervisors voting for
24 and against it in the Oroville Mercury , a newspaper
25 published in the County of Butte, State of California.
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1 PASSED AND ADOPTED by the Board of Supervisors of the County of
2 Butte, State of California, on the 2$~h day of septemb_e~ _, 1893,
3 by the following vote:
4 AYES: Supervisors Meyer, Dalan, McLaughlin, Thomas and Chair Houx
5 NOES : None
6 ABSENT: None
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NOT VOTING : Done ~' ~ ~
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8 E HOUX, Chair of the
MARY AN
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Butte C unty Board of Supervisors
10 ATTEST:
11 JOHN S. BLACKLOC
Officer and Clem of the Board
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By
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1 4 (agfccs.ord? '
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