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~ Ordinance No . ~ 2n 1
3
AN ORDINANCE ADDING CHAPTER 38A, ENTITLED
4 "FIRE PREVENTION AND PROTECTION", TO THE BUTTE COUNTY CODE
5 The Board of Supervisors of th~ County of Butte ordains as
6 follows:
7 Section 1. Enactment o~ Chapter.38A. Chapter 38A is hereby added
8 to the Butte Caunty Code ta read as fo].J.ows:
9"CHAPTER 38A FIRE PREVENT~ON AND PROTECTIDN
10 ARTICLE T. GENERAL PROVISICINS.
11 Section 38A-1. AUTHORITY; TTTLE. Pursuant to the authority
12 granted to it by Sections ~.4930 and ~.4931 of the H~alth and Sa~ety
13 Code of the State of Cali~ornia, Article T, Sectian 1. of the Butte
14 County Charter, Article xI, sectian 7 of the Cali~ornia
~.5 Constitut~.on and sectian 25845 of the California Government Code,
16 the Board o£ Supervisors does enact this Chapter, which shall be
17 known and inay be cited as the 'Fire Prevention and Protection
18 Ordinance.'
19 Section 38A-2. ~NTENT.
20 a. Tt is the intent of this Chapter to require the owners
21 and occupants of real property in the unincarporated areas of the
22 County to maintain said properties to:
23 1. Reduce the risk of uncontrolled ~ires and the harm
24 they may cause to individuals; ~~~
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25 2. Minimize the spread af any fire to other pr~rties
26 and buildings;
27 3. Reduce obstructions to fa.re suppression efforts if
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~ a ~i~e does occur;
2 4. Increase the oppartunity for fire fighters to
3 successfully protect lives, residences and other
4 valuable buildings fram wildfires.
5 5. Protect populated areas such as metrapolitan areas,
6 suburban areas, and rural subdivisions from
7 encraaching wildfires.
8 6. Reduce the spread of residential and other building
9 fires into the wild~and vegetation; and
~0 7. Prevent interference with fire hazard abatement
11 activities.
12 b. It is the further intent o~ the County to seek voluntary
13 campliance with this Chapter and to provide remedies if such
14 compliance is not obtained.
15 Section 38A-3. EFFECT. This Chapter shal~ supplement and be in
15 addition to the other fire prevention a~d protection statutes,
17 regulations, and ordinances enacted by the State, th~ County or any
18 other gavernmental agency having jurisdiction, including but not
19 limited to Public Resources Code Sections 4290 and 4291.
20 Section 38A-~. ADMINISTRATT~N.
21 ~xcept as otherw~se pravided, this Chapter shall be admin~stered
22 and implemented by the Fire Warden.
23 ARTICLE ~I. DEFINITIONS AND REQUTREMENTS
24 Sectian 38A-5. DEFINITIONS. Except where the cantext otherwise
25 req~ires, the following de~initions shall govern the constr~ction
26 of this Chapter:
27 a. "Abatement" means mitigation or elimination o~ a fire
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1 hazard.
2 b. "Cost of abatement" means the cost i.ncurred by the County
3 for the physical work of abatement on a specific parcel o~ real
4 property pursuant to this Chapter.
5 c. "Cost of Administration" means the administrative cost
6 incurred by the County in connection with abatement on a specific
7 parcel of real property pursuant ta this Chapter. "Cast of
8 Adm~.nistratian" daes not include the cost incurred by the County
9 for the physicaZ work of abatement.
10 d. "Discing" means tilling the so~.i so as to turn under or
11 remov~ vegetation by mechanical or hand operated methods including,
12 but not li.mited to, tractor drawn sai.l till.ing equip~nent, self
13 prope~~ed rototilling equipm~nt or hand hoeing.
14 e. "Firebreak" means a continuous area o~ land which is
15 created and maintained in accorda~ce with the requirements af
16 5ectior~ 38A-8.
17 f. "Fire hazard" means that condition which exists when weeds,
18 grass, rank grow~ths and trimr€~ings grow or accumulate u.pon real
19 praperty and do, or will when dry, create a medium for the rapid
20 spread of ~ire and ~herefore constitute a danger ta property or
21 persons.
22 g. e1Fire Warden" means the Fire Warden o~ the County o~
23 Butte or his ar her designees.
24 h. "Grass" means any herbaceous plant, cultivated ar not,
25 which will attain, when mature, such a height as to be a medium ~or
26 the rapid spread af fir~.
27 i. "Mowing" means c~tting or shredding weeds, grass and other
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~ vegetation by hand ar mechanica~ methods.
2 j. "Obstruction" means any mater~al or object, excluding
3 natural growing vegetation, which is placed or allowed to
4 accumuiate so as to interfere with fire suppression or the
5 abatEment of f ire hazards.
6 k. "Occupant" means an adult person or an entity having a
7 possessory interest in real property. "Occupant" a.ncludes a
8 tenant, resident or ather person or entity having possesszon, use
9 or control o~ the property.
10 l. "Owner" means an adult person or an entity having an
11. ownership interest in real property. "Owner" does not include
12 persons having ~nly a security interest in the praperty.
13 n-. "Rank Grawth" m~ans vegetati~n of any type, cultivated or
l~ not, which has attained or will, if allawed ta mature, attain such
15 a height and density as to be a medium for the rap~d spread afi
15 fire.
17 n. "Rural Lands" means those lands in the unincorporated area
18 of the County o~ Butte which are not °urban Iands" as defined
19 below.
20 0. "Urban Lands" means: (1} those lands ~n the unincorporated
21 area a~ the Caunty of Butte which are inside the spheres o£
22 influence of the cities of Biqgs, Chico, Gridley, Oroville and
23 Paradis~, as such spheres are established and amended from time to
24 time by the Butte County Local Agency Formation Co~nmission, and (2~
25 those lands outside said spheres of influence but withi.n an
26 approved subdivision which has lots on~ acre in si~e or smal~er,
27 whera 50% ar more af the lats within such subdivision have been
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1 developed and improved with residences.
2 p. "Weed" means any p~ant, whethe~ herbaceous or woody and o~
3 whatever height, except a tree, which grows wild.
4 Section 38A-6. ~ECLARATION OF NUISANCE. A fire hazard as
5 defined abave as a public nuisance which may be abated in
6 accordance with the provisions o~ this Chapter.
7 Section 38A-7. DUTY ~F OWNERS AND OCCUPANTS. Zt is the duty
8 of every owner and occupant of real property within the
9 unincarporated areas of Butte County to comply w~th the firebreak
10 requixements specified in 5ection 38A-8 and to prevent fire
11 hazards from arising on, ar existing upan, his or her property.
12 Section 38A-8. F~REBREAK RE UIREMENTS.
13 a. Purpose. Firebreaks shali be created and maintained on
14 real property, where a fire haza~d exists, to slow or stop the
15 sp~ead of ~ire under norma~ su~-mer fire season conditions.
16 b. Criteria To B~ Considered. The following criteria shall be
~7 cansidered by the Fire Warden in determining the ~irebreak
18 requirements applicable to any property. Firebreak requirements
~9 less than the maximums speci~ied below are favared where such
20 lesser raquirements are determined by the Fire Warden to be
21 consistent with the ~ntent of this Chapte~.
2~ (~) Location a~ buildings on or in close praximity to
23 the property.
24 (2) Type, density and canditian af vegetation on the property
~5 or ~n adjacent property.
26 (3) Existence o~ inflarnr~able or atherwise hazardous materials
27 an the property or on adjacent praper~y, and;
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1 (4} Existence of natural or other existing firebreaks on the
2 property o~ on adjacent property.
3 (5) The slope and ather characteristics of the terrain which
4 may make the creation and maintenance ot firebreaks
5 infeasible.
6 c. Rural Land Maximum Re u3rement. Upon consideration of the
7 pu~pose and criteria specified in subsections a and b above, the
8 Fire Warden may require fireb~eaks up to thirty {30} feet wide
9 around residences and buildings. The owner or occupant of a
10 property shall on~y be requi~ed to create and maintain firebreaks
11 on his ar her own property. All firebreaks required shall be
12 created and maintained by mowing to a maximum height of 3 inches,
13 d~scing or remaving ~he annual weeds and grasses and other rank
~4 growth which is the primary flammable vegetation, and by removing
I5 obstructions.
16 d. Ru~a1 Lands Lesser Re uiremants. On rural lands ~irebreak
17 requirements around residences and buildings less than the maxxmum
1S specified in subsect~on c above shall be favored where they are
19 determined by the Fire Warden to be consistent with the intent of
20 this Chapter and where the lower density of improvements and the
21 type of vegetatian poses a lesser threat to lives, residences and
22 ~ther buildings.
23 e. Aaricultu~al Lands. On non~~rrigated pasture lands
24 firebreaks around residances and buildings may be created and
25 maintained by allowing livestock grazing to limit growth of annual
26 vegetation to a height of th~ee (3} inches maximum. On irr~gated
27 pasture and on irrigat~d crops and orchards, firebreaks shall not
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1 be required.
2 f. Modif ication of Requirements For Environmental Factors . The
3 Fire Warden may approve ~educed firebreak requirements around
4 residences and bui~dings ta mitagate erosion potential on steep
5 slopes, to prevent destruction of unique wildlife habitat,
6 endangered species and/or vernal pools, or for other environmental
7 factors. Each special circumstance will be evaluated based on the
8 facts of the situation. The Fire Warden is encouraged to coordinate
9 with Soi1 Cons~rvation, Fish and Game, Corps of Enqineers, Water
10 Quality or other agency representatives when we~d abatement
11 activities are indicated on properties where signi~icant
12 environmental considerations may aris~.
~3 g. Shrubs. Specimen shrubs may be retained with~n firebreaks,
14 provided that:
~~ (1) They are spaced at a distance equal to no less than
16 3 times their widest daameter, and ar~ not less
~~ than Z5 feet from other specimens or buildings.
lg (2) Ai1. specimens are kept ~ree of dead wood and
~g Iitter.
20 (3) Al1 specimens shall be trimmed a minimum of 2 feet
~1 up from the ground or one third of their height,
Z~ whichever is greate~.
23 h. Trees. 5peci.men Trees may be retained within firebreaks
24 prov~ded that:
25 (1) All specimens are kept free af dead wood and
26 litter.
2~ (2) Ali conifer specimens shal.l be trim~ed of 1.imbs to
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1 a minimum of one third of their height fra~ the
2 ground ar 12 ~eEt up from the ground, whichever is
3 lesser.
4 {3) AlI non-conifer specimens shall have a1i limbs
5 under one inch in diameter r~moved to a point one
6 third of the height of the tree above the ground or
7 12 ~eet up ~rom the ground, whichever is Zesser.
8 (4) Crowns flf adjacent speeimens are not interlaced so
g as to constitute a medium far the rapid spread of
10 ~ire.
11 i. Fire Resistive Ve etation.
12 Firebreaks may include fire resistive vegetatian such as green
13 lawns, ice plant, green ivy, and other plants recognized by the
14 ~ire Warden as being fire resistive. Any fire res~stive p~ants
15 must be maintained in a state sa as ta resist the spread of fire.
1fi j. U~ban Lands.
17 Upon consideration of the purpose and c~iteria specif ied in
18 subsections a and b above, the ~'ire Warden may require the
19 following firebreaks:
20 (1) On lots or parcels on urban lands whi.ch are one (~.) ac~~
21 in si~e or smaller and unimproved with residences or
22 ~ther valuable buildings, tirebreaks may be required on
23 the ent~re area of each lat or pa~cel by ~nawing to a
24 maximum height o~ three (3) inches, discing or removing
25 the annual weeds, grasses, rank growth and tri~nanings, and
26 by removing obstructions. Such lots or parcels which are
~'7 improved with residences or other valuable buildings
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1 sha13 be subj~ct ta the firebreak ~~quirements speci~ied
2 in subparagraph (2) below.
3 {2} On lots or parcels on urban lands and more than one (1)
4 acre in size, the firebreak requi~ements sha11 be the
5 same as specified in s~bsectian c above for rural lands
~ on property where residences and buildings are located.
7 In addition, where there is a fire hazard an an adjacent
g property and such fire hazard is within 30 feet ot such
9 residence or build~ng, the owner or occupant af s~ch
10 adjacent property may be required to creat~ and maintain
11 a~irebreak of sufficient width so that the total
~~ firebreak width a~ound such residences and bui~dings is
13 thirty (34} feet.
14 ARTICLE TI~. NOT~CE OF EXISTENCE OF FIRE HAZARD.
15 Section 38A-9. NOTICE. Whenever the Fire Warden determines
16 that a f~re hazard exists on real property, he ar she shall notify
17 the owner(s) or occupant{s) of the property.
18 Section 38A-10. CONTENTS ~F NOTIGE. The notice required by
19 Section 38A-9 shall be in writing and shal~:
20 a. Identi~y the owne~(s) o~ the property upon which the
21 nuisance exists as named in the reco~ds of the County Assessor and
22 id~ntify the occupant(s), if other than the owner(s), and if known
23 or reasonably identif~able.
24 b. Describe the location af such property by its cammonly
25 used street address, giving the name or number of the street, road
26 or highway and the number, if any, of the property.
27 c. Identify such praperty by reference to the Assessor's
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1 Parcel Number.
2 d. Describe the tire hazard which exists and the ~irebreak
3 req~ired to abate it.
4 e. State that the not~ce constitutes an order to abate the
5 fire hazard within twenty (20) days a~ter the date that said notice
6 was served and that failure to do so may be charged as a violation
7 of the provisions of this Chapter pursuant ta Section 38A-28.
8 f. State that if the vialation of any provision o~ this
9 Chapter continues to exist on or after the date of any violator's
~0 conviction of violating sa~d provision, the Fire Warden may submit
11 a Notic~ of Violatian t~ th~ County RECOrder ~or recordation
12 pursuant to Sect~on 38A~28c.
13 g. State that the ~wner or occupant may, within twenty (20)
14 days after mailing or personal delivery o~ the natice, appeal th~
15 determination of the Fir~ Warden that a fire hazard exists. The
16 appeal shall be submitted pursuant to Section 38A-13.
17 h. 5tate that, un~ess the owner or occupant so notified
18 abates the £ire hazard or timely appeals the determination of the
19 Fire Warden, the Fi~e Warden may abate the fire hazard and may
20 charge both the cost of the abatement and the cvst o~
21 administration to the owner or occupant so notified. ~t shall also
22 state that if the owner has been natified but daes not pay the cost
23 of such abatement, together with the cost of administrat~.on, such
24 costs may be ~nade a special assessment and lien against the
25 praperty pursuant to Section 38A-26.
26 Section 38A-11. S~RVICE OF NOTICE. The notzce required by
27 Secta.on 38A-9 shall be served by delivering it persona].1y ta the
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~ owner or occupant, or by mailing it by regular mail, together with
2 a certi~icate a~ mailing, to the occupant of the property at the
3 address thereof~and to the non-occupying awner at his ar her
4 address as it appears an the last equalized assessment roll, except
5 that, if the recard~ of the County Assessar show that the ownership
~ has changed since the last equalized assessment roll was completed,
7 notice sha~~ be mailed to the new owner at h~s or her address as it
8 appears in said records.
9 Section 38A-12. P~STING OF NOTICE. rf the address ~f the new,
10 non-accupying owner is not in the County Assessor's records and is
11 not otherwise discavered, the notice required by Section 38A-9
12 ~ay be served on such owner by posting copies along thE frantage of
13 the subject property not more than one thousand (1,000) feet apart
14 and at such other locations on the property mast likely to give
15 notice to th~ owner. ~n no event sha11 fewer than tw~ (2) copa.es
16 of the notic~ be posted on a property p~rsuant to this section.
17 ARTICLE IV. HEARING ON EXISTENCE OF FIRE HAZARD.
18 Section 38A-13. APPEAL. An owner or occupant of property who
19 has been notified pursuant to th~s Chapter that the Fire Warden has
20 determined that a fir~ hazard exists on the property may, within
21 twenty (20) days after the mailing ~r pe~sonal delivery of the
22 natice, appeal the determi.nation. The appeal shall be ~iled in
23 writing with the Clerk of ~he Board, must be received within the
24 said twenty (20} day period, sha1.1 describ~ the property by street
25 name and number and Assessa~'s Parcel Number and shall give the
26 name of the appe}.Iant and his or her address. Any own~r or
27 accupant who fails to appeal within the twenty (20) day period
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1 waives his or her r~ght to appeal.
2 Section 38A-19. NOTICE OF HEARING. I~ an appeal has been
3~iled in accordance with Section 38A-13, the Clerk of the Board
4 shall set a date and time for the appeal ta be heard by the Board
5 of Supervisors and shall send a notice of such hearing date and
6 time t~ the appellant by regular ma~l at least ten (10} days before
7 such hearing date at the address set fo~~h in his or her appeal.. A
8 copy af the appeal arid hearing ndtice shall be sent ta the Fire
9 Warden at the same t~me.
10 Section 38A-15. CONDUCT OF HEAR~NG; FA~LURE TO APPEAR.
11 a. At the date and time set, a pub~ic hearing shal~ be held
12 on sa~d appeal by the Board of Supervisors. The Board o£
1.3 Supervisors shall hear all pertinant evidence offered by the
14 appellant and all interested persons. The technica~ rules o~
15 evidence shal~ not be applicable t~ the hearing, except that the
16 Board's decision may not be based whoily on hearsay eva.dence.
17 b. Fai~.ure by the appellant ta appear at the scheduled
18 hearing constitutes his ar her waiver of the right to a hearing on
19 the issue of existenca of a fire hazard unless a written request
20 for a continuance specifying good cause has been received by the
21 Clerk of the Board at least 24 hours priar ta the schedu~ed hearing
22 and said request is granted by the Board.
23 Section 38A-~6. HEARING DECISION. At the conclusian of the
24 hearing, the Board of Supervisors may determine:
25 a. That no fire hazard exists.
26 b. That a fire hazard exists and should be abated. The
27 Baard sha11. thereupan order the fi.re hazard abated pursuant to
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1 Article V of this Chapter na ~ater than the ~ifth day following the
2 persona]. service on or mailing of the Board~s decision to the
3 appellant or at such later date as the Board may speci~y.
4 c. That a fire hazard exists which may be abated by some
5 procedure proposed by the appellant other than mowing, discing,
6 removing or otherwise maintaining a firebreak. I~ the Board
7 determines that another procedure proposed by the appellant may be
8 employed ta abate the fire hazard, it sha~.l order such alternative
9 abatement to be accomplished no later than the £ifth day tollowing
10 the p~rsonal service on or ma~l~.ng of the Board's decision to the
11 appellant or at such later dat~ as the Board may specify.
~2 Section 38A-17. FAILURE ~O ABATE.
13 If the appellant faa.ls to complete the abatement as ordered
1.~4 and within the time specified by the Board, the Fire Warden may
15 commence abatement in accordance with Articl.e V a~ this Chapter.
16 ARTICLE V. ABATEMENT, COST ACCOUNTING AND RECOV~RY.
17 Section 38A-18. ABATEMENT BY OWNER OR OCCUPANT. Any owner or
18 occupant may abate the fire hazard or cause it to be abated at any
19 ti~e priar to commenc~inent of abatement by, or at the direction of,
20 the Fire Warden.
21 Section 38A-19. ABATEMENT; ENTERING PROPERTY.
22 a. I~ the owner or accupant has nat abated the fire hazard in
23 accordance with the natice served an him or hear pursuant to Article
24 III above, and if no appeal is received by the Clerk of the Board
25 of Supervisors pursuant to Section 38A-3.3, the Fire Warden may
26 abate or cause the abatement of the fire hazard. The Fire Warden
27 Snai~. not commence such abatement until at least twenty (20) days
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1 after said natice was mailed or p~rsonally delivered ta the owner
2 or occupant.
3 b. If the appe~lant has not abated said fire hazard in
4 accordance with the order of the Boa~d of Supervisors served on him
5 ar her pursuant to Article IV above, the Fire Warden may abate or
6 cause the abatement of the fire hazard.
7 c. The F~re Warden, or independent contractors hired by him or
8 her, may enter upon the property on which said fire hazard exists
9 for the purpose of abating the fire hazard.
lo d. Nothing in this Chapter shal.l be construed as impo~ing on
11 the Fire Ward~n ar the County of Butte any duty to abate a~ire
12 hazard, and neither the Fire Warden nor the County of Butte sha11
13 be h~1d ].iable for ~ailure to abate any fire hazard.
14 Section 38A-20. ACCOUNTING. The Fire Warden shall keep an
15 account of the cost af each abatement carried out by him or her ar
16 by independent contractors hired by him or her.
1'~ Section 38A--2 3. B~LLYNG OF C~STS . Upon campletion of the
1.S abatement by the ~'ire Wa~den, he or she shall bi1.1 the natified
19 owner or occupant o~ the appellant by mailing or persona~. delivery
20 of a statement reflecting the cost of abatement and the cost of
21 administratian. Payment of sueh bil~ing is due within thiarty (30)
22 days of mailing or pe~sonal delivery of the statement.
23 Section 38A-22. AMOUNT OF COST OF ADMTNISTRATION. The Board af
24 Supervisors hereby determines pursuant to the results of the cost
25 anaJ.ysis dated 3/13/95 and submitted to the Baard of Supervisors by
26 the Butte County Fire Department, the average cost of
27 administration to be twa hundred f ifty dolla~s ($250. 00 ) per parcel
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1 far a fire hazard abated by the Fire Warden. For the purposa of
2 determining the cost of administration, all contiguous lands owned
3 by the same person or persons shall be dee~ed ta be a single
4 parcel, even though the Contiguous property may be designated with
5 more than one Assessor's Parcel Number.
6 Section 38A-23. REQUEST FOR HEARING RE ABATEMENT COSTS. An
7 owner or occupant may request a hearing be~ore the Board af
8 Supervisors on the iss~e of abatem~nt costs by writing to the Clerk
9 of the Baard within thirty (30) days of the mailing or personal
10 delivery af said cost statement to him or he~ pursuant ta Section
~1 38A-21. The request ~or a hearing shall describe the property by
12 street name and number and Assessor's Parcel Number and sha~l give
13 the name of the owner or occupant making the request and his ar her
14 address. Any owner or occupant who ~ails to request said hearing
15 on cost of abatement within the 30 day period waives his or her
16 right to do so.
17 Secta.on 38A-24. ~FFECT OF PAYMENT ~F COSTS.
~8 Unless otherwise express~y stated by the owner or occupant in
19 writing, payment o~ the cost of abatement shall. be deemed a waiver
2p af any right to a hearing and an admission that the statem~nt of
21 such paid cost is accurate and reasonable.
22 Section 38A-25. NOTICE AND CONDUCT OF ABATEMENT COST H~ARING;
23 FAIi,URE TO APPEAR.
24 a. If a hearing has been requested in accordance with 38A--
25 23, the Notice of Hearing shall be served in accordance wi.th 38A-14
26 of this Chapter.
2"7 b. Said hea~ing sha11 be conducted in the manner prescra.bed
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1 in Section 38A-15 of this Chapter.
2 c. The account of th~ Fire Warden pertaining to the costs ot
3 abatement in question shall b~ admitted into evidence.
4 d. Failure by the owner or occupant who requested 'the
5 hearing ta appear at the scheduled hearing constitutes a waiver of
5 the r~ght t~ a hearing an the issue af abatement costs unless a
7 written request ~or a cantinuance specifying good cause has been
8 received by the Clerk of the Board at ieast 24 hours prior to the
9 scheduled hearing and said request ~s granted by tha Board.
10 e. Upon the conclusion af the hea~inq the Board shall decide
il the amount of the costs ot abatement and order the payment thereof
12 by the owner or occupant who requested the hearing. The decision
13 of the Baard of Supervisors shall be final as to aZl matters
14 determi.ned.
15 5eation 38A-26. SPECIAL ASSESSMENT AND L~EN. The Board of
16 Su.pervisors may order that the unpaid casts a£ abatement and costs
17 af administration billed or ordered to be paid by the owne~
18 pursuant to this Chapter sha~l be placed upon th~ County Tax Rol~.
19 by the Caunty Auditor as specia7. assessments against the respective
20 parcels of real property, or placed on the unsec~.red tax roll,
2~. pursuant to Section 25545 of the Government Code af the State of
22 California; provided, however, that the cost of abatement and the
23 cost o~ administration as fina~.ly determined shall not be placed on
24 the tax roll if paid in full to the County oF Butte prior to entry
25 of said costs on the tax roll. The Board of Supervisors may also
26 ca~se notices of abatement lien to be recorded against the
27 respective parcels of real property pursuant to Section 25845 ot
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1 the California Government Cad~.
2 ARTICLE VI. VIOLATTONS AND PENALT~ES
3 Section 38A-27. VIOLATION. An owner or occupant, as defined
4 in this Chapter, is strictiy liable for the condition o~ his or her
5 real property. Allawing or maintaining a fire hazard on real
6 property shall constitute a violatian punishable under Section 38A-
7 28 if any of the fo~lowing conditions exist:
8 a. Such fire hazard is not ti~ely abated aPter the Fire
9 Warden has natified the owner or occupant of the existence of the
10 fire hazard pursuant td Artic7.~ I~T above and there has been no
1]. ti~r-e1y x~equest mad~ ~o the Board of Supervisors for a hearing on
12 the determination of the existence of such fire hazard pursuant ta
13 Article IV above; or,
14 b. If, after a hearing held by the Board of Sup~rvisors
1.5 pursuant to Article IV above, the Board dete~mines that such a f ire
16 hazard exists and such fa.re hazard is not abated in accardance with
17 the Board's arder served pursuant to Section 38A-16(b) or (c}.
18 Section 38A-28. PENALTIES.
1.9 a. Violations o~ this Chapter are chargeab~.e as infractions
20 and shall be punishable by the fallowing fines, pursuant ta Section
21 25132 of the Government Code:
22 ~.. A~ine not exceeding one hundred dollars ($~00)
23 plus penalty assessment for a first violation.
24 2. A fine not exceeding tw~ hundred dollars ($200)
25 plus penalty assessment for a second violation
26 within ane year.
27 3. A fine not exceeding f ive hundred dollars ($500)
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1 plus pena~ty assessm~nt for each additianai
2 vialation within one year.
3 b. If an awner or occupant is cha~ged with an infraction, he
4 or she ~ay avoid the necessity of appearing in court as spec~fied
5 in the citat~on by fi~ing with the court, at least 24 hours prior
6 ta the appearance date, a proof of correction signed by the Fire
7 Warden, toqether with payment af a caurt administrative fee of
8 three dollars and fifty cents ($3.50).
9 c. Upon conviction ~f an owner or occupant for violat~on of
10 this Chapter, and if the vio~ation continues to exist on or after
11 the datE af the conviction, the Fire Warden may submit a Notice of
12 Violation ta the County Recarder for r~cordation. Said Notice of
13 Violatian sha11 inc~ude a description of the premises, a
14 description of the violation, the action necessary ta abat~ the
15 violation, th~ date of the conviction for said violation, th~ caurt
7.6 that entered the judgement of conviction and the case number. For
17 the purposes of this ~ubsection, a bail forfeitt~re or a plea ot
18 No1o Cantendere sha11 be deemed ta ba a"conviction".
19 Section 38A-29. REMEDIES CUMULATIVE. The provisions of this
20 Chapter are supp~.ementary and complementary to all of the
21 provisions o~ the Butte County Code, State law and any law
22 cognizable at common ~aw or in equity; and nathing herein shall be
23 read, interpr~ted or canstrued in any mann~r so as ta bar or limit
24 the Fire Warden from seeking any remedy to which the County may
25 otherwise be entitled.
26 Section 38A-30. VALTD~TY. I~ any provision o~ this Chapter,
27 or the application thereof to any owner, for any reason, is held to
28
18
1 be invalid, or uncanstitutional, by a court of competent
2 jurisd~ctian, the remainder o~ this Chapter and the application o£
3 its provisions to other persons and circumstanc~s shall not b~
4 affected thereby."
5 Secti.on 2. CE4A Findin_~ The Board finds, pursuant to Title 1.4 of
6 the California Code of Regulations {"CCR"), Sect~on 15378, that
7 adoption of this ordinance i.s exempt fro~n the requirements af the
8 California Environmental Quality Act {CEQA) for the ~ollowing
9 reasons, each of which is suffic~ent in and of itself ta support
10 this tinding:
11 A. Adoption af the ordinance is not a"Project" ~xnder CEQA,
12 in that it does not have a potential for r~sulting in a detrimental
13 physa.cal change in the environment, directly or ultimately, as
14 prava.ded in CCR Sect~on 15378{a);
15 B. Adoption of the ordinance is further exempt under the
16 definition of "P~oject" in CCR sectian 15378(b)(3) in that it
17 concarns general pol.icy and procedure making;
18 C. It can be seen with certainty that there is no passibility
19 that adoption af this ordinance may have a significant eftect upon
20 the enviran~nent pursuant ta CCR Sectian 15061. (b)(3); and
21 D. Adopt~.on of this ordinance is an action by a regulatory
22 agency that wiii bath enhance and protect the environment and is
23 therefor~ categorical].y exempt pursuant to CCR Section 15308.
24 ///
25 ///
25 ~~/
27 ///
28
I9
1 Sectian 3. Effective date• Publicatian.
2 This Ordinance shall be and it is hereby declared to be in
3 ful]. force and e£f~ct from and after thirty ( 3 D) days after the
4 date of its passage, and before th~ expiration o~ fifteen (15) days
5 after its passage, this Ordi.nance sha11 be pub~.ished once with the
6 names of the ~nembers o~ the Board af Superv~.sors vot~.ng for and
7 against it in the Chico Enterprisa Recoxd ___ . newspaper p~.blish~d
8 in the Caunty of Butte, State of Californ~a.
9 PASSED AND ADOPTED by the Board of Supervis~x-s af the County
~.0 of Butte, State af Ca~i~ornia, on th~ 25th day af
11 A ri1 , 1995, by the ~ol~owing vote:
12 AYES:Supervisors Do1an, Houx, Thomas, Chair McLaughli~
~3 NOES : S~pervisor Meyer
14 ABSENT : None
15 NOT VOTING: Nane
L
G
16 ~
ED McLAUGHLIN, air of the
~7 Butte County B rd of Supervisors
ATTEST:
1$ ~
JOHN BLACKLOCK, Chief
~.9 Ad~ninistrative Officer d Clerk
of the Board
20
By
21 (weed2. c].n)
22
23
24
25
26
27
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20