HomeMy WebLinkAbout33101
2
3
4
5
6
7
9
to
11
12
13
14
IS
I6
17
18
19~
20
21
22
23
24
25
26
27
28
Ordinance No. 330
ORDINANCE AMENDING CHAPTER 41, ENTITLED "CODE
ENFORCEMENT POLICIES AND PROCEDURES", OF THE
BUTTE COUNTY CODE, BY ADDING PROVISIONS
PERTAINING TO ENFORCEMENT AND NOTICES OF NON-COMPLIANCE
The Board of Supervisors of the County of Butte ordains as
follows:
Section 41-2 of the Butte County Cade is amended to
read as follows:
"Section 41-2, Enforcement.
(a) es s' 'ties fe e e tm s.
Notwithstanding any other provision of this code to the
contrary, the affected County department shall be
responsible for the initial identification of and contact
with persons who are suspected to be in violation of any
provisions of this code.
(b) Notices:
(1) The affected department may issue a written courtesy
notice giving violators not less than thirty (30) days to
voluntarily comply.
(2) Tn the event of noncompliance with the courtesy
notice, the affected department shall issue a formal
written warning notice to violators. Said notice shall
I
1 expressly state:
2 a. The violator is in violation of such code
3 section as is applicable;
4 b. The violation shall be corrected or abated by the
5 violator by specified action;
6 c. Unless such violation is so corrected or abated within
7 a specified time of not less than ten (10) days, said
8 person will be issued a citation to appear in court
9 far said violation and for failing to comply with said
1Q warning notice;
11 d. Upan conviction of said violation or of failing to
12 comply with said warning notice, penalties shall be
13 imposed and a Notice of Violation recorded in
14 accordance with section 41-7.
15 e. The name and phone number of the departmental employee
16 from whom further information may be obtained.
17 {3)Any courtesy or warning notice issued hereunder shall be
18 personally served on the violators or mailed by first class mail in
19 a sealed envelope with postage thereon fully prepaid and addressed to
20 the violator at his or her last known address.
21 (c}Citations. Following the notice procedure specified in
22 subsection {b} above, in those cases where the violation
23 continues, a code enforcement officer may issue a citation
24 pursuant to Section 41-3(c).
25 (d) Exception~~ Notwithstanding the provisions of subsections
26 (b}{1) and {2) above: (1} the head of the affected department or
27 the division manager may, in his or her discretion, issue a
28 formal written warning notice to a violator, in the same form
2
1
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2S
specified in subsection (b){2}, even though no courtesy notice
has been given pursuant to subsection (b) (~.) ; or ( 2 } a county
code enforcement officer may immediately issue a citation, upon
the request of the head of the affected department or the
division manager, and when: there is reasonable basis to
believe that the violation constitutes a threat to the health
and safety of any person or persons, including that of the
alleged violator, or to property; or the violator may not
remain in the county or may otherwise be difficult to locate at
a later time.
(e) Fail»rP To Comply With Warning _No 'cam It shall be and
infraction for any violator to refuse or fail to comply with a
warning notice issued to him or her pursuant to subsection
(b}(2) above.
(f) public Nuisan_ce~ Any violation that is continued in
disregard of a warning notice issued pursuant to subsection
(b)(2) above is hereby declared to be a public nuisance and may
be abated in the manner prescribed by law.
~.ection 2._ Section 41-6.1 is added to the Butte County Code to read
as follows:
"5ectio 41-5 1 Notice of Non_Compliance.
(a) a o o -Cam lia ce. If the affected department so
elects, it may, instead of, or in addition to, proceeding pursuant
to Section 41-2 (b) through {e) above, issue a written Warning of Non-
compliance.
(b} e t War The Warning of Non-compliance shall
II state
(1) There is a non-compliance with a specified code
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17 ~,
18
19
2Q
21
22
23
24
25
26
27
28
section(s) on the identified property;
(2) Unless such non-compliance is corrected or abated
within a specified time of not less than twenty {20) days,
a Notice of Non-Compliance will be recorded in accordance
with section 41-6.1;
(3) If a Notice of Non-Compliance is retarded, a Notices
of Compliance may subsequently be recorded after the non-
compliance has been corrected or abated pursuant to section
41--6.1 (k) , upon payment of the required fee.
(4) If a Notice of Non-Compliance is recorded, County
permits, licenses or other entitlements involving the
premises shall not be issued or approved, except as
necessary to correct ar abate the non-compliance, pursuant
to Section 41-10.
(5) The owner(s) may request an administrative hearing
prior to recordation of a Notice of Non-Compliance pursuant
to subsection (d) below.
{6) The name and phone number of the departmental employee
from wham further information may be obtained.
(c) Service. Any Warning Notice of Non-Compliance issued
hereunder shall be personally served on the owner(s) or mailed by
first class mail in a sealed envelope with postage thereon fully
prepaid and addressed to the owner(s) at his or her last known
laddress.
(d) Request far hearing. The owner(s) may request an
administrative hearing prior to retardation of a Notice of Non-
Compliante by mailing or delivering a written request therefor to the
Director of Development Services. Such request must be identified as
4
iV
3 it
4
5
6
7
8
9
10
11
12
13
14
15
16
17'
1$
19
20
21
22
23
24
25
26
27
28
a "Request for Administrative Hearing re Warning of Non-compliance",
must include the Assessor Parcel number of the parcel affected, and
must be received within twenty (20) days from the date of personal
service or mailing of the Warning of Non-Compliance. Tf a Request for
Administrative Hearing is timely received, no Notice of Nan-compliance
shall be recorded unless and until so ordered by the appeals board
after conclusion of the hearing.
{e) Failure to_Rec~,uest Hearing. If no Request for Administrative
Hearing is received within said twenty (20) day period, a Notice of
Non-Compliance may be recorded by the affected department.
(f} & eals Bo rd• Setting and Holding Hearing. Appeals shall
be held by the Appeals Board established by Resolution Number 64-3 by
the Board of Supervisors. Upon receipt of a Request for
Administrative Hearing, the Director of Development Services shall:
notify the Appeals Board; set a date and time for the hearing to be
held; and, not less than twenty (20) days prior to the hearing, notify
the owners} and the affected department of the time, date, and place
of the hearing. Such hearing shall be held within a reasonable time.
(g) a ce a At the hearing the parties may be
represented by counsel and may present pertinent evidence and
argument. The technical rules of evidence shall not be applicable to
the hearing. Three members of the Appeals Board shall constitute a
quorum, and decisions and orders of the Appeals Board must be based
upon a preponderance of the evidence and made upon an affirmative vote
of a majority of the quorum present. If the Appeals Board determines
that there is a non-compliance with the Butte County Code as alleged
in the Warning of Non-Compliance, the Appeals Board shall order that
a Notice of Non-Compliance be recorded by the affected department
5
1 within ten {10} days from the date of decision. If the Appeals Board
2 determines that there is no such violation, the Appeals Board shall
3 order that no Notice of Non-Compliance be recorded. The Appeals Board
4 is not authorized to make any other orders. The Appeals Board shall
S issue its decision in writing, within ten (10) days from the
6 conclusion of the hearing, based solely upon the evidence in the
7 hearing record. The decision of the Appeals Board shall be final.
8 {h) tent N ice of N ncom liance. If a Notice of Non-
9 Compliance is recorded pursuant to subsection (e) or (g) above, such
10 notice shall include the following information, as applicable: the
11 assessor parcel number of the premises; the legal description of the
12 premises; a description of the non-compliance; the action necessary
13 to correct or abate the nan-compliance; the date of the non-,
14 compliance; the date of the personal service ar mailing of the Warning
15 Notice of Non-Compliance; notice that County permits, licenses or
16 other entitlements involving the premises shall not be issued or
17 approved, except as necessary to correct or abate the non-compliance,
18 pursuant to Section 41-10; and
19 the date of issuance of the decision of the Appeals Board.
20 (i} ArnrAdure supplementary to other remedies. The remedy of
21 recording a Notice of Non-compliance is supplementary and
22 complementary to all other remedies in law or equity.
23 {j) ubli Nuis nce. Any non-compliance that continues after
24 recordation of a Notice of Non-Compliance pursuant to this section is
25 hereby declared to be a public nuisance and may be abated in the
26 manner prescribed by law.
27 (k} ti e of Com liance. Upon all work to correct ar abate the
28 non-compliance being completed by the owner(s) and approved by the
affected department and payment by or on behalf of the owner(s) to the
6
1
2
3
4
SII
6
7
9
10
11 it
12 I
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
County of Butte of the amount set forth in Section 41-9 to defray the
County's costs of recording the Notice of Non-Compliance, conducting
follow-up inspections and recording a Notice of Compliance pursuant
to this subsection, the affected department shall submit a Notice of
Compliance to the County Recorder for recordation. Said Notice of
Compliance shall reference the related Notice of Non-compliance
recorded pursuant to subsection {e) or {g} above.
Section 3. Section 41-10 of the Butte County Code is amended to read
as follows:
"Sectian 41-10. Refusal to issue permits, licenses or
other entitlement.
(a) s o ssue.
Upon recordation of a Notice of Non--compliance or a
Notice of Violation, no department, commission,
committee, officer or employee of the County of Butte
shall issue or approve permits, licenses or other
entitlements involving the property to which the non-
compliance or violation pertains.
{b} t' Subsection (a} above shall not prevent
the issuance of permits, licenses or other
entitlements necessary to correct or abate the non-
compliance or violation.
(c} mPrmination of Refusal. to lssue_ The refusal to issue
pursuant to subsection (a) above shall terminate when a
Notice of Compliance has been recorded as to any and all
recorded Notices of Non-Compliance or Violation.
(d) Waiver_~ The director of the affected department may waive
the provisions of this section regarding refusal to issue
7
1
2
3
4
5
6
7
8
9
14
11
12'
13
14
IS
16
17
18.
19
20
21
22
23
24
2~
26
27
28
if he or she determines such wavier to be required to allow
necessary or desirable remedial, protective or preventative
work.
Se erab' it
If any provision of this ordinance or the application thereof to
any person or circumstances is for any reason held to be invalid by
a court of competent jurisdiction, such provision shall be deemed
severable, and the invalidity thereof shall not affect the remaining
provisions or applications of the ordinance which can be given effect
without the invalid provision ^r application thereof.
Section 5. FffPrtlye Date_and Publication. This ordinance shall take
effect thirty {30} days after the date of its passage. The Clerk of
the Board of Supervisors is authorized and directed to publish this;
ordinance before the expiration of fifteen {15} days after its
,passage. This ordinance shall be published once with the names of the
members of the Board of supervisors voting for and against it in the
Chi.ca Enterprise ~tecozd , a newspaper of general circulation published
in the County of Butte, State of California.
///
///
///
///
///
///
///
///
///
///
8
1
2
3
4
5
s
7
8
9
la
11
12
13
14
15
1b
i7
18
19
20
21
22
23
24
25
26
27
28
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 17th day of December r
1995, by the following vote:
AYES: Supervisors Meger, Dolan, Thomas and Chair McLaughlin
NOES : None
ABSENT: Supervisor Houx
NOT VOTING : None
~O
t
ll ~ ~
i
ED MCL AUG LI , Chair of the
Butte Count Board of Supervisors
ATTEST:
JOHN BLACKLOCK
Offic r and Cler of the Board
By {41.ord)
9