HomeMy WebLinkAbout4151 1 Ordinance No. 4151
2 AN URGENCY ORDINANCE OF THE COUNTY OF BUTTE
3 REQUIREMENTS FOR THE REMOVAL OF FIRE DAMAGED DEBRIS FROM PRIVATE
4 PROPERTY FOLLOWING THE CAME FIRE: 4/5 VOTE REQUIRED
5 The Board of Supervisors of the County of Butte ordains as
6 follows :
7 Section 1. Emergency Findings. This Urgency Ordinance is adopted
8 pursuant to California Government Code Sections 25123 (d) and 25131
9 and shall take effect immediately upon its approval by at least a
10 four-fifths vote of the Board of Supervisors . The Board finds that
11 this Ordinance is necessary for the immediate preservation of the
12 public peace, health and safety, based upon the following facts :
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A. Conditions of extreme peril to the safety of persons and
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property within the County were caused by the Camp Fire,
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commencing on the 8th day of November, 2018, at which time
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the Board of Supervisors was not in session.
17 B. California Government Code Section 8530 empowers the County
18 Administrator to proclaim the existence of a local emergency
19 when the county is affected or likely to be affected by a
20 public calamity, subject to ratification by the Board of
21 Supervisors at the earliest practicable time.
22 C. On November 8, 2018, the County Administrator of the County
23 of Butte proclaimed the existence of a local emergency within
24 Butte County due to the Camp Fire .
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D. On November 8, 2018, the Acting Governor of the State of
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California proclaimed a State of Emergency for Butte County
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and on November 14, 2018, the Governor issued Executive Order
4 B-57-18 concerning the Camp Fire.
5 E. On November 12, 2018, the President of the United States
6 declared the existence of a major disaster in the State of
7 California, providing assistance from many federal agencies,
8 including the Federal Emergency Management Agency (FEMA) .
9 F. On November 13, 2018, the Board of Supervisors adopted
10 Resolution No. 18-169 ratifying the County Administrator' s
11 proclamation of the existence of a local emergency in Butte
12 County. The resolution also requested that the State of
13 California waive regulations that may hinder response and
recovery efforts, as well as make available assistance under
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the California Disaster Assistance Act or any other state
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funding, and that the Federal Government expedite access to
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federal resources and any other appropriate federal disaster
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relief program.
18 G. The Camp Fire to date has consumed 153, 336 acres and has led
19 to the destruction of 13, 696 residences, damage to 462
20 residences, the destruction of 276 multiple family
21 residences, the destruction of 528 commercial buildings,
22 damage to 102 commercial buildings, the destruction of 4, 293
23 other minor structures, and resulted in the evacuation of
24 over 50, 000 people. As a result, the Camp Fire has created an
25 enormous amount of debris .
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H. The potential for widespread toxic exposures and threats to
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public health and the environment exists in the aftermath of a
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major wildfire disaster. Debris and ash from residential and
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commercial structure fires can contain hazardous substances and
5 the health effects of hazardous substances releases after a
6 wildfire are well-documented.
7 I . The combustion of building materials such as siding, roofing
8 tiles, and insulation can result in dangerous ash that contains
g asbestos, heavy metals and other hazardous materials . Household
10 hazardous waste such as paint, gasoline, cleaning products,
11 pesticides, compressed gas cylinders, and chemicals may have
12 been stored in homes, garages, or sheds that may have also burned
13 in the fire, also producing hazardous materials .
J. Exposure to hazardous materials may lead to acute and chronic
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health effects and may cause long-term public health and
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environmental impacts. Uncontrolled hazardous materials and
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debris pose significant threats to public health through
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inhalation of dust particles and contamination of drinking water
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supplies . Improper handling can expose residents and workers to
19 toxic materials, and improper transport and disposal of fire
20 debris can spread hazardous substances throughout the community.
21 K. Standards and removal procedures are needed immediately to
22 protect the public health and environment, and to facilitate
23 coordinated and effective mitigation of the risks to the public
24 health and environment from the health hazards generated in the
25 Camp Fire disaster.
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L. It is essential that this Ordinance become immediately effective
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to mitigate the harm that could be caused to the public health
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and safety and to the environment from the improper disturbance,
4 removal and/or disposal of debris containing hazardous
5 materials, and to facilitate the orderly response to the Camp
6 Fire disaster.
7 Section 2 . Definitions.
8 A. Director. The term Director shall mean the Butte County Director
9 of Public Health and his/her designee.
10 B. OES Program. For purposes of this Ordinance, the term "OES
11 Program" shall mean the fare damage debris clearance program
12 operated by the Office of Emergency Services for the Camp Fire
13 in conjunction with other State and Federal agencies .
C. Alternative Program. For purposes of this Ordinance, the term
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"Alternative Program" shall mean the requirements for
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inspections, clean up and disposal established by the County of
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Butte for property owners that opt out of or are ineligible for
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the OES Program.
18 D. Private Action. For the purposes of this Ordinance, the term
19 "private action" shall mean the removal of fire debris from
20 private property damaged by the Camp Fire by persons not eligible
21 for or opting out of the OES Program.
22 E. Removal of Fire Debris. The term "removal of fire debris" as
23 used in this Ordinance includes all cleanup of fire debris from
24 structures resulting from the Camp Fire, including removal,
25 transport and disposal of fire debris, but it does not include
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the removal of personal property from residential sites unless
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such removal of personal property involves cleanup and the
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removal of ash from the property.
4 F. Right of Entry Permit. The term `Right of Entry Permit" means
5 the Debris Removal Right-of-Entry Permit (For Providing Debris
6 Removal on Private Property) approved by the California Office
7 of Emergency Services for use in the cleanup after the Camp
8 Fire.
9 G. Board. The term "Board" means the Board of Supervisors .
10 Section 3. Effective Period.
11 This Ordinance shall take effect immediately upon adoption and shall
12 remain in effect until the cleanup of fire debris has been completed
13 on all properties damaged by the Camp Fire.
Section 4. Prohibition on Removal of Fire Debris from Private
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Property.
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No fire debris from structures shall be removed from private property
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without a hazardous materials inspection conducted either by the U. S.
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Environmental Protection Agency or California Department of Toxic
18 Substance Control through the Office of Emergency Services' fire
19 debris clearance program, or by an entity approved through the
20 Alternative Program. This Ordinance shall apply to properties that
21 contained a qualifying structure under the OES Program. This Ordinance
22 shall not apply to properties that only contained non-qualifying
23 structures, including but not limited to sheds, canopies, carports,
24 well houses, greenhouses, chicken coops or fencing. Whether fire
25 debris derived from a qualifying or non-qualifying structure shall
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be determined by the Director, or his or her designee, in consultation
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with CalOES.
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Section 5. Removal of Fire Debris through the OES Program.
4 A. Effect of the Right of Entry Permit: The Right of Entry Permit
5 shall function as the sole permit and authorization for
6 participation in the OES Program.
7 B. Notwithstanding any contrary provision in Butte County Code, no
8 County approvals or permits for fire debris removal are required
g for properties participating in the OES Program, other than the
10 Right of Entry agreement.
11 Section 6. Removal of Fire Debris through the Alternative Program.
12 A. The County shall administratively adopt and administer the
13 Alternative Program in the unincorporated areas of Butte County
under the supervision of the Chief Administrative Officer or his
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or her designee . The County shall utilize the state and federal
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standards and cleanup goals of the OES Program as the standards
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for the Alternative Program. Under the Supervision of the Chief
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Administrative Officer or his or her designee, the County may
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administratively update these standards as necessary to address
19 ongoing changes in the administration of the OES Program and the
20 need to efficiently remove hazardous fire debris from the
21 community.
22 B. For those persons who are not eligible for the OES Program, or
23 who opt out of the OES Program, private action to remove fire
24 debris from fire-damaged properties is prohibited unless and
25 until a hazardous materials inspection has been performed and
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authorization from the Director has been provided pursuant to
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the Alternative Program.
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C. The Alternative Program shall require an application that
4 identifies the appropriate licensed contractors who will perform
5 the work and the submission of plans that demonstrate that the
6 standards established in the Alternative Program will be met.
7 Work shall not begin until the County approves the application.
8 The County may rely upon the subject matter expertise of multiple
g departments in deciding whether to approve the application.
10 D. Upon completion of the work described in the approved plans, the
11 Alternative Program shall require an application for
12 certification of successful completion of the work required by
13 the Alternative Program. The Alternative Urogram will require
that: (1) the debris removal and clean-up work on the property
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meets or exceeds the standards set by the State of California
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for debris removal; and (2) the owner completely remove and
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dispose of the foundation or submit a letter from a licensed
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civil or structural engineer certifying that the foundation is
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acceptable for rebuild. The letter shall certify structural
19 reasons for the decision and include the process and procedure
20 used to reach the conclusion.
21 E. Notwithstanding any contrary provision in Butte County Code, no
22 county demolition permit shall be required for private debris
23 removal work for which the Director has issued an approval
24 allowing such work to proceed.
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F. In the event that the Town of Paradise administers its own
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alternative program within its jurisdictional boundaries, the
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Health Officer may assist the Town of Paradise in the enforcement
4 of that alternative program.
5 Section 7. Hold on Building Permits.
6 Any issued County of Butte building permit to .repair or reconstruct
7 a fire damaged structure or private infrastructure shall be held in
8 abeyance and not acted upon until fire debris cleanup is completed
g on the affected property and completion is confirmed to the: County
10 Building Official, either through the OES Program or through the
11 Alternative Program.
Section 8. Deadlines and Enforcement.
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13 A. The Board may set deadlines for filing either an acceptable
Right of Entry Permit in the OES Program or an acceptable
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application for the Alternative Program by resolution.
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B. Properties that have fire ash and debris from the Camp Fire and
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that have neither an approved Right of Entry Permit for the OES
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Program nor an approved application for the Alternative Program
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by the deadline set by the Board may be declared a nuisance and
19 health hazard and such property may be abated pursuant to this
20 Chapter.
21 C. The Board may set deadlines for the completion of work in the
22 Alternative Program by resolution. Properties that have fire ash
23 and debris from the Camp Fire after that deadline may be declared
24 a nuisance and health hazard.
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D. The Board' s intent is to facilitate orderly remediation of a
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large scale disaster. Nothing in these deadlines shall limit the
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authority of the County to abate hazards more quickly where
4 required by exigent circumstances . Nothing in this Ordinance or
5 in these deadlines shall limit the authority of the Health
6 Officer to require preventive measures as defined in California
7 Health and Safety Code Section 101040.
8 E. Enforcement and Abatement .
g (1) General Enforcement action. When the Director determines that
10 an activity is being performed in violation of this Ordinance,
11 the Director may initiate an enforcement action using the
12 process set forth in the Butte County Code and may seek the
13 imposition of costs and civil penalties pursuant to the Butte
County Code. Nothing in this provision is intended to prevent
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alternate enforcement mechanisms, including but not limited to,
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health officer orders pursuant to California Health and Safety
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Code Section 101040 .
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(2) Summary Abatement. Pursuant to the authority of Cal . Const . ,
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art. XI, Section 7, California Health and Safety Code Section
19 101040, California Government Code Section 25845, and the Butte
20 County Code, if the Director determines that a violation of this
21 Ordinance has created an emergency condition which seriously
22 endangers the public health or safety, the County may abate the
23 condition within the unincorporated territory of the County of
24 Butte. The costs shall be charged to the property owners (s) and
25 the County may, at its option, recover the same in an
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administrative or cavil action. Such charges shall be in
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addition to any penalty for a violation of this Ordinance.
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i . Pre-Abatement Notice. Unless emergency conditions preclude
4 doing so, the Director shall issue a Summary Abatement
5 Notice and Order with reasonable notice. The Notice and
6 Order shall be mailed to the Property owner (s) as listed
7 on the last equalized tax roll . A summary of the Notice
8 and Order shall be posted in a conspicuous location on the
g property to be abated at least 10 calendar days prior to
10 the summary abatement action.
11 ii . Appeal and Waiver. The property owner (s) or any person or
12 entity having a legal interest in the property may submit
13 a written appeal of the Director' s Order to the Health
Officer or his or her designee no later than 10 calendar
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days from the date of mailing of the Notice and Order. The
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written appeal shall state the basis for the appeal . The
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Health Officer or his/her designee shall review the appeal.
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and shall issue a written decision (the "Decision") no
18 later than 10 calendar days after receipt. The Decision
19 shall uphold, rescind or modify the determination of the
20 Notice and Order. The Decision on the appeal shall be
21 final. Failure to appeal within the time prescribed shall
22 constitute a waiver of the right to contest the summary
23 abatement.
24 iii. Post Abatement Notice. After the summary abatement is
25 completed, the Director shall serve the property owner (s)
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with a post abatement notice that sets forth: (a) the
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actions taken by the County; (b) the reasons for the
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actions; (c) a statement of the costs, expenses and
4 attorney' s fees, if any, of the abatement and notice of
5 the County' s intent to collect those costs; and (d) right
6 to appeal the costs determination within 10 calendar days
7 of the notice. If the property owner is responsible for
8 any costs, expenses or attorney' s fees, such costs shall
g become a lien against the property and a Notice of
10 Abatement Lien may be recorded.
11 iv. Post Abatement Costs Appeal . If the property owner (s) or
12 anyone with a legal interest in the property submits a
timely costs appeal, the County shall schedule an
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administrative hearing on the matter and provide the appeal
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party with reasonable notice of the hearing. The hearing
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officer shall conduct an administrative hearing where each
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party shall have the opportunity to present evidence and
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the County shall have the obligation to establish that the
18 costs, including expenses and attorney' s fees, if any,
19 incurred for the summary abatement were necessary by a
20 preponderance of the evidence. After the hearing, the
21 hearing officer shall issue a written decision and order
22 that shall be served upon the appealing party within 30
23 calendar days of the hearing unless extended by agreement
24 of the parties .
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Section 9. Judicial Enforcement Action. The County Counsel is
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authorized to initiate judicial enforcement as to a violation of any
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provision of this Ordinance without further Board approval.
4 Section 10. Remedies not exclusive. The remedies identified are in
5 addition to and do not supersede or limit any and all other remedies,
6 civil or criminal. The remedies provided in this Ordinance shall be
7 cumulative and not exclusive.
8 Section 11. CEQA Exemption. Adoption of this Ordinance is exempt from
g the provisions of the California Environmental Quality Act (CEQA)
10 Pursuant to California Public Resources Code Section
11 21080 (b) (3) regarding projects to maintain, repair, restore, or
12 replace property or facilities damaged or destroyed as a result of a
13 declared disaster and Section 21080 (b) (4) regarding actions to
mitigate or prevent an emergency, and CEQA Guidelines Section 15269 (a)
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regarding maintaining, repairing, restoring, demolishing, or
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replacing property or facilities damaged or destroyed as a result of
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a disaster stricken area in which a state of emergency has been
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proclaimed by the Governor pursuant to the California Emergency
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Services Act, commencing with Section 8550 of the California
19 Government Code.
20 Section 12. Severability. If any section, subsection, sentence,
21 clause, or phrase of this Ordinance is for any reason held to be
22 unconstitutional or invalid, such decision shall not affect the
23 validity of the remaining portion of this Ordinance. The Board of
24 Supervisors hereby declares that it would have passed this Ordinance
25 and every section, subsection, sentence, clause or phrase thereof
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irrespective of the fact that any one or more sections, subsections,
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sentences, clauses or phrases be declared unconstitutional or
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invalid.
4 Section 13. Effective Date and Publication. This Ordinance shall be
5 and the same is hereby declared to be in full force and effect
6 immediately upon its passage by a four--fifths (4/5) or greater
7 vote. A fair and accurate summary of this Ordinance shall be
8 published once before the expiration of fifteen (15) days after
9 said passage, with the names of the Supervisors voting for or
10 against the same, in a newspaper- of general circulation published
11 in the County of Butte, State of California. Pursuant to California
12 Government Code Section 25124, a complete copy of this Ordinance
is on file with the Clerk of the Board of Supervisors and is
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available for public inspection and copying during regular
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business hours in the office of the Clerk of the Board of
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Supervisors, 25 County Center Drive, Suite 200, Oroville, CA.
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PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
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State of California, on the 11th day of December, 2118, by the
following vote :
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5 AYES: Supervisors Connelly, Wahl, Kirk, Teeter, and Chair Lambert
6 NOES: bone
7 AHSENT: Tone
8 NOT VOTING: alone
STEVE LAMFOkT, Chair
10 Butte County Board of Supervisors
11 ATTEST:
SHARI MCCRACKEN, Chief Administrative Officer
12 and Clerk of the Board
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By:
14 Cleputy
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