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HomeMy WebLinkAbout41901 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1.7 18 19 20 21 22 23 24 25 26 Urgency Ordinance No. 4190 AN URGENCY ORDINANCE OF THE COUNTY OF BUTTE REPEALING AND REPLACING ARTICLE II, RELATING TO MANDATORY STRUCTURAL DEBRIS AND HAZARD TREE REMOVAL OF CHAPTER 54, "NORTH COMPLEX FIRE RECOVERY" OF THE BUTTE COUNTY CODE (415 VOTE REQUIRED) The Board of Supervisors of the County of Butte ordains as follows: Section 1. Findings. This Urgency Ordinance is adopted pursuant to California Government Code Sections 25123(d) and 25131 and shall take effect immediately upon its approval by at least a four-fifths vote of the Board of Supervisors. The Board, in consultation with the Local Health Officer, finds that this Ordinance is necessary for the immediate preservation of the public peace, health and safety, based upon the following facts: A. On August 17, 2020, lightning strikes sparked the Bear Fire and the Claremont Fire, both in Plumas County. Conditions of extreme peril to the safety of persons and property within the County of Butte were caused by wildfire known as the North Complex Fire when the Bear and Claremont Fires merged and progressed into the County of Butte on the 8th day 1[M of September, 2020, at which time the Board of Supervisors was not in session. A map depicting the North Complex Fire area is attached hereto as Exhibit A. California Government Code Section 8630 empowers the County Administrator to proclaim the existence of a local emergency when the county is affected or Iikely to be affected by a public calamity, subject to ratification by the Board of Supervisors at the earliest practicable time. On September 9, 2020, the Assistant Chief Administrative Officer of the County of Butte proclaimed the existence of a local emergency within the county due to the North Complex Fire. 1 1 D. 2 3 4 5 E. 6 7 8 F 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 On August 18, 2020, the Governor of the State of California proclaimed a State of Emergency for multiple fires caused by lightning strike, including what would grow into the North Complex Fire pursuant to the California Emergency Services Act, commencing with Section 8550 of the Government Code. On August 22, 2020, the President of the United States approved a disaster declaration for the State of California relating to the wildfires, providing assistance from many federal agencies, including FEMA; On September 11, 2020, Dr. Robert Bernstein, the County of Butte's Local Health Officer, issued a Declaration of Health Emergency pursuant to California Health and Safety Code section 101080. Dr. Bernstein's declaration stated that the local health emergency was a consequence of the debris resulting from the North Complex Fire that contains hazardous material in the ash of the burned qualifying structures. The purpose of the Declaration was to address the immediate threat to the public health and the imminent and proximate threat of the introduction of contagious, infectious or communicable disease, chemical agents, non -communicable biologic agents, toxins and/or radioactive agents present at the time in the North Complex Fire area. The threats included (1) the enormous amount of fire debris present in the North Complex Fire area, including respirable -size ash and other debris containing hazardous materials including radioactive materials that have been demonstrated in the past to be present in ash and debris from qualifying structures, (2) the threat of infectious or communicable disease and/or non -communicable biologic agents due to animal carcasses, radioactive waste and perishable foods, (3) the potential contamination or destruction of the residential and commercial water supply in the North Complex Fire area and (4) the potential pollution of the drinking water in or around the North Complex Fire area if weather conditions caused the spread of the hazardous materials in the ash and debris of burned qualifying structures. 2 1 G. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 H. 22 23 24 25 26 On September 14, 2020, Dr. Bernstein issued a Hazard Advisory strongly suggesting residents should not reside on property with qualifying structures damaged or destroyed by the North Complex Fire until the property had been cleared of hazardous waste, ash and debris and certified clean by the Department of Public Health, Environmental Health Division. When the evacuation orders are lifted, the Department of Public Health will make health and safety information available to residents who choose to visit their property to collect valuables. The re-entry information will cover the dangerous conditions and toxic materials present in the North Complex Fire area. The re-entry information is intended to improve and protect public health and safety from the hazards likely to be encountered during the visit, and are not intended to encourage long-term habitation. The purpose of the Hazard Advisory was to address the public health hazards present at the time in the North Complex Fire area, including (1) the enormous amount of fire debris present in the North Complex Fire area, (2) the hazardous materials and probable radioactive materials present in ash and debris from qualifying structures, (3) the lessened but still present threat of infectious or communicable disease -causing agents and/or non -communicable disease - causing agents due to animal carcasses, radioactive waste and perishable foods, (4) the potential contamination or destruction of the residential and commercial water supply in the North Complex Fire area and (5) the potential pollution of the drinking water in or around the North Complex Fire area if weather conditions caused the spread of the hazardous materials in the ash and debris of burned qualifying structures. On September 15, 2020, the Board of Supervisors adopted Resolution No. 20-111 ratifying the Assistant Chief Administrative Officer's proclamation of the existence of a local emergency in the County of Butte. The resolution also requested that the State of California waive regulations that may hinder response and recovery efforts, as well as make available assistance under the California Disaster Assistance Act or any other state funding, and that the Federal Government expedite access to federal resources and any other appropriate 3 1 2 1 3 4 J. 5 6 7 8 9 10 11 12 13 14 K. 15 16 17 18 19 20 21 22 23 24 25 26 federal disaster relief program. On September 15, 2020, the Board of Supervisors ratified Dr. Bernstein's Declaration of a Local Health Emergency. As of September 18, 2020, the North Complex Fire consumed over 287,000 acres and led to the destruction of over approximately 1,200 structures including residences and commercial buildings, and resulted in evacuation orders or warnings which impacted over 20,000 residents. As a result, the North Complex Fire created an enormous amount of debris while causing the deaths of 15 people. The North Complex Fire was still burning through the County and despite firefighters' best efforts, the wildfire had not been contained. Evacuation orders were in place and numerous severe public health and safety hazards were present in the North Complex Fire area, including many blocked roads from fallen power lines, burned trees and vehicles, no available utilities, no available public services and the presence of animal carcasses. As of November 2, 2020, the status of the North Complex Fire area was as follows: (1) firefighters have contained the portion of the North Complex Fire burning within the County limits and work continues on fire suppression repair; (2) the Sheriff has lifted all evacuation orders and warnings; (3) the County is experiencing repeated Red Flag Warnings for extreme fire weather conditions and related Public Safety Power Shutoffs which have impacted over 13,000 households; (4) utility work crews continue to remove burned utility poles and hazard trees threatening the utility; (5) Phase I of the cleanup of hazardous household waste has begun and is approximately 49% complete; (6) Phase II of the cleanup pursuant to the Government Program was recently approved and work was anticipated to begin in December 2020; (7) dead and dying trees litter the North Complex Fire footprint, including areas with structural ash and debris as well as areas where some homes still exist; (8) the County is in the process of replacing burned guardrails along the roads and putting erosion control measures in place to protect the roads from debris flows 11 1 2 3 4 5 6 7 8 9 10 11 L. 12 13 14 15 M. 16 1.7 18 19 20 N 21 22 23 24 25 26 in the approaching rainy season; (9) the County has performed a preliminary review of County maintained roadway trees, and the most critical life-threatening trees have been removed by County staff; (10) residents and the County have concerns regarding contaminated drinking water; (11) returning residents in standing homes do not have access to potable water and must fill containers at designated sites; (12) numerous North Complex Fire survivors who are unable to live on their property until the ash and debris removal is complete are sheltering at hotels; (13) businesses remain closed in the area and public services are not available; and (14) a multi -agency task force has mobilized to place erosion control measures in place to protect waterways downstream from the North Complex Fire area. There exists the potential for widespread toxic exposures and threats to public health and the environment in the aftermath of a major wildfire disaster, and debris and ash from residential and commercial structure fires contain hazardous materials and the harmful health effects of hazardous materials produced by a wildfire are well documented. The combustion of building materials such as siding, roofing tiles, and insulation results in dangerous ash that may contain asbestos, heavy metals and other hazardous materials. Household hazardous waste such as paint, gasoline, cleaning products, pesticides, compressed gas cylinders, and chemicals may have been stored in homes, garages, or sheds that may have burned in the fire, also producing hazardous materials. Exposure to hazardous materials may lead to acute and chronic health effects and may cause long-term public health and environmental impacts. Uncontrolled hazardous materials and debris pose significant threats to public health through inhalation of dust particles and contamination of drinking water supplies. Improper handling can expose residents and workers to toxic materials, and improper transport and disposal of fire debris can spread hazardous substances throughout the community. 5 1 O. 2 3 4 5 P. 6 7 8 9 10 11 Q. 12 13 14 15 16 17 18 19 20 21 R. 22 23 24 25 26 Standards and removal procedures are needed immediately to protect the public safety, health and environment, and to facilitate coordinated and effective mitigation of the risks to the public health and environment from the health hazards generated by the North Complex Fire disaster. The North Complex Fire has created hazardous waste conditions in the County of Butte in the form of contaminated debris from household hazardous waste/materials and structural debris resulting from the destruction of thousands of structures. This hazardous waste debris poses a substantial present or potential hazard to human health and the environment until the property is certified clean. The accumulated exposure to hazardous waste debris over an extended period of time poses a severe hazard to human health. The Department of Toxic Substances Control has issued reports regarding the assessment of burn debris from wildfires in the past. The studies of burned residential homes and structures from large scale wildland fres indicated that the resulting ash and debris can contain asbestos and toxic concentrated amounts of heavy metals such as antimony, arsenic, cadmium, copper, lead, and zinc. Additionally, the ash and debris may contain higher concentrations of lead if the home was built prior to 1978 when lead was banned from household paint in the United States. The reports indicated that the residual ash of burned residential homes and structures has high concentrations of heavy metals that can be toxic and can have significant impacts to individual properties, local communities, and watersheds if the ash and debris is not removed safely and promptly. The Board of Supervisors finds that wildfire -generated ash and debris pose a danger to the health, safety and welfare of the general public in the vicinity of any real property located throughout the territory of the County for the reasons set forth above. Therefore, all wildfire -generated ash and debris located on real property within the unincorporated area of the County are deemed a public nuisance and pose a hazard to the safety of the landowners, residents in the vicinity, to the public generally and to the environment. n 1 S. 2 3 4 T 5 6 7 8 9 10 U. 11 12 13 14 15 16 17 18 V. 19 20 21 22 23 24 W. 25 26 The majority of the North Complex Fire area is located in a Very High Fire Hazard Severity Zone as shown on the California Department of Forestry and Fire Protection's Fire and Resource Assessment Program map dated August 2018. The County generally has a climate conducive to wildfires and is prone to periodic dry summers and wind events. Hazard trees pose a significant danger to the health, safety and welfare of the public by fueling and propelling wildfires, thereby increasing the potential for a severe fire and endangering lives, property and the environment. Increasingly dry summers and severe wind events further exacerbate the fire danger and have the potential to result in catastrophic fire losses to life, property and the environment. Additionally, the North Complex Fire created a fuel type conversion whereby the Ponderosa Pine and mixed conifer forests will convert to predominantly open land with grass and brush regrowth. The understory grass and brush can precipitate the start and spread of fire with hundreds of thousands of dead trees still standing, many of which are within the urban interface, to further add to the fire threat and intensity. Dead trees that fall on the forest floor over time further complicate the fire environment by adding a large amount of down and dead fuel that will add to surface fire intensity and make control efforts difficult. Dead and dying trees pose a life hazard to firefighters, first responders and the general public if exposed to fire or high wind storm events. Standing trees that are dead or dying and are adjacent to roads have an increased risk of falling onto the roads during a wildfire disaster or high wind storm event as compared to healthy trees. This endangers primary and secondary evacuation routes in the North Complex Fire area, which could lead to increased loss of life during a future fire. Of paramount importance to the Board and the residents of the County is the protection of lives and property from the threat of fire, including proper maintenance of evacuation routes and the safety of fire and law enforcement personnel during wildfires. 7 i X. 2 3 4 5 6 Y. 7 8 9 10 11 Z. 12 13 14 15 16 17 18 AA. 19 20 BB. 21 22 23 24 25 26 Dead and dying trees suffer an increased risk of pest infestation, such as bark beetles. When dead or dying trees are infested with pests, this also exposes the healthy trees in close proximity. The healthy trees are then endangered by the pests, which potentially creates more fuel for future fires, which increases the future fire risks in the North Complex Fire area. The County Fire Chief has stated that the remaining fire damaged trees in the Concow area following the 2008 fires propelled and exacerbated the progression and severity of the Northern Complex Fire. Further, under normal circumstances, dead and down trees hamper fire suppression efforts. The huge number of fire damaged trees from the North Complex Fire justifies County action to reduce the risk posed by fire damaged standing trees. The enormity of the standing burnt trees throughout the North Complex Fire area must be addressed before rebuilding will be possible on a scale large enough to facilitate economic recovery of the region. As a result of multiple barriers, including tree removal costs that exceed the value of their land, many homeowners are abandoning their property. if owners do not return to the North Complex Fire area, businesses will not be able to open and remain in business. The County must eliminate hazard trees from the North Complex Fire area to encourage rebuilding projects in the region. Local utility providers have estimated the total number of hazard trees in the County right of way and that threaten utility lines could exceed 20,000. 100 percent of businesses in the burn area were shut down after the North Complex Fire. The survival of new and existing businesses depends primarily on the restoration of the purchasing power in the community. The loss of approximately 1,471 homes in the North Complex Fire area and the subsequent displacement of the residents severely reduces the customers for businesses that sell goods and services locally and the workforce available for businesses that produce goods and services for export out of the County. The severe reduction in population dramatically reduces the ability for businesses to recover, including 0 1 2 3 4 5 CC. 6 7 8 9 DD 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 the ability to remain a viable business interest in the community. Many of the businesses that were destroyed in the North Complex Fire provided essential services to this remote location. An inability to reopen effects both the business owner and the residents in this remote area that rely on these essential services. The Assessor's Office is inspecting parcels in the North Complex Fire area for calamity relief from tax assessment. At this time, the Assessor's Office estimates (1) up to 2,300 properties may require calamity relief as a result of the North Complex Fire and (2) potential losses from the tax roll of approximately $50,000,000. The health of the communities and local economies largely depends upon repopulation; repopulation largely depends upon the mindset of the public and their sense of security regarding moving back to their land. For example, if evacuation routes continue to suffer from falling trees, residents will not have confidence in their ability to evacuate safely during a future fire, and will choose not to rebuild in the North Complex Fire area. Without a sense of security, people are moving elsewhere - which negatively impacts the economy recovery of the region — both the commercial economy and the property tax base for the County. EE. The County's arborists have recommended removal of all Hazard Trees which meet the I FF. defined criteria and are rooted along the County's right-of-way. It is the opinion of the County Fire Chief and County's arborists that the unprecedented level of hazard trees presents the following risks to life, public health and safety: (1) the risks of injury and/or death to County residents who use County -maintained roads due to falling trees; and (2) the increased threat of catastrophic wildfire to the North Complex Fire area and surrounding area. GG. A purpose of this Article is to establish a Hazard Tree abatement program that protects the lives and property of the public living in and traveling through the County, and the environment. 9 1 HH. 2 3 4 5 6 7 II 8 9 10 11 J.I. 12 13 14 15 16 17 KK. 1.8 19 20 21 2 2 LL. 23 24 25 26 The Board of Supervisors finds that Hazard Trees (as defined in this Article) pose a danger to the health, safety and welfare of the general public in the vicinity of any real property located throughout the territory of the County for the reasons set forth above. Therefore, all Hazard Trees located on real property within the unincorporated area of the County are deemed a public nuisance and pose a hazard to the safety of the landowners, residents in the vicinity, users of roads and to the public generally. It is imperative that the County implement immediate and aggressive measures to identify and fell the trees that are dead and dying as a result of the North Complex Fire to immediately eliminate or reduce the risks to life, public health and safety, infrastructure, forest health and the community at large. Hazard Trees (as defined below) that: (1) are rooted on private property; and (2) threaten (a) roads and/or right-of-ways of County -maintained roads or (b) public improved property in the unincorporated areas of the North Complex Fire area; and (3) may cause physical injury or damage to persons or property creates a serious public health and safety crisis and therefore constitutes a public nuisance. Dr. Bernstein's Declaration of a Local Health Emergency and Hazard Advisory Statement were based on the public health threats associated with North Complex Fire ash and debris. This Urgency Ordinance is consistent with Dr. Bernstein's Declaration and Statement, as it prohibits residents from removing their own ash and debris and requires residents with qualifying debris to enter into a program to clear such ash and debris in a safe manner. The Board of Supervisors has the authority to take action to protect the health, safety and welfare of the residents of the County pursuant to its police powers granted by Article XI, Section 7 of the California Constitution, California Government Code Section 25123, California Health & Safety Code Section 101025 and Chapter 32A of the Butte County Code. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MM. It is essential that this Urgency Ordinance become immediately effective to mitigate the imminent harm that could be caused to the public health and safety and to the environment from the improper disturbance, removal and disposal of debris containing hazardous materials, structural ash and debris and/or hazard trees and to facilitate the orderly response to the North Complex Fire disaster. Section 2. Article II is repealed and replaced in its entirety as follows: "ARTICLE II. MANDATORY DEBRIS AND HAZARD TREE REMOVAL Section 54-9. Mandatory Structural Debris and Hazard Tree Removal Requirements. This Article establishes a mandatory Fire Debris removal requirement that sets forth the manner in which Structural Debris and Hazard Trees will be identified and removed. Structural Debris and Hazard Trees must be removed for the immediate preservation of the public peace, health and safety. Section 54-10. Definitions. For the purposes of this Article, the following terms will have the following definitions: Alternative Program means the requirements for inspections, clean up and disposal of Structural Debris established by the County for property owners that opt out of or are disqualified from the Government Program. Arborist means an ISA Certified Arborist with a Tree Risk Assessment Qualification (TRAQ). Arborist's/Forester's Certification means a written certification verifying that all Hazard Trees have been removed from a parcel participating in the Private Tree Program. The certification shall be made and executed by an Arborist and/or Forester as defined in this section. The Arborist or Forester shall provide evidence of the required qualifications of this section. Board means the Board of Supervisors. County means the County of Butte. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Director of Development Services means the Director of the Butte County Department of Development Services. Eligible Parcel(s) means a parcel that is an improved public property. Eligible Road(s) means a public road or right-of-way. Eligible Road(s) or Parcel(s) means Eligible Roads or Eligible Parcels. Eligible Roads or Parcels are set forth in the map attached to this Ordinance as Exhibit A. Enforcement Officer means the Hazard Tree Enforcement Officer or Structural Debris Enforcement Officer. Fire Debris means Structural Debris and Hazard Trees. Forester means a Registered Professional Forester, qualified pursuant to California Public Resources Code Section 752, "Professional forester." Government Program means the Fire Debris cleanup program operated by the Office of Emergency Services for the North Complex Fire in conjunction with other State and Federal agencies. Hazard Tree means a wildfire -damaged tree that in the professional opinion of an Arborist and/or Forester: A. Has been so severely damaged by the North Complex Fire that its structural integrity is compromised; and B. Poses an imminent danger of falling onto an Eligible Road or Parcel. Hazard Tree Enforcement Officer means the Chief Administrative Officer of the County or his/her designee(s). Such designee(s) may be a County employee(s) or third -party provider(s). Inspection access form means the permit for providing access to the Enforcement Officer to inspect private property of owners opting to use the Private Tree Program approved by the County for use in the cleanup after the North Complex Fire. Phase I means the household hazardous waste cleanup performed by the United States Environmental Protection Agency and/or Department of Toxic Substances Control on certain 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 properties impacted by the North Complex Fire. Phase II means the ash and debris cleanup work performed pursuant to the Government Program and/or the Alternative Program. Private Action means the removal of fire debris from private property damaged by the North Complex Fire by persons disqualified from or opting out of the Government Program and participating in the Alternative Program. Private Tree Program means the requirements for inspections, removal and disposal of Hazard Trees established by the County for property owners that opt out of or are disqualified from the Government Program. The program provides owners r with the option of identifying and removing Hazard Tree(s) on their property at their own cost. Qualifying structure means a structure of 120 square feet and over. Right of Entry Permit means the Right -of -Entry Permit for Debris and/or Hazard Tree Removal on Private Property approved by the California Office of Emergency Services for use in the cleanup after the North Complex Fire. Structural Debris means the wildfire -generated debris including but not limited to burned or partially burned structures of 120 square feet or greater, ash, concrete foundations, contaminated soil, vehicles, trailers, waste or other debris from the property. Structural Debris Enforcement Officer means the Butte County Director of Public Health and his/her designee. Temporary Log Storage Yards means sites (also known as log decks) where piles of logs and other piles of vegetation removed from the North Complex Fire affected area are temporarily stored and processed before transfer to trucks or rail. The logs and vegetation must be associated with the North Complex Fire recovery effort, i.e., logs and vegetation that are burn -damaged or otherwise removed due to safety issues associated with the North Complex Fire. Logs and wood waste originating from routine utility line maintenance shall not be stored at Temporary Log Storage Yards. This definition and Section 54-20 do not apply to logs and/or vegetation harvested 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 or cleared as part of a timber harvest plan or exemption under the Forest Practice Rule that are stored and/or processed on the property on which they were harvested or cleared. This definition and Section 54-20 only applies to logs and vegetation transported to another property. A temporary log storage yard shall not exist beyond the Effective Period. No Structural Debris or hazardous materials may be brought onto or stored in the yard including any that may have been deposited on logs or vegetation. Temporary Log Storage Yards allow for the processing of logs and vegetation (e.g., chipping, milling, etc.) but not the burning of logs and vegetation, and may include associated equipment repair, construction trailers, employee parking and portable bathroom facilities set up for use by the personnel assigned to the yard, but not residences other than the transitory use of a recreational vehicle for a temporary caretaker quarters in conformance with Section 54-34 of this Chapter. Section 54-11. Effective Period. This Article relating to Fire Debris removal shall take effect immediately upon adoption and shall remain in effect until Fire Debris removal has been completed on all properties damaged by the North Complex Fire. Regardless of when Fire Debris removal has been completed, Section 54-20 relating to Temporary Log Storage Yards, as well as any sections within this Article that relate to it, shall remain in effect until December 31, 2023. Section 54-12. Prohibition on Removal of Structural Debris from Private Property. Any removal of Structural Debris from private property is prohibited except pursuant to the requirements of the table below. For purposes of this Section, the prohibition refers to the removal, transport and disposal of Structural Debris, but it does not include the removal of personal property from residential sites unless such removal of personal property involves cleanup and the removal of ash from the property. Ill 11l 111 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 For the purposes of this Article, the requirement to enter into the Government Program or the 15 No structure on Non -qualifying Qualifying burned property structures (Structures structures less than 120 square (Structures 120 feet only on burned square feet and over property) on burned property) Prior to completion Owner may Debris removal Debris removal of Phase I cleanup remove debris prohibited prohibited Prior to completion Owner may Owner may remove Government or of Phase II cleanup remove debris debris with certificate Alternative Program from the Right of Entry contractors only may Processing Center or the remove debris Department of Public Health, Environmental Health Division Following Phase II Owner may Owner may remove Owner may remove cleanup remove debris debris with certificate remaining debris not from the Right of Entry removed during Phase Processing Center or the Il with certificate Department of Public from the Right of Health, Environmental Entry Processing Health Division Center or the Department of Public Health, Environmental Health Division For the purposes of this Article, the requirement to enter into the Government Program or the 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Alternative Program shall apply only to properties that contained a qualifying structure under the Government Program. The requirement shall not apply to properties that only contained non- qualifying structures, including but not limited to sheds, canopies, carports, well houses, greenhouses, chicken coops or fencing. Whether fire debris derived from a qualifying or non- qualifying structure shall be determined by the Director, or his or her designee, in consultation with Cal OES. Section 54-13. Removal of Structural Debris and Hazard Trees through the Government Program. A. The Government Program will remove Fire Debris at no out-of-pocket cost to the owner. IN lug If an owner does not participate in the Government Program and there is Fire Debris on their property, the owners are required to remove such Fire Debris at their own cost. To participate in the Government Program, owners must complete and submit a Right of Entry Permit. The Right of Entry Permit shall function as the sole permit and authorization for participation in the Government Program. Notwithstanding any contrary provision in Butte County Code, no County approvals or permits for the removal of Structural Debris and Hazard Trees are required for properties participating in the Government Program, other than the Right of Entry Permit. If a property contains Fire Debris and the owner of the property does not participate in the Government Program, the Alternative Program or the Private Tree Program (as applicable), the County will enforce this Article and charge the owners with any administrative and abatement costs related to such enforcement as described below. The costs of the Alternative Program and Private Tree Program are paid by the property owner. In implementing this program, it is the Board's preference that property owners who have submitted an application for a development permit have priority in the Government Program. Section 54-14. Owner's Removal of Structural Debris through the Alternative Program. 16 1 A. 2 3 4 5 6 7 8 9 B 10 11 12 13 14 C 15 16 17 18 19 20 D. 21 22 23 24 25 26 The County shall administratively adopt and administer the Alternative Program in the unincorporated areas of Butte County under the supervision of the Chief Administrative Officer or his or her designee. The County shall utilize the wildfire debris removal state and federal standards and cleanup goals of the Government Program as the standards for the Alternative Program. Under the supervision of the Chief Administrative Officer or his or her designee, the County may administratively update these standards as necessary to address ongoing changes in the administration of the Government Program and the need to efficiently remove hazardous Structural Debris from the community. For those persons who are disqualified from the Government Program, or who opt out of the Government Program, Private Action to remove Structural Debris from fire -damaged properties is prohibited unless and until a hazardous materials inspection has been performed and authorization from the Department of Public Health, Environmental Health Division has been provided pursuant to the Alternative Program. The Alternative Program shall require an application and work plan that identifies the appropriate licensed contractors who will perform the work and the submission of plans that demonstrate that the standards established in the Alternative Program will be met. Work shall not begin until the County approves the application and work plan. The County may rely upon the subject matter expertise of multiple departments in deciding whether to approve the application and work plan. Upon completion of the work described in the approved plans, the Alternative Program shall require an application for certification of successful completion of the work required by the Alternative Program. The Alternative Program will require that: (1) the debris removal and clean-up work on the property meets or exceeds the standards set by the State of California for debris removal; and (2) the owner completely remove and dispose of the foundation or submit a letter from a licensed civil or structural engineer certifying that the foundation is acceptable for rebuild. The letter shall certify structural reasons for the 17 1 2 E. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 decision and include the process and procedure used to reach the conclusion. Notwithstanding any contrary provision in Butte County Code, no county demolition permit shall be required for private debris removal work for which the Alternative Program has issued an approval to allow such work to proceed. 54-15. Owner's Removal of Hazard Trees through the Private Tree Program. II:. 1: As an alternative to the Government Program's removal of Hazard Trees, the Private Tree Program provides the owner with the option of identifying and removing Hazard Tree(s) on their property at their own cost. To participate in the Private Tree Program, owners shall submit either (1) an inspection access form or (2) an Arborist's/Forester's Certification for their property. Following the owner's identification and removal of Hazard Trees and submittal of an inspection access form, the Private Tree Program shall require the Enforcement Officer to make a visual confirmation of the removal of Hazard Trees on the subject property. This visual inspection of compliance with the Private Tree Program shall be sufficient for meeting the requirements of this Section. When a property owner submits an inspection access form, whether the Hazard Tree removal is adequate shall be in the sole discretion of the Enforcement Officer. In the alternative, when a property owner submits an Arborist's/Forester's Certification, that shall be sufficient for meeting the requirements of this section. Notwithstanding anything herein to the contrary, in the Private Tree Program, owners may choose to temporarily retain and promptly utilize felled hazard trees which were standing on their property. This temporary retention and utilization by the owner shall be permitted only to the extent felled hazard trees and incidental foliage, slash, tree branches or limbs and chipped or mulched vegetation do not constitute a fire hazard as prohibited by applicable law, including, but not limited to, California Public Resources Code Section 4291 et seq., Title 19 of the California Code of Regulations and Chapter 38A of the Butte County Code. Such requirements include but are not limited to the following: 18 1 (1) 2 3 4 5 6 7 8 (2) 9 10 11 C 12 13 14 15 16 17 18 19 D 20 21 22 23 24 25 26 In storing such hazard trees prior to utilization, an owner shall be required to: (a) Maintain a setback of no less than one hundred (100) feet from any inhabited building or structure; (b) Maintain a setback of no less than thirty (30) feet from any uninhabited building or structure; and (c) Maintain a setback around the parcel's property lines of no less than. thirty (30) feet wide. If an owner utilizes felled hazard trees for wood chips, the owner shall be required to spread the wood chips to a depth of no greater than three (3) inches while maintaining a setback of no less than five (5) feet from any building or structure. If any temporary retention and utilization of hazard trees constitutes a fire hazard, it is a public nuisance and may be abated using any available legal remedy. If the owner chooses to temporarily retain and utilize felled hazard trees, the owner is required to utilize such hazard trees prior to the Enforcing Officer's visit to the property to confirm compliance with the Private Tree Program. For the purposes of this Section, any temporary retention and utilization of felled hazard trees by the property owner is not a Temporary Log Storage Yard (AKA: Log Deck) as described in Chapter 54. Owners may not receive felled trees from other properties. The County shall utilize the Hazard Tree removal state and federal standards and cleanup goals of the Government Program as the standards for the Private Tree Program, including, but not limited to, the criteria for determining whether a tree is a Hazard Tree. Under the supervision of the Enforcement Officer, the County may administratively update these standards as necessary to address ongoing changes in the administration of the Government Program and the need to efficiently remove Hazard Trees from the community. 1 Section 54-16. Hold on Building Permits. 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Any issued County of Butte building permit to repair or reconstruct a fire damaged structure or private infrastructure shall be held in abeyance and not acted upon until Fire Debris cleanup is completed on the affected property and completion is confirmed to the County Building Official, either through the Government Program, the Alternative Program (for Structural Debris) or the Private Tree Program (for Hazard Trees), as applicable. Notwithstanding the foregoing, this section shall not apply to permits relating to (A) power, sewer or other utilities for temporary dwellings as provided for in this Chapter or (B) wells or septic systems through the Public Health Department, Environmental Health Division. Section 54-17. Deadlines and Enforcement. Itl:II 1: IN I© The Board may set a deadline for filing an acceptable application for the Alternative Program and/or Private Tree Program by resolution. Properties that have Fire Debris from the North Complex Fire and that have not submitted an approved (1) Right of Entry Permit for the Government Program, (2) application for the Alternative Program (for Structural Debris), (3) inspection access form for the Private Tree Program (for Hazard Trees) and/or (4) an approved Arborist's/Forester's Certification for the Private Tree Program (for Hazard Trees) (as applicable) by the deadline(s) set by the Board are declared a nuisance and health hazard and such properties may be abated pursuant to this Chapter. The Board may set deadlines for the completion of work in the Alternative Program and Private Tree Program by resolution. Properties that have Fire Debris from the North Complex Fire after the deadline set by the Board are declared a nuisance and health hazard and such properties may be abated pursuant to this Chapter. The Board's intent is to facilitate orderly remediation of a large scale disaster. Nothing in these deadlines shall limit the authority of the County to abate hazards more quickly where required by exigent circumstances. Nothing in this Article or in these deadlines shall limit the authority of the Health Officer to require preventive measures as defined in California pill 1 2 E. 3 (1) 4 5 6 7 8 9 10 (2) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Health and Safety Code Section 101040. Enforcement and Abatement. General Enforcement Action. When the Enforcement Officer determines that an activity is being performed in violation of this Article, the Enforcement Officer may initiate an enforcement action using any process set forth in the Butte County Code and may seek the imposition of costs and civil penalties pursuant to the Butte County Code. Nothing in this provision is intended to prevent alternate enforcement mechanisms, including but not limited to, health officer orders pursuant to California Health and Safety Code Section 101040. Summary_ Abatement. Pursuant to the authority of Cal. Const., art. XI, Section 7; California Health and Safety Code Section 101040, California Government Code Section 25845, and the Butte County Code, if the Enforcement Officer determines that a violation of this Article has created an emergency condition which seriously endangers the public health or safety, the County may abate the condition within the unincorporated territory of the County of Butte. The costs shall be charged to the property owners(s) and the County may, at its option, recover the same in an administrative action as described below or a civil action. Such charges shall be in addition to any penalty for a violation of this Article. Section 54-18. Judicial Enforcement Action. The County Counsel is authorized to initiate judicial enforcement as to a violation of any provision of this Article without further Board approval. Section 54-19. Remedies Not Exclusive. The remedies identified are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided in this Article shall be cumulative and not exclusive. Section 54-20. Temporary Log Storage Yards. A. Maximum Number of Sites. The number of Temporary Log Storage Yards shall be capped at a maximum of fifteen (15) for the unincorporated area of Butte County. 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I B. Allowed Zones. 1(1) 1 (2) IN 1(1) Natural Resource Zones. Timber Processing, as defined by the Butte County Zoning Ordinance is allowed by -right in the Timber Mountain (TM) and Timber Production (TPZ) zones. The provisions of this section do not apply to log storage yards as permitted in these zones. Industrial Zones. Timber Processing, as defined by the Butte County Zoning Ordinance is allowed by -right in the Heavy Industrial (HI) zone, and with a conditional use permit in the General Industrial (GI) zone. The provisions of this section do not apply to log storage yards as permitted in these zones. Zones Requiring an Administrative Permit. Temporary Log Storage Yards are allowed subject to approval of a temporary administrative permit and compliance with the standards set forth below in the following zones: Agriculture (AG) Zones, limited to those Agricultural zones classified as Grazing or Other lands by the California Department of Conservation's Farmland Mapping Program. Parcels shall be located near State highways or truck haul routes that access the North Complex Fire area and outside of urban or congested areas. (2) General Commercial (GC) zone. (3) The Neal Road Recycling, Energy, and Waste Facility Overlay Zone (-RW). (4) Foothill Residential (FR), Rural Residential (RR), Planned Development (PD), and Public 1© 1(1) 1 (2) (P)• Standards. All Temporary Log Storage Yards shall meet the following standards: Application for Temporary Administrative Permit. The property owner or the property owner's authorized agent shall obtain a temporary administrative permit for the Effective Period. Written consent of the property owner is required in all cases. Site Plan Required. A detailed site plan meeting general architectural or engineering standards, legible and drawn to scale that shows all the proposed activities that will occur 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 on-site, as well as the approximate location of each activity, shall be provided with the application for a temporary administrative permit. Partial site plans for a portion of a property may be submitted as long as a vicinity map for the entire property showing frontage streets, other uses and a cross reference of the area of the partial site plan is provided. All site plans shall show and label contours at maximum vertical intervals of five feet; areas of proposed grading and fill; the width of access roads to and around parking, log piles and other piles, and buildings; and turnaround areas for fire and emergency services. Any change in the type of activity that will occur on-site or the location of any activity requires the owner or operator to apply for a new temporary administrative permit. 1 (3) Siting Criteria. To the extent practicable, Temporary Log Storage Yards shall be located on flat areas of the site that are already disturbed and in such a manner to decrease impacts to uses on surrounding properties. (4) Parcel Size. The temporary log storage yard site shall be a minimum of 5 acres in the GC zone, 10 acres in the FR, RR, PD, and P zones, and 20 acres in other zones regardless of the actual area used for the temporary log storage yard. Adjacent parcels may be utilized to achieve this standard, provided each owner's consent is provided with the application. All parcels must be shown on the application, the site plan, and all property owners shall provide written permission. (5) Approved Access. Temporary Log Storage Yards shall have access onto a public road. If the public road is a County road, the approach shall be made with an encroachment permit approved by the Department of Public Works. If the public road is a State highway, the approach shall be made with an approved encroachment permit issued by the California Department of Transportation (CalTrans) District 3 Office. If the public road is accessed by a private road, there shall be an approved encroachment permit as required in the prior two sentences where the private road connects to the public road, and there shall be an 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 approved road maintenance agreement that allows for the proposed use along the private road. (6) On-site Roads, Driveways and Aisles. Temporary Log Storage Yards shall have on-site roads, driveways and aisles. On-site roads, driveways and aisles shall have a 6 inch Class 2 aggregate base, a minimum width of 25 feet, and shall be capable of supporting a 40,000 lb. load that will allow for ingress and egress of fire apparatus to within 150 feet of all piles and structures, and shall have a vertical clearance of no less than 15 feet. (7) Property Line Setbacks and Defensible Space. All log piles and other piles shall be setback a minimum of 150 feet from all outside property lines and any permanent structures. There shall be an area of defensible space that is a minimum of 150 feet wide around the perimeter of the temporary log storage area that shall not be graded but shall be kept clear of grass and vegetation to support fire protection by clearing, disking, grubbing, and/or scraping. CAL -FIRE shall have discretion to address unique circumstances. (8) Biological Resources. Temporary Log Storage Yards shall not be located on lands containing wetlands, and/or endangered and protected plants and animal species. A biological report shall be furnished to the Department of Development Services demonstrating that the site does not contain wetlands and/or endangered or protected plants and animal species. A temporary log storage yard shall not expand without providing a site plan and a biological report to cover the expanded area. (9) Butte County Fire Department/CAL-Fixe Standards. Temporary Log Storage Yards and the associated activities performed with them pose the risk of fire if fire suppression measures are not taken. The activities include working with and storing flammable materials in areas that have little to no water on-site and that are subject to fire. The County is setting the fire standards it believes are appropriate, but there are also State standards set out in California Fire Code Chapter 28 with respect to all log storage yards and incidental wood products stored there. Fire officials shall enforce the most stringent standards. Per 24 1 2 3 4 5 6 7, 8 9 10 11 12 13 14 15 1.6 17 18 19 20 21 22 23 24 25 26 California Public Resource Code, Section 4428, each site shall have a sealed box of tools that shall be located, within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain: one backpack pump -type fire extinguisher filled with water, two axes, two McLeod fire tools, and a sufficient number of shovels so that each employee at the operation can be equipped to fight fire. In addition, one or more serviceable chainsaws of three and one-half or more horsepower with a cutting bar 20 inches in length or longer shall be immediately available within the operating area. (a) When a fire starts, a telephone call must be made to 911 immediately to inform that there is a fire. The facility operator shall develop a plan for monitoring, controlling, and extinguishing fires. The plan shall be submitted with the application for the temporary administrative permit for review and approval by fire officials. (b) Smoking may only occur in designated locations shown on the site plan. (c) Log piles shall not exceed 20 feet in height, 300 feet in width, and 500 feet in length. Log piles shall be stabilized by a means approved by the fire marshal. (d) Other piles made of incidental log related materials shall not exceed 20 feet in height, 150 feet in width, and 250 feet in length. (e) All piles shall be separated from all other piles by 100 feet and shall include on-site roads, driveways, and aisles as discussed above. (f) All piles shall be monitored by a means approved by the fire marshal to measure temperatures. Internal pile temperatures shall be monitored and recorded weekly. A plan by the permittee for restricting and mitigating excessive temperatures shall be submitted with the application for the temporary administrative permit for review and approval by fire officials. (g) Regular inspections of the temporary log storage yard by trained fire personnel shall be allowed and facilitated by the facility operator. (h) Cutting activities shall comply with California Fire Code Chapter 35. 25 1 2 3 4 5' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 (10) Butte County Public Health, Environmental Health Division Standards. (a) Depending on the activities performed on-site, the temporary log storage yard may be determined to be a solid waste facility. The facility operator must provide access to the facility and provide for review of the activities occurring at the facility to the Local Enforcement Agency, Butte County Environmental Health, to determine if there exists a requirement to register for a permit status as a solid waste facility in accordance with Title 14 of the California Code of Regulations. (b) For sanitation purposes there shall be a minimum of one portable toilet and one handwash station at the facility for employee use. The portable toilet shall be routinely serviced by a licensed service provider. (c) For water that is provided for human consumption, either from an on-site well or transported to the facility and held in a storage tank, the facility operator must meet the following requirements: if there are 25 or more people/day consuming the water, the facility operator shall contact the Butte County Environmental Health Division for public water system permitting requirements and must operate in accordance with those requirements; if there are fewer than 25 people/day consuming the water, the facility shall have the water tested for and be in compliance with minimum bacteriological standards as required by the Butte County Environmental Health Division. If bottled water is provided, there are no requirements for testing. (d) The storage of any hazardous material at or above State -defined thresholds shall require the approval of a Hazardous Material Business Plan by the Department of Public Health, Environmental Health Division. 1 (11) Butte County Public Works Department Standards. (a) Perimeter stormwater control — When the temporary log storage yard is prepared for operations or the soil is disturbed, improvements shall be designed and implemented such that water accumulating within the project will be carried away from the project 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 without injury to any adjacent improvements, residential sites, or adjoining areas. The design shall be prepared by a Qualified Stormwater Developer who holds the certification required by the CA Water Quality Control Board's Construction General Permit 2009-009- DWQ. All natural drainage that enters the project area must leave the project area at its original horizontal and vertical alignment and with the same pre -improvement quantity. Implementation of erosion control within the project area and sediment control basins at drainage outlets shall conform with California Stormwater Quality Association (CASQA) design criteria. Sites that meet EPA's criteria for a Rainfall Erosivity Waiver (htt s://www.e a. ov/sites/ roduction/files/2015-10/documents/fact3-1. df) or are fully stabilized with erosion control measures are not required to install sediment control basins. (b) Water quality and erosion control — When submitting an application for a temporary log storage yard, any surface disturbance over one acre in size shall require a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer and the submittal of a Notice of Intent to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit Order 2009-0009-DWQ as amended). If the area of disturbance is one acre or less, then along with an application for a temporary log storage yard, an Erosion and Sediment Control Plan (ESCP) shall be developed by the facility operator, submitted for approval, and adhered to for erosion and sediment control. The ESCP shall contain a description detailing which Best Management Practices (BMP) will be used, how they will be used, and where they will be used in conformance with the California Stormwater Quality Association (CASQA) BMP Municipal Handbook. The ESCP shall contain a description of temporary and permanent measures and include ingress/egress control measures and street sweeping. Plans shall be prepared by a Qualified Stormwater Developer who holds the certification required by the CA Water Quality Control Board's Construction General Permit 2009-009- DWQ. Upon completion of the project, all temporary sediment control measures shall be 27 1 2 3 (12) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (13) 23 24 25 26 removed from the site. All permanent sediment control measures must be maintained by the parcel owner. Air Quality and Dust Control. All best practice measures to reduce impacts to air quality shall be incorporated by the project applicant, subject property owners, or third -party contractors during activities on the project site. A plan shall be provided to the satisfaction of the Director of Development Services to address: (a) Mobile and stationary toxic air contaminants; and (b) Fugitive dust and ash. Best practice measures shall comply with the Butte County Air Quality Management District's Rule 205 — Fugitive Dust Requirements and shall include, but not be limited to, the following: (1) Reduce the amount of the disturbed area where possible. Stabilize disturbed area soils during use and at project completion. (2) Apply water or a stabilizing agent in sufficient quantities to prevent the generation of visible dust plumes. (3) Limit vehicle speeds to 15 miles per hour on any unpaved surfaces at the project site. (4) Clean visible track -out onto adjacent paved roadways daily. Track -out shall not extend more than 25 feet in cumulative length from the active project site. (5) Post a sign in a prominent location visible to the public with the telephone numbers of the contractor and Air District for any questions or concerns about dust from the project. Storage or Processing of Debris Prohibited. The storage or processing of debris from the Butte County North Complex Fire Consolidated Debris Removal Program at any temporary log storage yard, including the storage of trucks or equipment loaded with debris, is expressly prohibited. (14) Noise. Quiet hours shall be maintained from 7 pm to 7 am seven days a week. During quiet 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 hours, generators and heavy equipment shall not be operated and noise levels shall conform to Butte County Code Chapter 41 A, Noise Control. Outside of quiet hours, noise sources associated with Temporary Log Storage Yards shall be exempt from the requirements of Butte County Code Chapter 41A, Noise Control. (15) Outdoor Lighting. All outdoor lighting shall be located, adequately shielded, and directed such that no direct light falls outside the property line, or into the public right-of-way in accordance with the Butte County Zoning Ordinance, Article 14, Outdoor Lighting. (16) Reclamation Required. The application for a temporary administrative permit for a temporary log storage yard shall be accompanied by a detailed plan for the restoration or reclamation of the subject property to the satisfaction of the Director of Development Services. There shall be no grading of the site without the prior approval of the Director of Development Services, but if grading is allowed, topsoil shall be conserved to be used for reclamation. At minimum, a plan for restoration or reclamation shall include: (a) Clearance of the site of all vehicles, equipment and materials utilized as part of the temporary log storage yard; and (b) Stabilization of the site, implementation of erosion control measures, and successful revegetation to the satisfaction of the Director of Development Services in order to render the site suitable for the use for which it was zoned, for example: (1) Continued agricultural production in the case of lands zoned Agriculture (AG). (17) Performance Guarantee. In approving a temporary administrative permit for a temporary log storage yard, the Director of Development Services shall require a performance guarantee as provided by Section 24-245 of the Butte County Code in the amount of $2000.00 per acre of land disturbed in order to guarantee the proper completion of any approved work and to ensure that site reclamation is completed to the satisfaction of the Director of Development Services. Lands shall be restored or reclaimed to the satisfaction of the Director of Development Services prior to release of the performance guarantee. 29 1 (18) 2 3 4 (19) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Electricity and Electrical Equipment. if new electricity connections are brought to the site, a building permit is required. Electrical wiring and equipment shall comply with the California Electrical Code. Additional Requirements. The temporary administrative permit may be subject to additional requirements from Butte County Fire, Butte County Public Works, the Butte County Air Quality Management District, the California Department of Transportation, the Butte County Public Health Department, and the State Regional Water Quality Control E. Notice IN 1(1) At least ten (10) days prior to issuance of a temporary administrative permit, pursuant to this section, the Butte County Department of Development Services shall provide a mailed notice to property owners within 1,200 feet of the property line of the subject parcel(s). The notice shall include all applicable standards and limitations placed upon the temporary log storage yard, the Butte County administrative permit number, as well as the name, phone number and email of a designated contact for concerns regarding the yard's operation. The temporary administrative permit shall be issued without a formal hearing, unless one is requested by either the applicant or one or more property owner(s) within 1,200 feet of the property line of the subject parcels. If a hearing is requested, it shall be scheduled for the next available Planning Commission meeting and the Planning Commission shall hear the request. The Planning Commission may impose conditions and requirements in addition to the standards set forth above, or may deny the administrative permit, to mitigate impacts to uses on surrounding properties. Unless otherwise appealed, the decision of the Planning Commission shall be final. Violations, Enforcement, and Penalties. A temporary log storage yard that is operating in violation of this section poses a health and safety hazard and is found to be a public nuisance. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (2) The Director of Development Services may initiate enforcement using any process set forth in the Butte County Code, including, but not limited to, Code Enforcement pursuant to Chapter 41 and Nuisance Abatement pursuant to Chapter 32A, and may seek the imposition of costs and civil penalties pursuant to the Butte County Code. Nothing in this provision is intended to prevent alternative enforcement mechanisms. (3) If the Chapter 41 Code Enforcement process is used, the penalties set forth in section 41-5 are increased because the health and safety hazards to the public are greater than in the general code enforcement context. The increased penalties are a fine of one thousand dollars ($1,000.00) for the first conviction, a fine of three thousand dollars ($3,000.00) for the second conviction within a twelve (12) month period, and a fine of five thousand dollars ($5,000.00) for a third conviction, as well as all additional convictions, within a twelve (12) month period." Section 3. CEQA Exemption. Adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to California Public Resources Code section 21080(b)(3) regarding projects to maintain, repair, restore, or replace property or facilities damaged or destroyed as a result of a declared disaster and Section 21080(b)(4) regarding actions to mitigate or prevent an emergency, and CEQA Guidelines Section 15269(a) regarding maintaining, repairing, restoring, demolishing, or replacing property or facilities damaged or destroyed as a result of a disaster stricken area in which a state of emergency has been proclaimed by the Governor pursuant to the California Emergency Services Act, commencing with Section 8550 of the California Government Code. Section 4. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The Board of Supervisors hereby declares that it would have passed this 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ordinance and every section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid. Section 5. Effective Date and Publication. This Ordinance shall be and the same is hereby declared to be in full force and effect immediately upon its passage by a four-fifths (415) or greater vote. 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 a newspaper of general circulation published in the County of Butte, State of California. Pursuant to Government Code section 25124, a complete copy of this Ordinance is on file with the Clerk of the Board of Supervisors and is available for public inspection and copying during regular business hours in the office of the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California. 111 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 4th day of November, 2020 by the following vote: AYES: Supervisors Connelly, Lucero, Ritter', Teeter and Chair Lambert NOES: None Ii;CM"T I )IN ILIEM STEVE LAMBERT, Chair Butte County Board of Supervisors ATTEST: ANDY PICKE TT, Chief Administrative Officer and Clerk of the Board By: ------- eputyp/,/ 33 Yll North Complex Fire Public Lands and County Maintained Roads Roads County Maintained Roads County Maintained Roads 200' Buffer Public Land Parcels Public Land 200' Buffer North Complex Fire Perimeter County Boundary m M / d �0 101 Bal oCW l l0 A^, M, '% k►n Laporte Rd VLd Lump Butte County GIS 10.30.2020