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Urgency Ordinance No. 4194
AN URGENCY ORDINANCE OF THE COUNTY OF BUTTE AMENDING ARTICLE V
OF CHAPTER 53, "CAMP FIRE RECOVERY" OF THE BUTTE COUNTY CODE TO
ADD NUISANCE ABATEMENT PROCEDURES FOR HAZARD TREES ON
NONCOMPLIANT PARCELS
415 VOTE REQUIRED
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Emergency 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 finds that this
Ordinance is necessary for the immediate preservation of the public peace, health and safety,
based upon the following facts:
A. Conditions of extreme peril to the safety of persons and property within the County were
caused by the Camp Fire, commencing on the 8th day of November, 2018, at which time
the Board of Supervisors was not in session.
B. California Government Code section 8630 empowers the County Administrator to
proclaim the existence of a local emergency when the county is affected or likely to be
affected by a public calamity, subject to ratification by the Board of Supervisors at the
earliest practicable time.
C. On November 8, 2018, the County Administrator of the County of Butte proclaimed the
existence of a local emergency within Butte County due to the Camp Fire.
D. On November 8, 2018, the Acting Governor of the State of California proclaimed a State
of Emergency for Butte County pursuant to the California Emergency Services Act,
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commencing with Section 8550 of the Government Code, and on November 14, 2018, the
Governor issued Executive Order B-57-18 concerning the Camp Fire.
E. On November 9, 2018, the Camp Fire was still burning through the County and despite
firefighters' best efforts, the wildfire was not contained. Evacuation orders were in place
and numerous severe public health and safety hazards were present in the Camp Fire area,
including many blocked roads from fallen power lines, burned trees and vehicles,
numerous burned vehicles left throughout the Camp Fire area due to survivors fleeing their
vehicles in efforts to survive the wildfire, no available utilities, no available public services
and the presence of human remains and animal carcasses. At the time, the County estimated
that 2,000 structures had burned in the Camp Fire.
F. On November 9, 2018, Dr. Andrew Miller, Butte County's Local Health Officer, issued a
Declaration of Health Emergency pursuant to California Health and Safety Code section
101080. Dr. Miller's declaration stated that the local health emergency was a consequence
of the debris resulting from the Camp 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
Camp Fire area. The threats included (1) the enormous amount of fire debris present in the
Camp Fire area, including ash and debris containing hazardous materials and probable
radioactive materials 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
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or destruction of the residential and commercial water supply in the Camp Fire area and
(4) the potential pollution of the drinking water downstream from the Camp Fire area if I
weather conditions caused the spread of the hazardous materials in the ash and debris of I
burned qualifying structures.
G. On November 12, 2018, the President of the United States declared the existence of a major
disaster in the State of California, providing assistance from many federal agencies,
including the Federal Emergency Management Agency (FEMA).
H. On November 13, 2018, the Board of Supervisors adopted Resolution No. 18-169 ratifying
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the County Administrator's proclamation of the existence of a local emergency in Butte
County. 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 federal disaster
relief program.
On November 13, 2018, the Board of Supervisors ratified Dr. Miller's Declaration of
Health Emergency.
On November 21, 2018, the status of the Camp Fire area was as follows: firefighters had
contained the Camp Fire; the Sheriff had lifted some evacuation orders; work crews had
removed fallen power lines, burned vehicles and trees blocking the roads; utilities including
electric power, gas and non -potable water had become available; no local businesses were
open to serve the public; and no public services were available. Further, preliminary actions
had been taken to mitigate the risk from animal carcasses, radioactive waste and perishable
foods in the Camp Fire area, however, concerns regarding the threats remained. The public
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health hazards present in the Camp Fire area included (1) the public health hazards from
the enormous amount of fire debris, (2) the public health hazard from the hazardous
materials and probable radioactive materials present in the ash and debris from destroyed
qualifying structures, (3) the threat of infectious or communicable disease and/or non-
communicable biologic agent due to the presence of animal carcasses, perishable foods and
radioactive waste and (4) the potential pollution of the drinking water downstream from
the Camp Fire area if weather conditions caused the spread of the hazardous materials in
the ash and debris of burned qualifying structures. At the time, the County estimated that
the Camp Fire had destroyed 18,000 structures.
K. On November 21, 2018, Dr. Miller issued a Hazard Advisory strongly suggesting residents
should not reside on property with qualifying structures damaged or destroyed by the Camp
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 were lifted, the Department of Public Health provided residents who
chose to visit their property to collect valuables with re-entry packets to improve their
safety during the visit. The re-entry packets included personal protective equipment and
information on the dangerous conditions and toxic materials present in the Camp Fire area.
The re-entry packets were intended to improve public safety from the public health hazards
encountered during the visit, but was 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 Camp Fire area, including (1) the enormous amount of fire debris present in the
Camp 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
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infectious or communicable disease and/or noncommunicable biologic agents due to I
animal carcasses, radioactive waste and perishable foods, (4) the potential contamination
or destruction of the residential and commercial water supply in the Camp Fire area and
(5) the potential pollution of the drinking water downstream from the Camp Fire area if
weather conditions caused the spread of the hazardous materials in the ash and debris of
burned qualifying structures.
L. The Camp Fire to date has consumed 153,336 acres and has led to the destruction of 13,696
residences, damage to 462 residences, the destruction of 276 multiple family residences,
the destruction of 528 commercial buildings, damage to 102 commercial buildings, the
destruction of 4,293 other minor structures, and resulted in the evacuation of over 50,000
people. As a result, the Camp Fire has created an enormous amount of debris.
M. 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
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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.
O. 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
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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.
P. Standards and removal procedures are needed immediately to protect the public 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 Camp Fire disaster.
Q. The Camp Fire has created hazardous waste conditions in Butte County 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.
R. The Board of Supervisors previously approved urgency ordinances and/or related
resolutions relating to the Camp Fire disaster recovery on December 11, 2018, December
21, 2018, January 8, 2019, January 29, 2019, February 4, 2019, February 12, 2019,
February 24, 2019, April 23, 2019, August 13, 2019 September 10, 2019, October 22, 2019,
November 5, 2019, November 19, 2019, December 17, 2019, February 11, 2020, March
10, 2020, July 21, 2020 and September 29, 2020. The actions addressed the need for the
regulation of debris removal to alleviate the public health, safety and welfare concerns
associated with the ash and debris of qualifying structures and temporary emergency
housing options.
S. As of February 4, 2019, the status of the Camp Fire disaster recovery is as follows: (1)
Phase I cleanup by the U.S. Environmental Protection Agency and the California
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Department of Toxic Substances Control is complete, which has reduced the public health
concerns relating to the most hazardous materials present in the Camp Fire area, (2) Phase
11 of the cleanup pursuant to the Government (CalOES) Program and the Alternative
Program has commenced, (3) utilities are available (except for potable water), (4)
numerous businesses have opened to serve the public, (5) public services are available,
including a FEMA and CalOES jointly -operated Disaster Recovery Center in Paradise,
California. Current threats include (1) the enormous amount of fire debris present in the
Camp Fire area, (2) hazardous materials and probable radioactive materials present in ash
and debris from qualifying structures, (3) the potential pollution of the drinking water
downstream from the Camp Fire area if weather conditions caused the spread of the
hazardous materials in the ash and debris of burned qualifying structures. The purpose of
this ordinance is to allow residents to live on properties in the Camp Fire area that do not
contain fire ash and debris from a qualifying structure destroyed or damaged by the Camp
Fire.
The Debris Removal Operations Plan for the Camp Fire prepared by the
CalOES/CalRecycle Incident Management Team provides that the DTSC 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 fires 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
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heavy metals that can be toxic and can have significant impact to individual properties,
local communities, and watersheds if the ash and debris is not removed safely and
promptly. The plan also indicates that the purpose of the structural debris removal program
is to remove debris that poses a risk to health and/or the environment. Debris from
structures smaller than 120 square feet are not included in the program.
U. The Local Health Officer, Dr. Miller, has indicated the following: (1) the Phase II cleanup
of the properties containing ash and debris from a qualifying structure mitigates the public
health hazards of the Camp Fire; (2) failing to clean properties containing ash and debris
from a qualifying structure can have severely negative long-term consequences to the
public health and environment; (3) therefore, the County's focus must be on
accomplishment of the Phase II cleanup to address the public health hazards; (4) the
standard for determining when a property is clean from ash and debris from a qualifying
structure is when the Phase 11 cleanup work is complete and the property is certified clean
by the Department of Public Health, Environmental Health Division; (5) as ash and debris
of qualifying structures is the focus of the Phase 11 cleanup work, the significance of the
public health risks is higher on properties with ash and debris from a qualifying structure;
(6) given the progress the Camp Fire disaster recovery has made with respect to the hazards
identified in the findings above, the remaining significant public health hazard is the ash
and debris from qualifying structures; (7) based on the foregoing, properties that contain
ash and debris from qualifying structures constitute a significant public health risk and
therefore, those properties should be ineligible for temporary emergency housing until
Phase II cleanup work is completed on the property and is certified clean by the Department
of Public Health, Environmental Health Division; and (8) properties that do not contain ash
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and debris from a qualifying structure do not pose a significant public health risk and
should be eligible for temporary emergency housing.
V. There is an immediate need for housing to accommodate persons who have been displaced
by the Camp Fire. This Chapter temporarily relaxes some building and zoning regulations
to allow for additional housing both inside and outside of the Camp Fire affected area for
displaced persons. Due to the magnitude of the destruction, there is a need to provide for
sufficient housing options both inside and outside of the Camp Fire affected area.
W. As of October 22, 2019, the status of the Camp Fire area was as follows: (1) Phase 11 of
the cleanup pursuant to the Government (CaIOES) Program and the Alternative Program
have resulted in the majority of Camp Fire parcels with final sign off and clearance for
rebuild; (2) the County has received 150 applications and issued 70 building permits for
residential parcels for Camp Fire survivors inside the Camp Fire area; (3) the County has
commenced its nuisance abatement actions on parcels not compliant with debris removal
requirements of Chapter 53; (4) dead and dying trees litter the Camp Fire footprint,
including areas where some homes stili exist and where others existed and are now pending
construction; (5) the County has had trees in the County right-of-way assessed by an
arborist and removed a small portion of over 6,649 hazard trees' that have been determined
to meet removal criteria; (6) Del Oro Water and Paradise Irrigation District are in the
process of testing residential structures for water contaminants in the Camp Fire area; (7)
numerous Camp Fire survivors who are unable to live on their property until the fire debris
removal is complete are sheltering at non -congregate shelters at Lime Saddle and DeSabla
' The criteria for hazard trees for this purpose is set out in Section HH, below.
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campgrounds; and (8) Camp Fire survivors are reporting barriers to returning to their
properties and rebuilding, including but not limited to hazard standing trees, large
depressions in the ground as a result of debris removal without adequate fill dirt in the area,
delays in accessing temporary power, concerns regarding contaminated drinking water in
the area, and being unable to rebuild on their property because it has not yet received final
sign -off in the debris removal program.
X. The majority of the Camp 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.
Y. The County generally has a climate conducive to wildfires and is prone to periodic dry
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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 Camp Fire created a fuel type conversion whereby the Ponderosa Pine
and mixed conifer forests have now been converted 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,
thereby endangering the safety of firefighters during a wildfire.
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AA. Recently the County has had an increase in the number of trees falling in the Camp Fire
area. 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. Wind events in the Camp Fire area
result in healthy trees falling. 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 (1) the public safety of motorists on the
roads as falling trees may cause accidents or injure motorists or pedestrians, (2) the public
safety of any residents attempting to use primary and/or secondary evacuation routes in the
Camp Fire area if the tree(s) fall during a disaster and (3) the safety of first responders
attempting to enter and exit the Camp Fire area to assist residents in need..
BB. 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.
CC. 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 Camp Fire area.
DD. 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
Camp Fire. Further, under normal circumstances, dead and down trees hamper fire
suppression efforts. The huge number of fire damaged trees from the Camp Fire justifies
County action to reduce the risk posed by fire damaged standing trees.
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EE. The enormity of the standing burnt trees throughout the Camp 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 Camp Fire area, businesses will not be able to open and remain in business.
The County must eliminate hazard trees from the Camp Fire area to encourage rebuilding
projects in the region.
FF. The County estimates 85,000 trees must be removed from approximately 4,700 private
parcels adjacent to eligible roads and public improved properties.
GG. 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
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during a future fire, and will choose not to rebuild in the Camp Fire area. Without that
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.
The County has contracted with a certified arborist and tree health expert company to
assess and inventory trees rooted in the public right-of-way for tree mortality risk rating.
The arborists have generated a report and forms memorializing the tree mortality data at
the time of field reconnaissance and inventory efforts on February 2, 2019 through July 31,
2019. One of the purposes of the field reconnaissance effort was to identify, inventory, and
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assess the risk of trees rooted in the public right-of-way within the unincorporated areas of
the Camp Fire disaster area that:
• Were damaged by the Camp Fire;
• Have a diameter of six inches or greater measured 4.5 feet above ground level;
• Pose an immediate threat to life, public health and safety, as a result of threatening
public right-of-ways; and
Meet one or more of the following criteria:
1. Have a split trunk;
2. Have a broken canopy; or
3. Is leaning at an angle greater than 30 degrees; and
• Is determined, in the professional opinion of the arborist, that the tree is a hazard
consistent with criteria set forth in ANSI A300 (Part 9), known as the Tree Risk
Assessment Standard.
11. For those trees which met the defined criteria, the arborists employed the ISA's Tree Risk
Assessment methods to assess a tree's risk ratings, which was based on the health of the
tree and the tree's relation to public right-of-ways.
JJ. Field reconnaissance and inventory efforts have found approximately 6,338 trees which
met the defined criteria.
KK. County arborists and foresters working on the Camp Fire recovery have stated that as time
passes, hazard trees become more dangerous, not less. During dry periods, the roots and
tops of trees can crack, bake in the sun and wind and begin to rot and decay. This results
in heightened risks, including but not limited to. (1) the tree falling from the bottom as its
root system is decayed and can no longer support the weight of the tree, (2) the top of the
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tree cracking and splitting, which falls unexpectedly (3) the predictability of the behavior
of a dead and/or dying tree while being removed is reduced, making removal more
dangerous to removal workers and requiring additional equipment, which increases
removal costs.
LL. The County's arborists have recommended removal of all hazard trees which meet the
defined criteria and are rooted along the County's right-of-way.
MM. 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 Camp Fire area and
surrounding area.
NN. The County's Tree Right -of -Entry Permit Center has made numerous efforts to contact
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owners of parcels that are not in compliance with this Article, including by several letters,
email communications and phone calls. County staff has contacted owners of noncompliant
parcels no less than six times in an effort to bring the parcels into compliance without
abatement proceedings.
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.
PP. 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 Camp Fire to immediately
eliminate or reduce the risks to life, public health and safety, infrastructure, forest health
and the community at large.
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Section 2. Section 53-88 of Article V of Chapter 53 of the Butte County Code is amended as
follows:
1153-88. Deadlines and enforcement.
A. Properties that contain hazard trees and that do not have (1) an approved Government
Hazard Tree Removal Program ROE by the deadline set by the Government Hazard Tree
Removal Program or (2) either (a) an approved inspection access form for the Private Tree
Program or (b) an approved Arborist's/Forester's Certification by the deadline set by the Board,
are declared a public nuisance and health hazard and such properties may be abated pursuant to
this article.
B. The Board may set a deadline for the completion of Hazard Tree removal by resolution.
Properties that have Hazard Trees from the Camp Fire after that deadline are declared a public
nuisance and health hazard and such properties may be abated pursuant to this article.
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."
Section 3. Section 53-89 of Article V of Chapter 53 of the Butte County Code is amended as
follows:
"53-89. Public nuisances and enforcement.
A. Whenever the Enforcement Officer determines that a public nuisance (as specified in this
article) exists, he or she shall use any legal remedies available under California law to address
and abate the public nuisance, including but not limited to Chapters 1, 32A, 41 and/or 53 of the
Butte County Code.
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B. The County may, in its discretion, abate a violation of this article by the prosecution of a civil
action, including an action for injunctive relief. The remedy of injunctive relief may take the
form of a court order, enforceable through civil contempt proceedings, prohibiting the
maintenance of a violation of this article, or requiring compliance with other terms.
C. The County may also abate a violation of this article through the abatement process
established by Government Code Section 25845.
D. If a public nuisance is found to be present on the property in violation of this article, the
Enforcement Officer shall pursue payment for Abatement and Administrative Costs from the
owner and the owner of the property shall be responsible for paying all of the County's
Abatement Costs and Administrative Costs."
Section 4. Section 53-93 of Article V of Chapter 53 of the Butte County Code is added as
follows:
"53-93. Burden of Proof of Public Nuisance.
a. When an owner maintains a Hazard Tree on his or her property that is deemed to be a public
nuisance pursuant to this Article, the burden of proof shall rest with the Enforcement Officer
making the allegation or determination and shall be based on a preponderance of the evidence
as follows:
Evidence supporting an allegation of the existence of a public nuisance as described in this
Article shall demonstrate that (A) the property has one or more Hazard Trees on the property
and (B) the property owner (i) has not entered into the Government Hazard Tree Removal
Program or Private Tree Program or (ii) has not complied with the requirements of the
Government Hazard Tree Removal Program or Private Tree Program.
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b. Abatement of Public Nuisance: Abatement of a condition or circumstance that is alleged to
be a public nuisance shall be encouraged to be on a voluntary basis on the part of the violator
or, when necessary, performed by official action."
Section 5. Section 53-94 of Article V of Chapter 53 of the Butte County Code is added as
follows:
"53-94. Duty.
No person or entity shall cause, permit, maintain, conduct or otherwise allow a public nuisance
as defined in this Chapter to exist within the unincorporated limits of the County of Butte. It
shall be the duty of every owner, occupant, and person that controls any land or interest therein
within the unincorporated area of the County of Butte to remove, abate, and prevent the
reoccurrence of the public nuisance upon such land."
Section 6. Section 53-95 of Article V of Chapter 53 of the Butte County Code is added as
follows:
"53-95. —Abatement procedure
(a) Whenever the Enforcement Officer determines that a public nuisance pursuant to this Chapter
exists, he or she shall request in writing that the public nuisance be abated within fifteen (15)
days. If the condition(s) continue beyond that fifteen (15) day period, the Enforcement Officer
may set the matter for hearing. If the matter is set for hearing, the Enforcement Officer shall post
the property upon which the public nuisance exists and shall mail, with a proof of service, notices
to those persons known to be in possession of the property, if any, and to persons shown on the
latest County tax roll to be the owners of the property at least ten (10) days prior to the hearing.
The Notice of Hazard Tree Nuisance Abatement Hearing shall inform the owner(s) of the basis
for the violation and explain that to prevent the accrual of additional costs, the owner(s) must
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contact the Enforcement Officer and arrange a time for the Enforcement Officer to inspect the
property, and confirm that the violation(s) have been corrected. Both the mailed and posted
notice shall be in substantially the following form:
�rErrsrrerrrrrarrrrrrarrrrrrrrarrrrrrrrrrrrrrrarrarrrrrrrr#rrrrarrarErrrrrrrrr■
NOTICE OF HAZARD TREE NUISANCE ABATEMENT HEARING
The owner(s) and occupant(s) of real property described on the latest equalized Butte County
tax roll as A.P. No. and having a street address of is (are) hereby notified to
appear before a Hearing Officer of the County of Butte at on , 20, at the
hour of o'clock m., to show cause, if any there be, why the use of said real property
should not be found to be a public nuisance and abated pursuant to the Butte County Code. The
Enforcement Officer for the Hazard Tree Removal Program has determined that conditions exist
on the above property which constitute a public nuisance and violate Butte County Code
section(s) , as follows: . After hearing, if a violation is found to have existed at
the time the Notice of Hazard Tree Nuisance Abatement Hearing was posted on the property,
the cost of abating such violation, including, but not limited to, the cost of the Hearing Officer,
the cost of prior time and expenses associated with bringing the matter to hearing, the cost of
judicially abating the violation, the cost of labor and material necessary to physically abate the
violation, and the cost of securing expert and other witnesses may become a lien against the
subject property. If an abatement lien is recorded, it will have the same force and effect as an
abstract of judgment which is recorded as a money judgment obtained in a court of law. If you
fail to appear at the hearing or if you fail to raise any defense or assert any relevant point at the
time of hearing, the County will assert, in later judicial proceedings to enforce an order of
abatement, that you have waived all rights to assert such defenses or such points.
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In preparing for such hearing, you should be aware that if an initial showing is made by
the County, sufficient to persuade the Hearing Officer that a public nuisance existed on your
property at the time the Notice of Hazard Tree Nuisance Abatement Hearing was posted on the
property, you will then have the burden of proving that no public nuisance exists on your
property. Therefore, you should be prepared to introduce oral and documentary evidence proving
why, in your opinion, your use of the property is not a public nuisance as defined in the Butte
County Code. A copy of Article V of Butte County Code Chapter 53 relating to Hazard Tree
abatement hearings is enclosed to assist you in the preparation of your presentation.
If an initial showing sufficient to persuade the Hearing Officer that a public nuisance
existed on your property is made by the Enforcement Officer, your failure to sustain the burden
of showing that no public nuisance existed on the property may result in a decision by the
Hearing Officer that a public nuisance did exist, an order to abate the nuisance (which may also
result in a later judicial order to the same effect) and that the County is entitled to recover its
Administrative Costs.
Further, if the Hearing Officer finds that a public nuisance continues to exist on your
property and you fail to abate the nuisance promptly, the County may abate the nuisance. If the
County abates the nuisance, you may be responsible for the actual costs of the abatement,
including the costs to the County of the administrative hearing, and such costs may be placed as
a lien against your parcel by the County.
Finally, if the Hearing Officer finds that a public nuisance existed or exists on your
property, a violation of the Butte County Code, the County will contend that you are bound by
such finding at any subsequent judicial action to enforce the Hearing Officer's order.
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IIMPORTANT: READ THIS NOTICE CAREFULLY. FAILURE TO APPEAR AND I
RESPOND AT THE TIME SET FORTH IN THIS NOTICE WILL LIKELY RESULT IN
ADMINISTRATIVE AND/OR JUDICIAL ABATEMENT AND TERMINATION OF USES
OF OR CONDITIONS ON YOUR PROPERTY WHICH THE ENFORCEMENT OFFICER
CONTENDS ARE IN VIOLATION OF THE BUTTE COUNTY CODE. TO PREVENT THE
ACCRUAL OF ADDITIONAL COSTS, YOU MUST CONTACT THE ENFORCEMENT
OFFICER AND ARRANGE A TIME FOR THE ENFORCEMENT OFFICER TO INSPECT
YOUR PROPERTY AND CONFIRM THAT THE VIOLATION(S) HAVE BEEN
CORRECTED.
Dated:
COUNTY OF BUTTE
CAMP FIRE RECOVERY — HAZARD TREE REMOVAL
ENFORCEMENT OFFICER
Enclosure: Article V of Butte County Code Chapter 53
b) All hearings conducted under this Chapter shall be held before a Hearing Officer designated
pursuant to the protocol set forth in that document entitled the "Butte County Administrative
Hearing Officer Program." The Program is based upon an alphabetical rotation through attorneys
currently under contract through the Program.
(c) At the time and place set for the hearing, the Hearing Officer shall review the Enforcement
Officer's decision ordering cessation of the alleged public nuisance to determine whether such
decision conforms to law and is supported by substantial evidence. The Hearing Officer shall
hear testimony and receive written and/or documentary evidence relating to the alleged violation.
Additional procedural rules may be adopted by resolution of the Board of Supervisors. The
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Hearing Officer shall tape record the hearing or engage the services of a certified court reporter
to record the hearing and shall preserve the record of the hearing and all photographs and
demonstrative and documentary evidence introduced at the time of the hearing for a period of
three (3) years.
(d) Within five (S) days after the hearing is closed, the Hearing Officer shall render his or her
written decision relating to the existence or nonexistence of the alleged public nuisance. If a
violation is found to have existed at the time the Notice of Hazard Tree Nuisance Abatement
Hearing was posted, the decision shall include a statement of the Abatement and Administrative
Costs incurred by the County or estimated costs to abate the violation and shall also order that
the owner of the property, or persons known to be in possession of the property, abate the
violation within a reasonable time, not to exceed ten (10) days. The decision shall contain
findings of fact and conclusions of law. A copy of the decision shall be mailed by certified mail,
return receipt requested, to the person or persons shown on the last County tax roll to be the
owners of the property which is the subject of the hearing and the occupant of such parcel, if
any. All other persons noticed pursuant to this section shall be mailed a copy of the decision by
first class mail, postage prepaid.
(e) The decision of the Hearing Officer shall be final on the date the certified mail set forth in
subsection (d) above, is deposited in the mail. The Hearing Officer shall notify the Clerk of the
Board of Supervisors of his or her decision and the date upon which the decision became final. If
it is the decision of the Hearing Officer that a public nuisance existed at the time the Notice of
Hazard Tree Nuisance Abatement Hearing was posted, the owner of the property shall be
responsible for paying all of the County's Abatement Costs and Administrative Costs, including
but not limited to, those cost items set forth in the notice required by subsection (a) above.
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(f) Notwithstanding any other provisions of this Code, if a final decision of the Hearing Officer
or the Board of Supervisors finds that a violation existed at the time the Notice of Hazard Tree
Nuisance Abatement Hearing was posted and the public nuisance is not voluntarily abated within
the time prescribed, the Enforcement Officer may abate the public nuisance pursuant to a warrant
issued by a court of competent jurisdiction. The owner of the property shall be responsible for
paying all of the County's Abatement Costs and Administrative Costs, including but not limited
to, those cost items set forth in the notice required by subsection (a) above. The Enforcement
Officer shall keep an accounting of the Abatement and Administrative Costs to perform each
abatement. Upon completion of the abatement, the Enforcement Officer shall post the property
and send a bill to the owner, and any persons known to be in possession of the property,
requesting payment of the County's Abatement and Administrative Costs. The bill shall also
state that failure to pay the Abatement and Administrative Costs within fifteen (15) days from
service of the bill may result in the recording of a lien against the property.
If the County's Abatement and Administrative Costs are not paid within fifteen (15) days
from service of the bill, the Enforcement Officer shall render an itemized report to the Clerk of
the Board of Supervisors for submittal to the Board of Supervisors for hearing and consideration
regarding the proposed lien. The report shall include the names and addresses of the owner of
record and any persons known to be in possession of the property. The report shall also include
the date the abatement was ordered, the work performed, the date the abatement was completed,
a description of the property subject to the lien, and an itemized account of the County's
Abatement and Administrative Costs. At least fifteen (15) days prior to said hearing, the Clerk
of the Board of Supervisors shall give notice, with an affidavit of service, of said hearing to all
persons named in the Enforcement Officer's report and the Enforcement Officer shall post the
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property with a copy of the notice. The notice shall describe the property by assessor's parcel
number and street number or other description sufficient to enable identification of the property
and contain a statement of the amount of the proposed lien. The notice shall also contain a
statement that the Board will hear and consider objections and protests to the proposed lien at
the designated time and place.
(k) At the time and place fixed in the notice, the Board of Supervisors shall hear and consider
the proposed Iien with objections and protests thereto. At the conclusion of the hearing, the Board
of Supervisors may make such modifications and revisions to the proposed lien as it deems just
and may order that the proposed lien be recorded by the Enforcement Officer. The lien shall have
the same force, priority and effect as a judgment lien.
(1) The notice of abatement lien shall, at a minimum, identify the record owner or possessor of
the property, set forth the date upon which abatement of the nuisance was ordered or deemed
ordered by the Board of Supervisors, describe the real property subject to the lien, set forth the
amount of the Abatement Costs and Administrative Costs incurred to date and, if applicable, the
date upon which the abatement was completed. If the abatement has not yet been completed, the
notice shall so state and shall also indicate that the lien is a partial lien and that additional
Abatement Costs will be incurred in the future.
It is the intent of the Board of Supervisors that Abatement Costs and Administrative Costs
incurred after the filing of the notice of abatement lien relate back to the date upon which the
lien was recorded for purposes of priority; however, in order to preserve its rights, after all
Abatement Costs and Administrative Costs have been incurred and the abatement is complete,
the Enforcement Officer shall cause a supplemental notice of abatement lien to be recorded. The
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supplemental notice shall contain all of the information required for the original notice and shall
also refer to the recordation date and the recorder's document number of the original notice.
(m) The decision of the Hearing Officer or Board of Supervisors may be recorded by the
Enforcement Officer. In the event of such recordation and in the further event that the violation
is corrected, a notice of such correction shall be recorded. The Enforcement Officer is authorized
to prepare and record a notice of correction. Correction of the violation shall not excuse the
property owner's liability for costs incurred during the administrative abatement process
(Abatement Costs and Administrative Costs as defined in section 53-90 of this Chapter). If the
property owner has not fully compensated the County for costs incurred during the
administrative abatement process, a notice of correction shall not be recorded unless the fee
specified in section 41-9 of this code has been paid. Payment of the fee specified in section 41-
9 of this section does not excuse the property owner's liability for costs incurred during the
administrative abatement process (Abatement Costs and Administrative Costs as defined
in section 53-90 of this chapter).
(n) The County may, in its discretion, commence a judicial action to enjoin a violation of this
chapter without the necessity of first going through the administrative procedures set forth
herein."
Section 7. 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
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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 8. 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 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 9. 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.
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PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the 12'�'day of January, 2021 by the following vote:
AYES,: Supervisors Lucero, Ritter, Kimmelsime, Teeter, and Chair Connelly
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Andy Pickett, Chief Administrative Officer
and Clerk of the Board
By:
Deputy
I I
Bill Connelly, Chair 0
Butte County Board Of Supervisors
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