Loading...
HomeMy WebLinkAbout030-430-019 CE16-0005 Bishop Hearing Notice 2016-06-02 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR r 7 County Center Drive Oroville,CA 95965 530.538.7601 Office Butte County 530.538.7785 Fax DEVELOPMENT SERVICES www.buttecounty.net/dds ADMINISTRATION* BUILDING* PLANNING May 12, 2016 Sharon Bishop Estate Sharon Bishop Estate 1642 Leta Lane do Donald Stevens AR8772 Oroville, CA 95966 Centinela State Prison D5-146 P. O. Box 931 Imperial, CA 92251 RE: CE16-0005 NOTICE OF NUISANCE ABATEMENT HEARING Important: Read carefully Please be aware that if your property is deemed to be a public nuisance at a Nuisance Abatement Hearing, you will be required to pay all costs related to case management including, but not limited to, County staff time, administrative hearing officer and abatement costs. If you do not clean up the property after the decision, the County will hire a contractor at your expense to clean up the property. The full cost of the abatement process may be$5,000 to$25,000,or more. What if I clean up the property after the Nuisance Abatement Hearing? You will still be responsible for paying costs. If you clean up the property after the property is deemed a public nuisance by a Nuisance Abatement Hearing, you will be responsible for all costs leading up to your clean-up of the property. How can I avoid costs? If you clean up the property prior to the Nuisance Abatement Hearing, you will not be required to pay any costs. The owner and occupant of real property described on the latest equalized Butte County tax roll as APN: 030-430-019 and having a street address of 1642 Leta Lane, Oroville, California is hereby notified that an administrative hearing will be held before an Administrative Hearing Officer at Butte County Development Services Conference Room, 7 County Center Drive, Oroville, California 95965 on Thursday, June 2, 2016, at 10:00 a.m. to determine if the property constitutes a public nuisance in violation of Butte County Code Chapter 32 A, which provides that a public nuisance shall be deemed to exist when any of the following conditions or circumstances are present: (1) Anything which is injurious to health, poses a significant potential to cause economic and/or physical injury or damage to persons or property, or constitutes a significant detriment to the prevention or suppression of fire, or significantly interferes with the provision of emergency services to the public. (2) Anything which is indecent or offensive to the senses, or an obstruction to the free use of property so as to unreasonably interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use in the customary manner of any navigable lake, river, bay, stream, canal, or basin or of any public park, square, street or highway and at the same time affects an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals and/or property may be unequal. The Butte County Department of Development Services has determined that the conditions existing on the property constitute a nuisance; specifically, the red tagged single wide mobile home, car and boat in the yard, burned 5th wheel trailer with large amounts of fire debris,junk and garbage constitute a nuisance as defined above. After hearing, if a violation is found to exist, 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 associated with any appeals from the decision of the Hearing Officer, 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 and may also be assessed against the property in the same manner as taxes. 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. 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 exists on your 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 the Butte County Code Chapter relating to 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 exists on your property is made by the Code Enforcement Officer, your failure to sustain the burden of showing that no public nuisance exists on the property may result in an administrative decision ordering the abatement of uses or conditions on your property which are found to be a public nuisance and may also result in a later judicial order to the same effect. Further, if the Hearing Officer finds that a public nuisance exists 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 specially assessed against your parcel by the Auditor-Controller's Office and added to the your tax bill as a special assessment. Such special assessments have the same priority, for collection purposes, as other county taxes and, if not paid, may result in a forced sale of your property. Finally, if the Hearing Officer finds that a public nuisance 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. IMPORTANT: READ THIS NOTICE CAREFULLY. FAILURE TO APPEAR AND 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 DIRECTOR OF DEVELOPMENT SERVICES CONTENDS ARE IN VIOLATION OF THE BUTTE COUNTY CODE. Please contact Jim McMillian or Phil Preader, Nuisance Abatement Code Enforcement Officers at (530) 538-7601 if you have any questions regarding your nuisance abatement case or this hearing notice. Dated: 54 / BUTTE COUNTY DIRECTOR OF DEVELOPMENT SERVICES By: �'. Enclosure: Butte County Code Chapter 32A