Butte County Municipal Code Ch. 38A Fire Prevention and Protection

Footnotes:

--- (1) ---

Editor's note— Ord. No. 4199, § 1, adopted February 9, 2021, repealed ch. 38A, §§ 38A-1—38A-25 and enacted a new ch. 38A as set out herein. Former ch. 38A pertained to similar subject matter and derived from Ord. No. 3936, § 4 (part), adopted June 13, 2006 and Ord. No. 4173, §§ 1—13, adopted November 5, 2019.

Pursuant to the authority granted to it by sections 14930 and 14931 of the Health and Safety Code of the State of California, article I, section 1 of the Butte County Charter, article XI, section 7 of the California Constitution and sections 25845, 53069.4 and 54988 of the California Government Code, the Board of Supervisors does enact this chapter, which shall be known and may be cited as the "Fire Prevention and Protection Ordinance."

(Ord. No. 4199, § 1, 2-9-21; Ord. No. 4264, § 1, 6-10-25)

(a) Butte County's geographic and climatic conditions are naturally prone to seasonal wildfires. Many of the County's native and non-native plant species can be highly flammable during normal dry periods, and when coupled with high wind events, may cause significant wildfires within the County, as demonstrated by the 2018 Camp Fire and the 2020 North Complex Fire, which resulted in catastrophic losses to life, property, and the environment.

(b) Of paramount importance to the Board of Supervisors and the citizens of Butte County is the protection of lives and property from the threat of fire, and the safety of fire and law enforcement personnel during wildfires.

(c) It is the intent of this chapter to encourage the owners and occupants of real property in the unincorporated areas of the County to maintain their properties to:

(1) Reduce the risk of uncontrolled fires and the harm they may cause;

(2) Minimize the spread of any fire to other properties and buildings;

(3) Reduce obstructions to fire suppression efforts if a fire does occur;

(4) Increase the opportunity for firefighters to successfully protect lives, residences and other valuable buildings from wildfires;

(5) Protect populated areas, such as metropolitan areas, suburban areas, and urban and rural subdivisions from encroaching wildfires;

(6) Reduce the spread of residential and other building fires into the wildland vegetation; and

(7) Prevent interference with fire hazard abatement activities.

(d) It is the further intent of the Board of Supervisors for county personnel to seek and obtain voluntary compliance with this chapter, and to provide appropriate remedies if voluntary compliance is not obtained.

(Ord. No. 4199, § 1, 2-9-21; Ord. No. 4264, § 1, 6-10-25)

This chapter shall supplement and be in addition to the other fire prevention and protection statutes, regulations, and ordinances enacted by the state, the County or any other governmental agency having jurisdiction, including, but not limited to, the California Fire Code and Public Resources Code sections 4290 and 4291.

Except as otherwise provided, this chapter shall be administered and implemented by the Fire Chief, in conjunction with the Department of Development Services, Code Enforcement Division.

(Ord. No. 4199, § 1, 2-9-21; Ord. No. 4264, § 1, 6-10-25)

Except where the context otherwise requires, the following definitions shall govern the construction of this chapter:

(a) "Abatement" means mitigation or elimination of a fire hazard and such ongoing maintenance as is necessary to prevent the recurrence of a fire hazard.

(b) "Abatement costs" means any costs or expenses reasonably related to the abatement of conditions which violate this chapter, and shall include, but not be limited to, enforcement, investigation, collection and Administrative Costs, and the costs associated with the removal or correction of the violation.

(c) "Administrative costs" means any costs or expenses reasonably related to the administration of an abatement action, and shall include, but not be limited to, the cost of county staff time reasonably related to enforcement, for items including, but not limited to, site inspections, travel time, investigations, telephone contacts, and time spent preparing summaries, reports, notices, and correspondence, warrants and hearing packets. The time expended by staff from Development Services, Butte County Fire, and Auditor-Controller calculating the above costs and preparing itemized invoices showing such costs and prepare itemized invoices, may also be recovered.

(d) "Building" means any structure or vehicle meeting at least one (1) of the following:

(1) Is occupied and used as a business or residence three (3) months of the year or more in any combination of days;

(2) Has one (1) or more utilities connected to it, including, but not limited to, natural gas, propane, a sewage disposal system, domestic water supply, or electricity. This includes any means of connection, permitted or otherwise;

(3) Has three (3) or more walls, and a roof, and is greater than one hundred nineteen (119) square feet in size; or

(4) Is used for mechanical processing.

The definition of a building shall not include recreational vehicles with tires in good repair, not standing on leveling jacks or posts, and not otherwise meeting the above criteria.

(e) "Combustible material" means any man-made flammable items, including, but not limited to, petroleum-based products, rubbish, recyclable materials, litter, junk, or discarded items, which can ignite and pose a fire hazard in a given environment.

(f) "Defensible Space Zones" are divided into three (3) areas, with the intensity of vegetation management increasing as the distance to the home decreases. The zones identified by this chapter are as follows:

(1) Zone 0: Ember-Resistant Zone (0 to 5 feet from buildings, including decks);

(2) Zone 1: Lean, Clean, and Green Zone (5 to 30 feet from buildings); and

(3) Zone 2: Reduced Fuel Zone (30 to 100 feet from buildings).

(g) "Discing" means tilling the soil so as to turn under or remove vegetation by mechanical or hand operated methods including, but not limited to, tractor drawn soil tilling equipment, self-propelled rototilling equipment or hand hoeing.

(h) "Enforcement Official" means any individual employed by the County of Butte who is tasked with ensuring compliance with the provisions of this chapter, including, but not limited to, personnel from the Fire Department and/or the Department of Development Services.

(i) "Firebreak" means a continuous area of land where hazardous vegetation and combustible materials are removed and maintained in accordance with the requirements of this chapter, Public Resources Code section 4291, and the fuel separation or continuous tree canopy guidelines contained in the Board of Forestry and Fire Protection's General Guidelines for Creating Defensible Space.

(j) "Fire hazard" means that condition which exists when weeds, grass, rank growths, or brush grow or accumulate upon a parcel and create, or when dry will create, a medium for the rapid spread of fire.

(k) "Fire Chief" means the Fire Chief of the County of Butte or his or her designees.

(l) "Grass" means any herbaceous plant, cultivated or not, which will attain, when mature, such a height as to be a medium for the rapid spread of fire.

(m) "Hazardous Vegetation" means any vegetation that is flammable, or will become so during dry climate conditions, and endangers the public safety by creating a fire hazard, including, but not limited to, seasonal and recurrent weeds, dead trees or vegetation, stubble, brush, and/or dry leaves.

(n) "Legal parcel" or "parcel" means a parcel of real property that may be separately sold in compliance with the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), including an improved parcel, unimproved parcel, and urban parcel as further defined herein.

(1) "Improved parcel" means a parcel of land identified by an assessor's parcel number upon which a building is located.

(2) "Unimproved parcel" means a parcel of land identified by an assessor's parcel number upon which no building is located.

(o) "Mowing" means cutting or shredding weeds, grass and other vegetation by hand or mechanical methods.

(p) "Obstruction" means any material or object, including natural growing vegetation, which is placed or allowed to accumulate so as to interfere with fire suppression or the abatement of fire hazards.

(q) "Occupant" means an adult person or an entity having a possessory interest in a parcel, including a tenant, resident or other person or entity having possession, use or control of the parcel.

(r) "Owner" means an adult person or an entity having an ownership interest in a parcel, but does not include persons having only a security interest in a parcel.

(s) "Rank growth" means vegetation of any type, cultivated or not, which has attained or if allowed to mature will attain, a height and density to be a medium for the rapid spread of fire.

(t) "Significant Fire Hazard" means a situation where the accumulation of hazardous vegetation and/or combustible material has reached a level where, under dry conditions, there is a high likelihood of fire ignition and rapid spread, posing a considerable risk to life and property.

(u) "Urban parcel," whether improved or unimproved, means any of the following:

(1) Those parcels located in the unincorporated areas of the County that are inside the spheres of influence of the cities of Biggs, Chico, Gridley, Oroville and Paradise, as such spheres are established and amended from time to time by the Butte County Local Agency Formation Commission;

(2) Those parcels located in the unincorporated areas of the County that are outside of the spheres of influence referred to in section (r)(1) above, but within an approved subdivision that has lots six (6) acres in size or smaller, where fifty (50) percent or more of the lots within such subdivision have been developed and improved with residences;

(3) Those parcels located in the unincorporated areas of the County that are outside of the spheres of influence referred to in section (r)(1) above, and within the following geographical boundaries in the community of Palermo: North boundary of Ophir Road between Lincoln Boulevard and Upper Palermo Road, to the East boundary of Upper Palermo Road and Palermo Honcut Highway between Ophir Road and South Villa Avenue, to the South boundary of South Villa Avenue between Palermo Honcut Highway and Occidental Avenue, to the West boundary of Occidental Avenue and Wyman Avenue to the Oroville city limits; and

(4) Those parcels located in the unincorporated areas of the County that are outside the spheres of influence referred to in section (r)(1) above, and within the following geographical boundaries in the North Chico Specific Plan: North boundary of Rock Creek, North of Keefer Road, to the East boundary of Hicks Lane to the Chico city limit at the Chico Municipal Airport, to the South boundary of Sycamore Creek, to the West boundary of Highway 99.

(v) "Utility generator" means any device, or combination of devices, used to generate energy, including, but not limited to, gas, diesel, or propane generators, wind generators, solar powered generator arrays, and hydroelectric generators. Any battery or capacitor or similar storage bank is included in this definition.

(w) "Violator" means an owner, tenant, occupant, resident, or other person having possession, control, or any other ownership interest in, or the right of access to, the premises, excluding persons having only a security interest in the premises, who is responsible for, or suspected of, not satisfying the requirements specified in section 38A-6. There may be one (1) or more violators as to any particular parcel.

(x) "Weed" means any plant, whether herbaceous or woody and of whatever height, except a tree, which grows wild, and includes brush-type plants such as manzanita and poison oak.

(Ord. No. 4199, § 1, 2-9-21; Ord. No. 4264, § 1, 6-10-25)

(a) Any person that owns, leases, controls, operates, or maintains any parcel in the unincorporated area of Butte County shall create firebreaks where a fire hazard exists, to slow or stop the spread of fire.

(b) Maintaining a parcel that is not in compliance with the requirements set out in this chapter is hereby declared to be a public nuisance, which may be abated in accordance with this chapter.

(c) Maintaining a Fire Hazard. Maintaining a parcel that is not in compliance with the requirements set out in this chapter is hereby declared to be unlawful. The continued existence of such condition shall be deemed a separate and distinct offense for each and every day that such condition continues to exist. Any person who violates any provision of this chapter shall be guilty of an infraction punishable by:

(1) A fine, not exceeding one hundred dollars ($100.00), for a first violation;

(2) A fine, not exceeding two hundred dollars ($200.00), for a second violation of this chapter within any consecutive twelve (12) month period; and

(3) A fine, not exceeding five hundred dollars ($500.00), for each additional violation of this chapter within any consecutive twelve (12) month period.

(d) Misdemeanors. Violations of this chapter which may be otherwise charged and punishable as an infraction pursuant to subsection (c) may be charged and punishable as a misdemeanor if the violator has been convicted of three (3) or more violations of this chapter within the preceding twelve (12) months.

(e) Service of Citation. Service shall be complete at the time of personal service, one (1) day after posting and mailing the citation, or five (5) days after service by mail alone. The failure of any person to receive the citation shall not affect the validity of the citation or any other code enforcement actions or proceedings taken pursuant to this code. A citation shall be served on violators in one (1) or more of the following ways:

(1) By personal service, if the citation documents are placed near the responsible party and orally identified in a manner that can be reasonably heard and understood by the responsible party;

(2) By posting and mailing a copy of the citation, if the violation occurred on real property known to the enforcement officer to be owned, possessed, or controlled by the violator. The citation shall be physically posted on the real property in a location that is likely to be noticed by a person entering the property, including, without limitation, a front door, a gate, or a mailbox. The citation shall also be mailed by first-class mail, postage prepaid, to the address at which the citation was posted, or to any other mailing address of the violator that is known to the enforcement officer; or

(3) By mailing a copy of the citation to a mailing address of the responsible party that is known to the enforcement officer, if personal service or posting is impracticable.

(Ord. No. 4199, § 1, 2-9-21; Ord. No. 4264, § 1, 6-10-25)

(a) Any person that owns, leases, controls, operates, or maintains any parcel within the unincorporated area of the County shall satisfy the following requirements:

(1) Establish and maintain a firebreak within Zone 0 by adhering to the following requirements:

a. Maintain the area free of any combustible materials and hazardous vegetation. Combustible construction elements, including awnings, fences, decks, and gates may be allowed within this zone but are not recommended;

b. Only low-growing vegetation with high moisture content in its leaves and stems, making it less likely to ignite and spread fire is permitted. This vegetation must be maintained free of dead vegetative debris;

c. Remove flammable vegetation with characteristics such as high oil or resin content, dense foliage, or loose, papery bark, which make it more prone to ignition and fire spread;

d. Roofs, gutters, decks, porches, and stairways shall be kept free of any dead vegetative debris;

e. Maintain any tree adjacent to, or overhanging, any building free of dead and dying wood; and

f. Provide and maintain a screen over the outlet of every chimney or stovepipe that is attached to any fireplace, stove, or other device that burns any solid or liquid fuel. The screen shall be constructed of nonflammable material with openings not more than one-half (½) inch.

(2) Establish and maintain a firebreak within Zone 1 by adhering to the following requirements:

a. Remove the portion of any tree or shrub which extends within ten (10) feet of the outlet of any chimney or stovepipe; and

b. Remove all dead or dying vegetative growth and hazardous vegetation.

(3) Establish and maintain a firebreak within Zone 2 by adhering to the following requirements:

a. Weeds and dry grass shall be mowed to a height of four (4) inches or less; and

b. Loose surface litter, normally consisting of fallen leaves or needles, twigs, bark, mulch, cones, and small branches, shall be permitted to a depth of three (3) inches.

(4) Establish and maintain a firebreak within Zone 1 and Zone 2 by adhering to the following requirements:

a. Trees shall be pruned up to six (6) feet from the ground. For shorter height trees, pruning shall not exceed one-third (⅓) of the overall tree height;

b. Trees and shrubs shall be limited to small clusters of a few each to break up the continuity of the vegetation across the landscape;

c. Grass, brush, and small trees under mature tree canopies shall be removed to reduce vertical continuity; and

d. Trees and shrubs shall be kept free of dead wood and litter.

(5) Outbuildings less than one hundred-twenty (120) square feet in size and liquid propane gas storage tanks shall have a ten (10) foot firebreak or clearance to bare mineral soil and no flammable vegetation for an additional ten (10) feet around their exterior.

(6) Wood piles shall be completely covered in a fire-resistant material or relocated to Zone 2. All exposed woodpiles must have a minimum ten (10) foot clearance, down to bare mineral soil, in all directions.

(7) Clear hazardous vegetation on each side of a street or driveway for a horizontal distance of ten (10) feet from the edge of the travel way and a vertical height of fourteen (14) feet from the road surface. Annual grasses within ten (10) feet of a street or driveway shall be cut to four (4) inches or less above ground. All other vegetation shall be maintained in accordance with the fuel separation or continuous tree canopy guidelines contained in the Board of Forestry and Fire Protection's General Guidelines for Creating Defensible Space. This applies to public and private driveways and any public or private streets that border or bisect a parcel.

(8) A Firebreak for a distance of twenty (20) feet from the edge of all travel ways shall be required along any parcel adjacent to an identified wildfire evacuation route as determined by the Fire Chief.

(9) Firebreaks may be required adjacent to, and along, parcel boundary lines for a width of thirty (30) feet on any parcel when an accumulation of vegetation on said parcel creates a significant fire hazard to the adjacent parcel.

(10) Urban parcels as defined in section 38A-4 shall comply with all firebreak requirements specified in this section. In addition, the following requirements shall also be satisfied:

a. For unimproved urban parcels that are one and one-fourth (1.25) acre in size or smaller, firebreaks shall be required on the entire area of each parcel;

b. On unimproved urban parcels that are greater than one and one-fourth (1.25) acre in size, firebreaks shall be required adjacent to and along all parcel boundary lines for a minimum width of thirty (30) feet;

c. All utility generators, privately owned power poles, and petroleum-based products (gasoline, diesel, liquid propane, etc.) shall have a maintained firebreak of no less than ten (10) feet in all directions around, above, and below. The furthest measurement shall include any connections or ground contact points; and

d. Privately owned power poles and overhead distribution lines not owned or maintained by a utility company shall have a maintained ten (10) foot clearance around all conductors. Any dead, diseased, dying, damaged, or otherwise unhealthy tree, or limb of a tree, that may fall onto or contact conductors shall be mitigated as to eliminate any threat of failure to the conductor wires.

(b) Any parcel or any portion of a parcel, improved or unimproved, within Zone 1 or Zone 2, that is within one hundred (100) feet of any building on an adjacent parcel shall also comply with the requirements of this section to ensure that all such buildings have no less than one hundred (100) feet of defensible space.

(c) A person is not required under this chapter to manage fuels on land if that person does not have the legal right to manage those fuels, nor is a person required to enter upon or to alter property that is owned by any other person without the consent of the owner of the property.

(d) The Fire Chief may approve reduced firebreak requirements around buildings to mitigate erosion potential on steep slopes, to prevent destruction of unique wildlife habitat, endangered species and/or vernal pools, or for other environmental factors. Each special circumstance will be evaluated based on the facts of the situation. The Fire Chief is encouraged to coordinate with soil conservation, fish and wildlife, corps of engineers, water quality, or other agency representatives when abatement activities are required on properties where significant environmental considerations may arise.

(e) Shrubs may be retained within firebreaks, provided that:

(1) They are spaced at a distance equal to no less than three (3) times their widest diameter and are not less than fifteen (15) feet from other shrubs or buildings; and

(2) All shrubs are kept free of dead wood and litter.

(f) Trees may be retained within firebreaks provided that:

(1) All trees are kept free of dead wood and litter;

(2) All trees shall be trimmed of limbs to a minimum of six (6) feet from the ground or one-third (⅓) of their height from the ground, whichever is less; and

(3) Crowns of adjacent trees are not interlaced to constitute a medium for the rapid spread of fire.

(g) Firebreaks may include fire resistive vegetation, such as green lawns, ice plant, green ivy, and other plants approved by the Fire Chief as being fire resistive. Any fire resistive plants must be maintained in a state to resist the spread of fire.

(Ord. No. 4199, § 1, 2-9-21; Ord. No. 4264, § 1, 6-10-25)

(a) Whenever the Fire Chief determines that a fire hazard exists on a parcel, the Fire Chief may choose to notify the owner(s) and/or occupant(s) of the parcel by issuing a "Notice to Abate Fire Hazard," which provides a violator at least thirty (30) days to bring a property into compliance with the requirements of this chapter.

(b) If the owner(s) and/or occupant(s) fail to voluntarily comply with the Notice to Abate Fire Hazard, the Fire Chief may refer the matter to Butte County Code Enforcement.

(c) In all cases, the Fire Chief has the discretion to refer a parcel to Code Enforcement without first issuing a Notice to Abate Fire Hazard.

(d) In cases of noncompliance with either a Notice to Abate Fire Hazard or a 72-hour Notice to Abate issued pursuant to section 38A-8(a), the enforcement official may issue a citation to the violator(s) as provided by section 38A-5.

(e) In cases of noncompliance with either a Notice to Abate Fire Hazard or a 72-hour Notice to Abate, the enforcement official may also record a Notice of Noncompliance in accordance with the procedures established in Chapter 41 of this code.

(Ord. No. 4264, § 1, 6-10-25)

Editor's note— Ord. No. 4264, § 1, adopted June 10, 2025, repealed § 38A-7 and enacted a new § 38A-7 as set out herein. Former § 38A-7 pertained to the notice of existence of fire hazard and derived from Ord. No. 4199, § 1, adopted February 9, 2021.

(a) Whenever the Fire Chief informs Butte County Code Enforcement that a public nuisance (as defined in this Chapter) exists, a Code Enforcement Officer shall post a 72-hour notice to abate at the nearest accessible entry point to the property where the public nuisance exists, and mail a copy of the same to those persons shown on the latest county tax roll to be the owners of the parcel. The 72-hour notice to abate shall inform the owner and/or tenants of the basis for the violation; explain that if the violation is not corrected, the matter will be set for a nuisance abatement hearing; and explain that to prevent the accrual of additional costs and the potential award of an administrative penalty, the owner or tenant must contact the Code Enforcement Office and arrange a time for a Code Enforcement Officer or the Fire Chief to inspect the parcel, and confirm that the violation(s) have been corrected.

(b) If the nuisance continues to exist after the expiration of the seventy-two (72) hour period, a Code Enforcement Officer may set the matter for hearing by issuing a notice of nuisance abatement hearing. If the matter is set for hearing, the Code Enforcement Officer shall post the parcel upon which the public nuisance exists at the nearest accessible entry point to the parcel, and shall mail, with a proof of service, notices to those persons known to be in possession of the parcel, if any, and to persons shown on the latest county tax roll to be the owners of the parcel at least ten (10) days prior to the hearing. Both the mailed and posted notice shall be in substantially the following form:

NOTICE OF 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 Chapter 38A. The Butte County Fire Chief, in conjunction with the Department of Development Services, Code Enforcement Division, has determined that conditions exist on the above property which constitute a public nuisance and violate Butte County Code section(s) 38A-_______, as follows: _______. After hearing, if a violation is found to have existed at the time the Notice of Nuisance Abatement Hearing was posted on the property, the Administrative Costs incurred in prosecuting the 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, attorneys' fees, 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, the cost of securing expert and other witnesses, and any Administrative Penalties awarded by the Hearing Officer, may become a lien against the subject property, and the administrative and abatement costs and may also be assessed against the property in the same manner as taxes. If a 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 representatives that is sufficient to persuade the Hearing Officer that a public nuisance existed on your property at the time the Notice of Nuisance Abatement Hearing was posted, you will then have the burden of proving that no public nuisance existed 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 this Chapter. A copy of the Butte County Code Chapter 38A relating to Fire Prevention and Protection is available online at www.buttecounty.net 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 Fire Chief and/or Code 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, and that the County is entitled to recover its Administrative Costs, and any Administrative Penalty that the Hearing Officer deems warranted.

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, in addition to being able to recover its Administrative Costs and Penalties, you may be responsible for the actual costs of the abatement. In either circumstance, all Administrative and Abatement Costs may be specially assessed against your parcel by the Auditor-Controller's Office and added to your tax bill as a special assessment, and any Administrative Penalty may be recorded against your property as a judgment lien. 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 Chapter 38A, 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.

IN ORDER TO PREVENT THE ACCRUAL OF COSTS AND POTENTIAL ADMINISTRATIVE PENALTIES, YOU MUST CONTACT THE CODE ENFORCEMENT OFFICE, AND ARRANGE A TIME FOR A CODE ENFORCEMENT OFFICER TO INSPECT YOUR PROPERTY, AND CONFIRM THAT THE VIOLATION(S) HAVE BEEN CORRECTED.

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 FIRE CHIEF CONTENDS ARE IN VIOLATION OF THE BUTTE COUNTY CODE.

Dated: _______/_______/_______

BUTTE COUNTY DIRECTOR OF DEVELOPMENT SERVICES

By:_______

(c) 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.

(d) At the time and place set for the hearing, 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 Director of Development Services, or his or her designee, shall record the audio of the hearing, and provide a copy of the recording to the Hearing Officer following the conclusion of the hearing. The Hearing Officer 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.

(e) Within five (5) 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 nuisance abatement hearing was posted, the decision shall include a statement that the County is entitled to recover its administrative costs and any administrative penalty awarded by the Hearing Officer. If the Hearing Officer determines that the violation continues to exist, the decision 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 from the date the decision is placed in the mail. 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 parcel 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.

(f) The decision of the Hearing Officer shall be final and conclusive on the date the certified mail set forth in subsection (e) above, is deposited in the mail.

(g) (1)

Notwithstanding any other provisions of this code, if a final decision of the Hearing Officer finds that a violation exists and the public nuisance is not voluntarily abated within ten (10) days of said decision being placed in the mail by the Hearing Officer, the Fire Chief and/or the Director of Development Services, or his or her designee, may abate the public nuisance by removing the fire hazards from the property, 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, and any administrative penalties awarded by the Hearing Officer. The Fire Chief and the Director of Development Services, or his or her designee, shall keep an accounting of the abatement and administrative costs for each case. Upon completion of the abatement of the nuisance, whether by the Director of Development Services or his or her designee, or the owner or tenant, the Director of Development Services or his or her designee 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, as well as any administrative penalty. The bill shall also state that failure to pay the costs and penalty within fifteen (15) days from service of the bill may result in the recording of a lien and the placement of a special assessment against the property.

(2) If the County's costs and any administrative penalty are not paid within fifteen (15) days from service of the bill, the Director of Development Services shall render an itemized report and set the matter for hearing and consideration regarding the proposed lien and special assessment. The hearing shall be held before a Hearing Officer as detailed in subsection (c) above, and the report shall include the names and addresses of the owner of record and any persons known to be in possession of the property, and an itemized account of the County's abatement costs, administrative costs, and any administrative penalty. At least fifteen (15) days prior to said hearing, the Director of Development Services shall give notice, with an affidavit of service, of said hearing to all persons named in the report and shall post the 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 and special assessment. The notice shall also contain a statement that the Hearing Officer will hear and consider objections and protests to the proposed lien and special assessment at the designated time and place.

(h) At the time and place fixed in the notice, the Hearing Officer shall hear and consider the proposed lien and special assessment together with objections and protests thereto. At the conclusion of the hearing, the Hearing Officer may make such modifications and revisions to the proposed lien and special assessment as he or she deems just and may order that the proposed lien and special assessment be recorded by the Director of Development Services and specially assessed against the property by the Auditor-Controller's Office. The lien shall have the same force, priority and effect as a judgment lien and the special assessment shall have the same priority as other county taxes.

(i) The notice of lien shall, at a minimum, identify the record owner or possessor of the property, set forth the date upon which the decision of the Hearing Officer was issued, describe the real property subject to the lien, set forth the amount of the costs and penalties 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 any abatement and/or 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 Department of Development Services shall cause a supplemental notice of abatement lien to be recorded. The 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.

(j) The decision of the Hearing Officer may be recorded by the Director of Development Services. In the event of such recordation, and in the further event that the violation is corrected and all costs and any administrative penalty is paid, a notice of such correction shall be recorded. The Director of Development Services 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, administrative costs, and administrative penalty as defined in this chapter). In any action to foreclose on a lien issued pursuant to this chapter, the County shall be entitled to an award of attorney's fees.

(Ord. No. 4199, § 1, 2-9-21; Ord. No. 4250, § 1, 8-13-24; Ord. No. 4264, § 1, 6-10-25)

(a) In addition to any other remedies provided by County Code or State Law, in the event a parcel owner fails to bring a parcel into compliance after receiving a 72-hour notice, and the County is required to issue a notice of nuisance abatement hearing, the County representatives may request, and the Hearing Officer may award, an administrative civil penalty of up to one thousand dollars ($1,000.00).

(b) In determining whether the award of an administrative civil penalty is warranted, the County representatives may present evidence of, and the Hearing Officer shall consider, the nature, circumstances, and gravity of the violation(s), any prior history of violations, the degree of culpability of the owner and occupants, and the financial burden to the person(s) upon whom the penalty will be imposed.

(c) At the nuisance abatement hearing, the Hearing Officer shall determine the total amount of the administrative penalty, if any, and that amount shall be reflected in the decision and awarded to the County. The decision of the Hearing Officer shall be final and conclusive on the date the decision is deposited in the mail.

(d) Following the issuance of a Hearing Officer's decision, the Director of Development Services, or his or her designee, may compromise the amount of any administrative penalty imposed by the Hearing Officer. When determining whether to compromise any penalty amount, the Director, or his or her designee, shall take into consideration the diligence of the parcel owner in working to correct the nuisance conditions on the parcel and obtaining compliance with the requirements set forth in this chapter. The compromise shall be subject to any terms and conditions prescribed by the Director, or his or her designee, which may include, without limitation, a condition requiring that the subject legal property and all responsible parties remain free of any additional violations for a specified period of time. Any person accepting a compromise penalty hereunder shall be required to execute a compromise agreement in a form approved by County Counsel.

(Ord. No. 4199, § 1, 2-9-21; Ord. No. 4264, § 1, 6-10-25)

This chapter is cumulative to all other remedies now or hereafter available to abate or otherwise regulate or prevent public nuisances.

(a) The county may, in its discretion, abate a violation of this chapter by the prosecution of a civil action, including an action for injunctive relief, without first going through the administrative procedures set forth herein. 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 chapter, or requiring compliance with other terms.

(b) The county may also abate a violation of this chapter through the abatement process established by Government Code Section 25845.

(Ord. No. 4199, § 1, 2-9-21; Ord. No. 4264, § 1, 6-10-25)

Notwithstanding any other provision of this chapter, whenever the existence of fire hazards on a parcel constitutes an immediate threat to the public health or safety, and where the procedures set forth in section 38A-8 would not result in abatement of that nuisance within a short enough time period to avoid that threat, the Fire Chief may direct any officer or employee of the County to summarily abate the nuisance. The Fire Chief shall make reasonable efforts to notify the owners or occupants of the parcel, but the formal notice and hearing procedures set forth in this chapter shall not apply. No summary abatement shall occur prior to consultation with the Office of County Counsel. The county may nevertheless recover its costs for abating that nuisance in the manner set forth in this chapter.

(Ord. No. 4199, § 1, 2-9-21; Ord. No. 4264, § 1, 6-10-25)

Nothing in this chapter shall be construed as imposing on the Fire Chief, the Director of Development Services, Code Enforcement, or any employee, agent of contractor of the County of Butte, any duty to abate any Fire Hazards, nor to take any other action with regard to any non-compliance with the provisions of this chapter, and neither the County nor any Department Head or employee shall be held liable for failure to seek abatement of a fire hazard, nor for alleged failure to take any other action with regard to the provisions in this chapter.

(Ord. No. 4199, § 1, 2-9-21; Ord. No. 4264, § 1, 6-10-25)

All money collected for penalties for violations of this chapter and all money collected for recovery of costs of enforcement of this chapter shall be made available to the Departments, who are involved in the enforcement of this chapter.

(Ord. No. 4199, § 1, 2-9-21; Ord. No. 4264, § 1, 6-10-25)