Butte County Municipal Code Art. I Findings and Title

This Urgency Ordinance is adopted pursuant to California Government Code Sections 25123(d) and 25131 and shall take effect immediately upon its approval by at least a four-fifths vote of the Board of Supervisors. The Board, in consultation with the Local Health Officer, finds that this Ordinance is necessary for the immediate preservation of the public peace, health and safety, based upon the following facts:

A. Previously, the Board of Supervisors approved findings associated with urgency ordinances relating to Chapter 54 of the Butte County Code, including Ordinance Nos. 4186, 4188, 4190, 4195 and 4200. The findings supporting these ordinances are incorporated into this urgency ordinance by reference.

B. On August 17, 2020, lightning strikes sparked the Bear Fire and the Claremont Fire, both in Plumas County. Conditions of extreme peril to the safety of persons and property within the County of Butte were caused by wildfire known as the North Complex Fire when the Bear and Claremont Fires merged and progressed into the County of Butte on the 8th day of September, 2020, at which time the Board of Supervisors was not in session.

C. 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.

D. On September 9, 2020, the Assistant Chief Administrative Officer of the County of Butte proclaimed the existence of a local emergency within the county due to the North Complex Fire.

E. On August 18, 2020, the Governor of the State of California proclaimed a State of Emergency for multiple fires caused by lightning strike, including what would grow into the North Complex Fire pursuant to the California Emergency Services Act, commencing with Section 8550 of the Government Code.

F. On August 22, 2020, the President of the United States approved a disaster declaration for the State of California relating to the wildfires, providing assistance from many federal agencies, including FEMA;

G. On September 11, 2020, Dr. Robert Bernstein, the County of Butte's Local Health Officer, issued a Declaration of Health Emergency pursuant to California Health and Safety Code section 101080.

H. On September 14, 2020, Dr. Bernstein issued a Hazard Advisory strongly suggesting residents should not reside on property with qualifying structures damaged or destroyed by the North Complex Fire until the property had been cleared of hazardous waste, ash and debris and certified clean by the Department of Public Health, Environmental Health Division.

I. On September 15, 2020, the Board of Supervisors adopted Resolution No. 20-111 ratifying the Assistant Chief Administrative Officer's proclamation of the existence of a local emergency in the County of Butte.

J. On September 15, 2020, the Board of Supervisors ratified Dr. Bernstein's Declaration of a Local Health Emergency.

K. As of October 10, 2023, the status of the North Complex Fire area is as follows: (1) Phase I hazardous household waste cleanup is complete, (2) Phase II structural ash and debris cleanup is complete, (3) Hazard Tree removal from eligible parcels and/or roads is complete, (4) the County plans to record liens on abated parcels upon receipt of abatement costs from the state, (5) utilities and public services are available, (6) numerous businesses have opened to serve the public, (7) inside the North Complex Fire area, the Department of Development Services has received one hundred eleven (111) building permit applications, issued eighty-eight (88) building permits and finaled for occupancy fifty (50) permits for North Complex Fire survivors, (8) outside the North Complex Fire area, the Department of Development Services has received zero (0) building permit applications, issued zero (0) building permits and finaled for occupancy zero (0) permits for North Complex Fire survivors. Current threats to recovery include numerous obstacles to rebuilding the North Complex Fire area, including (1) a lack of available housing, (2) a lack of availability of homeowner's insurance for residents, (3) increased costs of labor and materials, (4) an economic downturn and inflation, all of which contribute to residents being unable to rebuild their homes. Many North Complex Fire survivors continue to live on parcels in RVs while awaiting resolution of the foregoing. The Board of Supervisors finds it is necessary to extend the transitory housing measures until June 30, 2024 and the temporary housing measures until June 30, 2025.

L. The Board of Supervisors has the authority to take action to protect the health, safety and welfare of the residents of the County pursuant to its police powers granted by Article XI, Section 7 of the California Constitution, California Government Code Section 25123, California Health & Safety Code Section 101025 and Chapter 32A of the Butte County Code.

M. It is essential that this Urgency Ordinance become immediately effective to allow sufficient time and opportunities for the reconstruction of the area and to allow displaced residents to reinhabit the North Complex Fire area.

(Ord. No. 4186, § 1, 9-23-20; Ord. No. 4188, § 1, 9-29-20; Ord. No. 4190, § 1, 11-4-20; Ord. No. 4195, § 1, 1-12-21; Ord. No. 4200, § 1, 2-23-21; Ord. No. 4231, § 1, 10-10-23)

This Chapter shall be known and may be cited as the North Complex Fire Recovery Code.

(Ord. No. 4186, § 1, 9-23-20)