Butte County Municipal Code Art. II Mandatory Structural Debris and Hazard Tree Removal

This article establishes a mandatory fire debris removal requirement that sets forth the manner in which structural debris and hazard trees will be identified and removed. Structural debris and hazard trees must be removed for the immediate preservation of the public peace, health and safety.

(Ord. No. 4252, § 1, 9-26-24)

For purposes of this article, the following terms will have the following definitions:

"Alternative Program" means the requirements for inspections, clean up, and disposal of structural debris and/or hazard trees established by the County for property owners that elect not to participate in the State Program or whose properties are disqualified from the State Program.

"Application" or "Alternative Program Application" means the application adopted by the Director of Public Health for submission by property owners who elect not to participate in the State Program, or whose properties are disqualified from the State Program, and instead must remove fire debris at their own cost through the Alternative Program.

"Arborist" means an ISA Certified Arborist with a Tree Risk Assessment Qualification (TRAQ).

"Arborist's/Forester's Certification" means a written certification identifying hazard trees to be removed from a parcel participating in the Alternative Program. The certification shall be made and executed by an Arborist and/or Forester as defined in this section. The Arborist or Forester shall provide evidence of the required qualifications of this section.

"Board" means the Butte County Board of Supervisors.

"Cleanup Completion Certificate" or "Alternative Program Cleanup Completion Certification" means the form adopted by the Director of Public Health to certify that a property participating in the Alternative Program has been properly cleaned and the removal of hazardous waste, ash, and debris has been completed. Upon submission of a final report to Environmental Health, Environmental Health will issue this certification if the cleanup has met the Alternative Program standards.

"County" means the County of Butte.

"County Health Officer" means the Butte County Public Health Officer.

"Director of Development Services" means the Director of the Butte County Department of Development Services and/or their designee.

"Director of Public Health" means the Director of the Butte County Public Health Department and/or their designee.

"Eligible parcel(s)" means a parcel that is an improved public property.

"Eligible private property" means either (i) a non-commercial, privately owned property or parcel located within the Park Fire or Thompson Fire area where a qualifying structure or qualifying structures are present, or (ii) a non-commercial, privately owned property or parcel located within the Park Fire or Thompson Fire area where hazard tree(s) are present and pose a threat to public roads or other public infrastructure.

"Eligible road(s)" means a public road or right-of-way.

"Enforcement Officer" means the hazard tree Enforcement Officer or structural debris Enforcement Officer.

"Environmental health" means the Butte County Public Health Department, Environmental Health Division located at 202 Mira Loma Drive in Oroville, California.

"Fire debris" means structural debris and hazard trees.

"Forester" means a Registered Professional Forester, qualified pursuant to California Resources Code section 752, "Professional Forester."

"Hazard tree" means a wildfire-damaged tree that in the professional opinion of the Arborist and/or Forester:

A. Has been so severely damaged by the Park Fire or Thompson Fire that its structural integrity is compromised; and

B. Poses an imminent danger of falling onto work crews or obstructing their access to the debris clearance site, or of falling onto an eligible road or parcel.

"hazard tree Enforcement Officer" means the Chief Administrative Officer of the County or his/her designee(s). Such designee(s) may be a County employee(s) or third-party provider(s).

"Neal Road Recycling & Waste Facility" or "NRRWF" means the approximately 229-acre solid waste disposal and management facility located at 1023 Neal Road, in Paradise, California. "Phase I" means the household hazardous waste cleanup performed by the Department of Toxic Substances Control on certain properties impacted by the Park Fire or Thompson Fire, and includes Watershed Protection Mission.

"Phase II" means the fire debris cleanup work performed pursuant to the State Program and/or the Alternative Program.

"Private action" means the removal of fire debris from private property damaged by the Park Fire or Thompson Fire by persons electing not to participate in the State Program or whose properties are disqualified from the State Program, and who are participating in the Alternative Program.

"Qualifying structure" or "qualifying structures" means either (i) a fully destroyed, non-commercial structure of one hundred twenty (120) square feet or larger, (ii) several fully destroyed, non-commercial structures having a cumulative square footage of one hundred twenty (120) or larger, or (iii) a mobile home or travel trailer, being used for residential purposes at the time of the Park Fire or Thompson Fire, of one hundred twenty (120) square feet or larger.

"Removal of fire debris" means all cleanup of debris from structures and hazard trees resulting from the Park Fire and Thompson Fire, including removal, transport, and disposal of structural debris and hazard trees, but it does not include the removal of personal property from residential sites unless such removal of personal property involves cleanup and the removal of ash from the property.

"Right of Entry Permit" or "ROE" means the Right of Entry Permit for structural debris and/or hazard tree removal on an eligible private property under the State Consolidated Debris and hazard tree Removal Program, approved by the California Office of Emergency Services ("Cal OES") for use in the cleanup after the Park Fire and Thompson Fire.

"State Consolidated Debris and hazard tree Removal Program" or "State Program" means the fire debris cleanup program operated by the California Office of Emergency Services ("Cal OES") for the Park Fire and Thompson Fire area in conjunction with other State agencies, and involving the removal and disposal of structural debris and/or hazard trees on an eligible private property at no cost to the property owner.

"Structural debris" means the wildfire-generated debris resulting from the Park Fire or Thompson Fire, including, but not limited to, burned or partially burned structures of one hundred twenty (120) square feet or larger, ash, concrete, foundations, contaminated soil, vehicles, trailers, waste, or other debris from the property.

"Structural Debris Enforcement Officer" means the Butte County Director of Public Health and/or their designee.

"Temporary log storage yards" means sites (also known as log decks) where piles of logs and other piles of vegetation removed from the Park Fire or Thompson Fire affected area are temporarily stored and processed before transfer to trucks or rail. The logs and vegetation must be associated with the Park Fire or Thompson Fire recovery effort, i.e., logs and vegetation that are burn damaged or otherwise removed due to safety issues associated with the Park Fire or Thompson Fire. Logs and wood waste originating from routine utility line maintenance shall not be stored at temporary log storage yards. This definition and Section 56-20 do not apply to logs and/or vegetation harvested or cleared as part of a timber harvest plan or exemption under the Forest Practice Rule that are stored and/or processed on the property on which they were harvested or cleared. This definition and Section 56-20 only applies to logs and vegetation transported to another property. A temporary log storage yard shall not exist beyond the effective period. No structural debris or hazardous materials may be brought onto or stored in the yard including any that may have been deposited on logs or vegetation. Temporary log storage yards allow for the processing of logs and vegetation (e.g., chipping, milling, biochar production confined to an enclosed burner, etc.) with applicable Air Quality Management District permits, but not the open burning of logs and vegetation, and may include associated equipment repair, construction trailers, employee parking and portable bathroom facilities set up for use by the personnel assigned to the yard, but not residences other than the transitory use of a recreational vehicle for a temporary caretaker quarters in conformance with Section 56-34 of this Chapter.

"Watershed Protection Mission" means the placing of Emergency Protection Measures by the California Office of Emergency Services ("Cal OES") on certain properties impacted by the Park Fire or Thompsons Fire.

"Work Plan" or "Alternative Program Work Plan" means the guidelines adopted by the Director of Public Health for fire debris removal under the Alternative Program that property owners must submit to Environmental Health, for approval by the Director of Public Health, prior to commencing any fire debris removal, that provides for site protocols, identifies the appropriate licensed contractors who will perform the work, and demonstrates that the standards established in the Alternative Program will be met.

(Ord. No. 4252, § 1, 9-26-24; Ord. No. 4256, § 2, 12-10-24)

This article relating to fire debris removal shall take effect immediately upon adoption and shall remain in effect until the later of the cleanup of all fire debris on all fire damaged properties from the Park Fire or Thompson Fire, or the completion of all enforcement matter related to this Ordinance, if any. Regardless of when fire debris removal has been completed, Section 56-20 relating to temporary log storage yards, as well as any sections within this article that relate to it, shall remain in effect until July 31, 2027.

(Ord. No. 4252, § 1, 9-26-24)

Any removal of fire debris from private property damaged by the Park Fire or Thompson Fire is prohibited except pursuant to the requirements of the table below. For purposes of this section, the prohibition refers to the removal, transport, and disposal of fire debris, but it does not include the removal of personal property from residential sites unless such removal of personal property involves cleanup and the removal of ash from the property. Whether structural debris derives from a qualifying or non-qualifying structure(s) shall be determined by the structural debris Enforcement Officer.

For purposes of this article, the requirement to enter into the State Program or the Alternative Program, shall apply only to eligible private properties (i.e. those that contained qualifying structure(s) that was one hundred twenty (120) square feet or larger, single or cumulative). The requirement shall not apply to properties that only contained non-qualifying structures (i.e. structure(s) under one hundred twenty (120) square feet, single or cumulative), including, but not limited to, small sheds, canopies, carports, well houses, greenhouses, chicken coops or fencing. Whether fire debris is derived from a qualifying or non-qualifying structure shall be determined by the Director, or his or her designee, in consultation with Cal OES.

(Ord. No. 4252, § 1, 9-26-24)

A. Program and Cost. The State Program will remove and dispose of structural debris and/or hazard trees from an eligible private property at no out-of-pocket cost to the property owner. Rules established by the State Program will be set forth in guidelines provided by the Director of Public Health.

B. Participation and Right of Entry Permit. To elect to participate in the State Program, a property owner must complete and submit a Right of Entry Permit to the Right of Entry Processing Center, or Environmental Health. The Right of Entry Permit shall function as the sole permit and authorization for participation in the State Program, and shall include an assignment of any insurance proceeds covering the costs of the fire debris removal.

Notwithstanding any contrary provision in Butte County Code, no County approvals or permits for the removal of structural debris and/or hazard trees are required for properties participating in the State Program, other than the Right of Entry Permit.

C. Deadline and Extensions. The Board of Supervisors may establish an end date or deadline by which property owners must submit a Right of Entry Permit to the Right of Entry Processing Center or Environmental Health. The Board of Supervisors may extend this deadline as necessary and appropriate to facilitate the cleanup, avoid undue hardship, and to protect public health and safety, and to the extent any such extensions are approved by the State Program.

D. Non-Participation. If a property owner elects not to participate in the State Program or is disqualified from the State Program, and structural debris and/or hazard trees are present on their property, the property owner is required to participate in the Alternative Program and to remove such structural debris and/or hazard trees, at their own cost.

E. Remedies. If a property contains qualifying structural debris and the property owner does not participate in the State Program or the Alternative Program, the County shall enforce this article and charge the property owner with any administrative and abatement costs related to such enforcement as described below. If the property contains only hazard tree(s), the County may elect, at its sole discretion, whether or not to enforce this article and charge the property with any administrative and abatements costs related to such enforcement as described below.

F. Board Priorities. In implementing the State Program, it is the Board's preference to prioritize fire debris removal for the following properties: (i) properties where the property owners have submitted an application for a development permit; (ii) properties near areas that are a threat to the environment, such as near creeks or other bodies of water, including contamination of the watershed; and (iii) properties near roads, as determined by the Butte County Department of Public Works, that have severe damage, or the potential to suffer or accelerate damage, by the impact of heavy equipment and/or the approaching rainy season.

(Ord. No. 4252, § 1, 9-26-24)

• Owner's removal of structural debris and/or hazard trees through the alternative program.

A. Program and Costs. As an alternative to the State Program, the Alternative Program provides requirements for inspections, clean up, and disposal of structural debris and/or hazard trees, as established by the County, for property owners who elect not to participate in the State Program or who are disqualified from the State Program. The costs of the Alternative Program are paid by the property owner.

B. Administration. The Director of Public Health shall administratively adopt and administer the Alternative Program in the unincorporated areas of Butte County under the supervision of the Chief Administrative Officer, or his or her designee. The Director of Public Health shall utilize the wildfire debris and hazard free removal state standards and cleanup goals of the State Program, and incorporate additional requirements as necessary to address changes in conditions, needs, or technologies in order to effectively remove structural debris and/or hazard trees from the community. The Director of Public Health shall prepare, and update as necessary, procedures, guidelines, and requirements for the removal of structural debris and/or hazard trees, and make such procedures, guidelines, and requirements available to the public. The Director of Public Health shall also adopt an Alternative Program Application that discloses the appropriate licensed contractors and appropriate plans to meet the Alternative Program's procedures and requirements.

C. Participation. Property owners who elect not to participate in the State Program, or who are disqualified from the State Program, and structural debris and/or hazard trees are present on their property, are required to participate in the Alternative Program and to comply with the requirements of the Alternative Program. To participate in the Alternative Program, the property owner must submit to the Right of Entry Processing Center or Environmental Health, either (i) an Application and Work Plan (for properties containing structural debris, or both structural debris and hazard trees) or (ii) only an Application (for properties containing only hazard trees).

i. Application and Work Plan. For properties containing structural debris, or both structural debris and hazard trees, the owner must submit the Alternative Program Application and Work Plan to the Right of Entry Processing Center or Environmental Health, before any structural debris and/or hazard trees can be removed from the property. The Application and Work Plan must identify the appropriate licensed contractors who will perform the work and demonstrate that the standards established in the Alternative Program will be met. Work shall not begin until Environmental Health approves the Application and Work Plan, and performs a hazardous materials/waste inspection as well as an asbestos inspection, including testing and removal if asbestos is discovered. The County may rely upon the subject matter expertise of multiple departments in deciding whether to approve the application and work plan.

ii. Application. For properties containing only hazard trees, the owner must submit an Application, along with an Arborist/Forester's Certification that identifies the hazard trees to be removed their property, to the Right of Entry Processing Center or Environmental Health.

D. Deadline and Extensions. The Board of Supervisors may establish an end date or deadline by which property owners who are not participating in the State Program must submit an Alternative Program Application and/or Work Plan to the Right of Entry Processing Center or Environmental Health. The Board of Supervisors may extend deadlines under the Alternative Program as necessary and appropriate to facilitate the cleanup, avoid undue hardship, and to protect the public health and safety.

E. Work Completion Deadline. The Board of Supervisors shall establish an end date or deadline by which properties in the Alternative Program must be cleaned up.

i. Cleanup Completion Certificate (for properties containing structural debris, or both structural debris and hazard trees). Upon the completion of the work described in the approved Application and Work Plan, the property owner shall submit to Environmental Health a Final Report for review. The Alternative Program will require that: (1) the structural debris and/or hazard tree removal and clean-up work on the property meets or exceeds the standards set by the State of California for debris removal; and (2) the owner completely remove and dispose of the foundation, or submit a letter from a licensed civil or structural engineer certifying that the foundation is acceptable for rebuild. The letter shall certify structural reasons for the decision and include the process and procedure used to reach the conclusion. If the cleanup has met the Alternative Program standards, Environmental Health will a Cleanup Completion Certificate to the property owner. The decision as to whether the cleanup has met the Alternative Program standards is in the sole discretion of the Environmental Health.

ii. Self-Attestation Form (for properties containing only hazard trees). Upon the completion of the removal of hazard trees, the property owner shall submit to Environmental Health a Self-Attestation Form verifying that all hazard trees, as identified in the Arborist/Forester's Certification, have been removed from the property.

F. Temporary Retention of Felled hazard trees. Notwithstanding anything herein to the contrary, property owners may choose to temporarily retain and promptly utilize felled hazard trees which were standing on their property. This temporary retention and utilization by the owner shall be permitted only to the extent felled hazard trees and incidental foliage, slash, tree branches or limbs and chipped or mulched vegetation do not pose a risk of debris flows and flooding or constitute a fire hazard as prohibited by applicable law, including, but not limited to, California Public Resources Code Section 4291 et seq., Title 19 of the California Code of Regulations and Chapter 38A of the Butte County Code. Such requirements include but are not limited to the following:

i. In storing such hazard trees prior to utilization, an owner shall be required to:

i. Maintain a setback of no less than one hundred (100) feet from any inhabited building or structure;

ii. Maintain a setback of no less than thirty (30) feet from any uninhabited building or structure; and

iii. Maintain a setback around the parcel's property lines of no less than thirty (30) feet wide.

ii. If an owner utilizes felled hazard trees for wood chips, the owner shall be required to spread the wood chips to a depth of no greater than three (3) inches while maintaining a setback of no less than five (5) feet from any building or structure.

G. Public Nuisance. Properties that have structural debris from structures damaged or destroyed in the Park Fire or Thompson Fire, or hazard trees damaged or destroyed in the Park Fire or Thompson Fire that have not submitted an Application for the Alternative Program by the deadline established by the Board of Supervisors are hereby declared a public nuisance and health hazard and shall be subject to nuisance abatement pursuant to Section 56-17 of this Ordinance.

Further, any temporary retention and utilization of hazard trees that poses a risk of debris flows and flooding or constitute a fire hazard is hereby declared a public nuisance and health hazard, and may be abated using any available legal remedy. If the owner chooses to temporarily \ retain and utilize felled hazard trees, the owner is required to utilize such hazard trees prior to the Enforcement Officer's visit to the property to confirm compliance with the Alternative Program. For the purposes of this Section, any temporary retention and utilization of felled hazard trees by the property owner is not a Temporary Log Storage Yard (AKA: Log Deck) as described in Chapter 56. Owners may not receive felled trees from other properties.

H. Permit. Notwithstanding any contrary provision in Butte County Code, no county demolition permit shall be required for private debris removal work for which the Alternative Program has issued an approval to allow such work to proceed.

(Ord. No. 4252, § 1, 9-26-24)

No building permit from the County of Butte to demolish, repair, or reconstruct a structure or private infrastructure that has been damaged or destroyed by the Park Fire or Thompson Fire shall be issued until the structural debris and/or hazard tree cleanup is completed on the affected property in accordance with the State Program or Alternative Program.

Further, any previously issued County of Butte building permit to demolish, repair, or reconstruct a structure or private infrastructure that has been damaged or destroyed by the Park Fire or Thompson Fire shall be held in abeyance and not acted upon until the structural debris and/or hazard tree cleanup is completed on the affected property and completion is confirmed to the Director of Development Services, either through the State Program or the Alternative Program. Notwithstanding the foregoing, this section shall not apply to permits relating to (A) power, sewer or other utilities for temporary dwellings as provided for in this Chapter or (B) wells or septic systems through the Public Health Department, Environmental Health Division.

(Ord. No. 4252, § 1, 9-26-24)

A. Deadline for Participation. The Board of Supervisors may set a deadline for submitting an acceptable Right of Entry Permit for participation in the State Program or an Application for participation in the Alternative Program (as applicable), by resolution.

B. Public Nuisance. Properties that have fire debris from the Park Fire or Thompson Fire and that have not submitted an approved (1) Right of Entry Permit for the State Program, or (2) Application for the Alternative Program (as applicable) by the deadline (s) set by the Board are hereby declared a public nuisance and health hazard and such properties may be abated pursuant to this Chapter.

C. Deadline for Work Completion. The Board may set deadlines for the completion of work in the Alternative Program, by resolution. Properties that have fire debris from the Park Fire or Thompson Fire after the deadline set by the Board are hereby declared a public nuisance and health hazard and such properties may be abated pursuant to this Chapter.

D. Exigent Circumstances. The Board's intent is to facilitate orderly remediation of a large-scale disaster. Nothing in these deadlines shall limit the authority of the County to abate hazards more quickly where required by exigent circumstances. Nothing in this article or in these deadlines shall limit the authority of the Health Officer to require preventive measures as defined in California Health and Safety Code Section 101040.

E. Enforcement and Abatement.

(1) General Enforcement Action. When the Enforcement Officer determines that an activity is being performed in violation of this article, the Enforcement Officer may initiate an enforcement action using any process set forth in the Butte County Code and may seek the imposition of costs and civil penalties pursuant to the Butte County Code. Nothing in this provision is intended to prevent alternate enforcement mechanisms, including, but not limited to, health officer orders pursuant to California Health and Safety Code Section 101040.

(2) Summary Abatement. Pursuant to the authority of Cal. Const., art. XI, Section 7; California Health and Safety Code Section 101040, California Government Code Section 25845, and the Butte County Code, if the Enforcement Officer determines that a violation of this article has created an emergency condition which seriously endangers the public health or safety, the County may abate the condition within the unincorporated territory of the County of Butte. The costs shall be charged to the property owners(s) and the County may, at its option, recover the same in an administrative action as described below or a civil action. Such charges shall be in addition to any penalty for a violation of this article.

(a) Pre-Abatement Notice. Unless emergency conditions preclude doing so, the structural debris Enforcement Officer shall issue a Summary Abatement Notice and Order with reasonable notice. The Notice and Order shall be mailed to the property owner (s) as listed on the last equalized tax roll. A summary of the Notice and Order shall be posted in a conspicuous location on the property to be abated at least ten (10) calendar days prior to the summary abatement action.

(b) Appeal and Waiver. The property owner(s) or any person or entity having a legal interest in the property may submit a written appeal of the structural debris Enforcement Officer's Order to the Health Officer or his or her designee no later than ten (10) calendar days from the date of mailing of the Notice and Order. The written appeal shall state the basis for the appeal. The Health Officer or his/her designee shall review the appeal and shall issue a written decision (the "Decision") no later than ten (10) calendar days after receipt. The Decision shall uphold, rescind or modify the determination of the Notice and Order. The Decision on the appeal shall be final. Failure to appeal within the time prescribed shall constitute a waiver of the right to contest the summary abatement.

(c) Post Abatement Notice. After the summary abatement is completed, the structural debris Enforcement Officer shall serve the property owner (s) with a post abatement notice that sets forth: (a) the actions taken by the County; (b) the reasons for the actions; (c) a statement of the costs, expenses and attorney's fees, if any, of the abatement and notice of the County's intent to collect those costs; and (d) right to appeal the costs determination within ten (10) calendar days of the notice. If the property owner is responsible for any costs, expenses or attorney's fees, such costs shall become a lien against the property and a Notice of Abatement Lien may be recorded.

(d) Post Abatement Costs Appeal. If the property owner(s) or anyone with a legal interest in the property submits a timely costs appeal, the County shall schedule an administrative hearing on the matter and provide the appeal party with reasonable notice of the hearing. The hearing conducted 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. The hearing officer shall conduct an administrative hearing where each party shall have the opportunity to present evidence and the County shall have the obligation to establish that the costs, including expenses and attorney's fees, if any, incurred for the summary abatement were necessary by a preponderance of the evidence. After the hearing, the hearing officer shall issue a written decision and order that shall be served upon the appealing party within thirty (30) calendar days of the hearing unless extended by agreement of the parties.

(3) Abatement Costs and Administrative Costs. 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 costs 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.

(a) The term "Abatement Costs" means any costs or expenses reasonably related to the abatement of conditions which violate this article of the County Code, 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.

(b) The term "Administrative Costs," shall include 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, correspondence, warrants and hearing packets. The time expended by the Enforcement Officer and Auditor-Controller staff, to calculate the above costs and prepare itemized invoices, may also be recovered.

(4) Burden of Proof Public Nuisance. When an owner maintains a public nuisance on his or her property in violation of 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 the following:

(a) The property has structural debris and/or one (1) or more hazard trees on the property; and

(b) The property owner has not entered into or complied with the requirements of the State Program or the Alternative Program, as applicable.

(5) 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.

(6) 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.

(7) 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 Park Fire or Thompson Fire Debris 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 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:

NOTICE OF PARK FIRE OR THOMPSON FIRE DEBRIS 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(s) for the Structural Debris and/or 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 the hearing, if a violation is found to have existed at the time the Notice of Park Fire or Thompson Fire Debris 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.

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 Park Fire or Thompson Fire Debris 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 II of Butte County Code Chapter 56 relating to Mandatory Structural Debris and Hazard Tree Removal and related 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.

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 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 v ENFORCEMENT OFFICER TO INSPECT YOUR PROPERTY AND CONFIRM THAT THE VIOLATION(S) HAVE BEEN CORRECTED.

Dated: _________

COUNTY OF BUTTE

PARK FIRE/THOMPSON FIRE RECOVERY - STRUCTURAL DEBRIS/HAZARD TREE REMOVAL ENFORCEMENT OFFICER

By: ___________________________

Enclosure: Article II of Butte County Code Chapter 56

(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 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 (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 Park Fire or Thompson Fire Debris Nuisance Abatement Hearing was posted, the decision shall include a statement of the Abatement Costs 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 Park Fire or Thompson Fire Debris 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.

(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 Park Fire or Thompson Fire Debris 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 costs 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 costs and administrative costs. The bill shall also state that failure to pay the abatement costs and administrative costs 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.

If the County's abatement costs and administrative costs are not paid within fifteen (15) days from service of the bill, the Enforcement Officer shall render an itemized report and set the matter for hearing and consideration regarding the proposed lien and special assessment to recover costs. The hearing shall be held before a Hearing Officer as detailed in subsection (b) 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, 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 special assessment, and an itemized account of the County's Abatement Costs and Administrative Costs. At least fifteen (15) days prior to said hearing, the Enforcement Officer 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 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.

(g) At the time and place fixed in the notice, the Hearing Officer shall hear and consider the proposed lien and special assessment 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 Enforcement Officer 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.

(h) 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 Enforcement Officer, 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 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.

(i) The decision of the Hearing Officer 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 56-17(E)(3) 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 Code 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 56-17(E)(3) of this chapter).

(j) 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.

(Ord. No. 4252, § 1, 9-26-24)

The County Counsel is authorized to initiate judicial enforcement as to a violation of any provision of this article without further Board approval.

(Ord. No. 4252, § 1, 9-26-24)

The remedies identified are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided in this article shall be cumulative and not exclusive.

(Ord. No. 4252, § 1, 9-26-24)

A. Maximum Number of Sites. The number of temporary log storage yards shall be capped at a maximum of fifteen (15) for the unincorporated area of Butte County.

B. Allowed Zones.

(1) Natural Resources Zones. Timber Processing, as defined by the Butte County Zoning Ordinance is allowed by-right in the Timber Mountain (TM) and Timber Production (TPZ) zones. The provisions of this section do not apply to log storage yards as permitted in these zones.

(2) Industrial Zones. Timber processing, as defined by the Butte County Zoning Ordinance is allowed by-right in the Heavy Industrial (HI) zone, and with a conditional use permit in the General Industrial (GI) zone. The provisions of this section do not apply to log storage yards as permitted in these zones.

C. Zones Requiring an Administrative Permit. Temporary log storage yards are allowed subject to approval of a temporary administrative permit and compliance with the standards set forth below in the following zones:

(1) Agriculture (AG) Zones, limited to those Agricultural zones classified as Grazing or Other lands by the California Department of Conservation's Farmland Mapping Program. Parcels shall be located near State highways or truck haul routes that access the Park and Thompson Fires area and outside of urban or congested areas

(2) General Commercial (GC) Zone.

(3) The Neal Road Recycling, Energy, and Waste Facility Overlay Zone (-RW).

(4) Foothill Residential (FR), Rural Residential (RR), Planned Development (PD), and Public (P).

D. Standards. All temporary log storage yards shall meet the following standards:

(1) Application for Temporary Administrative Permit. The property owner or the property owner's authorized agent shall obtain a temporary administrative permit for the Effective Period. Written consent of the property owner is required in all cases.

(2) Site Plan Required. A detailed site plan meeting general architectural or engineering standards, legible and drawn to scale that shows all the proposed activities that will occur on-site, as well as the approximate location of each activity, shall be provided with the application for a temporary administrative permit. Partial site plans for a portion of a property may be submitted as long as a vicinity map for the entire property showing frontage streets, other uses and a cross reference of the area of the partial site plan is provided. All site plans shall show and label contours at maximum vertical intervals of five (5) feet; areas of proposed grading and fill; the width of access roads to and around parking, log piles and other piles, and buildings; and turnaround areas for fire and emergency services. Any change in the type of activity that will occur on-site or the location of any activity requires the owner or operator to apply for a new temporary administrative permit.

(3) Siting Criteria. To the extent practicable, temporary log storage yards shall be located on flat areas of the site that are already disturbed and in such a manner to decrease impacts to uses on surrounding properties.

(4) Parcel Size. The temporary log storage yard site shall be a minimum of five (5) acres in the GC zone, ten (10) acres in the FR, RR, PD, and P zones, and twenty (20) acres in other zones regardless of the actual area used for the temporary log storage yard. Adjacent parcels may be utilized to achieve this standard, provided each owner's consent is provided with the application. All parcels must be shown on the application, the site plan, and all property owners shall provide written permission.

(5) Approved Access. Temporary log storage yards shall have access onto a public road. If the public road is a County road, the approach shall be made with an encroachment permit approved by the Department of Public Works. If the public road is a State highway, the approach shall be made with an approved encroachment permit issued by the California Department of Transportation (CalTrans) District 3 Office. If the public road is accessed by a private road, there shall be an approved encroachment permit as required in the prior two (2) sentences where the private road connects to the public road, and there shall be an approved road maintenance agreement that allows for the proposed use along the private road.

(6) On-site Roads, Driveways and Aisles. Temporary log storage yards shall have on-site roads, driveways and aisles. On-site roads, driveways and aisles shall have a 6-inch Class 2 aggregate base, a minimum width of twenty-five (25) feet, and shall be capable of supporting a forty thousand (40,000) lb. load that will allow for ingress and egress of fire apparatus to within one hundred fifty (150) feet of all piles and structures, and shall have a vertical clearance of no less than fifteen (15) feet.

(7) Property Line Setbacks and Defensible Space. All log piles and other piles shall be setback a minimum of one hundred fifty (150) feet from all outside property lines and any permanent structures. There shall be an area of defensible space that is a minimum of one hundred fifty (150) feet wide around the perimeter of the temporary log storage area that shall not be graded but shall be kept clear of grass and vegetation to support fire protection by clearing, disking, grubbing, and/or scraping. CAL-FIRE shall have discretion to address unique circumstances.

(8) Biological Resources. Temporary log storage yards shall not be located on lands containing wetlands, and/or endangered and protected plants and animal species. A biological report shall be furnished to the Department of Development Services demonstrating that the site does not contain wetlands and/or endangered or protected plants and animal species. A temporary log storage yard shall not expand without providing a site plan and a biological report to cover the expanded area.

(9) Butte County Fire Department/CAL-Fire Standards. Temporary log storage yards and the associated activities performed with them pose the risk of fire if fire suppression measures are not taken. The activities involve working with and storing flammable materials in areas that have little to no on-site water and that are vulnerable to fire. Adequate water for fire suppression, in both quantity and configuration suitable for the fire hazard, may be required in consultation with the Fire Department. The County is setting the fire standards it believes are appropriate, but there are also State standards set out in California Fire Code Chapter 28 with respect to all log storage yards and incidental wood products stored there. Fire officials shall enforce the most stringent standards. Per California Public Resource Code, Section 4428, each site shall have a sealed box of tools that shall be located, within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain: one (1) backpack pump-type fire extinguisher filled with water, two (2) axes, two (2) McLeod fire tools, and a sufficient number of shovels so that each employee at the operation can be equipped to fight fire. In addition, one (1) or more serviceable chainsaws of three and one-half (3.5) or more horsepower with a cutting bar twenty (20) inches in length or longer shall be immediately available within the operating area.

a. When a fire starts, a telephone call must be made to 911 immediately to inform that there is a fire. The facility operator shall develop a plan for monitoring, controlling, and extinguishing fires. The plan shall be submitted with the application for the temporary administrative permit for review and approval by fire officials.

b. Smoking may only occur in designated locations shown on the site plan.

c. Log piles shall not exceed twenty (20) feet in height, three hundred (300) feet in width, and five hundred (500) feet in length. Log piles shall be stabilized by a means approved by the fire marshal.

d. Other piles made of incidental log related materials shall not exceed twenty (20) feet in height, one hundred fifty (150) feet in width, and two hundred fifty (250) feet in length.

e. All piles shall be separated from all other piles by one hundred (100) feet and shall include onsite roads, driveways, and aisles as discussed above.

f. All piles shall be monitored by a means approved by the fire marshal to measure temperatures. Internal pile temperatures shall be monitored and recorded weekly. A plan by the permittee for restricting and mitigating excessive temperatures shall be submitted with the application for the temporary administrative permit for review and approval by fire officials.

g. Regular inspections of the temporary log storage yard by trained fire personnel shall be allowed and facilitated by the facility operator.

(10) Butte County Public Health, Environmental Health Division Standards.

a. Depending on the activities performed on-site, the temporary log storage yard may be determined to be a solid waste facility. The facility operator must provide access to the facility and provide for review of the activities occurring at the facility to the Local Enforcement Agency, Butte County Environmental Health, to determine if there exists a requirement to register for a permit status as a solid waste facility in accordance with Title 14 of the California Code of Regulations.

b. For sanitation purposes there shall be a minimum of one (1) portable toilet and one (1) handwash station at the facility for employee use. The portable toilet shall be routinely serviced by a licensed service provider.

c. For water that is provided for human consumption, either from an on-site well or transported to the facility and held in a storage tank, the facility operator must meet the following requirements: if there are twenty-five (25) or more people/day consuming the water, the facility operator shall contact the Butte County Environmental Health Division for public water system permitting requirements and must operate in accordance with those requirements; if there are fewer than twenty-five (25) people/day consuming the water, the facility shall have the water tested for and be in compliance with minimum bacteriological standards as required by the Butte County Environmental Health Division. If bottled water is provided, there are no requirements for testing.

d. The storage of any hazardous material at or above State-defined thresholds shall require the approval of a Hazardous Material Business Plan by the Department of Public Health, Environmental Health Division.

(11) Butte County Public Works Department Standards.

a. Perimeter Stormwater Control. When the temporary log storage yard is prepared for operations or the soil is disturbed, improvements shall be designed and implemented such that water accumulating within the project will be carried away from the project without injury to any adjacent improvements, residential sites, or adjoining areas. The design shall be prepared by a Qualified Stormwater Developer who holds the certification required by the CA Water Quality Control Board's Construction General Permit 2009-009-DWQ and shall include an Erosion and Sediment Control Plan (ESCP). All natural drainage that enters the project area must leave the project area at its original horizontal and vertical alignment and with the same preimprovement quantity. Implementation of the ESCP within the project area and sediment control basins at drainage outlets shall conform with California Stormwater Quality Association (CASQA) design criteria. Sites that meet EPA's criteria for a Rainfall Erosivity Waiver https://www.epa.gov/sites/default/files/2015-10/documents/fact3-1.pdf) or are fully stabilized with erosion control measures are not required to install sediment control basins. ESCPs shall be reviewed by the Department of Public Works Land Development Division for conformance with the Construction General Permit.

b. Water Quality and Erosion Control. When submitting an application for a temporary log storage yard, any surface disturbance over one (1) acre in size shall require a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer and the submittal of a Notice of Intent to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit Order 2009-0009-DWQ as amended). If the area of disturbance is one (1) acre or less, then along with an application for a temporary log storage yard, an ESCP shall be developed by the facility operator, submitted for approval, and adhered to for erosion and sediment control. The ESCP shall contain a description detailing which Best Management Practices (BMP) will be used, how they will be used, and where they will be used in conformance with the California Stormwater Quality Association (CASQA) BMP Municipal Handbook and shall be reviewed by the Department of Public Works Land Development Division. The ESCP shall contain a description of temporary and permanent measures and include ingress/egress control measures and street sweeping. Plans shall be prepared by a Qualified Stormwater Developer who holds the certification required by the CA Water Quality Control Board's Construction General Permit 2009-009-DWQ. Upon completion of the project, all temporary sediment control measures shall be removed from the site. All permanent sediment control measures must be maintained by the parcel owner.

(12) Air Quality and Dust Control. All best practice measures to reduce impacts to air quality shall be incorporated by the project applicant, subject property owners, or third-party contractors during activities on the project site. A plan shall be provided to the satisfaction of the Director of Development Services to address:

a. Mobile and stationary toxic air contaminants; and

b. Fugitive dust and ash. Best practice measures shall comply with the Butte County;

c. Air Quality Management District's Rule 205—Fugitive Dust Requirements and shall include, but not be limited to, the following:

(1) Reduce the amount of disturbed area where possible. Stabilize disturbed are soils during use and at project completion.

(2) Apply water or a stabilizing agent in sufficient quantities to prevent the generation of visible dust plumes.

(3) Limit vehicle speeds to fifteen (15) miles per hour on any unpaved surfaces at the project site.

(4) Clean visible track-out onto adjacent paved roadways daily. Track-out shall not extend more than twenty-five (25) feet in cumulative length from the active project site.

(5) Post a sign in a prominent location visible to the public with the telephone numbers of the contractor and Air District for any questions or concerns about dust from the project.

(13) Storage or Processing of Debris Prohibited. The storage or processing of debris from the Park and Thompson Fires Consolidated Debris Removal Program at any temporary log storage yard, including the storage of trucks or equipment loaded with debris, is expressly prohibited.

(14) Noise. Quiet hours shall be maintained from 7:00 p.m. to 7:00 a.m. seven (7) days a week. During quiet hours, generators and heavy equipment shall not be operated and noise levels shall conform to Butte County Code Chapter 41A, Noise Control. Outside of quiet hours, noise sources associated with temporary log storage yards shall be exempt from the requirements of Butte County Code Chapter 41A, Noise Control.

(15) Outdoor Lighting. All outdoor lighting shall be located, adequately shielded, and directed such that no direct light falls outside the property line, or into the public right-of-way in accordance with the Butte County Zoning Ordinance, Article 14, Outdoor Lighting.

(16) Reclamation Required. The application for a temporary administrative permit for a temporary log storage yard shall be accompanied by a detailed plan for the restoration or reclamation of the subject property to the satisfaction of the Director of Development Services. There shall be no grading of the site without the prior approval of the Director of Development Services, but if grading is allowed, topsoil shall be conserved to be used for reclamation. At minimum, a plan for restoration or reclamation shall include:

a. Clearance of the site of all vehicles, equipment and materials utilized as part of the temporary log storage yard; and

b. Stabilization of the site, implementation of erosion control measures, and successful revegetation to the satisfaction of the Director of Development Services in order to render the site suitable for the use for which it was zoned, for example:

(1) Continued agricultural production in the case of lands zoned Agriculture (AG).

(17) Performance Guarantee. In approving a temporary administrative permit for a temporary log storage yard, the Director of Development Services shall require a performance guarantee as provided by Section 24-245 of the Butte County Code in the amount of two thousand dollars ($2,000.00) per acre of land disturbed in order to guarantee the proper completion of any approved work and to ensure that site reclamation is completed to the satisfaction of the Director of Development Services. Lands shall be restored or reclaimed to the satisfaction of the Director of Development Services prior to release of the performance guarantee.

(18) Electricity and Electrical Equipment. If new electricity connections are brought to the site, a building permit is required. Electrical wiring and equipment shall comply with the California Electrical Code.

(19) Additional Requirements. The temporary administrative permit may be subject to additional requirements from Butte County Fire, Butte County Public Works, the Butte County Air Quality Management District, the California Department of Transportation, the Butte County Public Health Department, and the State Regional Water Quality Control Board.

E. Notice. At least ten (10) days prior to issuance of a temporary administrative permit, pursuant to this section, the Butte County Department of Development Services shall provide a mailed notice to property owners within one thousand two hundred (1,200) feet of the property line of the subject parcel(s). The notice shall include all applicable standards and limitations placed upon the temporary log storage yard, the Butte County administrative permit number, as well as the name, phone number and email of a designated contact for concerns regarding the yard's operation. The temporary administrative permit shall be issued without a formal hearing, unless one is requested by either the applicant or one (1) or more property owner(s) within one thousand two hundred (1,200) feet of the property line of the subject parcels. If a hearing is requested, it shall be scheduled for the next available Planning Commission meeting and the Planning Commission shall hear the request. The Planning Commission may impose conditions and requirements in addition to the standards set forth above, or may deny the administrative permit, to mitigate impacts to uses on surrounding properties. Unless otherwise appealed, the decision of the Planning Commission shall be final.

F. Violations, Enforcement, and Penalties.

(1) A temporary log storage yard that is operating in violation of this section poses a health and safety hazard and is found to be a public nuisance.

(2) The Director of Development Services may initiate enforcement using any process set forth in the Butte County Code, including, but not limited to, Code Enforcement pursuant to Chapter 41 and Nuisance Abatement pursuant to Chapter 32A, and may seek the imposition of costs and civil penalties pursuant to the Butte County Code. Nothing in this provision is intended to prevent alternative enforcement mechanisms.

(3) If the Chapter 41 Code Enforcement process is used, the penalties set forth in section 41-5 are increased because the health and safety hazards to the public are greater than in the general code enforcement context. The increased penalties are a fine of one thousand dollars ($1,000.00) for the first conviction, a fine of three thousand dollars ($3,000.00) for the second conviction within a twelve (12) month period, and a fine of five thousand dollars ($5,000.00) for a third conviction, as well as all additional convictions, within a twelve (12) month period.

(Ord. No. 4252, § 1, 9-26-24; Ord. No. 4256, § 1, 12-10-24)