Butte County Municipal Code § 41-1 Purpose

The following policies and procedures are adopted to implement a program of enforcement of Butte County's zoning, building, sanitation and other ordinances contained in the following chapters of this Code: Chapter 10, Highways and Streets; Chapter 11, Junk Dealers, Pawnbrokers and Secondhand Dealers; Chapter 13, Grading and Mining; Chapter 14, Motor Vehicles and Traffic; Chapter 19, Sewage Disposal; Chapter 23B, Water Wells; Chapter 24, Zoning; Chapter 26, Buildings; Chapter 26A, Underground Utility Districts; Chapter 28A, Mobilehome and Mobilehome Lot Standards; Chapter 28B, State Housing Law Requirements; Chapter 31, Solid Waste Collection, Management and Recycling; Chapter 32, Naming of Streets and Highways; Numbering Properties and Principal Buildings; Chapter 33, Groundwater Conservation; Chapter 37, Underground Hazardous Substance Storage Facilities; Chapter 41A, Noise Control; Chapter 50, Stormwater Ordinance; Chapter 53, Camp Fire Disaster Recovery; Chapter 54, North Complex Fire Recovery; and Chapter 56, Park Fire and Thompson Fire Recovery.

(Ord. No. 2704, § 1, 9-13-88; Ord. No. 2738, § 2, 3-7-89; Ord. No. 2774, § 3, 8-29-89; Ord. No. 3981, § 2, 3-11-08; Ord. No. 4053, § 2, 3-26-13; Ord. No. 4154, § 4, 1-29-19; Ord. No. 4186, § 3, 9-23-20; Ord. No. 4252, § 3, 9-26-24)

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Affected Department: Whichever of the following three (3) county departments has the responsibility to administer or enforce the applicable provisions of this Code: development services, health, or public works.

Code Enforcement Officer: Any person employed by the County of Butte and appointed to the position of code enforcement officer, as established by Butte County Ordinance Number 2652.

Contiguous Properties: Contiguous properties are any two (2) properties which share a mutual boundary. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad right-of-way.

Premises: The real property of the violator, including contiguous properties, and/or any buildings, structures or other improvements situated thereon or affixed thereto, where any violation of any of the provisions of the chapters specified in section 41-1 of this chapter has or is suspected to have occurred or is suspected to be occurring. The premises may include public property to which a violator has access.

Violator: An adult 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 suspected or alleged to have violated or to be in violation of any of the provisions of the chapters specified in section 41-1 of this chapter. There may be one (1) or more violators as to any particular premises.

(Ord. No. 2704, § 1, 9-13-88; Ord. No. 3001, § 17, 5-5-92)

(a) Responsibilities of affected departments. Notwithstanding any other provision of this code to the contrary, the affected county department shall be responsible for the initial identification of and contact with persons who are suspected to be in violation of any provisions of this code.

(b) Notices:

(1) The affected department may issue a written courtesy notice giving violators not less than thirty (30) days to voluntarily comply.

(2) In the event of noncompliance with the courtesy notice, the affected department shall issue a formal written warning notice to violators. Said notice shall expressly state:

a. The violator is in violation of such code section as is applicable;

b. The violation shall be corrected or abated by the violator by specified action;

c. Unless such violation is so corrected or abated within a specified time of not less than ten (10) days, said person will be issued a citation to appear in court for said violation and for failing to comply with said warning notice;

d. Upon conviction of said violation or of failing to comply with said warning notice, penalties shall be imposed and a notice of violation recorded in accordance with section 41-7;

e. The name and phone number of the departmental employee from whom further information may be obtained.

(3) Any courtesy or warning notice issued hereunder shall be personally served on the violators or mailed by first class mail in a sealed envelope with postage thereon fully prepaid and addressed to the violator at his or her last known address.

(c) Citations. Following the notice procedure specified in subsection (b) above, in those cases where the violation continues, a code enforcement officer may issue a citation pursuant to section 41-3(c).

(d) Exceptions: Notwithstanding the provisions of subsections (b)(1) and (2) above: (1) the head of the affected department or the division manager may, in his or her discretion, issue a formal written warning notice to a violator, in the same form specified in subsection (b)(2), even though no courtesy notice has been given pursuant to subsection (b)(1); or (2) a county code enforcement officer may immediately issue a citation, upon the request of the head of the affected department or the division manager, and when: there is reasonable basis to believe that the violation constitutes a threat to the health and safety of any person or persons, including that of the alleged violator, or to property; or the violator may not remain in the county or may otherwise be difficult to locate at a later time.

(e) Failure to comply with warning notice: It shall be an infraction for any violator to refuse or fail to comply with a warning notice issued to him or her pursuant to subsection (b)(2) above.

(f) Public Nuisance: Any violation that is continued in disregard of a warning notice issued pursuant to subsection (b)(2) above is hereby declared to be a public nuisance and may be abated in the manner prescribed by law.

(Ord. No. 2704, § 1, 9-13-88; Ord. No. 2774, § 4, 8-29-89; Ord. No. 3001, § 17, 5-5-92; Ord. No. 3034, § 1, 11-10-92; Ord. No. 3310, § 1, 12-17-96)

(a) Enforcement Duties: Each code enforcement officer shall have the duty to enforce the provisions of Chapters 10, 11, 13, 14, 19, 23B, 24, 26, 26A, 31, 32, 33, 37, 41, 41A, 50, 53, 54 and 56 of this Code.

(b) Right of Entry. Whenever necessary to enforce any of the provisions of said chapters, or whenever a code enforcement officer has reasonable cause to believe that there exists in or upon any premises any such violation which makes such premises unsafe, dangerous or hazardous, the code enforcement officer may enter such premises at all reasonable times to inspect the same or to perform any duty imposed upon the code enforcement officer by this chapter; provided, that if such premises be occupied, they shall first identify themselves as a Butte County Code Enforcement Officer and request entry; and if such premises be unoccupied, they shall first make a reasonable effort to locate the violator and request entry. If such entry is refused, the code enforcement officer shall have recourse to every remedy provided by law to secure entry.

(c) Issuance of Citations.

(1) Each code enforcement officer is hereby authorized to issue citations for violations of the provisions of the chapters of this Code which they have the duty to enforce. Upon referral of a matter by the affected department to the appropriate code enforcement officer, the code enforcement officer shall contact the alleged violator; and, unless the violation has then been abated, the code enforcement officer shall issue a citation to the violator.

(2) Prior to issuance of a citation, the code enforcement officer shall identify themselves as a county code enforcement officer. The code enforcement officer shall then request the alleged violator, and the alleged violator shall be required, to present their driver's license or other satisfactory evidence of their identity for examination.

(3) The citation shall state a time and date and place at which the alleged violator shall appear in court to answer the charges stated in the citation. The appearance date shall be at least ten (10) days after the date of the citation.

(Ord. No. 2704, § 1, 9-13-88; Ord. No. 3981, § 3, 3-11-08; Ord. No. 4053, § 3, 3-26-13; Ord. No. 4154, § 4, 1-29-19; Ord. No. 4186, § 4, 9-23-20; Ord. No. 4252, § 4, 9-26-24)

The code enforcement officer shall not take or attempt to take anyone into custody for refusing to present satisfactory evidence of his or her identity or refusing to sign a citation. In such cases, the code enforcement officer may file the citation with the appropriate court as a complaint pursuant to Penal Code section 853.9(b), may request the assistance of the sheriff's department, or other law enforcement agency which has jurisdiction, or may request the district attorney to prepare and file a complaint with the appropriate court.

(Ord. No. 2704, § 1, 9-13-88)

(a) Violations Charged and Punished as Infractions: Notwithstanding any provision of this Code to the contrary in Chapters 10, 11, 13, 14, 19, 23B, 24, 26, 26A, 28A, 28B, 31, with the exception of Section 31-63 of Article VII of Chapter 31, 32, 33, 37, 41, 41A, 50, 53, 54 and 56, whenever any provision in any of such chapters provides that any act is prohibited or made or declared to be unlawful or a misdemeanor or an infraction, or requires the doing of any act or declares the failure to do any act unlawful or a misdemeanor or an infraction, the violation of such provision may be charged as an infraction punishable by imposition of the following fines:

(1) Upon a first conviction, a fine of one hundred dollars ($100.00);

(2) Upon a second conviction of violating the same chapter of this Code within the twelve (12) month period immediately preceding the commission of the current violation, a fine of two hundred dollars ($200.00);

(3) Upon a third conviction of violating the same chapter of this Code within a twelve (12) month period immediately preceding the commission of the current violation, a fine of five hundred dollars ($500.00).

(b) Each Day a Separate Offense. Each and every day or portion thereof that a person violates or continues to violate any such provision of any of such chapters constitutes a separate offense and may be charged and punished separately without awaiting conviction of any prior violation.

(c) Misdemeanors. Any violation which may be otherwise charged and punishable as an infraction pursuant to subsection (a) of this section may be charged and punishable as a misdemeanor if the defendant has been convicted of three (3) or more violations of the same chapter of this Code within the twelve (12) month period immediately.

(Ord. No. 2704, § 1, 9-13-88; Ord. No. 2774, § 5, 8-29-89; Ord. No. 3925, § 3, 2-14-06; Ord. No. 3981, § 4, 3-11-08; Ord. No. 4053, § 4, 3-26-13; Ord. No. 4158, § 9, 2-26-19; Ord. No. 4186, § 5, 9-23-20; Ord. No. 4252, § 5, 9-26-24)

Cross reference—General penalty, § 1-7.

Any judgment of conviction which imposes a fine shall become a money judgment, as provided by Penal Code section 1214. It shall be the responsibility of the code enforcement officer to determine if the fine imposed has been paid. In any case where the fine remains unpaid for more than thirty (30) days, a code enforcement officer shall record an abstract of the judgment in the office of the county recorder, as provided by Code of Civil Procedure sections 674 and 697.310. Upon notice of payment of such a judgment, the code enforcement officer shall file and serve an acknowledgment of satisfaction of judgment, as provided by Code of Civil Procedure sections 724.030 and 724.040.

(Ord. No. 2704, § 1, 9-13-88)

(a) Warning of Noncompliance. If the affected department so elects, it may, instead of, or in addition to, proceeding pursuant to section 41-2(b) through (e) above, issue a written warning of noncompliance.

(b) Content of Warning. The warning of noncompliance shall state:

(1) There is a noncompliance with a specified code section(s) on the identified property;

(2) Unless such noncompliance is corrected or abated within a specified time of not less than twenty (20) days, a notice of noncompliance will be recorded in accordance with this section;

(3) If a notice of noncompliance is recorded, a notice of compliance may subsequently be recorded after the noncompliance has been corrected or abated pursuant to subsection (k) of this section, upon payment of the required fee;

(4) If a notice of noncompliance is recorded, county permits, licenses or other entitlements involving the premises shall not be issued or approved, except as necessary to correct or abate the noncompliance, pursuant to section 41-10 of this chapter;

(5) The owner(s) may request an administrative hearing prior to recordation of a notice of noncompliance pursuant to subsection (d) below;

(6) The name and phone number of the departmental employee from whom further information may be obtained.

(c) Service. Any warning notice of noncompliance issued hereunder shall be personally served on the owner(s) or mailed by first class mail in a sealed envelope with postage thereon fully prepaid and addressed to the owner(s) at his or her last known address.

(d) Request for hearing. The owner(s) may request an administrative hearing prior to recordation of a notice of noncompliance by mailing or delivering a written request therefor to the director of development services. Such request must be identified as a request for administrative hearing re-warning of noncompliance, must include the assessor parcel number of the parcel affected, and must be received within twenty (20) days from the date of personal service or mailing of the warning of noncompliance. If a request for administrative hearing is timely received, no notice of noncompliance shall be recorded unless and until so ordered by the Hearing Officer after conclusion of the hearing.

(e) Failure to Request Hearing. If no request for administrative hearing is received within said twenty (20) day period, a notice of noncompliance may be recorded by the affected department.

(f) Appeals; Setting and Holding Hearing. Appeals 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. Upon receipt of a request for administrative hearing, the director of development services shall: notify the Hearing Officer; set a date and time for the hearing to be held; and, not less than twenty (20) days prior to the hearing, notify the owner(s) and the affected department of the time, date, and place of the hearing. Such hearing shall be held within a reasonable time.

(g) Hearing Procedure; Order. At the hearing, the parties may be represented by counsel and may present pertinent evidence and argument. The technical rules of evidence shall not be applicable to the hearing. The decisions and orders of the Hearing Officer must be based upon a preponderance of the evidence. If the Hearing Officer determines that there is a noncompliance with the Butte County Code as alleged in the warning of noncompliance, the Hearing Officer shall order that a notice of noncompliance be recorded by the affected department within ten (10) days from the date of decision. If the Hearing Officer determines that there is no such violation, the Hearing Officer shall order that no notice of noncompliance be recorded. The Hearing Officer is not authorized to make any other orders. The Hearing Officer shall issue his or her decision in writing, within ten (10) days from the conclusion of the hearing, based solely upon the evidence in the hearing record. The decision of the Hearing Officer shall be final.

(h) Content of notice of noncompliance. If a notice of noncompliance is recorded pursuant to subsection (e) or (g) above, such notice shall include the following information, as applicable: the assessor parcel number of the premises; the legal description of the premises; a description of the noncompliance; the action necessary to correct or abate the noncompliance; the date of the noncompliance; the date of the personal service or mailing of the warning notice of noncompliance; notice that county permits, licenses or other entitlements involving the premises shall not be issued or approved, except as necessary to correct or abate the noncompliance, pursuant to section 41-10 of this chapter; and the date of issuance of the decision of the Hearing Officer.

(i) Procedure Supplementary to Other Remedies. The remedy of recording a notice of noncompliance is supplementary and complementary to all other remedies in law or equity.

(j) Public Nuisance. Any noncompliance that continues after recordation of a notice of noncompliance pursuant to this section is hereby declared to be a public nuisance and may be abated in the manner prescribed by law.

(k) Notice of Compliance. Upon all work to correct or abate the noncompliance being completed by the owner(s) and approved by the affected department and payment by or on behalf of the owner(s) to the County of Butte of the amount set forth in section 41-9 of this chapter to defray the county's costs of recording the notice of noncompliance, conducting follow-up inspections and recording a notice of compliance pursuant to this subsection, the affected department shall submit a notice of compliance to the county recorder for recordation. Said notice of compliance shall reference the related notice of noncompliance recorded pursuant to subsection (e) or (g) above.

(Ord. No. 3310, § 2, 12-17-96; Ord. No. 3944, § 5, 11-21-06)

If the violation of a provision of any of the chapters of this Code listed in section 41-1 continues to exist on or after the date of any violator's conviction of violating said provision, the code enforcement officer shall submit a notice of violation to the county recorder for recordation. Said notice shall include a description of the premises, a description of the violation, the action necessary to abate the violation, the date of conviction for said violation, the court that entered the judgment of conviction and the case number.

(Ord. No. 2704, § 1, 9-13-88)

Following the conviction of any violator in court, a code enforcement officer shall make such follow-up inspections as necessary to determine that the violation has been abated and may issue such additional citations as are necessary to gain compliance with the applicable provisions of this Code.

(Ord. No. 2704, § 1, 9-13-88)

Upon all work to abate the violation being completed and approved by the affected department, payment of all fines imposed as to said violation pursuant to section 41-5(a) and payment by or on behalf of the violator of a fee of three hundred dollars ($300.00) to the County of Butte to defray its cost of recording a notice of violation pursuant to section 41-7, conducting follow-up inspections pursuant to section 41-8 and recording a notice of compliance pursuant to this section, the code enforcement officer shall submit a notice of compliance to the county recorder for recordation. Said notice of compliance shall refer to the related notice of violation recorded pursuant to section 41-7.

(Ord. No. 2704, § 1, 9-13-88)

(a) Refusal to Issue: Upon recordation of a notice of noncompliance or a notice of violation, no department, commission, committee, officer or employee of the County of Butte shall issue or approve permits, licenses or other entitlements involving the property to which the noncompliance or violation pertains.

(b) Exception: Subsection (a) above shall not prevent the issuance of permits, licenses or other entitlements necessary to correct or abate the noncompliance or violation.

(c) Termination of Refusal to Issue: The refusal to issue pursuant to subsection (a) above shall terminate when a notice of compliance has been recorded as to any and all recorded notices of noncompliance or violation.

(d) Waiver: The director of the affected department may waive the provisions of this section regarding refusal to issue if he or she determines such waiver to be required to allow necessary or desirable remedial, protective or preventative work.

(Ord. No. 2704, § 1, 9-13-88; Ord. No. 3310, § 3, 12-17-96)

To the extent permitted by law, all fines levied and paid pursuant to section 41-5 and all fees paid pursuant to section 41-9 shall be deposited in the county treasury, fifty (50) percent to the development services enterprise fund and fifty (50) percent to the general fund.

(Ord. No. 2704, § 1, 9-13-88; Ord. No. 3001, § 18, 5-5-92)

No code enforcement officer shall carry any firearm in the performance of his or her duties.

(Ord. No. 2704, § 1, 9-13-88)

The form of the citations issued pursuant to this article shall be approved by the county counsel and the district attorney.

(Ord. No. 2704, § 1, 9-13-88)

Nothing in this chapter shall prevent the appropriate authorities of the County of Butte from pursuing any civil, criminal or administrative remedy deemed necessary or appropriate to gain compliance with the applicable provisions of this Code. The provisions of this chapter are to be supplementary and complementary to all of the provisions of this Code, state law, and any law cognizable at common law or in equity; and nothing herein shall be read, interpreted or construed in any manner so as to bar or limit the county from seeking any remedy to which it may otherwise be entitled.

(Ord. No. 2704, § 1, 9-13-88)