Humboldt County Municipal Code Ch. 3 Prohibition

MERCHANTABLE FOREST PRODUCTS FROM COUNTY-OWNED LAND Sections: Findings. Definition. Prohibitions; Exceptions; Permits. Appeals. Revocation. Exceptions. Violations and Penalty. 263-1. Findings. Various individuals have expressed an interest in salvaging driftwood and other minor forest products which have washed up on land owned by the County. The Board wishes to permit such salvaging activities with a minimum of procedural obstacles. The Board finds that such driftwood and other minor forest products have no value in their natural condition and are surplus to the County’s needs. For these reasons, the Board finds that the provisions of §§ 25504, 25506 and 25507 of the Government Code, and §§ 245-6 of this Code, do not apply to the removal from County-owned land of minor forest products pursuant to the provisions of this chapter. (Ord. 1513, § 2, 3/2/1982; Ord. 2351, § 5, 12/6/2005) 263-2. Definition. (a) As used in this chapter, “minor forest products” means firewood, posts, shakeboards, shake and shingle bolts, or split products, which have been deposited on County-owned land by ocean, lake, river or creek waters, or which have been produced from a log or logs that have been deposited on County-owned land by ocean, lake, river or creek waters. However, “minor forest products” does not include any of the materials listed in the preceding sentence if such materials were cut or produced from logs that have a diameter of three feet (3') or more (excluding the roots and branches thereof) and a length of eight feet (8') or more. (b) As used in this chapter, “Director” means the Director of Public Works of the County of Humboldt and duly authorized employees of the County acting on behalf of the Director of Public Works. (Ord. 1513, § 2, 3/2/1982; Ord. 1651, § 1, 8/7/1984) 263-3. Prohibitions; Exceptions; Permits. (a) Except as provided in subsection (b) of this section, it shall be unlawful for any person, firm or corporation to remove from any County-owned land any logs, trees, lumber or other merchantable forest products which are growing on said land or which have been deposited thereon by ocean, lake, river or creek waters. (b) Any person, firm or corporation may remove minor forest products from County-owned land after securing a written permit to do so from the County of Humboldt. Application for such permit shall be made to the Department of Public Works of the County on a form prescribed by such department. Each permit issued by the Department of Public Works pursuant to the provisions of this section shall include the following information: (1) The name, address and phone number of the County and the signature of its authorized representative. (2) The name, address and signature of the permittee. (3) The amount, species and type of minor forest products which may be removed from County-owned land. (4) A description sufficient to identify the property from which the minor forest products are to be removed. (5) The date of issuance of the permit and the duration of the period of time within which minor forest products may be removed. (6) The conditions to which the permit is subject. (7) Such additional information as may be necessary to carry out the purposes of this chapter. (c) No permit issued pursuant to the provisions of this chapter shall be issued for a period of time in excess of twelve (12) months; provided, however, that an application for the issuance of a new permit may be made upon the expiration of a permit previously issued. (d) Each application for a permit pursuant to the provisions of this chapter shall be accompanied by a permit processing fee in an amount which shall be established by resolution, and no such permit shall be issued unless and until such fee has been paid. (Ord. 1513, § 2, 3/2/1982; Ord. 1651, § 2, 8/7/1984)

263-4. Appeals. Within seven (7) days after receipt of a written application for any permit provided for by this chapter, the Director shall issue the permit, refer the matter to the Board of Supervisors, or refuse the permit. The Director shall apprise the applicant of his action on the permit including his reasons for refusing any permit. Any person aggrieved by the determination of the Director shall have the right to appeal in writing to the Board of Supervisors within ten (10) days after the date of mailing of notice of refusal by the Director. The Board of Supervisors shall, subject to the rules and regulations adopted by the Board of Supervisors regarding the time for placing matters on its agenda, consider the application at its next regular meeting. The Board shall either sustain or overrule the appeal within thirty-five (35) days after the matter is first considered by the Board. (Ord. 1651, § 3, 8/7/1984) 263-5. Revocation. The Director shall have the authority to revoke a permit immediately upon his/her finding a violation of any rule or Code section or permit condition. The Director shall notify the permittee of the reasons for the revocation. A permittee whose permit has been revoked may appeal such revocation within the time and in the manner specified in § 263-4 of this chapter. (Ord. 1651, § 4, 8/7/1984) 263-6. Exceptions. The provisions of §§ 263-4 and 263-5 shall not apply to permits for removal of minor forest products from County property held or used by the County for park purposes. Appeals relating to the issuance or revocation of permits for the removal of minor forest products from County parks shall be processed as provided in §§ 271-2(b) and 271-2(f) of this Code. (Ord. 1651, § 5, 8/7/1984) 263-7. Violations and Penalty. Any person, firm or corporation convicted of violating the provisions of § 263-3 of this chapter shall be guilty of a misdemeanor. Each act in violation of § 263-3 of this chapter shall constitute a separate offense. (Ord. 1513, § 2, 3/ 2/1982)