Chapter 8.59 — REMOVAL OF FIRE DAMAGED DEBRIS FROM PRIVATE PROPERTY FOLLOWING THE

CAMP FIRE[6]

Editor's note— Ord. No. 590, §§ 1—13, adopted Dec. 10, 2019, amended Ch. 8.59 in its entirety to read as herein set out. Former Ch. 8.59, §§ 8-59.010—8.59.100, pertained to similar subject matter, and derived from Ord. No. 577, adopted Nov. 12, 2019.

[The] Urgency Ordinance [from which this chapter is derived] is adopted pursuant to California Government Code Section 36934 and shall take effect immediately upon its approval by at least a four-fifths (⅘) vote of the town council. The council finds that this chapter is necessary for the immediate preservation of the public peace, health and safety, based upon the following facts:

A.

Conditions of extreme peril to the safety of persons and property within the town were caused by the Camp Fire, commencing on the eighth day of November, 2018, at which time the town council was not in session.

B.

California Government Code Section 8630 et seq. empowers the director of emergency services to proclaim the existence of a local emergency when the town is affected or likely to be affected by a public calamity, subject to ratification by the town council at the earliest practicable time.

C.

On November 8, 2018, the director of emergency services of the town proclaimed the existence of a local emergency within the town due to the Camp Fire.

D.

On November 8, 2018, the acting governor of the State of California proclaimed a state of emergency for Butte County and on November 14, 2018, the governor issued Executive Order B-57-18 concerning the Camp Fire.

E.

On November 12, 2018, the President of the United States declared the existence of a major disaster in the State of California, providing assistance from many federal agencies, including the Federal Emergency Management Agency (FEMA).

F.

On November 13, 2018, the town council adopted resolution no. 18-42 ratifying the director of emergency services' proclamation of the existence of a local emergency in the town.

G.

The Camp Fire to date has consumed one hundred fifty-three thousand three hundred thirty-six (153,336) acres and has led to the destruction of thirteen thousand six hundred ninety-six (13,696) residences, damage to four hundred sixty-two (462) residences, the destruction of two hundred seventy-six (276) multiple family residences, the destruction of five hundred twenty-eight (528) commercial buildings, damage to one hundred two (102) commercial buildings, the destruction of four thousand two hundred ninety-three (4,293) other minor structures, and resulted in the evacuation of over fifty thousand (50,000) people. As a result, the Camp Fire has created an enormous amount of debris.

H.

The potential for widespread toxic exposures and threats to public health and the environment exists in the aftermath of a major wildfire disaster. Debris and ash from residential and commercial structure fires can contain hazardous substances and the health effects of hazardous substances releases after a wildfire are well-documented.

I.

The combustion of building materials such as siding, roofing tiles, and insulation can result in dangerous ash that contains asbestos, heavy metals and other hazardous materials. Household hazardous waste such as paint, gasoline, cleaning products, pesticides, compressed gas cylinders, and chemicals may have been stored in homes, garages, or sheds that may have also burned in the fire, also producing hazardous materials.

J.

Exposure to hazardous materials may lead to acute and chronic health effects and may cause long-term public health and environmental impacts. Uncontrolled hazardous materials and debris pose significant threats to public health through inhalation of dust particles and contamination of drinking water supplies. Improper handling can expose residents and workers to toxic materials, and improper transport and disposal of fire debris can spread hazardous substances throughout the community.

K.

Standards and removal procedures are needed immediately to protect the public health and environment, and to facilitate coordinated and effective mitigation of the risks to the public health and environment from the health hazards generated in the Camp Fire disaster.

L.

It is essential that this chapter become immediately effective to mitigate the harm that could be caused to the public health and safety and to the environment from the improper disturbance, removal and/or disposal of debris containing hazardous materials, and to facilitate the orderly response to the Camp Fire disaster.

(Ord. No. 590, § 1, 12-10-2019)

A.

"Director" shall mean the town manager.

B.

"OES program" shall mean the fire damage debris clearance program operated by the office of emergency services for the Camp Fire in conjunction with other state and federal agencies.

C.

"Alternative program" shall mean the requirements for inspections, clean up and disposal for property owners that opt out of or are ineligible for the OES program.

D.

"Private action" shall mean the removal of fire debris from private property damaged by the Camp Fire by persons not eligible for or opting out of the OES program.

E.

"Removal of fire debris" as used in this chapter includes all cleanup of fire debris from structures resulting from the Camp Fire, including 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.

F.

"Right of entry permit" means the debris removal right-of-entry permit (for providing debris removal on private property) approved by the California Office of Emergency Services for use in the cleanup after the Camp Fire.

G.

"Council" means the town council.

H.

"Temporary log storage yard (AKA: log deck)" means a site where piles of logs and other piles of vegetation removed from the Camp Fire affected area are temporarily stored and processed before transfer to trucks or rail. The logs and vegetation must be associated with the Camp Fire recovery effort, i.e., logs and vegetation that are burn-damaged or otherwise removed due to safety issues associated with the Camp Fire. Logs and wood waste originating from routine utility line maintenance shall not be stored at a temporary log storage yard. A temporary log storage yard shall not exist beyond the effective period. No structural fire 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 yard allow for the processing of

logs and vegetation (e.g., chipping, milling, etc.) but not the 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 such yard, but not residences other than the transitory use of a recreational vehicle authorized in conformance with Town of Paradise Interim Housing Ordinance No. 578.

(Ord. No. 590, § 2, 12-10-2019)

This chapter shall take effect immediately upon adoption and shall remain in effect until the cleanup of fire debris has been completed on all properties within the town damaged by the Camp Fire. Regardless of when the removal of fire debris has been completed, a temporary log storage yard, as well as any provisions within this chapter that relate to it, shall remain in effect until December 31, 2020, unless otherwise specified herein, subject to extension or modification by the town council.

(Ord. No. 590, § 3, 12-10-2019)

No fire debris from structures shall be removed from private property without a hazardous materials inspection conducted either by the U.S. Environmental Protection Agency or California Department of Toxic Substance Control through the California Office of Emergency Services' fire debris clearance program, or by an entity approved through the alternative program. This chapter shall apply to properties that contained a qualifying structure under the OES program. This chapter shall not apply to properties that only contained non-qualifying structures, including but not limited to sheds, canopies, carports, well houses, greenhouses, chicken coops or fencing. Whether fire debris derived from a qualifying or non-qualifying structure shall be determined by the director, or her designee, in consultation with CalOES.

(Ord. No. 590, § 4, 12-10-2019)

A.

Effect of the Right of Entry Permit. The right of entry permit shall function as the sole permit and authorization for participation in the OES program.

B.

Notwithstanding any contrary provision in Paradise Municipal Code, no town approvals or permits for fire debris removal are required for properties participating in the OES program, other than the right of entry agreement, which will be administered by the Butte County Department Environmental Health.

(Ord. No. 590, § 5, 12-10-2019)

A.

The Butte County Department of Environment Health shall adopt and administer the alternative program on behalf of the town. The county shall utilize the state and federal standards and cleanup goals of the OES program as the standards for the alternative program.

B.

For those persons who are not eligible for the OES program, or who opt out of the OES program, private action to remove fire debris from fire-damaged properties is prohibited unless and until a hazardous materials inspection has been performed and authorization from the director has been provided pursuant to the alternative program.

C.

The alternative program shall require an application that identifies the appropriate licensed contractors who will perform the work and the submission of plans that demonstrate that the standards established in the alternative program will be met. Work shall not begin until the Butte County Department of Environmental Health approves the application.

D.

Upon completion of the work described in the approved plans, the alternative program shall require an application for certification of successful completion of the work required by the alternative program. The alternative program will require that: (1) the debris 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.

(Ord. No. 590, § 6, 12-10-2019)

A.

Notwithstanding any other provision of the Paradise Municipal Code, during the duration of this urgency ordinance the director or his/her designee is empowered to grant a temporary use permit to authorize or conditionally authorize the following temporary land use within all zones except for the agricultural- residential, rural-residential, and town-residential zones when directly associated with fire debris removal programs:

General vehicle/equipment storage as defined in Paradise Municipal Code Section 17.04.500.

B.

The director or his/her designee may authorize such temporary storage use based on substantial evidence that:

The temporary storage use shall not adversely impact the public health, safety, or convenience or create undue traffic hazards or congestion.

The temporary storage use shall not adversely interfere with the permitted use of other land uses and activities on the site or in the general vicinity.

The temporary storage use shall be conducted in a manner compatible with the land uses in the general vicinity.

C.

The director may establish such additional conditions as necessary to ensure land use compatibility and to minimize potential negative impacts, including but not limited to hours and frequency of operation, temporary arrangements for parking and circulation, requirements for screening or enclosure, and guarantees for site restoration and cleanup following the temporary storage use.

(Ord. No. 590, § 7, 12-10-2019)

A.

Maximum Number of Sites. The number of temporary log storage yards shall be capped at a maximum of five for the incorporated area of the Town of Paradise.

B.

Zones Requiring a Temporary Use Permit. A temporary log storage yard shall be allowed subject to approval of a temporary use permit and compliance with the standards set forth below in the following zones:

Industrial Services (IS) Zone.

Community Commercial (CC) Zone.

Community Facility (CF) and Community Services (CS) Zones.

Agricultural Residential (AR), Rural Residential (RR), and Multiple Family (MF) Zones.

C.

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

Application for Temporary Use Permit. The property owner or the property owner's authorized agent shall obtain a temporary use permit for the effective period. Written consent of the property owner is required in all cases.

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 use 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 use permit.

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.

Parcel Size. The temporary log storage yard site shall be a minimum of five (5) acres in the IS, CC, CF, CS, AR, RR, and MF zones regardless of the actual area used for the temporary log storage yard. Adjacent parcels, in the same zoning district, 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.

Approved Access. Temporary log storage yards shall have access onto a public road. If the public road is a Town of Paradise road, the approach shall be made with an encroachment permit approved by the Town of Paradise Department of Public Works. If the public road is a California State highway, the approach shall be made with an approved encroachment permit issued by the California Department of Transportation (CalTrans) District 3 Office.

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 six (6) inch Class 2 aggregate base, a minimum width of twenty-five (25) feet, and shall be capable of supporting a seventy-five thousand (75,000) pound 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.

Property Line Setbacks and Defensible Space. All log piles and other piles shall be setback a minimum of one hundred (100) 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.

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 community development department 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.

Paradise 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 include working with and storing flammable materials in areas that have little to no water on-site and that are subject to fire. The town 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 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 or more serviceable chainsaws of three and one-half (3½) or more horsepower with a cutting bar twenty (20) inches in length or longer shall be immediately available within the operating area.

a.

Whenever a fire starts, a telephone call shall 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 use 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 chief or their designee.

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 on-site roads, driveways, and aisles as discussed above.

f.

All piles shall be monitored by a means approved by the fire chief 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 use 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.

h.

Cutting activities shall comply with California Fire Code Chapter 35.

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 portable toilet and one hand wash 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 shall meet the following requirements: if there are twenty- five (25) or more people per day consuming the water, the facility operator shall contact the Butte County Environmental Health Division for public water system permitting requirements and shall 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 Environmental Health Division of the Butte County Department of Public Health.

Town of Paradise Public Works Department Standards.

a.

Perimeter Stormwater Control. When a 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 California Water Quality Control Board's Construction General Permit 2009- 009-DWQ. All natural drainage that enters the project area shall leave the project area at its original horizontal and vertical alignment and with the same pre-improvement quantity. Implementation of erosion control 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/production/files/2015-10/documents/fact3-1.pdf) or are fully stabilized with erosion control measures are not required to install sediment control basins.

b.

Water Quality and Erosion Control. When submitting a application for a temporary log storage yard, any surface disturbance over one 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 acre or less, then along with an application for a temporary log storage yard, an erosion and sediment control plan (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. 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 California 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 shall be maintained by the parcel owner.

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 community development director to address:

a.

Mobile and stationary toxic air contaminants; and

b.

Fugitive dust and ash. Best practice measures shall comply with the Butte County 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 the disturbed area where possible. Stabilize disturbed area 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.

Storage or Processing of Debris Prohibited. The storage or processing of debris from the Camp Fire consolidated debris removal program at any temporary log storage yard, including the storage of trucks or equipment loaded with debris, is expressly prohibited.

Noise. Quiet hours shall be maintained from seven (7) p.m. to seven (7) a.m. seven days a week. During quiet hours, generators and heavy equipment shall not be operated and noise levels shall conform to Paradise Municipal Code Chapter 9.18, Noise Control. Outside of quiet hours, noise sources associated with temporary log storage yards shall be exempt from the requirements of Paradise Municipal Code Chapter 9.18, Noise Control.

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 Paradise Municipal Code Section 17.06.810, Lighting Fixtures.

Reclamation Required. The application for a temporary use 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 Community Development Director. There shall be no grading of the site without the prior approval of the Community Development Director, 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 community development director in order to render the site suitable for the use for which it was zoned.

Performance Guarantee. In approving a temporary use permit for a temporary log storage yard, the community development director shall require a performance guarantee as provided by Paradise Municipal Code Section 17.32.400 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 community development director. Lands shall be restored or reclaimed to the satisfaction of the community development director prior to release of the performance guarantee.

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.

Additional Requirements. The temporary use permit shall be subject to additional requirements from CAL- Fire, Town of Paradise 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.

D.

Notice. At least ten (10) days prior to issuance of a temporary use permit, pursuant to this section, the Paradise Community Development Department 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 temporary use permit number, as well as the name, phone number and email of a designated contact for concerns regarding the yard's operation. The temporary use permit shall be issued without a formal hearing, unless one is requested by either the applicant or other affected persons. 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 temporary use permit, to mitigate impacts to uses on surrounding properties. Unless otherwise appealed to the town council within ten (10) calendar days of the planning commission action, the decision of the planning commission shall be final.

E.

Violations, Enforcement, and Penalties.

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.

The community development director may initiate enforcement using any process set forth in the Paradise Municipal Code, including, but not limited to, code enforcement pursuant to Chapter 1.09 and nuisance abatement pursuant to Chapter 8.04, and may seek the imposition of costs and civil penalties pursuant to the Paradise Municipal Code. Nothing in this provision is intended to prevent alternative enforcement mechanisms.

If the Chapter 1.09 administrative code enforcement process is used, the penalties set forth in Section

general code enforcement context. The increased penalty is a fine of one thousand dollars ($1,000.00) for the violation and such violations shall also be a misdemeanor.

(Ord. No. 590, § 8, 12-10-2019)

Any issued town building permit to repair or reconstruct a fire damaged structure or private infrastructure shall be held in abeyance and not acted upon until fire debris cleanup is completed on the affected

property and completion is confirmed to the town building official, either through the OES program or through the alternative program.

(Ord. No. 590, § 9, 12-10-2019)

A.

The town may set deadlines for filing either an acceptable right of entry permit in the OES program or an acceptable application for the alternative program by resolution.

B.

Properties that have fire ash and debris from the Camp Fire and that have neither an approved right of entry permit for the OES program nor an approved application for the alternative program by the deadline set by the council may be declared a nuisance and health hazard and such property may be abated pursuant to this chapter.

C.

The town may set deadlines for the completion of work in the alternative program by resolution. Properties that have fire ash and debris from the Camp Fire after that deadline may be declared a nuisance and health hazard.

D.

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

E.

Enforcement and abatement.

General Enforcement Action. When the director determines that an activity is being performed in violation of this chapter, the director may initiate an enforcement action using the process set forth in the Paradise Municipal Code and may seek the imposition of costs and civil penalties pursuant to the Paradise Municipal 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.

Summary Abatement. Pursuant to the authority of Cal. Const., art. XI, Section 7; California Health and Safety Code Section 101040, California Government Code Section 38773, and the Paradise Municipal Code, if the director determines that a violation of this chapter has created an emergency condition which

seriously endangers the public health or safety, the town may abate the condition within the town. The costs shall be charged to the property owners(s) and the town may, at its option, recover the same in an administrative or civil action. Such charges shall be in addition to any penalty for a violation of this Ordinance.

a.

Pre-Abatement Notice. Unless emergency conditions preclude doing so, the director 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 director's order to the town council 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 appeal shall be heard by a town-appointed hearing officer regarding 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 director shall serve the property owner(s) with a post abatement notice that sets forth: (a) the actions taken by the town; (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 town'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 with the Butte County Recorder.

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 town shall schedule an administrative hearing on the matter and provide the appeal party with reasonable notice of the hearing. The hearing officer shall conduct an administrative hearing where each party shall have the opportunity to present evidence and the town 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.

(Ord. No. 590, § 10, 12-10-2019)

The town attorney is authorized to initiate judicial enforcement as to a violation of any provision of this chapter without further town council approval.

(Ord. No. 590, § 11, 12-10-2019)

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 chapter shall be cumulative and not exclusive.

(Ord. No. 590, § 12, 12-10-2019)

Adoption of this chapter is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to California Public Resources Code Section 21080(b)(3) regarding projects to maintain, repair, restore, or replace property or facilities damaged or destroyed as a result of a declared disaster and Section 21080(b)(4) regarding actions to mitigate or prevent an emergency, and CEQA Guidelines Section 15269(a) regarding maintaining, repairing, restoring, demolishing, or replacing property or facilities damaged or destroyed as a result of a disaster stricken area in which a state of emergency has been proclaimed by the governor pursuant to the California Emergency Services Act, commencing with Section 8550 of the California Government Code.

(Ord. No. 590, § 13, 12-10-2019)