1 Urgency Ordinance No. 4200
2 AN URGENCY ORDINANCE OF THE COUNTY OF BUTTE AMENDING ARTICLE
3 II, OF CHAPTER 54, "NORTH COMPLEX FIRE RECOVERY" OF THE BUTTE
4 COUNTY CODE RELATING TO REBUILDING PERMITS, HAZARD TREE
5 REMOVAL AND NUISANCE ABATEMENT ENFORCEMENT
6 (4/5 VOTE REQUIRED)
7 The Board of Supervisors of the County of Butte ordains as follows:
8 Section !. Findings.
9 This Urgency Ordinance is adopted pursuant to California Government Code Sections 25123(d)
10 and 25131 and shall take effect immediately upon its approval by at least a four-fifths vote of the
11 Board of Supervisors. The Board, in consultation with the Local Health Officer, finds that this
12 Ordinance is necessary for the immediate preservation of the public peace, health and safety, based
13 upon the following facts:
14 A. On August 17, 2020, lightning strikes sparked the Bear Fire and the Claremont Fire, both
15 in Plumas County. Conditions of extreme peril to the safety of persons and property within
16 the County of Butte were caused by wildfire known as the North Complex Fire when the
17 Bear and Claremont Fires merged and progressed into the County of Butte on the 8th day
18 of September, 2020, at which time the Board of Supervisors was not in session. A map
19 depicting the North Complex Fire area is attached hereto as Exhibit A.
20 B. California Government Code Section 8630 empowers the County Administrator to
21 proclaim the existence of a local emergency when the county is affected or likely to be
22 affected by a public calamity, subject to ratification by the Board of Supervisors at the
23 earliest practicable time.
24 C. On September 9, 2020, the Assistant Chief Administrative Officer of the County of Butte
25 proclaimed the existence of a local emergency within the county due to the North Complex
26 Fire.
1 1 D. On August 18, 2020, the Governor of the State of California proclaimed a State of
2 Emergency for multiple fires caused by lightning strike, including what would grow into
3 the North Complex Fire pursuant to the California Emergency Services Act, commencing
4 with Section 8550 of the Government Code.
5 E. On August 22, 2020, the President of the United States approved a disaster declaration for
6 the State of California relating to the wildfires, providing assistance from many federal
7 agencies, including FEMA;
8 F. On September 11, 2020, Dr. Robert Bernstein, the County of Butte's Local Health Officer,
9 issued a Declaration of Health Emergency pursuant to California Health and Safety Code
10 section 101080. Dr. Bernstein's declaration stated that the local health emergency was a
11 consequence of the debris resulting from the North Complex Fire that contains hazardous
12 material in the ash of the burned qualifying structures. The purpose of the Declaration was
13 to address the immediate threat to the public health and the imminent and proximate threat
14 of the introduction of contagious, infectious or communicable disease, chemical agents,
15 non-communicable biologic agents, toxins and/or radioactive agents present at the time in
16 the North Complex Fire area. The threats included (I) the enormous amount of fire debris
17 present in the North Complex Fire area, including respirable-size ash and other debris
18 containing hazardous materials including radioactive materials that have been
19 demonstrated in the past to be present in ash and debris from qualifying structures, (2) the
20 threat of infectious or communicable disease and/or non-communicable biologic agents
21 due to animal carcasses, radioactive waste and perishable foods, (3) the potential
22 contamination or destruction of the residential and commercial water supply in the North
23 Complex Fire area and ( 4) the potential pollution of the drinking water in or around the
24 North Complex Fire areaif weather conditions caused the spreadof the hazardous materials
25 in the ash and debris of burned qualifying structures.
26 G. On September 14, 2020, Dr. Bernstein issued a Hazard Advisory strongly suggesting
2 1 residents should not reside on property with qualifying structures damaged or destroyed by
2 the North Complex Fire until the property had been cleared of hazardous waste, ash and
3 debris and certified clean by the Department of Public Health, Environmental Health
4 Division. When the evacuation orders are lifted, the Department of Public Health will
5 make health and safety information available to residents who choose to visit their property
6 to collect valuables. The re-entry information will cover the dangerous conditions and toxic
7 materials present in the North Complex Fire area. The re-entry information is intended to
8 improve and protect public health and safety from the hazards likely to be encountered
9 during the visit, and are not intended to encourage long-term habitation. The purpose of
10 the Hazard Advisory was to address the public health hazards present at the time in the
11 North Complex Fire area, including (1) the enormous amount of fire debris present in the
12 North Complex Fire area, (2) the hazardous materials and probable radioactive materials
13 present in ash and debris from qualifying structures, (3) the lessened but still present threat
14 of infectious or communicable disease-causing agents and/or non-communicable disease
15 causing agents due to animal carcasses, radioactive waste and perishable foods, (4) the
16 potential contamination or destruction of the residential and commercial water supply in
17 the North Complex Fire area and (5) the potential pollution of the drinking water in or
18 around the North Complex Fire area if weather conditions caused the spread of the
19 hazardous materials in the ash and debris of burned qualifying structures.
20 H. On September 15, 2020, the Board of Supervisors adopted Resolution No. 20-111 ratifying
21 the Assistant Chief Administrative Officer's proclamation of the existence of a local
22 emergency in the County of Butte. The resolution also requested that the State of California
23 waive regulations that may hinder response and recovery efforts, as well as make available
24 assistance under the California Disaster Assistance Act or any other state funding, and that
25 the Federal Government expedite access to federal resources and any other appropriate
26 federal disaster relief program.
3 1 I. On September 15, 2020, the Board of Supervisors ratified Dr. Bernstein's Declaration ofa
2 Local Health Emergency.
3 J. As of September 18, 2020, the North Complex Fire consumed over 287,000 acres and led
4 to the destruction of over approximately 1,200 structures including residences and
5 commercial buildings, and resulted in evacuation orders or warnings which impacted over
6 20,000 residents. As a result, the North Complex Fire created an enormous amount of
7 debris while causing the deaths of 15 people. The North Complex Fire was still burning
8 through the County and despite firefighters' best efforts, the wildfire had not been
9 contained. Evacuation orders were in place and numerous severe public health and safety
10 hazards were present in the North Complex Fire area, including many blocked roads from
11 fallen power lines, burned trees and vehicles, no available utilities, no available public
12 services and the presence of animal carcasses.
13 K. There exists the potential for widespread toxic exposures and threats to public health and
14 the environment in the aftermath of a major wildfire disaster, and debris and ash from
15 residential and commercial structure fires contain hazardous materials and the harmful
16 health effects of hazardous materials produced by a wildfire are well documented.
17 L. The combustion of building materials such as siding, roofing tiles, and insulation results in
18 dangerous ash that may contain asbestos, heavy metals and other hazardous materials.
19 Household hazardous waste such as paint, gasoline, cleaning products, pesticides,
20 compressed gas cylinders, and chemicals may have been stored in homes, garages, or sheds
21 that may have burned in the fire, also producing hazardous materials.
22 M. Exposure to hazardous materials may lead to acute and chronic health effects and may
23 cause long-term public health and environmental impacts. Uncontrolled hazardous
24 materials and debris pose significant threats to public health through inhalation of dust
25 particles and contamination of drinking water supplies. Improper handling can expose
26
4 1 residents and workers to toxic materials, and improper transport and disposalof fire debris
2 can spread hazardous substances throughout the community.
3 N. Standards and removal procedures are needed immediately to protect the public safety,
4 health and environment, and to facilitate coordinated and effective mitigation of the risks
5 to the public health and environment from the health hazards generated by the North
6 Complex Fire disaster.
7 0. The North Complex Fire has created hazardous waste conditions in the County of Butte in
8 the form of contaminated debris from household hazardous waste/materials and structural
9 debris resulting from the destruction of thousands of structures. This hazardous waste
10 debris poses a substantial present or potential hazard to human health and the environment
11 until the property is certified clean. The accumulated exposure to hazardous waste debris
12 over an extended period oftime poses a severe hazard to human health.
13 P. The Department of Toxic Substances Control has issued reports regarding the assessment
14 of burn debris from wildfires in the past. The studies of burned residential homes and
15 structures from large scale wildland fires indicated that the resulting ash and debris can
16 contain asbestos and toxic concentrated amounts of heavy metals such as antimony,
17 arsenic, cadmium, copper, lead, and zinc. Additionally, the ash and debris may contain
18 higher concentrations of lead if the home was built prior to 1978 when lead was banned
19 from household paint in the United States. The reports indicated that the residual ash of
20 burned residential homes and structures has high concentrations of heavy metals that can
21 be toxic and can have significant impacts to individual properties, local communities, and
22 watersheds if the ash and debris is not removed safely and promptly.
23 Q. The Board of Supervisors finds that wildfire-generated ash and debris pose a danger to the
24 health, safety and welfare of the general public in the vicinity of any real property located
25 throughout the territory of the County for the reasons set forth above. Therefore, all
26 wildfire-generated ash and debris located on real property within the unincorporated area
5 1 of the County are deemed a public nuisance and pose a hazard to the safety of the
2 landowners, residents in the vicinity, to the public generally and to the environment.
3 R. The majority of the North Complex Fire area is located in a Very High Fire Hazard Severity
4 Zone as shown on the California Department of Forestry and Fire Protection's Fire and
5 Resource Assessment Program map dated August 2018.
6 s. The County generally has a climate conducive to wildfires and is prone to periodic dry
7 summers and wind events. Hazard trees pose a significant danger to the health, safety and
8 welfare of the public by fueling and propelling wildfires, thereby increasing the potential
9 for a severe fire and endangering lives, property and the environment. Increasingly dry
10 summers and severe wind events further exacerbate the fire danger and have the potential
11 to result in catastrophic fire losses to life, property and the environment.
12 T. Additionally, the North Complex Fire created a fuel type conversion whereby the
13 Ponderosa Pine and mixed conifer forests will convert to predominantly open land with
14 grass and brush regrowth. The understory grass and brush can precipitate the start and
15 spread of fire with hundreds of thousands of dead trees still standing, many of which are
16 within the urban interface, to further add to the fire threat and intensity. Dead trees that fall
17 on the forest floor over time further complicate the fire environment by adding a large
18 amount of down and dead fuel that will add to surface fire intensity and make control efforts
19 difficult.
20 u. Dead and dying trees pose a life hazard to firefighters, first responders and the general
21 public if exposed to fire or high wind storm events. Standing trees that are dead or dying
22 and are adjacent to roads have an increased risk of falling onto the roads during a wildfire
23 disaster or high wind storm event as compared to healthy trees. This endangers primary
24 and secondary evacuation routes in the North Complex Fire area, which could lead to
25 increased loss oflife during a future fire.
26
6 1 v. Of paramount importance to the Board and the residents of the County is the protection of
2 lives and property from the threat of fire, including proper maintenance of evacuation
3 routes and the safety of fire and law enforcement personnel during wildfires.
4 w. Dead and dying trees suffer an increased riskof pest infestation, such as bark beetles. When
5 dead or dying trees are infested with pests, this also exposes the healthy trees in close
6 proximity. The healthy trees are then endangered by the pests, which potentially creates
7 more fuel for future fires, which increases the future fire risks in the North Complex Fire
8 area.
9 x. The County Fire Chief has stated that the remaining fire damaged trees in the Concow area
10 following the 2008 fires propelled and exacerbated the progression and severity of the
11 Northern Complex Fire. Further, under normal circumstances, dead and down trees hamper
12 fire suppression efforts. The huge number of fire damaged trees from the North Complex
13 Fire justifies County action to reduce the risk posed by fire damaged standing trees.
14 Y. The enormity of the standing burnt trees throughout the North Complex Fire area must be
15 addressed before rebuilding will be possible on a scale large enough to facilitate economic
16 recovery of the region. As a result of multiple barriers, including tree removal costs that
17 exceed the value of their land, many homeowners are abandoning their property. If owners
18 do not return to the North Complex Fire area, businesses will not be able to open and remain
19 in business. The County must eliminate hazard trees from the North Complex Fire area to
20 encourage rebuilding projects in the region.
21 z. Local utility providers have estimated the total number of hazard trees in the County right
22 of way and that threaten utility lines could exceed 20,000.
23 AA. I 00 percent of businesses in the bum area were shut down after the North Complex Fire.
24 The survival of new and existing businesses depends primarily on the restoration of the
25 purchasing power in the community. The loss of approximately 1,471 homes in the North
26 Complex Fire area and the subsequent displacement of the residents severely reduces the
7 1 customers for businesses that sell goods and services locally and the workforce available
2 for businesses that produce goods and services for export out of the County. The severe
3 reduction in population dramatically reduces the ability for businesses to recover, including
4 the ability to remain a viable business interest in the community. Many of the businesses
5 that were destroyed in the North Complex Fire provided essential services to this remote
6 location. An inability to reopen effects both the business owner and the residents in this
7 remote area that rely on these essential services.
8 BB. The Assessor's Office is inspecting parcels in the North Complex Fire area for calamity
9 relief from tax assessment. At this time, the Assessor's Office estimates (I) up to 2,300
10 properties may require calamity relief as a result of the North Complex Fire and (2)
11 potential losses from the tax roll of approximately $50,000,000.
12 CC. The health of the communities and local economies largely depends upon repopulation;
13 repopulation largely depends upon the mindset of the public and their sense of security
14 regarding moving back to their land. For example, if evacuation routes continue to suffer
15 from falling trees, residents will not have confidence in their ability to evacuate safely
16 during a future fire, and will choose not to rebuild in the North Complex Fire area. Without
17 a sense of security, people are moving elsewhere - which negatively impacts the economy
18 recovery of the region - both the commercial economy and the property tax base for the
19 County.
20 DD. The County's arborists have recommended removal of all Hazard Trees which meet the
21 defined criteria and are rooted along the County's right-of-way.
22 EE. It is the opinion of the County Fire Chief and County's arborists that the unprecedented
23 level of hazard trees presents the following risks to life, public health and safety: (I) the
24 risks of injury and/or death to County residents who use County-maintained roads due to
25 falling trees; and (2) the increased threat of catastrophic wildfire to the North Complex Fire
26 area and surrounding area.
8 1 FF. A purpose of this Ordinance is to establish enforcement mechanisms for a Hazard Tree
2 abatement program that protects the lives and property of the public living in and traveling
3 through the County, and the environment.
4 GG. The Board of Supervisors finds that Hazard Trees (as defined in this Chapter) pose a danger
5 to the health, safety and welfare of the general public in the vicinity of any real property
6 located throughout the territory of the County for the reasons set forth above. Therefore,
7 all Hazard Trees located on real property within the unincorporated area of the County are
8 deemed a public nuisance and pose a hazard to the safety of the landowners, residents in
9 the vicinity, users ofroads and to the public generally.
10 HH. It is imperative that the County implement immediate and aggressive measures to identify
11 and fell the trees that are dead and dying as a result of the North Complex Fire to
12 immediately eliminate or reduce the risks to life, public health and safety, infrastructure,
13 forest health and the community at large.
14 II. Hazard Trees (as defined below) that:
15 (!) are rooted on private property; and
16 (2) threaten (a) roads and/or right-of-ways of County-maintained roads or (b) public
17 improved property in the unincorporated areas of the North Complex Fire area; and
18 (3) may cause physical injury or damage to persons or property creates a serious public
19 health and safety crisis and therefore constitutes a public nuisance.
20 JJ. Dr. Bernstein's Declaration of a Local Health Emergency and Hazard Advisory Statement
21 were based on the public health threats associated with North Complex Fire ash and debris.
22 This Urgency Ordinance is consistent with Dr. Bernstein's Declaration and Statement, as
23 it prohibits residents from removing their own ash and debris and requires residents with
24 qualifying debris to enter into a program to clear such ash and debris in a safe manner.
25 KK. As of February 23, 2021, the status of the North Complex Fire area is as follows: (!)
26 residents continue to secure housing resources from government partners; (2) the County
9 1 has received approximately five (5) applications for rebuilding permits for structures
2 destroyed by the North Complex Fire; (3) County forces continue to implement emergency
3 protective measures to increase roadway stability; (4) Phase I of the cleanup of hazardous
4 household waste is complete; ( 5) Phase II of the cleanup as to Structural Debris pursuant
5 to the Government Program is underway with no properties having Final SignoffComplete
6 status; and (6) Phase II of the cleanup as to Hazard Trees pursuant to the Government
7 Program is currently assessing Hazard Trees and has not yet removed a Hazard Tree.
8 LL. The Board of Supervisors has the authority to take action to protect the health, safety and
9 welfare of the residents of the County pursuant to its police powers granted by Article XI,
10 Section 7 of the California Constitution, California Government Code Section 25123,
11 California Health & Safety Code Section I 0 I 025 and Chapter 32A of the Butte County
12 Code.
13 MM. It is essential that this Urgency Ordinance become immediately effective to mitigate the
14 imminent harm that could be caused to the public health and safety and to the environment
15 from the improper disturbance, removal and disposal of debris containing hazardous
16 materials, structural ash and debris and/or hazard trees and to facilitate the orderly response
1 7 to the North Complex Fire disaster.
18 Section 2. Section 54-10 of Article II of Chapter 54 of the Butte County Code is amended as
19 follows:
2 0 "Section 54-10. Definitions.
21 For the purposes of this Article, the following terms will have the following definitions:
2 2 Alternative Program means the requirements for inspections, clean up and disposal of Structural
2 3 Debris established by the County for property owners that opt out of or are disqualified from the
2 4 Government Program.
2 5 Arborist means an ISA Certified Arborist with a Tree Risk Assessment Qualification (TRAQ).
26
10 1 Arborist's/Forester's Certification means a written certification verifying that all Hazard Trees
2 have been removed from a parcel participating in the Private Tree Program. The certification shall
3 be made and executed by an Arborist and/or Forester as defined in this section. The Arborist or
4 Forester shall provide evidence of the required qualifications of this section.
5 Board means the Board of Supervisors.
6 County means the County of Butte.
7 Director of Development Services means the Director of the Butte County Department of
8 Development Services.
9 Eligible Parcel(s) means a parcel that is an improved public property.
10 Eligible Road(s) means a public road or right-of-way.
11 Eligible Road(s) or Parcel(s) means Eligible Roads or Eligible Parcels.
12 Eligible Roads or Parcels are set forth in the map attached to this Ordinance as Exhibit A.2.
13 Enforcement Officer means the Hazard Tree Enforcement Officer or Structural Debris
14 Enforcement Officer.
15 Fire Debris means Structural Debris and Hazard Trees.
16 Forester means a Registered Professional Forester, qualified pursuant to California Public
1 7 Resources Code Section 7 52, "Professional forester."
18 Government Program means the Fire Debris cleanup program operated by the Office of
19 Emergency Services for the North Complex Fire in conjunction with other State and Federal
2 O agencies.
21 Hazard Tree means a wildfire-damaged tree that in the professional opinion of an Arborist and/or
22 Forester:
23 A. Has been so severely damaged by the North Complex Fire that its structural integrity is
24 compromised; and
25 B. Poses an imminent danger of falling onto an Eligible Road or Parcel.
26
11 1 Hazard Tree Enforcement Officer means the Chief Administrative Officer of the County or
2 his/her designee(s). Such designee(s) may be a County employee(s) or third-party provider(s).
3 Inspection access form means the permit for providing access to the Enforcement Officer to
4 inspect private property of owners opting to use the Private Tree Program approved by the County
5 for use in the cleanup after the North Complex Fire.
6 Phase I means the household hazardous waste cleanup performed by the United States
7 Environmental Protection Agency and/or Department of Toxic Substances Control on certain
8 properties impacted by the North Complex Fire.
9 Phase II means the ash and debris cleanup work performed pursuant to the Government Program
10 and/or the Alternative Program.
11 Private Action means the removal of fire debris from private property damaged by the North
12 Complex Fire by persons disqualified from or opting out of the Government Program and
13 participating in the Alternative Program.
14 Private Tree Program means the requirements for inspections, removal and disposal of Hazard
15 Trees established by the County for property owners that opt out of or are disqualified from the
16 Government Program. The program provides owners with the option of identifying and removing
1 7 Hazard Tree(s) on their property at their own cost.
18 Qualifying structure means a structure of 120 square feet and over.
19 Right of Entry Permit means the Right-of-Entry Permit for Debris and/or Hazard Tree Removal
2 0 on Private Property approved by the California Office of Emergency Services for use in the
21 cleanup after the North Complex Fire.
2 2 Structural Debris means the wildfire-generated debris including but not limited to burned or
2 3 partially burned structures of 120 square feet or greater, ash, concrete foundations, contaminated
2 4 soil, vehicles, trailers, waste or other debris from the property.
2 5 Structural Debris Enforcement Officer means the Butte County Director of Public Health and
2 6 his/her designee.
12 1 Temporary Log Storage Yards means sites (also known as log decks) where piles of logs and
2 other piles of vegetation removed from the North Complex Fire affected area are temporarily
3 stored and processed before transfer to trucks or rail. The logs and vegetation must be associated
4 with the North Complex Fire recovery effort, i.e., logs and vegetation that are bum-damaged or
5 otherwise removed due to safety issues associated with the North Complex Fire. Logs and wood
6 waste originating from routine utility line maintenance shall not be stored at Temporary Log
7 Storage Yards. This definition and Section 54-20 do not apply to logs and/or vegetation harvested
8 or cleared as part of a timber harvest plan or exemption under the Forest Practice Rule that are
9 stored and/or processed on the property on which they were harvested or cleared. This definition
10 and Section 54-20 only applies to logs and vegetation transported to another property. A temporary
11 log storage yard shall not exist beyond the Effective Period. No Structural Debris or hazardous
12 materials may be brought onto or stored in the yard including any that may have been deposited
13 on logs or vegetation. Temporary Log Storage Yards allow for the processing of logs and
14 vegetation (e.g., chipping, milling, etc.) but not the burning of!ogs and vegetation, and may include
15 associated equipment repair, construction trailers, employee parking and portable bathroom
16 facilities set up for use by the personnel assigned to the yard, but not residences other than the
1 7 transitory use of a recreational vehicle for a temporary caretaker quarters in conformance with
18 Section 54-34 of this Chapter."
19 Section 3. Section 54-16 of Article II of Chapter 54 of the Butte County Code is amended as
2 0 follows:
21 "Section 54-16. Hold on Building Permits.
2 2 Any issued County of Butte building permit to repair or reconstruct a fire damaged structure or
2 3 private infrastructure shall be held in abeyance and not acted upon until Structural Debris cleanup
2 4 is completed on the affected property and completion is confirmed to the County Building Official,
2 5 either through the Government Program or the Alternative Program, as applicable.
2 6 Notwithstanding the foregoing, this section shall not apply to permits relating to (A) power, sewer
13 1 or other utilities for temporary dwellings as provided for in this Chapter or (B) wells or septic
2 systems through the Public Health Department, Environmental Health Division."
3 Section 4. Section 54-17 of Article II of Chapter 54 of the Butte County Code is amended as
4 follows:
5 "Section 54-17. Deadlines and Enforcement.
6 A. The Board may set a deadline for filing an acceptable application for the Alternative Program
7 and/or Private Tree Program by resolution.
8 B. Properties that have Fire Debris from the North Complex Fire and that have not submitted
9 an approved (I) Right of Entry Permit for the Government Program, (2) application for the
10 Alternative Program (for Structural Debris), (3) inspection access form for the Private Tree
11 Program (for Hazard Trees) and/or (4) an approved Arborist's/Forester's Certification for
12 the Private Tree Program (for Hazard Trees) (as applicable) by the deadline(s) set by the
13 Board are declared a nuisance and health hazard and such properties may be abated pursuant
14 to this Chapter.
15 c. The Board may set deadlines for the completion of work in the Alternative Program and
16 Private Tree Program by resolution. Properties that have Fire Debris from the North Complex
17 Fire after the deadline set by the Board are declared a nuisance and health hazard and such
18 properties may be abated pursuant to this Chapter.
19 D. The Board's intent is to facilitate orderly remediation of a large scale disaster. Nothing in
20 these deadlines shall limit the authority of the County to abate hazards more quickly where
21 required by exigent circumstances. Nothing in this Article or in these deadlines shall limit
22 the authority of the Health Officer to require preventive measures as defined in California
23 Health and Safety Code Section 101040.
24 E. Enforcement and Abatement.
25 (!) General Enforcement Action. When the Enforcement Officer determines that an activity is
26 being performed in violation of this Article, the Enforcement Officer may initiate an
14 1 enforcement action using any process set forth in California law and/or in the Butte County
2 Code and may seek the imposition of costs and civil penalties pursuant to California law
3 and/or the Butte County Code. Nothing in this provision is intended to prevent alternate
4 enforcement mechanisms, including but not limited to, health officer orders pursuant to
5 California Health and Safety Code Section 101040.
6 (2) Summary Abatement. Pursuant to the authority of Cal. Const., art. XI, Section 7; California
7 Health and Safety Code Section 101040, California Government Code Section 25845, and
8 the Butte County Code, ifthe Enforcement Officer determines that a violation of this Article
9 has created an emergency condition which seriously endangers the public health or safety,
10 the County may abate the condition within the unincorporated territory of the County of
11 Butte. The costs shall be charged to the property owners(s) and the County may, at its option,
12 recover the same in an administrative action as described below or a civil action. Such
13 charges shall be in addition to any penalty for a violation of this Article.
14 (a) Pre-Abatement Notice. Unless emergency conditions preclude doing so, the Structural
15 Debris Enforcement Officer shall issue a Summary Abatement Notice and Order with
16 reasonable notice. The Notice and Order shall be mailed to the property owner(s) as
17 listed on the last equalized tax roll. A summary of the Notice and Order shall be posted
18 in a conspicuous location on the property to be abated at least 10 calendar days prior
19 to the summary abatement action.
20 (b) Appeal and Waiver. The property owner(s) or any person or entity having a legal
21 interest in the property may submit a written appeal of the Structural Debris
22 Enforcement Officer's Order to the Health Officer or his or her designee no later than
23 10 calendar days from the date of mailing of the Notice and Order. The written appeal
24 shall state the basis for the appeal. The Health Officer or his/her designee shall review
25 the appeal and shall issue a written decision (the "Decision") no later than 10 calendar
26 days after receipt. The Decision shall uphold, rescind or modify the determination of
15 1 the Notice and Order. The Decision on the appeal shall be final. Failure to appeal
2 within the time prescribed shall constitute a waiver of the right to contest the summary
3 abatement.
4 (c) Post Abatement Notice. After the summary abatement is completed, the Structural
5 Debris Enforcement Officer shall serve the property owner(s) with a post abatement
6 notice that sets forth: (a) the actions taken by the County; (b) the reasons for the
7 actions; (c) a statement of the costs, expenses and attorney's fees, if any, of the
8 abatement and notice of the County's intent to collect those costs; and (d) right to
9 appeal the costs determination within I 0 calendar days of the notice. If the property
10 owner is responsible for any costs, expenses or attorney's fees, such costs shall become
11 a lien against the property and a Notice of Abatement Lien may be recorded.
12 (d) Post Abatement Costs Appeal. If the property owner( s) or anyone with a legal interest
13 in the property submits a timely costs appeal, the County shall schedule an
14 administrative hearing on the matter and provide the appeal party with reasonable
15 notice of the hearing. The hearing conducted shall be held before a Hearing Officer
16 designated pursuant to the protocol set forth in that document entitled the "Butte
17 County Administrative Hearing Officer Program." The Program is based upon an
18 alphabetical rotation through attorneys currently under contract through the
19 Program. The hearing officer shall conduct an administrative hearing where each party
20 shall have the opportunity to present evidence and the County shall have the obligation
21 to establish that the costs, including expenses and attorney's fees, if any, incurred for
22 the summary abatement were necessary by a preponderance of the evidence. After the
23 hearing, the hearing officer shall issue a written decision and order that shall be served
24 upon the appealing party within 30 calendar days of the hearing unless extended by
2 5 agreement of the parties.
2 6 (3) Abatement and Administrative Costs. If a public nuisance is found to be present on the
16 1 property in violation of this article, the Enforcement Officer shall pursue payment for
2 Abatement and Administrative Costs from the owner and the owner of the property shall be
3 responsible for paying all of the County's Abatement Costs and Administrative Costs.
4 (a) The term "Abatement Costs" means any costs or expenses reasonably related to the
5 abatement of conditions which violate this Article of the County Code, and shall
6 include, but not be limited to enforcement, investigation, collection and administrative
7 costs, and the costs associated with the removal or correction of the violation.
8 (b) The term "Administrative Costs," shall include the cost of County staff time
9 reasonably related to enforcement, for items including, but not limited to, site
10 inspections, travel time, investigations, telephone contacts and time spent preparing
11 summaries, reports, notices, correspondence, warrants and hearing packets. The time
12 expended by the Enforcement Officer and Auditor-Controller staff, to calculate the
13 above costs and prepare itemized invoices, may also be recovered.
14 (4) Burden of Proof of Public Nuisance. When an owner maintains a public nuisance on his or
15 her property in violation of this Article, the burden of proof shall rest with the Enforcement
16 Officer making the allegation or determination and shall be based on a preponderance of the
17 evidence as follows:
18 Evidence supporting an allegation of the existence of a public nuisance as described in this
19 Article shall demonstrate the following:
20 (a) the property has Structural Debris and/or one or more Hazard Trees on the property;
21 and
22 (b) the property owner has not entered into or complied with the requirements of the
23 Government Program, Alternative Program and/or Private Tree Program, as
24 applicable.
25 (5) Abatement of Public Nuisance. Abatement of a condition or circumstance that is alleged to
26 be a public nuisance shall be encouraged to be on a voluntary basis on the part of the violator
17 1 or, when necessary, performed by official action.
2 (6) Duty. No person or entity shall cause, permit, maintain, conduct or otherwise allow a public
3 nuisance as defined in this Chapter to exist within the unincorporated limits of the County of
4 Butte. It shall be the duty of every owner, occupant, and person that controls any land or
5 interest therein within the unincorporated area of the County of Butte to remove, abate, and
6 prevent the reoccurrence of the public nuisance upon such land.
7 (7) Abatement procedure.
8 (a) Whenever the Enforcement Officer determines that a public nuisance pursuant to this
9 Chapter exists, he or she shall request in writing that the public nuisance be abated
10 within fifteen (15) days. If the condition(s) continue beyond that fifteen (15) day
11 period, the Enforcement Officer may set the matter for hearing. If the matter is set for
12 hearing, the Enforcement Officer shall post the property upon which the public
13 nuisance exists and shall mail, with a proof of service, notices to those persons known
14 to be in possession of the property, if any, and to persons shown on the latest County
15 tax roll to be the owners of the property at least ten (I 0) days prior to the hearing. The
16 Notice of North Complex Fire Debris Nuisance Abatement Hearing shall inform the
1 7 owner(s) of the basis for the violation and explain that to prevent the accrual of
18 additional costs, the owner( s) must contact the Enforcement Officer and arrange a time
19 for the Enforcement Officer to inspect the property, and confirm that the violation(s)
2 0 have been corrected. Both the mailed and posted notice shall be in substantially the
21 following form:
22 NOTICE OF NORTH COMPLEX FIRE DEBRIS NUISANCE ABATEMENT HEARING
23 The owner(s) and occupant(s) of real property described on the latest equalized Butte
24 County tax roll as A.P. No . __ and having a street address of _____ is (are) hereby
2 5 notified to appear before a Hearing Officer of the County of Butte at on , 20_,
2 6 at the hour of __ o'clock __m., to show cause, if any there be, why the use of said real
18 1 property should not be found to be a public nuisance and abated pursuant to the Butte County
2 Code. The Enforcement Officer(s) for the Structural Debris and/or Hazard Tree Removal Program
3 has determined that conditions exist on the above property which constitute a public nuisance and
4 violate Butte County Code section(s) , as follows: . After hearing, if a violation
5 is found to have existed at the time the Notice of North Complex Fire Debris Nuisance Abatement
6 Hearing was posted on the property, the cost of abating such violation, including, but not limited
7 to, the cost of the Hearing Officer, the cost of prior time and expenses associated with bringing the
8 matter to hearing, the cost of judicially abating the violation, the cost of labor and material
9 necessary to physically abate the violation, and the cost of securing expert and other witnesses
10 may become a lien against the subject property. If an abatement lien is recorded, it will have the
11 same force and effect as an abstract ofjudgment which is recorded as a money judgment obtained
12 in a court of law. If you fail to appear at the hearing or if you fail to raise any defense or assert any
13 relevant point at the time of hearing, the County will assert, in later judicial proceedings to enforce
14 an order of abatement, that you have waived all rights to assert such defenses or such points.
15 In preparing for such hearing, you should be aware thatif an initial showing is made by the County,
16 sufficient to persuade the Hearing Officer that a public nuisance existed on your property at the
1 7 time the Notice of North Complex Fire Debris Nuisance Abatement Hearing was posted on the
18 property, you will then have the burden of proving that no public nuisance exists on your property.
19 Therefore, you should be prepared to introduce oral and documentary evidence proving why, in
2 0 your opinion, your use of the property is not a public nuisance as defined in the Butte County
21 Code. A copy of Article II of Butte County Code Chapter 54 relating to Mandatory Debris and
2 2 Hazard Tree Removal and related abatement hearings is enclosed to assist you in the preparation
2 3 of your presentation.
2 4 If an initial showing sufficient to persuade the Hearing Officer that a public nuisance
2 5 existed on your property is made by the Enforcement Officer, your failure to sustain the burden of
2 6 showing that no public nuisance existed on the property may result in a decision by the Hearing
19 1 Officer that a public nuisance did exist, an order to abate the nuisance (which may also result in a
2 later judicial order to the same effect) and that the County is entitled to recover its Administrative
3 Costs.
4 Further, if the Hearing Officer finds that a public nuisance continues to exist on your
5 property and you fail to abate the nuisance promptly, the County may abate the nuisance. If the
6 County abates the nuisance, you may be responsible for the actual costs of the abatement, including
7 the costs to the County of the administrative hearing, and such costs may be placed as a lien against
8 your parcel by the County.
9 Finally, if the Hearing Officer finds that a public nuisance existed or exists on your
10 property, a violation of the Butte County Code, the County will contend that you are bound by
11 such finding at any subsequent judicial action to enforce the Hearing Officer's order.
12 IMPORTANT: READ THIS NOTICE CAREFULLY. FAILURE TO APPEAR AND RESPOND
13 AT THE TIME SET FORTH IN THIS NOTICE WILL LIKELY RESULT IN
14 ADMINISTRATIVE AND/OR JUDICIAL ABATEMENT AND TERMINATION OF USES OF
15 OR CONDITIONS ON YOUR PROPERTY WHICH THE ENFORCEMENT OFFICER
16 CONTENDS ARE IN VIOLATION OF THE BUTTE COUNTY CODE. TO PREVENT THE
17 ACCRUAL OF ADDITIONAL COSTS, YOU MUST CONTACT THE ENFORCEMENT
18 OFFICER AND ARRANGE A TIME FOR THE ENFORCEMENT OFFICER TO INSPECT
19 YOUR PROPERTY AND CONFIRM THAT THE VIOLATION(S) HAVE BEEN
20 CORRECTED.
21 Dated: --- 22 COUNTY OF BUTTE
23 NORTH COMPLEX FIRE RECOVERY - STRUCTURAL DEBRIS/HAZARD TREE
24 REMOVAL
2 5 ENFORCEMENT OFFICER
26 By: _____
20 1 Enclosure: Article II of Butte County Code Chapter 54
2 (b) All hearings conducted under this Chapter shall be held before a Hearing Officer
3 designated pursuant to the protocol set forth in that document entitled the "Butte
4 County Administrative Hearing Officer Program." The Program is based upon an
5 alphabetical rotation through attorneys currently under contract through the Program.
6 (c) At the time and place set for the hearing, the Hearing Officer shall review the
7 Enforcement Officer's decision ordering cessation of the alleged public nuisance to
8 determine whether such decision conforms to law and is supported by substantial
9 evidence. The Hearing Officer shall hear testimony and receive written and/or
10 documentary evidence relating to the alleged violation. Additional procedural rules
11 may be adopted by resolution of the Board of Supervisors. The Hearing Officer shall
12 tape record the hearing or engage the services of a certified court reporter to record the
13 hearing and shall preserve the record of the hearing and all photographs and
14 demonstrative and documentary evidence introduced at the time of the hearing for a
15 period of three (3) years.
16 (d) Within five (5) days after the hearing is closed, the Hearing Officer shall render his or
17 her written decision relating to the existence or nonexistence of the alleged public
18 nuisance. If a violation is found to have existed at the time the Notice of North
19 Complex Fire Debris Nuisance Abatement Hearing was posted, the decision shall
20 include a statement of the Abatement and Administrative Costs incurred by the County
21 or estimated costs to abate the violation and shall also order that the owner of the
22 property, or persons known to be in possession of the property, abate the violation
23 within a reasonable time, not to exceed ten (! 0) days. The decision shall contain
24 findings of fact and conclusions of law. A copy of the decision shall be mailed by
25 certified mail, return receipt requested, to the person or persons shown on the last
26 County tax roll to be the owners of the property which is the subject of the hearing and
21 1 the occupant of such parcel, if any. All other persons noticed pursuant to this section
2 shall be mailed a copy of the decision by first class mail, postage prepaid.
3 (e) The decision of the Hearing Officer shall be final on the date the certified mail set
4 forth in subsection (d) above, is deposited in the mail. The Hearing Officer shall notify
5 the Clerk of the Board of Supervisors of his or her decision and the date upon which
6 the decision became final. If it is the decision of the Hearing Officer that a public
7 nuisance existed at the time the Notice of North Complex Fire Debris Nuisance
8 Abatement Hearing was posted, the owner of the property shall be responsible for
9 paying all of the County's Abatement Costs and Administrative Costs, including but
10 not limited to, those cost items set forth in the notice required by subsection (a) above.
11 (f) Notwithstanding any other provisions of this Code, if a final decision of the Hearing
12 Officer or the Board of Supervisors finds that a violation existed at the time the Notice
13 of North Complex Fire Debris Nuisance Abatement Hearing was posted and the public
14 nuisance is not voluntarily abated within the time prescribed, the Enforcement Officer
15 may abate the public nuisance pursuant to a warrant issued by a court of competent
16 jurisdiction. The owner of the property shall be responsible for paying all of the
17 County's Abatement Costs and Administrative Costs, including but not limited to,
18 those cost items set forth in the notice required by subsection (a) above. The
19 Enforcement Officer shall keep an accounting of the Abatement and Administrative
20 Costs to perform each abatement. Upon completion of the abatement, the Enforcement
21 Officer shall post the property and send a bill to the owner, and any persons known to
22 be in possession of the property, requesting payment of the County's Abatement and
23 Administrative Costs. The bill shall also state that failure to pay the Abatement and
24 Administrative Costs within fifteen (15) days from service of the bill may result in the
25 recording of a lien against the property.
26 If the County's Abatement and Administrative Costs are not paid within fifteen (15)
22 1 days from service of the bill, the Enforcement Officer shall render an itemized report
2 to the Clerk of the Board of Supervisors for submittal to the Board of Supervisors for
3 hearing and consideration regarding the proposed lien. The report shall include the
4 names and addresses of the owner of record and any persons known to be in possession
5 of the property. The report shall also include the date the abatement was ordered, the
6 work performed, the date the abatement was completed, a description of the property
7 subject to the lien, and an itemized account of the County's Abatement and
8 Administrative Costs. At least fifteen (15) days prior to said hearing, the Clerk of the
9 Board of Supervisors shall give notice, with an affidavit of service, of said hearing to
10 all persons named in the Enforcement Officer's report and the Enforcement Officer
11 shall post the property with a copy of the notice. The notice shall describe the property
12 by assessor's parcel number and street number or other description sufficient to enable
13 identification of the property and contain a statement of the amount of the proposed
14 lien. The notice shall also contain a statement that the Board will hear and consider
15 objections and protests to the proposed lien at the designated time and place.
16 (g) At the time and place fixed in the notice, the Board of Supervisors shall hear and
17 consider the proposed lien with objections and protests thereto. At the conclusion of
18 the hearing, the Board of Supervisors may make such modifications and revisions to
19 the proposed lien as it deems just and may order that the proposed lien be recorded by
20 the Enforcement Officer. The lien shall have the same force, priority and effect as a
21 judgment lien.
22 (h) The notice of abatement lien shall, at a minimum, identify the record owner or
23 possessor of the property, set forth the date upon which abatement of the nuisance was
24 ordered or deemed ordered by the Board of Supervisors, describe the real property
25 subject to the lien, set forth the amount of the Abatement Costs and Administrative
26 Costs incurred to date and, if applicable, the date upon which the abatement was
23 1 completed. If the abatement has not yet been completed, the notice shall so state and
2 shall also indicate that the lien is a partial lien and that additional Abatement Costs
3 will be incurred in the future.
4 It is the intent of the Board of Supervisors that Abatement Costs and Administrative
5 Costs incurred after the filing of the notice of abatement lien relate back to the date
6 upon which the lien was recorded for purposes of priority; however, in order to
7 preserve its rights, after all Abatement Costs and Administrative Costs have been
8 incurred and the abatement is complete, the Enforcement Officer shall cause a
9 supplemental notice of abatement lien to be recorded. The supplemental notice shall
10 contain all of the information required for the original notice and shall also refer to the
11 recordation date and the recorder's document number of the original notice.
12 (i) The decision of the Hearing Officer or Board of Supervisors may be recorded by the
13 Enforcement Officer. In the event of such recordation and in the further event that the
14 violation is corrected, a notice of such correction shall be recorded. The Enforcement
15 Officer is authorized to prepare and record a notice of correction. Correction of the
16 violation shall not excuse the property owner's liability for costs incurred during the
17 administrative abatement process (Abatement Costs and Administrative Costs as
18 defined in section 54-17(E)(3) of this Chapter). If the property owner has not fully
19 compensated the County for costs incurred during the administrative abatement
20 process, a notice of correction shall not be recorded unless the fee specified in section
21 41-9 of this Code has been paid. Payment of the fee specified in section 41-9 of this
22 Code does not excuse the property owner's liability for costs incurred during the
23 administrative abatement process (Abatement Costs and Administrative Costs as
24 defined in section 54-17(E)(3) of this chapter).
25 (j) The County may, in its discretion, commence a judicial action to enjoin a violation of
26 this chapter without the necessity of first going through the administrative procedures
24 1 set forth herein."
2 Section 5. CEQA Exemption.
3 Adoption of this Ordinance is exempt from the provisions of the California Environmental Quality
4 Act (CEQA) pursuant to California Public Resources Code section 21080(b)(3) regarding projects
5 to maintain, repair, restore, or replace property or facilities damaged or destroyed as a result of a
6 declared disaster and Section 21080(b)(4) regarding actions to mitigate or prevent an emergency,
7 and CEQA Guidelines Section 15269(a) regarding maintaining, repairing, restoring, demolishing,
8 or replacing property or facilities damaged or destroyed as a result of a disaster stricken area in
9 which a state of emergency has been proclaimed by the Governor pursuant to the California
10 Emergency Services Act, commencing with Section 8550 of the California Government Code.
11 Section 6. Severability.
12 If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to
13 be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion
14 of this Ordinance. The Board of Supervisors hereby declares that it would have passed this
15 Ordinance and every section, subsection, sentence, clause or phrase thereof irrespective of the fact
16 that any one or more sections, subsections, sentences, clauses or phrases be declared
17 unconstitutional or invalid.
18 Section 7. Effective Date and Publication.
19 This Ordinance shall be and the same is hereby declared to be in full force and effect immediately
20 upon its passage by a four-fifths ( 4/5) or greater vote. The Clerk of the Board of Supervisors is
21 authorized and directed to publish this Ordinance before the expiration of fifteen (15) days after
22 its passage. This Ordinance shall be published once, with the names of the members of the Board
23 of Supervisors voting for and against it, in a newspaper of general circulation published in the
24 County of Butte, State of California. Pursuant to Government Code section 25124, a complete
25 copy of this Ordinance is on file with the Clerk of the Board of Supervisors and is available for 26
25 1 public inspection and copying during regular business hours in the officeof the Clerk of the Board
2 of Supervisors, 25 County Center Drive, Oroville, California.
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26 1 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
2 California, on the 23rd day of February, 2021 by the following vote:
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4 A YES: Supervisors Lucero, Ritter, Kimmelshue, and Chair Connelly
5 NOES: None
6 ABSENT: Supervisor Teeter
7 ABSTAIN: None
8 9 BI~ ELS:c#t Butte County Board of Supervisors 10
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12 ATTEST: 1 3
14 ANDY PICKETT, Chief Administrative Officer and Clerk of the Board 15
16 By: f;-££4.-- DeputY 17
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