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Download Ordinance 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.
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