The Davis Enterprise Wednesday, December 30, 2020

THE DAVIS ENTERPRISE

ClassAds@DavisEnterprise.net WEDNESDAY, DECEMBER 30, 2020 A7

Should I move on?

Dear Annie: I have been with my boyfriend for 16 years. Until this year, we were very happy. We shared a home together and talked all the time. We had a healthy sex life. Our relationship was great. But when the pandemic happened, his 22-year-old daughter moved in. Since then, my world was turned upside-down.

She is rude to me and won’t engage in conversation. It’s like she pretends I’m not even there when she walks by. She doesn’t clean up after herself. When I told him I wanted her to show me some respect and speak to me, he told me I needed to show her some respect.

Over the years, my partner has asked me to make some hard choices. At one time, my nephew had to move in with us for a few months. He insisted that my nephew pay rent even though we were living in the house I grew up in at the time. On another occasion, I let go of 30-year friendships because he didn’t like my friends. Lastly, I gave up my home and moved into a house he bought without me seeing it.

He has asked me to make some sacrifices over the years, and I did because I love him. When I asked him to make one, he called me crazy and refused to do it.

I finally moved out. I don’t want to lose the love of my life, but I don’t feel comfortable in that house anymore. He did say he was willing to go to couples therapy, and I have tried to set that up but it has been hard due to the pandemic.

He acts like everything is fine.

All I wanted was some respect.

And to take back my role in my house. I’m afraid that my relationship is over, and I need to accept that and move on. What — Left Behind do you think?

Dear Left: While his daughter’s presence may have brought issues to a boil between you and your partner, it sounds as though

they’ve been simmering for quite some time. I’m troubled to hear that he made you end 30-year friendships because he didn’t like your friends. That’s not love, and it’s not healthy. In fact, that type of controlling behavior is often part of a pattern of emotional abuse. I encourage you to learn more about the warning signs of abusive behavior by calling the National Domestic Violence Hotline (800-799-7233) or visiting thehotline.org.

If I’ve misjudged the situation entirely and he’s not abusive, then give couples therapy a try. There’s no need to wait until after the pandemic is over, as there are virtual options available. You can find a database at www.psychologytoday.com/therapists/onlinecounseling.

Dear Annie: Thank you for pointing out that talking (listening!) on the phone while driving is dangerous. Even hands-free calls are dangerous. Many studies have demonstrated this, and perhaps you can put up a link for your readers if they want validating evidence.

— Hang It Up Dear Hang It Up: Although making hands-free phone calls while driving is significantly safer than handheld cellphone use (especially texting), it can still reduce one’s ability to perceive hazards on the road. AAA produced a fascinating video demonstrating the levels of distraction associated with various tasks. You can find it by searching YouTube for “Cognitive Distraction - Full Video.”

EMPLOYMENT RENTALS & REAL ESTATE

Sweetness given but not returned Dear Annie: Each year, my family celebrates Thanksgiving and Christmas with my parents and my brother’s family. When I was a teenager, my grandma taught me how to make her special holiday dishes that have been our family tradition for many years. Eventually, my grandma was no longer able to cook, and later, she passed away, so I took over for her to keep these family traditions alive. Most everyone seems to enjoy the food, and they are very thankful that I carry on these traditions, especially for the younger generation, who I plan to teach during my lifetime. It makes our holidays extra special.

The problem I have occurs each year when my parents invite their friends to celebrate Thanksgiving and Christmas. None of us mind the extra company or the fact that they spend the day with us. However, the last few holiday dinners, I have come away sad or disappointed because of my parents’ actions.

Last Thanksgiving, it made me very sad to see my mom talk about how wonderful the storebought cupcakes one of her friends brought were but not even acknowledge the time I took to bake Grandma’s pumpkin pie. I do have to say Grandma’s recipe is delicious.

This year, due to COVID-19, I informed my parents and brother that I would deliver Thanksgiving dinner to them. They seemed very excited, and I purchased separate turkeys and all the ingredients. I wanted to send them the perfect meal since we are not able to be together. My brother was very thankful. My parents and I had tentative times set for when I would drop off their meal.

Today, I was blindsided when my parents’ friend called to tell me that they are joining my parents for dinner and they plan to

HELP WANTED Salary: $23.70 - $28.81 Hourly; City of Davis, 23 Russell Blvd., Davis, CA 95616.

FFD: 12/28/2020. See job bulletin at www.cityofdavis.org for min. req. or call (530) 757-5644, TDD (530) 757-5666; City emp. appl. req. EOE.

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Public Notices 

ORDER TO SHOW CAUSE FOR CHANGE OF NAME Case Number: CV2020-1580 1. Roman Alexander Huff filed a petition with this court for a decree changing names as follows: Roman Alexander Huff to Roman Aryssies Alexander 2. THE COURT ORDERS that all persons interested in this matter shall appear before this court at the hearing indicated below to show cause, if any, why the petition should not be granted.

NOTICE OF HEARING Date: January 21, 2021 Time: 9 a.m.

Dept: #10 The address of the court is 1000 Main Street, Woodland, CA 95695 3. a) A copy of this Order to Show Cause shall be published at least once a week for four successive weeks prior to the date set for hearing on the petition in the following newspaper of general circulation, printed in this county: The Davis Enterprise 315 G Street, Davis, CA 95616 Date: November 30, 2020 Samuel T. McAdam Judge of the Superior Court 12/9, 12/16, 12/23, 12/30 1086

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FICTITIOUS BUSINESS NAME STATEMENT Filed: November 20, 2020 FBN Number: F20200944 1. Fictitious Business Name(s) BLACKLINE LLC BLACKLINE ATHLETICS BLACKLINE NUTRITION BLACKLINE CONSULTANTS BLACKLINE APPAREL 2. Street Address, City, State and Zip of Principal Place of Business in California.

Business is located in Yolo County.

310 Carlsbad Place Woodland, CA 95695 3. List Full Name(s) of Registrant(s), Residence Address, State, and Zip Blackline LLC 310 Carlsbad Place Woodland, CA 95695 4. Business Classification: Limited Liability Company 5. Beginning Date of Business: The Registrant(s) commenced to transact business under the fictitious business name or names listed above on: October 20, 2020 “I declare that all information in this statement is true and correct.”

(A registrant who declares as true information which he or she knows to be false is guilty of a crime.)

6. Signature of Registrant(s): Robert Hurt, Chief Executive Officer, Blackline LLC 12/9, 12/16, 12/23, 12/30 1084

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RENTALS & REAL ESTATE

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WPCP Operator In Training (Temporary Part Time) – Public Works U&O – FFD: 12/28/2020

bring the turkey and stuffing. acknowledge it, which you did by They bragged about how good the writing this letter, and then to food will be because they are buy- understand that we cannot coning it from a gourmet restaurant. trol other people’s actions toward By the end of the conversation, I us; we can only control our had no other choice but to say response. So, understand that that I decided not to bake the your mom must be unhappy turkey I thawed in my refrigera- about something if she is treating tor for my parents. They knew I you in such a manner. Try to planned to make them a special focus on all the other family meal but could not tell me that members who appreciate what their friends are now bringing the you do. main courses. I feel they do not You might want to consider appreciate what their daughter is having a straightforward converdoing and only care about their sation with your parents. They friends.

Do you have any suggestions might not even be aware of how on how I should deal with this their actions make you feel. holiday meal letdown every year? Sometimes it is easier to take the All I want to do is cook and bake people we are closest to for with the love my grandma granted, and it is our job as family showed me many years ago when members to communicate hurt she taught me how to make her feelings. recipes. The rest of my family ——— appreciates what I do, but my Dear Annie: This is in response parents only seem to appreciate to “Put Out,” who was dismayed what people besides me do for that her son had invited her exthem. husband to live in the apartment — Holiday Heartbroken that they share: If Brad still does Dear Holiday Heartbroken: It not budge on getting his father seems as if consideration, man- (and “Put Out’s” ex-husband) to ners and kindness skipped a genleave the house they share after eration. Perhaps your mother is all the other avenues you menjealous of the bond you and your tioned are exhausted, then I say grandmother had, which could explain why she is acting so dis- “fight fire with fire” and invite missive of your hard work and Brad’s ex-wife to move in with efforts, especially if she is not a you. Even the mention of this to great cook herself. Also, your par- Brad could probably get the ents seem to want to impress desired effects that “Put Out” is their friends with fake compli- hoping for!

— Give It a Try ments. Raving over store-bought Dear Give It a Try: I think that cupcakes and not even acknowledging your homemade pumpkin would get the job done, too. pie is ridiculous.

This type of Sabrina is a small parental black cat with behavior short hair, yellow/ Have you lost a pet? is paingreen eyes, and Do you want to help shelter ful. The small bit of white animals get back home? best way on her neck. Indoor cat. No collar.

Please join the Yolo County to deal Missing from Oak Avenue and Lost and Found Pets Group on E. 14th street.

Last seen 12/24/20 with it is Facebook at facebook.com/ at Beech Lane and Mills Drive. to first to groups/yolopets Call/text anytime (510) 220-8446.

PUBLIC NOTICE Notice Inviting Bids NOTICE IS HEREBY GIVEN that Davis Joint Unified School District, California, acting by and through its Governing Board, hereinafter referred to as the District is requesting proposals, for the award of Erate contracts for the following: FY21, Form 470 #210008890, Category 1: Data Transmission and/or Internet Access FY21, Form 470 #210008891, Category 2: Internal ConnectionsHardware/Network Electronics Electronic proposals will be accepted up to but not later than, 4:00 PM PST January 25, 2021. The RFP and all addendum(s), questions and answers will be posted to the E-rate EPC website at https:// data.usac.org/publicreports/Forms/ Form470Rfp/Index The Board reserves the right to reject any or all proposals and to waive informality in any proposals received, even with SLD funding approval. In addition, the district reserves the right to deny any or all proposals associated with this RFP, even with SLD funding approval. The district reserves the right to accept the pricing proposal solely dependent upon SLD approval.

Publication Dates: December 30, 2020 and January 6, 2021 1091 ORDER TO SHOW CAUSE FOR CHANGE OF NAME Case Number: CV2020-1715 1. Jiayin Tan filed a petition with this court for a decree changing names as follows: Jiayin Tan to Tina Jiayin Tan 2. THE COURT ORDERS that all persons interested in this matter shall appear before this court at the hearing indicated below to show cause, if any, why the petition should not be granted.

NOTICE OF HEARING Date: January 29, 2021 Time: 9 a.m.

Dept: #9 Room: N/A The address of the court is 1000 Main Street, Woodland, CA 95695 3. a) A copy of this Order to Show Cause shall be published at least once a week for four successive weeks prior to the date set for hearing on the petition in the following newspaper of general circulation, printed in this county: The Davis Enterprise 315 G Street, Davis, CA 95616 Date: December 16, 2020 Daniel M. Wolk Judge of the Superior Court 12/23, 12/30, 1/6, 1/13 1096

• E-mail your public notice to legals@davisenterprise.net • Be sure to include your name and phone number • View public notices at www.capublicnotice.com

FICTITIOUS BUSINESS NAME STATEMENT Filed: December 21, 2020 FBN Number: F20201010 1. Fictitious Business Name(s) BITE FEAST PASSION FEAST 2. Street Address, City, State and Zip of Principal Place of Business in California.

Business is located in Yolo County.

206 Third Street Davis, CA 95616 3. List Full Name(s) of Registrant(s), Residence Address, State, and Zip WANDZ LLC 997 Masson Ave. San Bruno, CA 94066 4. Business Classification: Limited Liability Company 5. Beginning Date of Business: The Registrant(s) commenced to transact business under the fictitious business name or names listed above on: N/A “I declare that all information in this statement is true and correct.”

(A registrant who declares as true information which he or she knows to be false is guilty of a crime.)

6. Signature of Registrant(s): Larry Wong President, WANDZ LLC 12/23, 12/30, 1/6, 1/13 1097 PUBLIC NOTICE

CITY OF DAVIS ORDINANCE SUMMARY NOTICE IS HEREBY GIVEN on November 17, 2020, the City Council of the City of Davis, California, introduced, and on December 15, 2020, the City Council unanimously adopted an ordinance entitled: ORDINANCE NO. 2597 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DAVIS APPROVING THE FOURTH AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE CANNERY PROJECT The following description summarizes the aforementioned ordinance adopted by the City Council: Development Agreement. The Ordinance will amend the Development Agreement to The Cannery Project as the Fourth Amendment to the Cannery Development Agreement. The amendment removes a requirement that tied occupancy of the multifamily residential units to the construction and permitting of a minimum of 50% of the commercial buildings on the West Block of the Cannery Marketplace mixed-use area. It also adds a new requirement for the developer to provide certain temporary amenities for the community in the East Block area.

The above summary constitutes the major highlights of the adopted ordinance. A reading of the document in its entirety may be necessary to obtain a full understanding of the ordinance. A certified copy of the full text of the ordinance may be viewed by contacting the City Clerk’s Office, 23 Russell Boulevard, Davis, California, and/ or copies may be obtained at a nominal charge.

Additional information may be found at https://cityofdavis.org/city-hall/ community-development-andsustainability/development-projects/ the-cannery.

12/30 1103

and requirements are available at: https://landmarkconst.net/plan-room/.

Non-mandatory Subcontractor Job Walks will be held on January 5th, 2021 and January 13th, 2021 at 2PM. Interested subcontractors must RSVP attention Julie Hamblin, Bid Coordinator, via frontdesk@ landmarkconst.net. Any attendees will be required to adhere with the most current COVID-19 prevention protocols, including masks and social distancing.

Mechanical, Electrical, and Plumbing subcontractors planning to propose on these projects must be pre-qualified prior to submitting proposals or bids.

Prospective proposers or bidders must submit a pre-qualification questionnaire FICTITIOUS BUSINESS NAME and financial statement at least 10 STATEMENT business days prior to the date bids are Filed: December 28, 2020 due. All pre-qualification information FBN Number: F20201024 MUST be submitted to the District via 1. Fictitious Business Name(s) QualityBidders. Current and complete VELOCITY STRATEGIES prequalification information can be MEF CONSULTING 2. Street Address, City, State and Zip of found on the District’s website here: Principal Place of Business in California. https://djusd.net/departments/capital_ operations/capital_improvement. The Business is located in Yolo County. site includes a link to QualityBidders.

26957 E. El Macero Drive El Macero, CA 95618 DVBEs are encouraged to provide 3. List Full Name(s) of Registrant(s), proposals. Landmark is willing to break Residence Address, State, and Zip down work items into economically MEFC LLC feasible units to facilitate DVBE 26957 E. El Macero Drive participation. We are willing to assist El Macero, CA 95618 qualified DVBE firms in obtaining bonds, 4. Business Classification: lines of credit and/or insurance.

Limited Liability Company 5. Beginning Date of Business: The These projects are being delivered via Registrant(s) commenced to transact lease-leaseback and require a Skilled business under the fictitious business and Trained Workforce. name or names listed above on: 12/30 1108 March 9, 2011 FICTITIOUS BUSINESS NAME “I declare that all information in STATEMENT this statement is true and correct.”

(A registrant who declares as true Filed: December 16, 2020 information which he or she knows to be FBN Number: F20201006 false is guilty of a crime.)

1. Fictitious Business Name(s) 6. Signature of Registrant(s): Batchelder Real Estate Michael Faust 2. Street Address, City, State and Zip of President, MEFC LLC Principal Place of Business in California.

12/30, 1/6, 1/13, 1/20 1107 Business is located in Yolo County.

2917 Avila Bay Place PUBLIC NOTICE Davis, CA 95616 NOTICE INVITING SUBCONTRACTOR BIDS 3. List Full Name(s) of Registrant(s), Landmark Modernization Contractors Residence Address, State, and Zip dba Landmark Construction is inviting Batchelder Enterprises, Inc. qualified subcontractors to submit 2917 Avila Bay Place proposals for the Birch Lane ES, Cesar Davis, CA 95616 Chavez ES, North Davis ES and the 4. Business Classification: Corporation Willett ES Multipurpose Buildings 5. Beginning Date of Business: The Projects for our valued customer the Registrant(s) commenced to transact Davis Joint Unified School District. business under the fictitious business Bids are due on January 29, 2021 name or names listed above on: by 2PM. ALL bids will be received at December 1, 2020 the Landmark main office via email at “I declare that all information in frontdesk@landmarkconst.net. this statement is true and correct.”

The scope of work includes construction (A registrant who declares as true of a new one-story, fully sprinklered information which he or she knows to be Multipurpose Building at each named false is guilty of a crime.) school site, including music classroom, 6. Signature of Registrant(s): kitchen, servery, platform and related site John Batchelder work. A complete set of bid documents 12/30, 1/6, 1/13, 1/20 1110

B4 THE DAVIS ENTERPRISE

Legals@DavisEnterprise.net

to roads have an increased risk of falling onto the roads during a wildfire disaster or high windstorm event as compared to ORDINANCE NO. 1531 healthy trees. This endangers primary AN URGENCY ORDINANCE OF THE and secondary evacuation routes in the YOLO COUNTY fire area, which could lead to increased BOARD OF SUPERVISORS loss of life during a future fire.

ESTABLISHING REQUIREMENTS AND P. Of paramount importance to the Board PROCEDURES FOR THE REMOVAL OF and the residents of the County is the FIRE DEBRIS FROM PRIVATE PROPERTY protection of lives and property from the FOLLOWING THE LNU COMPLEX FIRE threat of fire, including proper mainteThe Board of Supervisors of the County nance of evacuation routes and the safeof Yolo, State of California, hereby ordains ty of fire and law enforcement personnel as follows: during wildfires.

1. Legal Background and Findings.

Q. Dead and dying trees suffer an increased risk of pest infestation, such as This Urgency Ordinance is adopted purbark beetles. When dead or dying trees suant to California Government Code are infested with pests, this also exposes Sections 25123(d) and 25131 and shall take effect immediately upon its approv- the healthy trees in close proximity. The healthy trees are then endangered by al by at least a four-fifths vote of the the pests, which potentially creates more Board of Supervisors. The Board, in confuel for future fires, which increases the sultation with the Local Health Officer, finds that this Ordinance is necessary for future fire risks in the fire are the immediate preservation of the public R. The fire damaged trees from the LNU peace, health and safety, based upon the Complex Fire justifies County action to following facts: reduce the risk posed by fire damaged standing trees.

A. California Government Code Section 8630 empowers the County S. Trees will be assessed for: Administrator to proclaim the existence a. Fire damage; of a local emergency when the county is b. Diameter of six (6) inches or greater affected or likely to be affected by a pubmeasured 4.5 (four and one-half ) feet lic calamity, subject to ratification by the above ground level; Board at the earliest practicable time. c. Immediate threat to life, public health B. On September 11, 2020, the County and safety, as a result of threatening Health Officer proclaimed the existence public rights-of-way; and meet one (1) or of a state of local health emergency more of the following criteria: within the county due to the Lightning i. Have a split trunk; Complex Fire (“LNU Complex Fire” of “fire”). ii. Have a broken canopy; or C. On September 15, 2020, the Board rati- iii. Is leaning at an angle greater than fied the declaration of local health emer- thirty (30) degrees; gency pursuant to Health & Safety Code T. For those trees which met the defined section 101080. criteria, the arborists employed the ISA's D. On October 6, 2020, the Board contin- Tree Risk Assessment methods to assess ued the local health emergency for an a tree's risk ratings, which was based on additional 30 days. the health of the tree and the tree's relation to public rights-of-way.

E. On August 22, 2020, the President of the United States declared the existence U. The County recommends removal of of a major disaster in the State of all hazard trees which meet the defined California, providing assistance from criteria and are rooted along the many federal agencies, including the County’s right-of-way.

Federal Emergency Management Agency V. A purpose of this article is to establish (FEMA). a hazard tree abatement program that F. Government Code § 8634 authorizes protects the lives and property of the the County to promulgate rules and reg- public living in and traveling through the ulations in the event of a declared state County, and the environment. of emergency. Such rules and regulaW. The Board finds that hazard trees pose tions may apply throughout the County, a danger to the health, safety and welincluding within incorporated as well as fare of the general public in the vicinity unincorporated territory. Government of any real property located throughout Code § 53069.4 authorizes the Board of the territory of the County for the reaSupervisors to set administrative penalsons set forth above. Therefore, all hazard ties for violation of any County orditrees located on real property within the nance. unincorporated area of the County are G. There exists the potential for widedeemed a public nuisance and pose a spread toxic exposures and threats to hazard to the safety of the landowners, public health and the environment in the residents in the vicinity, users of roads aftermath of a major wildfire disaster, and to the public generally. and debris and ash from residential and X. It is imperative that the County implecommercial structure fires contain hazment immediate and aggressive meaardous materials and the harmful health sures to identify and fell the trees that effects of hazardous materials produced are dead and dying as a result of the LNU by a wildfire are well-documented.

Complex Fire to immediately eliminate or H. The combustion of building materials reduce the risks to life, public health and such as siding, roofing tiles, and insulasafety, infrastructure, forest health and tion results in dangerous ash that may the community at large. contain asbestos, heavy metals and other 2. Urgency Ordinance. Based on the hazardous materials. Household hazardfindings in Section 1, and under authorious waste such as paint, gasoline, cleanty given by the Government Code and ing products, pesticides, compressed gas Health & Safety Code of the State of cylinders, and chemicals may have been California, the Board of Supervisors herestored in homes, garages, or sheds that by adopts the LNU Complex Fire Debris may have burned in the fire, also produc- Removal Ordinance attached hereto as ing hazardous materials.

Exhibit A on an urgency basis.

I. Exposure to hazardous materials may 3. Severability. lead to acute and chronic health effects The provisions of this Ordinance are sepand may cause long-term public health arate and severable. If any provision of and environmental impacts. this Ordinance is for any reason held by a Uncontrolled hazardous materials and court to be unconstitutional or invalid, debris pose significant threats to public the Board declares that it would have health through inhalation of dust partipassed this Ordinance irrespective of the cles and contamination of drinking water invalidity of the provision held to be supplies. Improper handling can expose unconstitutional or invalid. Such unconresidents and workers to toxic materials, stitutionality or invalidity shall therefore and improper transport and disposal of not affect the remaining provisions of fire debris can spread hazardous subthis Ordinance, or the validity of its applistances throughout the community. cation to other persons or circumstances.

J. Standards and removal procedures are needed immediately to protect the pub- 4. Effective Date and Publication. lic health and environment, and to facili- This Ordinance shall take effect immeditate coordinated and effective mitigation ately as an urgency ordinance upon its of the risks to the public health and envi- passage by a 4/5 or greater vote of the ronment from the health hazards gener- Board of Supervisors. A fair and accurate summary of this Ordinance shall be pubated by the fire.

K. The LNU Complex Fire has created haz- lished once within 15 days of its passage ardous waste conditions in the county in or as may otherwise be required by state law. the form of contaminated debris from AYES: PROVENZA, CHAMBERLAIN, household hazardous waste/materials VILLEGAS, SAYLOR. SANDY. and structural debris resulting from the destruction of thousands of structures.

NOES: NONE. This hazardous waste debris poses a sub- ABSENT: NONE. stantial present or potential hazard to ABSTENTION: NONE. human health and the environment until __________________________ the property is certified clean. The accumulated exposure to hazardous waste Gary Sandy, Chair debris over an extended period poses a Yolo County Board of Supervisors severe hazard to human health.

L. The DTSC has issued reports regarding Attest: Julie Dachtler, Senior Deputy the assessment of burn debris from wildClerk fires in the past. The studies of burned Yolo County Board of Supervisors residential homes and structures from Approved as to Form: large scale wildland fires indicated that the resulting ash and debris can contain By:______________________________ asbestos and toxic concentrated Senior Deputy (Seal) amounts of heavy metals such as antiBy:________________________ mony, arsenic, cadmium, copper, lead, and zinc. Additionally, the ash and debris Eric May, Senior Deputy County Counsel may contain higher concentrations of lead if the home was built prior to 1978 Section 1: Citation when lead was banned from household 1.1 Citation. paint in the United States. The reports indicated that the residual ash of burned This Ordinance may be referred to as the “LNU Complex Fire Debris Removal residential homes and structures has high concentrations of heavy metals that Ordinance.” can be toxic and can have significant Section 2: Debris Removal impact to individual properties, local 2.1 Definitions. communities, and watersheds if the ash "Alternative Program." For purposes of and debris is not removed safely and this Article, the term "Alternative promptly. The purpose of the structural Program" shall mean the requirements debris removal program is to remove for inspections, clean up and disposal debris that poses a risk to health and/or established by the County for property the environment. owners that opt out of or are ineligible M. Hazard trees pose a significant danger for a State Program. to the health, safety and welfare of the "Board." The term "Board" means the public by fueling and propelling wildfires, thereby increasing the potential for Board of Supervisors. a severe fire and endangering lives, prop- "Director." The term Director shall mean the County Director of Community erty and the environment. Increasingly dry summers and severe wind events fur- Services and his/her designee. ther exacerbate the fire danger and have "State Program." For purposes of this artithe potential to result in catastrophic fire cle, the term "State Program" shall mean losses to life, property and the environfire damage debris clearance program ment. operated by State Partnership for the LNU Complex Fire in conjunction federal N. Dead trees that fall on the forest floor agencies. over time further complicate the fire environment by adding a large amount "Phase I." For purposes of this article, the of down and dead fuel that will add to term "Phase I" shall mean the hazardous surface fire intensity and make control waste cleanup performed by the United efforts difficult.

States Environmental Protection Agency (EPA) and/or Department of Toxic O. Dead and dying trees pose a life hazSubstances Control (DTSC) on certain ard to firefighters, first responders and properties impacted by the LNU the general public if exposed to fire or Complex Fire. high windstorm events. Standing trees that are dead or dying and are adjacent "Phase II." For purposes of this article, the PUBLIC NOTICE

WEDNESDAY, DECEMBER 30, 2020

term "Phase II" shall mean the ash and debris cleanup work performed pursuant to the State Program and/or the alternative program.

"Private Action." For the purposes of this article, the term "private action" shall mean the removal of fire debris from private property damaged by the LNU Complex Fire by persons not eligible for or opting out of the State Program and participating in the alternative program.

"Qualifying structure." For the purposes of this article, the term "qualifying structure" shall mean a structure of one hundred twenty (120) square feet and over.

"Removal of Fire Debris." The term "removal of fire debris" as used in this article includes all cleanup of fire debris from structures resulting from the LNU Complex 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.

"Right of Entry Permit." The term "Right of Entry Permit" means the Debris Removal Right-of-Entry (ROE) Permit (For Providing Debris Removal on Private Property) approved by the California Office of Emergency Services for use in the cleanup after the LNU Complex Fire.

"Temporary Log Storage Yards (AKA: Log Decks)." For purposes of this article, a site where piles of logs and other piles of vegetation removed from the LNU Complex Fire affected area are temporarily stored and processed before transfer to trucks or rail. The logs and vegetation must be associated with the LNU Complex Fire recovery effort, i.e., logs and vegetation that are burn-damaged or otherwise removed due to safety issues associated with the LNU Complex Fire. Logs and wood waste originating from routine utility line maintenance shall not be stored at temporary log storage yards. This definition does not apply to logs and/or vegetation harvested or cleared as part of a timber harvest plan or exemption under the forest practice rule that are stored and/or processed on the property on which they were harvested or cleared. This definition only applies to logs and vegetation transported to another property. 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 yards 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 the yard, but not residences other than the transitory use of a recreational vehicle for a temporary caretaker quarters in conformance with this ordinance.

2.2 Effective period This article relating to debris removal shall take effect immediately upon adoption and shall remain in effect until the removal of fire debris has been completed on all properties damaged by the LNU Complex Fire. Regardless of when the removal of fire debris has been completed, provisions herein relating to temporary log storage yards, as well as any sections within this article that relate to it, shall remain in effect until 02/28/2021, unless otherwise specified herein, subject to extension or modification by the Board.

2.3 Prohibition on removal of fire debris from private property.

No fire debris from structures shall be removed from private property except pursuant to the requirements below:

properties is prohibited unless and until a hazardous materials inspection has been performed and authorization from the Department of Community Services, Environmental Health Division has been provided pursuant to the alternative program.

The alternative program shall require an application and work plan 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 County approves the application and work plan. The County may rely upon the subject matter expertise of multiple departments in deciding whether to approve the application and work plan.

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; (2) remove and dispose of hazardous trees and (3) 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.

For the purposes of this article, the requirement to enter into the State Program or the alternative program shall apply only to properties that contained a qualifying structure under the State Program. The requirement 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 his or her designee, in consultation with State Representative.

2.4 Removal of fire debris through the OES program.

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

Notwithstanding any contrary provision in County Code, no County approvals or permits for fire debris removal are required for properties participating in the State Program, other than the right of entry agreement.

2.5 Removal of fire debris through the alternative program.

The County shall administratively adopt and administer the alternative program in the unincorporated areas of the County under the supervision of the County Administrator or his or her designee. The County shall utilize the state and federal standards and cleanup goals of the OES Program as the standards for the alternative program. Under the Supervision of the County Administrator or his or her designee, the County may administratively update these standards as necessary to address ongoing changes in the administration of the OES Program and the need to efficiently remove hazardous fire debris from the community.

For those persons who are not eligible for the State Program, or who opt out of the State Program, private action to remove fire debris from fire-damaged

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 25845, and the County Code, if the Director determines that a violation of this article has created an emergency condition which seriously endangers the public health or safety, the County may abate the condition within the unincorporated territory of the County. The costs shall be charged to the property owners(s) and the County may, at its option, recover the same in an administrative action as described below or a civil action. Such charges shall be in addition to any penalty for a violation of this article.

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.

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 Health Officer or his or her designee 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 Health Officer or his/her designee shall review the appeal and shall issue a written decision (the "decision") no later than ten (10) calendar days after receipt. The

2.6 Hold on building permits.

Any issued County of Yolo 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 County Building Official, either through the State Program or through the alternative program.

Notwithstanding the foregoing, this section shall not apply to permits relating to power, sewer or other utilities for temporary dwellings as provided for in this chapter.

2.7 Deadlines and enforcement.

The Board may set a deadline for filing an acceptable application for the alternative program by resolution.

Properties that have fire ash and debris from the LNU Complex Fire and that have neither an approved Right of Entry Permit for the State Program nor an approved application for the alternative program by the deadline set by the Board are declared a nuisance and health hazard and such properties may be abated pursuant to this chapter.

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

The Board's intent is to facilitate orderly remediation of a large scale disaster.

Nothing in these deadlines shall limit the authority of the County to abate hazards more quickly where required by exigent circumstances. Nothing in this article or in these deadlines shall limit the authority of the Health Officer to require preventive measures as defined in California Health and Safety Code Section 101040.

2.8 Enforcement and Abatement General Enforcement action.

When the Director determines that an activity is being performed in violation of this article, the Director may initiate an enforcement action using any processes set forth in the Yolo County Code and may seek the imposition of costs and civil penalties pursuant to the County

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.

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 County; (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 County'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.

Post Abatement Costs Appeal.

If the property owner(s) or anyone with a legal interest in the property submits a timely costs appeal, the County shall schedule an administrative hearing on the matter and provide the appeal party with reasonable notice of the hearing.

The hearing conducted shall be held before a Hearing Officer designated pursuant to the protocol set forth in that document entitled the "Yolo County Administrative Hearing Officer Program."

The program is based upon an alphabetical rotation through attorneys currently under contract through the program. The hearing officer shall conduct an administrative hearing where each party shall have the opportunity to present evidence and the County 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.

2.9 Judicial enforcement action.

The County Counsel is authorized to initiate judicial enforcement as to a violation of any provision of this article without further Board approval.

2.10 Remedies not exclusive.

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 article shall be cumulative and not exclusive.

2.11 Allowed Zones Natural Resource Zones.

Timber processing, as defined by the County Zoning Ordinance is allowed byright in the Timber Mountain (TM) and Timber Production (TPZ) zones. The provisions of this section do not apply to log storage yards in these zones.

Industrial Zones.

Timber processing, as defined by the County Zoning Ordinance is allowed byright in the Heavy Industrial (HI) zone, and with a conditional use permit in the General Industrial (GI) zone. The provisions of this section do not apply to log storage yards in these zones.

Zones Requiring an Administrative Permit.

Temporary log storage yards are allowed subject to approval of a temporary administrative permit and compliance with the standards set forth below in the following zones: Agriculture (AG) Zones, limited to those Agricultural zones classified as Grazing or Other lands by the California Department of Conservation's Farmland Mapping Program. Parcels shall be located near state highways or truck haul routes that access the LNU Complex Fire area and outside of urban or congested areas.

Standards.

All temporary log storage yards shall meet the following standards: Application for Temporary Administrative Permit.

The property owner or the property owner's authorized agent shall obtain a temporary administrative 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 administrative 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 onsite or the location of any activity requires the owner or operator to apply for a new temporary administrative 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.

Approved Access.

Temporary log storage yards shall have access onto a public road. If the public road is a county road, the approach shall be made with an encroachment permit approved by the Division of Public Works.

If the public road is a state

THE DAVIS ENTERPRISE highway, the approach shall be made with an approved encroachment permit issued by the California Department of Transportation (CalTrans) District Office. If the public road is accessed by a private road, there shall be an approved encroachment permit as required in the prior two sentences where the private road connects to the public road, and there shall be an approved road maintenance agreement that allows for the proposed use along the private road.

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 6-inch Class 2 aggregate base, a minimum width of twenty-five (25) feet, and shall be capable of supporting a forty thousand (40,000) lb. 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 fifty (150) 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. CALFIRE 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 Department of Development Services 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.

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 County 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 (1) 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 (1) 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.

When a fire starts, a telephone call must 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 administrative permit for review and approval by fire officials.

Smoking may only occur in designated locations shown on the site plan.

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 marshal.

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.

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.

All piles shall be monitored by a means approved by the fire marshal 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 administrative permit for review and approval by fire officials.

Regular inspections of the temporary log storage yard by trained fire personnel shall be allowed and facilitated by the facility operator.

Cutting activities shall comply with California Fire Code Chapter 35.

Yolo County, Environmental Health Division Standards.

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, 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.

For sanitation purposes there shall be a minimum of one (1) portable toilet and one (1) handwash station at the facility for employee use. The portable toilet shall be routinely serviced by a licensed service provider.

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 must meet the following requirements: if there are twenty-five (25) or

Legals@DavisEnterprise.net more people/day consuming the water, the facility operator shall contact the County Environmental Health Division for public water system permitting requirements and must 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 County Environmental Health Division. If bottled water is provided, there are no requirements for testing.

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 Department of Community Services.

Yolo County Public Works Division Standards.

Perimeter stormwater control—When the 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 CA Water Quality Control Board's Construction General Permit 2009-009DWQ. All natural drainage that enters the project area must leave the project area at its original horizontal and vertical alignment and with the same preimprovement 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/201510/documents/fact3-1.pdf ) or are fully stabilized with erosion control measures are not required to install sediment control basins.

Water quality and erosion control— When submitting an application for a temporary log storage yard, any surface disturbance over one (1) 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 (1) 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 CA Water Quality Control Board's Construction General Permit 2009-009DWQ. Upon completion of the project, all temporary sediment control measures shall be removed from the site.

All permanent sediment control measures must 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 Director of Development Services to address: Mobile and stationary toxic air contaminants; and Fugitive dust and ash. Best practice measures shall comply with the County Air Quality Management District's Rule 205—Fugitive Dust Requirements and shall include, but not be limited to, the following: Reduce the amount of the disturbed area where possible. Stabilize disturbed area soils during use and at project completion.

Apply water or a stabilizing agent in sufficient quantities to prevent the generation of visible dust plumes.

Limit vehicle speeds to fifteen (15) miles per hour on any unpaved surfaces at the project site.

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.

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 County 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 7:00 p.m. to 7:00 a.m. seven (7) days a week. During quiet hours, generators and heavy equipment shall not be operated and noise levels shall conform to County Code. Outside of quiet hours, noise sources associated with temporary log storage yards shall be exempt from the requirements of County Code.

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 the County Zoning Ordinance.

Reclamation Required. The application for a temporary administrative 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 Director of Development Services.

There shall be no grading of the site without the prior approval of the Director of Development Services, but if grading is allowed, topsoil shall be conserved to be used for reclamation.

At minimum, a plan for restoration or reclamation shall include: Clearance of the site of all vehicles, equipment and materials utilized as part of the temporary log storage yard; and Stabilization of the site, implementation of erosion control measures, and successful revegetation to the satisfaction of the Director of Development Services in order to render the site suitable for the use for which it was zoned, for example: Continued agricultural production in the case of lands zoned Agriculture (AG).

Performance Guarantee.

In approving a temporary administrative permit for a temporary log storage yard, the Director of Development Services shall require a performance guarantee 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 Director of Development Services.

Lands shall be restored or reclaimed to the satisfaction of the Director of Development Services 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 administrative permit may be subject to additional requirements from the appropriate Fire Agency, County Public Works, County Air Quality Management District, the California Department of Transportation, the County Health and Human Services Agency, and the State Regional Water Quality Control Board.

Notice.

At least ten (10) days prior to issuance of a temporary administrative permit, pursuant to this section, the County Department of Development Services 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 County administrative permit number, as well as the name, phone number and email of a designated contact for concerns regarding the yard's operation. The temporary administrative 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 administrative permit, to mitigate impacts to uses on surrounding properties. Unless otherwise appealed, the decision of the Planning Commission shall be final.

2.12 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 Director of Development Services may initiate enforcement using any process set forth in the County Code.

Nothing in this provision is intended to prevent alternative enforcement mechanisms.

Section 3 - Hazard Tree Removal Program 3.1 Hazard tree removal program.

Any tree that was fire damaged in the LNU Complex Fire and that is in immediate danger of falling onto an eligible road or parcel is a hazardous tree that must be removed to eliminate the immediate threat to the public at large.

This article establishes a hazardous tree removal program that is mandatory and sets forth the manner in which hazardous trees will be identified and removed.

3.2 Effective period.

The Hazard Tree Removal Program shall take effect immediately upon adoption of this article and shall remain in effect until the removal of hazard trees has been completed.

3.3 Definitions.

"Arborist." The term "Arborist" shall be defined as an ISA Certified Arborist with a Tree Risk Assessment Qualification (TRAQ).

"Arborist's/Forester's Certification." The term "Arborist's/Forester's Certification" shall be defined as a written certification verifying that all hazard trees have been removed from a parcel participating in the Private Tree Program. The certification shall be made and executed by an Arborist and/or Forester as defined in this section. The Arborist or Forester shall provide evidence of the required qualifications of this section.

"Board." The term "Board" shall be defined as the Board of Supervisors.

"County." The term "County" shall be defined as the County of Yolo.

"Enforcement Officer." The term "Enforcement Officer" shall be defined as the County Administrative Officer of the County or his/her designee(s). Such designee(s) may be a County employee(s) or third-party provider(s).

"Eligible Road(s) or Parcel(s)." The term "eligible road(s) or parcel(s)" shall be defined as a road, right-of-way or parcel falling into one of the following categories: I. A public road or right-of-way; II. An improved public property; or III. A private road or right-of-way when

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the private road: a. Connects two public roads; b. Is primarily used as a right-of-way to a public property; or c. Is used for waste collection services.

"Forester." The term "Forester" shall be defined as a Registered Professional Forester, qualified pursuant to California Public Resources Code Section 752, "Professional forester."

"Government Hazard Tree Removal Program." The term "Government Hazard Tree Removal Program" shall be defined as the hazard tree removal program operated by the California Office of Emergency Services (CalOES) for the LNU Complex Fire area in conjunction with other state and federal agencies.

"Government Hazard Tree Removal Program ROE." The term "Government Hazard Tree Removal Program ROE" shall be defined as the permit for providing hazard tree removal on private property approved by CalOES for use in the cleanup after the LNU Complex Fire.

"Hazard Tree." The term "hazard tree" shall be defined as: 3.3 Government hazard tree removal program.

The Government Hazard Tree Removal Program will remove all hazard trees at no out-of-pocket cost to the owner. If an owner does not participate in the Government Hazard Tree Removal Program, and there are hazard trees on their property, the owners are required to identify and remove such trees at their own cost.

To participate in the Government Hazard Tree Removal Program, owners must complete and submit a Government Hazard Tree Removal Program ROE. The Government Hazard Tree Removal Program ROE shall function as the sole permit and authorization for participation in the Government Hazard Tree Removal Program. Notwithstanding any contrary provision in the County Code, no County approvals or permits for hazard tree removal are required for properties participating in the Government Hazard Tree Removal Program, other than the Government Hazard Tree Removal Program ROE. If owners whose property contains hazard trees do not participate in the Government Hazard Tree Removal Program (at no out-of-pocket cost to owner) or the Private Tree Program (all costs paid by owner), the County will enforce this and charge the owners with any administrative and abatement costs related to such enforcement as described below.

In implementing this program, property owners who have submitted an application for a development permit shall be given priority in the Government Hazard Tree Removal Program.

3.4 Public nuisance; violations.

Maintaining a hazard tree is prohibited and a public nuisance subject to this article. A violation of any provision of this article shall be deemed to be a public nuisance and subject to any enforcement process available at law.

3.5 Purpose.

It is the intent of the board of supervisors that this article shall apply to the abatement of hazard trees threatening eligible roads or parcels in the unincorporated areas of the LNU Complex Fire area.

3.6 Private hazard tree removal program.

As an alternative to the Government Hazard Tree Removal Program, the Private Tree Program provides the owner with the option of identifying and removing hazard tree(s) on their property at their own cost. To participate in the Private Tree Program, owners shall submit either of (1) an inspection access form or (2) an Arborist's/ Forester's Certification for their property. Following the owner's identification and removal of hazard trees and submittal of an inspection access form, the Private Tree Program shall require the Enforcement Officer to make a visual confirmation of the removal of hazard trees on the subject property. This visual inspection of compliance with the Private Tree Program shall be sufficient for meeting the requirements of this Section. Whether the hazard tree removal is adequate shall be in the sole discretion of the Enforcement Officer.

In the alternative, a submittal of an Arborist's/Forester's Certification shall be sufficient for meeting the requirements of this section.

Notwithstanding anything herein to the contrary, in the Private Tree Program, owners may choose to temporarily retain and promptly utilize felled hazard trees which were standing on their property. This temporary retention and utilization by the owner shall be permitted only to the extent felled hazard trees and incidental foliage, slash, tree branches or limbs and chipped or mulched vegetation do not constitute a fire hazard as prohibited by applicable law, including, but not limited to, California Public Resources Code Section 4291 et seq., Title 19 of the California Code of Regulations and Chapter 38A of the Butte County Code.

Such requirements include but are not limited to the following: In storing such hazard trees prior to utilization, an owner shall be required to: I. Maintain a setback of no less than one hundred (100) feet from any inhabited building or structure; II. Maintain a setback of no less than thirty (30) feet from any uninhabited building or structure; and III. Maintain a setback around the parcel's property lines of no less than thirty (30) feet wide.

If an owner utilizes felled hazard trees for wood chips, the owner shall be required to spread the wood chips to a depth of no greater than three (3) inches while maintaining a setback of no less than five (5) feet from any building or structure.

If any temporary retention and utilization of hazard trees constitutes a fire hazard, it is a public nuisance and may be abated using any available legal

remedy. If the owner chooses to temporarily retain and utilize felled hazard trees, the owner is required to utilize such hazard trees prior to the Enforcing Officer's visit to the property to confirm compliance with the Private Tree Program.

For the purposes of this Section, any temporary retention and utilization of felled hazard trees by the property owner is not a Temporary Log Storage Yard (AKA: Log Deck) as described above. Owners may not receive felled trees from other properties.

The County shall utilize the state and federal standards and cleanup goals of the Government Hazard Tree Removal Program as the standards for the Private Tree Program, including, but not limited to, the criteria for determining whether a tree is a hazard tree. Under the supervision of the Enforcement Officer, the County may administratively update these standards as necessary to address ongoing changes in the administration of the Government Hazard Tree Removal Program and the need to efficiently remove hazard trees from the community.

3.7 County development permits.

No application for a County Development permit in the LNU Complex Fire area for a parcel containing hazard trees shall be considered complete until the applicant has entered into the Government Hazard Tree Removal Program or the Private Tree Program. This section shall not apply to permits relating to power, sewer or other utilities for temporary dwellings and the installation of temporary dwellings.

This section shall not apply to permits for wells or septic systems with the environmental health division of community services.

3.8 Deadlines and enforcement.

Properties that contain hazard trees and that do not have (1) an approved Government Hazard Tree Removal Program ROE, (2) an approved inspection access form for the Private Tree Program or (3) an approved Arborist's/ Forester's Certification by the deadline set by the Board, are declared a public nuisance and health hazard and such properties may be abated pursuant to this article.

The Board may set a deadline for the completion of hazard tree removal by resolution. Properties that have hazard trees from the LNU Complex Fire after that deadline are declared a public nuisance and health hazard and such properties may be abated pursuant to this article.

The Board's intent is to facilitate orderly remediation of a large scale disaster.

Nothing in these deadlines shall limit the authority of the County to abate hazards more quickly where required by exigent circumstances.

3.9 Enforcement.

Whenever the Enforcement Officer determines that a public nuisance (as specified in this article) exists, he or she shall use any legal remedies available under California law to address and abate the public nuisance.

The County may, in its discretion, abate a violation of this article by the prosecution of a civil action, including an action for injunctive relief. The remedy of injunctive relief may take the form of a court order, enforceable through civil contempt proceedings, prohibiting the maintenance of a violation of this article, or requiring compliance with other terms.

The County may also abate a violation of this article through the abatement process established by Government Code Section 25845.

If a public nuisance is found to be present on the property in violation of this article, the Enforcement Officer shall pursue payment for Abatement and Administrative Costs from the owner and the owner of the property shall be responsible for paying all of the County's Abatement Costs and Administrative Costs.

3.10 Abatement costs; administrative costs.

The term "Abatement Costs" means any costs or expenses reasonably related to the abatement of conditions which violate this article of the County Code, and shall include, but not be limited to enforcement, investigation, collection and administrative costs, and the costs associated with the removal or correction of the violation.

The term "Administrative Costs," shall include the cost of County staff time reasonably related to enforcement, for items including, but not limited to, site inspections, travel time, investigations, telephone contacts and time spent preparing summaries, reports, notices, correspondence, warrants and hearing packets. The time expended by the Enforcement Officer and AuditorController staff, to calculate the above costs and prepare itemized invoices, may also be recovered.

3.11 Non-exclusive remedy.

This article is cumulative to all other remedies now or hereafter available to abate or otherwise regulate or prevent public nuisances. The County Counsel is authorized to initiate judicial enforcement as to a violation of any provision of this article without further Board approval.

3.12 Summary abatement.

Notwithstanding any other provision of this article, when any hazard tree constitutes an immediate threat to the public health or safety, and where alternative procedures would not result in abatement of that public nuisance within a short enough time period to avoid that threat, the Enforcement Officer may direct any officer or employee of the County or third-party provider to summarily abate the public nuisance. The Enforcement Officer shall make reasonable efforts to notify the owner. No summary abatement shall occur prior to consultation with the Office of County Counsel. The County may nevertheless recover its costs for abating that public nuisance in the manner set forth in this article.

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