Agenda packet — Fort Jones City Council, February 15, 2022

Town of Fort Jones ● 11960 East Street ● Fort Jones, CA 96032 ● 530 468-2281 .

AGENDA
Regular Meeting
City Hall 11960 East St. Fort Jones
TUESDAY February 15, 2022 – 7:00 P.M.

The Fort Jones City Hall will be open to the public for this meeting and it will also be available to attendees via Zoom for those that want to participate remotely

VIRTUAL MEETING
Due to the COVID-19 Virus, and the State of Emergency issued by the State of California and Siskiyou County, with authorization from the Governor’s Executive Order allowing local governments to hold meetings via teleconference and to make meetings accessible electronically, this meeting will be held remotely through the web platform zoom.com. The Call-in number for anybody without access to a computer and internet is:
1-669-900-9128
Meeting ID: 819 1265 3076
Log on to Zoom.com in order to access the meeting via computer.

Meeting Name: Fort Jones Town Council Meeting
URL: https://us02web.zoom.us/j/81912653076
No Password Needed
Contact Karl Drexel at [email protected] (707) 318-7369 with any questions or problems.

CALL TO ORDER:

Fort Jones City Council Roll Call: Mayor: DeCausmaker______ Members: Garcia_____ Banks Beckwith _____ Vacant_______
PLEDGE OF ALLEGIANCE:

PUBLIC COMMENTS:

Discussion items only, no action to be taken. Any person may address the Council at this time upon any subject within the jurisdiction of the Town of Fort Jones; however, any matter that requires action may be referred to staff and/or Committee for a report and recommendation for possible action at a subsequent Council meeting. There is a five (5) minute limit per topic.

CITY COUNCIL VACANT SEAT APPLICATIONS – Vote for replacement

1. Alex LaRiviere

2. Leroy Nelson

3. Everett Hullquist

4. Mark Gepford
February 15, 2022 Page 2
Town of Fort Jones ● 11960 East Street ● Fort Jones, CA 96032 ● 530 468-2281 DISCUSSION / REPORTS / CORRESPONDENCE: NON-ACTION ITEMS:

A. Police Department Monthly Report
B. Fire Department Monthly Report
C. Code Enforcement
D. Public Works Monthly Report
E. Administrator’s Reports
CONSENT CALENDAR:

Items listed on the consent agenda are considered routine and may be enacted in one motion.

Any item may be removed for discussion at the request of the Council or the Public.

1. a) Approval of Minutes: Regular Meeting January 10, 2022 b) Ratification of Disbursements: January 1 through January 31, 2022 c) Approve Payables for February 2022
d) Receive and Review YTD P&L
PUBLIC HEARING: ORDINANCES AN RESOLUTIONS

2. Review and Approve Second Reading and adoption of Ordinance 2022-1 re FOG Program

3. Review and Approve Second Reading and adoption of Ordinance 2022-2 re Opting into the Siskiyou County Integrated Solid Waste Management Regional Agency’s Edible Food Recovery Ordinance.

4. Review and Approve First Reading of Ordinance 2022-3 re Creating a Public Nuisance Ordinance

5. Review and approve Resolution 1101 Establishing Certain Fees for Nuisance violations

6. Review and Approve First Reading of Ordinance 2022-4 re Abandoned or Wrecked Vehicle Ordinance

7. Review and Approve Resolution 1102 Establishing Certain Fees for Vehicle violations

8. Review and Approve First Reading of Ordinance 2022-5 an Amendment to Chapter 8 Health and Safety Ordinance
DISCUSSION / REPORTS: ACTION ITEMS:

9. Discuss and approve using the Housing and Community Development’s Permanent Local Housing Allocation (PLHA) for Youth Shelter

10. Abatement Process on Motel update

11. Lien Process on Gwin Property and Silva Property Update

12. Bev White Tournament Letter

13. Seasonal Firefighter

14. Kevin Hullquist Use Permit for Storage Units

15. Review and Approve Resolution 1103 Opposing the State Initiative Cal Cities is opposing.

16. Discussion regarding replacement of root bound sewer line next to Cal Fire STAFF COMMENTS:

COUNCIL MEMBER COMMENTS:

ADJOURNMENT: The next Fort Jones City Council Meeting is scheduled to be held on March 14, 2022, at 7:00 p.m.

From: Celeste McFall
To: Karl Drexler
Subject: FW: City Council Application
Date: Monday, January 24, 2022 2:32:53 PM
Celeste McFall
Office Manager
The Town of Fort Jones
“Gateway to the Marble Mountains”
11960 East St.

Fort Jones, CA 96032
(530) 468-2281
www.fortjonesca.org
From: Alexander LaRiviere <[email protected]>
Sent: Monday, January 24, 2022 2:31 PM
To: Celeste McFall <[email protected]>
Subject: Re: City Council Application
1/24/2022
Dear Celeste McFall:

I received your email with my attached letter dated 1/23/2022 and the "full City Council Application".

Are you refusing to accept my City Council Application letter dated 1/23/2022? I believe my letter is more than sufficient for me to apply for the City Council Position. By refusing to accept my City Council Application "AS IS", it is my belief that you are violating my Constitutional Rights. Please respond to this email immediately, and please make your position clear. Sincerely, Alexander W. LaRiviere.

From: Celeste McFall <[email protected]>
Sent: Monday, January 24, 2022 10:32 AM
To: Alexander LaRiviere <[email protected]>
Subject: RE: City Council Application
Good morning Alexander,
Thank you for your letter of interest in the vacant Fort Jones City Council seat.

Please find attached the full City Council application. Please complete and return by 5 p.m. on January 28,2022.

Thank you,
Celeste McFall
Office Manager
The Town of Fort Jones
“Gateway to the Marble Mountains”
11960 East St.

Fort Jones, CA 96032
(530) 468-2281
www.fortjonesca.org
From: Alexander LaRiviere <[email protected]>
Sent: Sunday, January 23, 2022 12:30 PM
To: Celeste McFall <[email protected]>
Subject: City Council Application
Dear Celeste:

Attached please find my City Council Appointment Application. Best regards, Aleander W.

LaRiviere.

REPORTS & CORRESPONDANCE

To City Council,
The Fire Department responded to 53 calls for service in the month of January. Members participated in 12 hours of scheduled training and numerous hours of online training. The Fire department has responded to 53 calls year to date.

January 2022 Calls
Call Type City Limits Out of City
MEDICAL AID 12 18
PUBLIC ASST. 9 3
VEG. FIRE
STU. FIRE
0 0
0 1

TRAFFIC ACCIDENT

FIRE ALARM

ANIMAL RESCUE

VEHICLE FIRE

FLU FIRE

CANCELLED
0 2
0 1
0 0
4 0
1 0
1 1
Total 24 29
Engine 1310 is back from Medford Shop. We’re still waiting for some equipment to be delivered before it is officially placed into service.

Engine 1311 in currently in Medford Shop receiving its annual service.

We received payment from the state for the Dixie fire from last summer. Checks have been made out to all personnel that were on the incident.

Chief Joseph Hess
Po Box 597
31 Newton Street
Fort Jones CA, 96032
Station Phone (530)468-2261
E-Mail- [email protected]
Fort Jones Fire Department
Agenda Item B
Public Works Report
January 2022
The Towns static water level at the well was 21 feet on February 4th. During the month of January we have been trying to reduce the fire hazards around town by cleaning up flammable material and cutting down some of the branches that hang over the Towns roadways and sidewalks. We cleaned up some broken branches and leaves on Oakmill Street that broke during the storm and fell over the sidewalk. We cleaned up a pile of branches left on the side of Mathews street by an unknown person. We cleaned up all the leaves underneath the bleachers at the little league field. We removed all of the brush and overhanging limbs around the Towns water tanks on top of the hill. We cleaned up branches left over from the storm from the side of Marbleview road. We filled in some pot holes behind the Hardware store. We flushed the sewer between Cal fire and Allison way. We spoke to Cal Fire about removing the tree on Cal Fire property. We spoke to Dick Aldrich about redoing the sewer line in-between the Cal Fire manhole and the Allison Way manhole. We finished tearing off the rest of the old siding at the Paul Garrison Picnic Pavilion. We researched how the Town is going to provide water and sewer to the lot next to the post office. We removed all the old dirt from behind the Public Works shop. We attended some workshops on water loss and water auditing. We studied the wastewater book and answered questions pertaining to wastewater. We swept up the gutters in front of Cal Fire, the Elementary School and along portions of Newton Street. We responded to a water issue on Oakmill where the customer was complaining about a lack of water pressure. We replaced his water meter and proved that the Town was suppling adequate water pressure to the start of his property line. We took out the trash as needed. We burned up a pile of debris behind the City Barn. We read all of the water meters.

Agenda Item D
City Administrator Report
January 2022
• Contact Placeworks staff and HCD staff to see if they would assist with the new Housing Element, HE 6.
• We developed a new Request for Proposals to planning companies and sent them out for proposals to complete the new housing element. We are still reviewing the bids that are all in the $60,000 range.
• Worked with Molly, Celeste, and Rachel to update all of the CDBG Loans and our Housing account loans for updated balances and payment records. • Completed and submitted the Annual Streets and Roads Report to the State Controller’s Office. • Met with Julia Martinez, Engineer Paul Reuter and two people from the SWRCB Department of Financial Assistance (DFA) to review Scope of Work and updating the Drinking Water System Improvement Planning Grant.
• Met with Julia, Morgan Eastlick and the folks with DFA on updating the Construction Grant for new updated Smart Water meters.
• Worked with Anders Rasmussen of SHN and Roy O’Conner of State Water Board on design of new wastewater facility. Working with Dan LaFontaine from California Rural Water Association on finishing the planning grant and moving on to a construction grant for a new WWTP upgrades. • Aaron Reimler with Rural Community Assistance Corporation, along with me and our staff continue to work with the Economic Development of Fort Jones, business Planning Committee and complete streets project with Cal Trans.
• Continue to work with Tamy Quigley with Cal Trans, along with Kelly Zolotoff, Natalie Kinney, Marci Gonzalez, and the DOT Crew for Complete Streets planning and funding. Kory Hayden and the SCEDC are also helping.
• Applied for a new Per Capita Grant for upgrades to Little League Park and Picnic Pavilion as well as upgrades to the Scout Hall.
• Developed and submitted Requests for Proposal for a three-year audit for SWRCB Grants.

Submitted an amendment request with the state for additional funding to cover a new audit and completion of the sewer Planning Grant.
• Work with staff to set up and complete the annual drinking water report (EAR), water bill arrearages reimbursement, and wastewater arrearages programs. • Met with Ben Ramsey, Margaret Long, and Kelly regarding the abatement process for the motel and other problem properties.

Agenda Item E

CONSENT CALENDAR
Fort Jones City Council
Regular Meeting
January 10, 2022

CERTIFICATION OF POSTING AGENDA
I, Celeste McFall, City Clerk for the Town of Fort Jones, hereby certify that the agenda for the January 10, 2022 meeting of the City Council was posted in City Hall, near the door of the City Council Chambers, Fort Jones Post Office, Ray's Food Place, Scott Valley Family Resource Center, Outside Frontier Hardware and on the City’s website www.fortjonesca.org on January 6, 2022.

I declare under the penalty of perjury that the foregoing is true and correct. __________________________
Celeste McFall, City Clerk
The regular meeting of the Fort Jones City Council was called to order in person and via Zoom by Mayor Michelle DeCausmaker at 6:00 p.m. In addition to Mayor Michelle DeCausmaker council members present were Kathye Banks, Mercedes Garcia, and Bill Beckwith.

Also present: City Clerk Celeste McFall. City Administrator Karl Drexel and City Attorney Margaret Long (via Zoom).

Mayor Michelle DeCausmaker led the flag salute.

Public Comment on Closed Session:

No comments
Adjourn to Closed Session:

Mayor Michelle DeCausmaker called to adjourn to Closed Session at 6:02 p.m.

Return to Open Session:

Mayor Michelle DeCausmaker called to return to Open Session at 7:00 p.m.

Report on Closed Session:

Direction given to staff to authorize City Attorney to proceed with abatement procedures for the property located at 12425 Main Street Fort Jones CA 96032.

Public Comment: No Public Comment
Discussion/Reports: Non-Action Items:

A} Police Department Monthly Report- Police Chief Josh Short was not able to attend as he was on a call. Police Chief Josh Short provided a full report for the month of December in the council packet.

B} Fire Department Monthly Report
Fire Chief Joseph Hess provided a report and stats for the month of December in the council packet. He announced the new engine was done being serviced and was in Fort Jones. He noted that Breanna Buker and Brad Leiferman had been promoted to Captain and Samantha Hess had been promoted to Lieutenant. He noted that in 2021 the department had responded to 454 calls totaling over 700 volunteer hours.

C} Code Enforcement Report
Code Enforcement Officer Kelly York was not present. A full report for the month of December was provided in the council packet.

D} Public Works Monthly Report
Everett Hullquist provided a report in the council packet for the month of December and was present. He reported that the recent snowstorms had kept the department very busy clearing downed trees, snow removal and road clearing. He noted that he had also been studying wastewater classes.

E} City Administrators Report
City Administrator Karl Drexel provided a report for the month of December in the council packet.

1. Consent Calendar:
a) Approval of Minutes: Regular Meeting December 13, 2021 b) Ratification of Disbursements: December 1 through December 31, 2021 c) Approve Payables for January 2022
d) Receive and Review December P&L
e) Receive and Review YTD P&L
Mercedes Garcia made a motion to approve the Consent Calendar and Bill Beckwith seconded the motion. The motion passed with DeCausmaker, Beckwith, Banks, and Garcia voting aye; one seat vacant.

Public Hearing: Ordinances and Resolutions:

2. Review and Approve Introduction of Ordinance 2022-1 re FOG Program Kathye Banks made a motion to accept the Introduction of Ordinance 2022-1, Mercedes Garcia seconded the motion. The motion passed with DeCausmaker, Beckwith, Banks, and Garcia voting aye; one seat vacant.

3. Review and Approve Introduction of Ordinance 2022-2 re Opting into the Siskiyou County Integrated Solid Waste Management Regional Agency’s Edible Food Recovery Ordinance.

Bill Beckwith made a motion to approve the introduction of Ordinance 2022-2 and Kathye Banks seconded the motion. The motion passed with DeCausmaker, Beckwith, Banks, and Garcia voting aye; one seat vacant.

Discussion/Reports: Action Items:

4. Form 700 reminder. Also, reminder of Ethics and Harassment courses.

5.Boundary Line Adjustment Douglas Street-Hullquist
Bill Beckwith made a motion to approve the Boundary Line Adjustment as presented with changing the working to Moffet Creek, Mercedes Garcia seconded the motion. The motion passed with DeCausmaker, Beckwith, Banks, and Garcia voting aye; one seat vacant.

COUNCIL MEMBER COMMENTS:

Kathye Banks addressed the correct wording for the Bev White ADA table at the Garrison Picnic Pavilion.

There was discussion regarding finishing the painting on the inside of City Hall. Those questioning were assured the painting would be finished.

Bill Beckwith notes the $486,000 park grant recently awarded to Fort Jones: as well as the notification from Caltrans asking for the town’s input on the upcoming road improvements. He also noted that the City Administrator was also working on other grants for the Little League Park and Picnic Pavilion and the Scout Hall.

Meeting adjourned 7:35 p.m.

Attest:
_____________________________________________
Celeste McFall, City Clerk
Approved:
_____________________________________________
Mayor Michelle DeCausmaker
Town of Fort Jones
January Disbursements
January 2022
Date Name Memo Paid Amount
01/05/2022 QuickBooks Payroll Service Payroll Expense -152.58 01/07/2022 QuickBooks Payroll Service Payroll Expenses -3,359.80 01/07/2022 QuickBooks Payroll Service Payroll Expenses -1.75 01/21/2022 QuickBooks Payroll Service Payroll Expenses -3,323.60 01/31/2022 QuickBooks Payroll Service Payroll Expenses -252.50 01/05/2022 Buker*, Breanna Calls & Meetings -17.00
01/05/2022 Cox*, Jadon S. Calls & Meetings -10.00
01/05/2022 Hess*, Joseph Calls & Meetings -463.00
01/05/2022 Hess*, Samantha Calls & Meetings -147.50
01/05/2022 Leiferman*, Bradley Calls & Meetings -112.00 01/05/2022 Lomayaktewa*, Cliffton Calls & Meetings -7.00 01/05/2022 Mason*, Julia Calls & Meetings -26.50
01/05/2022 Schott*, Dawn Calls & Meetings -219.50
01/05/2022 Tolle, Nathan * Calls & Meetings -195.50
01/05/2022 Varga*, Alex Calls & Meetings -17.00
01/05/2022 Wolfe*, Zachary Calls & Meetings -111.50
01/07/2022 Agron, Rachel Admin Payroll -1,069.13
01/07/2022 Aston, Molly J Gen Adm & Program Delivery -861.65 01/07/2022 DeCausmaker, Michelle* Mayor Payroll -83.11
01/07/2022 Hullquist*, Kevin P/W Payroll -400.69
01/07/2022 Hullquist, Everett P/W Payroll -1,068.15
01/07/2022 McFall, Celeste J Admin Payroll -1,821.71
01/07/2022 Nobles, Suzanne Janitorial Payroll -189.93
01/07/2022 Whitworth, Barbara A Library Payroll -69.26
01/07/2022 KD Management Services LLC Consulting Fees -10,290.00 01/12/2022 Basic Fencing Fence Maintenance -691.50
01/12/2022 Basic Laboratory Water Testing -253.20
01/12/2022 California Rural Water Assn. Water Fees - Renewal -572.00 01/12/2022 City of Medford Finance Department Fleet Maintenance -7,261.81 01/12/2022 Cross Petroleum Fuel Oil -859.41
01/12/2022 Duane's Drain Cleaning Water Maintenace -780.00 01/12/2022 Fort Jones Ace Hardware misc Supplies -172.89 01/12/2022 Fort Jones Lumber Maintenance -18.39
01/12/2022 Golden State Risk Management Authority General Insurance Quarterly -18,615.26 01/12/2022 Kevin Hullquist Reimbursement -46.32
01/12/2022 Mean Gene's Gas Museum Monitor fuel -505.88
01/12/2022 Michelle DeCausemaker Reimbursement -92.03
01/12/2022 Molly Aston Ins Reimbursement -1,194.96
01/12/2022 Pacific Power Street Lights and misc power -3,773.88 01/12/2022 Quad-B Systems IT Services -1,470.00
01/12/2022 Quadient USPO -53.63
01/12/2022 Quartz Valley Indian Reservation Water Testing -225.00 01/12/2022 S.C.O.R.E. Previous Worker's Comp Ins -13,785.56 01/12/2022 Scott Valley Auto Parts Fleet Maintenance -20.36

Page 1 of 2 ends

Town of Fort Jones
January Disbursements
January 2022
Date Name Memo Paid Amount
01/12/2022 Scott Valley Disposal Dumpster fees -298.00
01/12/2022 SHN Consulting Engineers & Geologists Sewer Report 1,101.25 01/12/2022 Siskiyou County Economic Council Economic Development -416.67 01/12/2022 Siskiyou Telephone Misc Phones -815.25
01/12/2022 State Water Resources Control Board Water and Sewer State Fees -28,087.36 01/12/2022 Suburban Propane Propane -2,987.00
01/12/2022 Thomas Dimitre Legal Fees - Romaine -10,000.00 01/12/2022 ULINE Street Maint -124.88
01/12/2022 Us Bank Corporate Payment Systems Misc supplies & Maint -1,618.61 01/12/2022 US Bank Equipment Finance Equipment Finance -373.88 01/12/2022 Valley Tire Fire Dept Supplies & Maint -1,086.54 01/12/2022 D&D Cookin' LOLA Dinner -108.00
01/18/2022 County of Siskiyou Filing Costs -50.00
01/21/2022 Agron, Rachel Admin Payroll -1,062.23
01/21/2022 Aston, Molly J Gen Adm & Program Delivery -861.66 01/21/2022 DeCausmaker, Michelle* Mayor Payroll -83.12
01/21/2022 Hess, Joseph E Chief Stipend -461.75
01/21/2022 Hullquist*, Kevin P/W Payroll -676.93
01/21/2022 Hullquist, Everett P/W Payroll -1,358.21
01/21/2022 McFall, Celeste J Admin Payroll -1,530.22
01/21/2022 Nobles, Suzanne Janitorial Payroll -183.01
01/21/2022 Whitworth, Barbara A Library Payroll -69.26
-125,813.77

Page 2 of 2 ends

Town of Fort Jones
February Payables
February 2022
Type Date Name Open Balance
Bill 02/01/2022 Fort Jones Lumber 82.49
Bill 02/01/2022 Siskiyou Fire Equipment 354.70
Bill 02/01/2022 Us Bank Corporate Payment Systems 2,580.70 Bill 02/01/2022 League of California Cities 440.00
Bill 02/01/2022 Quad-B Systems 895.52
Bill 02/01/2022 Fort Jones Ace Hardware 63.00
Bill 01/25/2022 Mean Gene's Gas 342.88
Bill 01/25/2022 Prentice Long 1,295.00
Bill 01/25/2022 C & K Market 93.20
Bill 01/25/2022 SHN Consulting Engineers & Geologists 1,597.22 Bill 01/25/2022 Duane's Drain Cleaning 292.50
Bill 01/25/2022 League of California Cities 100.00
Bill 01/25/2022 Cross Petroleum 777.56
Bill 01/25/2022 City of Medford Finance Department 4,661.82 Bill 01/25/2022 Suburban Propane 2,498.66
16,075.25

Page 1 of 1 ends

Jul '21 - Jan 22
Income
1I - General Government Income
4099 - Property Taxes
4100 - Secured Current 56,892.91
4101 - Unsecured Current 3,993.15
4102 - Unsecured Delinquent 14.56
4106- Supp Int 3.36
4108- Supp Del 25.85
4508 - VLF Net 32,773.55
4512 - Off Highway Vehicle Tax 2,284.20
4514- Unsec Interest 4.33
4516- Sup Current 331.77
4518 - CA Fish& Game PILT 81.16
Total 4099 - Property Taxes 96,404.84
4111 - Sales Tax 232,383.79
4215 - Parks Grants 5,000.00
4216 - Franchises 7,967.14
4218 - Business License 6,102.12
4301- Fees Booking 1.38
4302- Fees Collection Cost -39.22
4303 - Vehicle Fees 115.79
4304-Fees Other 957.39
4400 - Rent 3,800.00
Total 1I - General Government Income 352,693.23
2I - Public Safety Income
2a - Law Enforcement
4111- Growth Alloc 1,571.20
4112 - COPS Allocation 106,997.44
4116 - Prop172 354.97
4117 - Tax Allocation - Law Enf 372.48
Animal Control
4230 - Dog Licenses 45.00
Total Animal Control 45.00
Total 2a - Law Enforcement 109,341.09
2b - Fire Protection
4740 - Fire Dept. 900.00
4741 - Tax Allocation - Fire 400.00
4750 - Strike Team Income 182,693.38
Total 2b - Fire Protection 183,993.38
2I - Public Safety Income - Other 595.92
Total 2I - Public Safety Income 293,930.39
Town of Fort Jones
Profit & Loss
July 2021 through January 2022

Page 1 ends

Jul '21 - Jan 22
3I - Public Works Income
3a - Streets Income
4499 - Gas Tax 2103 3,245.39
4500 - Gas Tax 2106 3,986.85
4501 - Gas Tax 2107 2,209.58
4502 - Gas Tax 2107.5 1,000.00
4503 - Gas Tax 2105 2,062.48
4537 - STIP 39,309.68
4540 - Tax Allocation - Roads 12,196.08
SB1 1,283.07
Total 3a - Streets Income 65,293.13
3b - Sewer Income
4212 - Sewer Revenue 34,995.28
3b - Sewer Income - Other 255.00
Total 3b - Sewer Income 35,250.28
3c - Water Income
4810 - Water Revenue 75,089.60
4815 - Tax Allocation - Water 4,775.68
Total 3c - Water Income 79,865.28
Total 3I - Public Works Income 180,408.69
4900 - CBDG Interest
89-92LF Interest 19.29
4900 - CBDG Interest - Other 112.66
Total 4900 - CBDG Interest 131.95
4902 - CBDG Reimbursement 25,841.43
4903 - Library Reimbursement 5,579.71
4905- Siskiyou Tel Reimbursment 10,483.90
4910- SAFER Grant 57,993.00
4911 Coronavirus Relief Fund 82,771.00
6000 - BPF
6001 - Donations 175.00
6004 - Ball Park Rent 50.00
Total 6000 - BPF 225.00
Total Income 1,010,058.30
Gross Profit 1,010,058.30
Expense
1E- General Government Expense
2285 - IT Services 7,830.64
5100- Council/Election 1,908.67
5110- Mayor Payroll 1,440.00
5210- Clerk Payroll 1,200.00
5220- Supp\USPO\Petty 3,343.87
Town of Fort Jones
Profit & Loss
July 2021 through January 2022

Page 2 ends

Jul '21 - Jan 22
5400 - Professional Fees
5401 - Legal Fees 26,305.00
5402 - Accounting Fees 2,082.97
5403 - Consulting Fees 56,456.00
5405 - Reimbursed Expenses 400.00
5400 - Professional Fees - Other 1,138.90
Total 5400 - Professional Fees 86,382.87
5500- Planning
5501 - Economic Development 4,416.69
Total 5500- Planning 4,416.69
5550- Library Payroll 4,615.00
5555 - Admin Payroll 34,861.06
5600- Misc. 260.62
5700- Publication 227.50
5705 - Dues and Subscriptions 155.00
6205- Health Insurance 6,077.07
6300- Insurance
6204- Workers Compensation 8,654.75
6303- Liability Insurance 2,742.66
6304 -Property Insurance 1,437.72
6305 - Crime Incurance 99.75
6308- Pollution 0.00
6310 -Finance Charge 0.00
Total 6300- Insurance 12,934.88
6400- Property Tax 1,600.36
9150-City Hall Expenses
1-012 - City Hall Power 2,555.90
133000- City Hall water 117.09
9151- City Hall Maintenance 2,662.79
9154 - Disposal 2 yd Bin 1,917.50
9155 - Equipment Finance 2,060.31
Janitorial Payroll 247.50
9150-City Hall Expenses - Other 370.67
Total 9150-City Hall Expenses 9,931.76
9152- Propane 6,664.03
1E- General Government Expense - Ot... 5,682.57
Total 1E- General Government Expense 189,532.59
2E- Public Safety Expense
2EA- Law Enforcement Expense
7125 - Law Enforcement Services 111,792.00
7135- Police Maintenance 6,000.00
7145- Dispatch 7,687.50
7181 - Law Enforcement Phones 1,917.74
Animal Control
7930- Animal Control 362.37
Total Animal Control 362.37
Total 2EA- Law Enforcement Expense 127,759.61
Town of Fort Jones
Profit & Loss
July 2021 through January 2022

Page 3 ends

Jul '21 - Jan 22
2EB- Fire Department Expense
6310- Property Insurance 1,051.98
7505 - Liability Insurance 0.00
7506 - Work Comp Insurance 797.44
7507 - Auto Insurance 9,169.70
7510- Fire Dept Payroll 19,551.00
7513 - Calls & Meetings 6,272.50
7520- Fire Dept Supl & Mtnce 21,483.41
7525- Pub Safety Fuel & Oil 6,211.11
7540- Fire Dept. Utilities
1-001- Fire Dept. Power Bill 1,794.38
2261- Fire Dept. Phone 1,009.32
2262 - Disposal 149.00
7541- Propane 738.01
Total 7540- Fire Dept. Utilities 3,690.71
2EB- Fire Department Expense - Ot... 1,284.50
Total 2EB- Fire Department Expense 69,512.35
2EC - Strike Team Expenses
6311 - Property Insurance 140.28
7502 - Auto Insurance 4,166.70
7505b - Liability Insurance 4,113.99
7506b - Workers Comp Ins 14,241.37
7514 Fleet Maintenance - Strike 36,534.97
7515 - Strike Team Payroll 168,198.06
Total 2EC - Strike Team Expenses 227,395.37
2ED SAFER Grant
7529 - SAFER Grant Payroll 8,077.44
7529.5 - Workers Comp 4,034.87
7529.6 - Safer Liability Ins 1,204.95
7530 - Uniforms and Safety Gear 22,114.50
7531 - Media Marketing 1,384.40
7532 - FF Training 725.00
7533 - Leadership Training 325.00
Total 2ED SAFER Grant 37,866.16
2E- Public Safety Expense - Other 52.56
Total 2E- Public Safety Expense 462,586.05
3E- Public Works Expense
3EA- Streets
1-000 - Street Lights
02 HPSV Lights 321.87
02 HPSV Metal Lights 152.84
10 HPSV Wood Lights 2,092.19
11 HPSV Lights 840.52
72 HPSV Lights 6,866.17
Total 1-000 - Street Lights 10,273.59
6306- Property Insurance 280.53
8120- Street Mtnce/Utilities
1-005 - Barn Power 680.81
1-007 - Phone Bill 958.97
Town of Fort Jones
Profit & Loss
July 2021 through January 2022

Page 4 ends

Jul '21 - Jan 22
8121- Street Maintenance
8126- LTC 71.66
8121- Street Maintenance - Ot... 254.24
Total 8121- Street Maintenance 325.90
Total 8120- Street Mtnce/Utilities 1,965.68
8130- Equipment Maintenance
8131- Fuel & Oil 349.16
8132- Repairs 1,142.95
8133- Parts & Supplies 463.92
Total 8130- Equipment Maintenance 1,956.03
8136 -Auto Insurance 490.20
8137- Mobile Equip 0.00
8199- Road Payroll 5,539.00
8509 - Liability Insurance 571.38
8511 - Work Comp Insurance 1,434.20
Total 3EA- Streets 22,510.61
3E- Public Works Expense - Other 54.13
Total 3E- Public Works Expense 22,564.74
3EB- Sewer Expense
6308-Property Insurance 490.92
8510- Sewer Payroll 2,264.50
8520- Sewer Expenses
1-015 - Sewer Power bill 137.46
1-019 bbp sewer 107.93
8527 Fuel-Oil 129.68
8553- Auro Insurance 490.20
Total 8520- Sewer Expenses 865.27
8522 - Waste Water Monitoring 330.40
8530- Sewer Supplies 915.74
8540- State Fees 27,109.00
8549- Mobile Equip. 43.80
8550 - Liability Insurance 571.38
8551 - Work Comp Insurance 1,490.65
8552 - Training 4,373.00
Sewer Testing 5,602.69
Total 3EB- Sewer Expense 44,057.35
3EC- Water Expense
6307-Property Insurance 1,984.74
8609- Water Training 428.33
8610- Water Parts & Supplies 28.94
8612- Water Office & Postage 2,406.00
8615- Water Payroll 6,193.90
8620- Water Repairs & Mtnce 3.51
Town of Fort Jones
Profit & Loss
July 2021 through January 2022

Page 5 ends

Jul '21 - Jan 22
8623- Mobile Equip. 0.00
8624 - Auto Insurance 490.20
8625- Water Liability Ins 571.38
8626 - Work Comp 2,192.40
8627 - Fuel-Oil 1,245.97
8630- Water Fees & Testing 4,876.08
8640- Water Utilities
1-000 - Water Power
New Pump 9,418.22
Old pump 418.41
Total 1-000 - Water Power 9,836.63
1-001 - Water Phones
468-2598 1,688.49
468-5864 652.75
530-917-6004 0.00
Total 1-001 - Water Phones 2,341.24
Total 8640- Water Utilities 12,177.87
8650- Water Eng./Legal 731.25
3EC- Water Expense - Other 4,032.50
Total 3EC- Water Expense 37,363.07
4E- Parks & Recreation Expense
03 Parks & Recreation Grants
2002 PerCapita
Community Center Improvements 50.00
Total 2002 PerCapita 50.00
Total 03 Parks & Recreation Grants 50.00
6305- Property Ins Parks
9104- Mobile Equip. 446.25
6305- Property Ins Parks - Other 1,627.08
Total 6305- Property Ins Parks 2,073.33
9105- Auto Insurance 0.00
9106 - Work Comp Parks 3,274.00
9107 - Liability Ins Parks 1,485.66
9109- Parks Payroll 2,643.50
9110 - Park Expense 1,718.39
9130- Ball Park Expenses
1-002 - LLP Snack 250.69
1-013 - BBP lights 1,837.66
1-014 - LLP lights 132.13
1-017 - BBP pump 121.54
9131- Maintenance & Supplies 2,890.81
Total 9130- Ball Park Expenses 5,232.83
9140- Scout Hall Expenses
1-006 - Scout Hall Power 221.17
Total 9140- Scout Hall Expenses 221.17
Town of Fort Jones
Profit & Loss
July 2021 through January 2022

Page 6 ends

Jul '21 - Jan 22
9160- Museum Expenses
1-004 - Museum Electricity 579.68
1-XXX - Museum Monitor Fuel 1,117.74
5568- Museum Phone 962.27
Total 9160- Museum Expenses 2,659.69
4E- Parks & Recreation Expense - Other 3,196.53
Total 4E- Parks & Recreation Expense 22,555.10
6500- Payroll Expenses
6503- Retirement Company 372.72
Total 6500- Payroll Expenses 372.72
6504- Payroll Taxes
6506- FICA 17,665.35
6508- Medicare 4,131.41
6512- SUI 5,466.69
6516 - ETT 0.00
6504- Payroll Taxes - Other 352.87
Total 6504- Payroll Taxes 27,616.32
6600- Medical Insurance
6603- Medical Ins Reimb 3,522.64
Total 6600- Medical Insurance 3,522.64
9700- CBDG Const Housing
Gen Adm & Program Delivery 10,529.10
Housing Loans
Gomez 2,050.07
Total Housing Loans 2,050.07
Total 9700- CBDG Const Housing 12,579.17
Payroll Expenses 21,160.83
Total Expense 843,910.58
Net Income 166,147.72
Town of Fort Jones
Profit & Loss
July 2021 through January 2022

Page 7 ends

PUBLIC HEARING

ORDINANCES & RESOLUTIONS
11960 East Street ● P.O. Box 40 ● Fort Jones, CA 96032 ● 530 468-2281

THE TOWN OF FORT JONES
TO: FORT JONES CITY COUNCIL
MEETING DATE: FEBRUARY 15, 2022
FROM: KARL DREXEL, CITY ADMINISTRATOR
SUBJECT: INTRODUCTION OF ORDINANCE 2022-1 IMPLEMENTING A

FATS, OILS AND GREASE (FOG) PROGRAM
BACKGROUND:

The Environmental Protection Agency (EPA) has promulgated General Pretreatment Regulations that require the establishment of State and local pretreatment programs to control pollutants which pass through or interfere with Publicly Owned Treatment Works (POTW) treatment processes or may contaminate POTW sewage sludge. Meeting these requirements may require elimination of interference caused by the discharge to POTW of Fats, Oils, and Grease (FOG) from Food Service Establishments (FSE). More specifically, the Pretreatment Program regulations at 40 CFR 403.5(b)(3) prohibit “solid or viscous pollutants in amounts which will cause obstruction” in the POTW and its collection system.

Council Member Banks contacted the California Rural Water Association for a generally accepted FOG program and is submitting it here for Council approval. I have reviewed and made some slight revisions, but it is ready for adoption as presented. In addition to the EPA, the Towns Sanitary Sewer Management Plan requires a FOG program that has never been formally approved.

RECOMMENDATION:

Staff recommends the Council review the Ordinance and approve the Second reading as introduced and adopt Resolution 2022-1.

Agenda Item 2
ORDINANCE NO. 2022-1

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FORT JONES

IMPLEMENTING A FATS, OILS AND GREASE CONTROL PROGRAM
The Town Council of the Town of Fort Jones does ordain as follows:

Section 1: The City hereby amends its code by adding the following as sections, attached hereto as Exhibit A:

Chapter 13.04.10 Fats, Oil and Grease Control Program
INTRODUCED at a regular meeting of the Town Council of the Town of Fort Jones, California, on the 10th day of January, 2022, and adopted at a regular meeting of the Town Council of the Town of Fort Jones, California, on the 15th day of February, 2022.

APPROVED: ________________________________
Michelle Decausmaker, Mayor
ATTEST: ___________________________________
Celeste McFall, City Clerk
The foregoing Ordinance No. 2022-1 was adopted at a regular meeting of the Town Council of the Town of Fort Jones, held on the 15th day of February, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Celeste mcFall, City Clerk
APPROVED AS TO FORM: ________________________________
Margaret Long, City Attorney
Town of Fort Jones
Public Works Department
Fats, Oils, and Grease (FOG)
Control Program
Town of Fort Jones
11960 East St.

Fort Jones, CA 96032
Ph: (530) 468-2281
Fax: (530) 468-2598
Town of Fort Jones
Fats, Oils, & Grease Control Program
Page | 1

1.0 FOG CONTROL PROGRAM

1.1 PURPOSE
The purpose of the Town’s fats, oils and grease (FOG) Control Program is to prevent FOG from entering the Town’s sewer collection and treatment system through the establishment of regulations for the discharge of FOG and other insoluble waste from food service establishments (FSE). The purpose of this ordinance is to further implement procedures for recovering costs associated with FOG discharges and blockages, to establish administrative requirements for FSEs, and to establish enforcement procedures for these regulations.

1.2 DEFINITIONS
For purposes of this document, the following definitions shall apply:
a) Best Management Practices (BMPs). Activities, prohibitions, maintenance procedures and other management practices to prevent or reduce the direct or indirect introduction of fats, oils and grease (FOG) into the public sewer.
b) Town. The Town of Fort Jones, a municipal corporation, of the State of California. c) Fats, Oils and Grease (FOG) shall mean and include any waste containing quantities or concentrations of dispersed biodegradable fats, oils and greases. d) Food Service Establishment (FSE) shall mean any entity utilizing the Town’s sewer collection system for operation in a permanently constructed structure, maintained and used or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for consumption by the public or for sale to other entities, its members, or employees.
e) Food Grinder or garbage grinder or garbage disposal shall mean any device installed in the plumbing or sanitary sewage system for the purpose of grinding food waste or food preparation byproducts for the purpose of disposing into the City sewer system. f) FOG Discharge Permit shall mean the permit issued by the Town to a FSE for utilizing the Town sewer system in compliance with the terms, conditions, and criteria of the FOG Control Program set forth in this document.
g) Grease Control Device (GCD) shall mean any Grease Interceptor, Grease Trap, or other mechanism, device, or process, which is attached to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG-laden wastewater prior to its discharge into the Town sewer system. “Grease Control Device” also includes any other Town approved method to reduce FOG. Grease control devices must be sized in accordance with the California Plumbing Code. h) Grease Interceptor shall mean a Town approved multi-compartment device that is required to be located, as according to the California Plumbing Code, between a FSE and the connection to the Town sewer system. These devices primarily use gravity to separate FOG from the wastewater as it moves from one compartment to the next. Grease Town of Fort Jones
Fats, Oils, & Grease Control Program
Page | 2
interceptors must be cleaned, maintained and have the FOG and solids removed and disposed of in accordance with the terms and conditions of the City’s FOG Discharge Permit. Grease Interceptor includes a gravity grease interceptor. i) Grease Trap shall mean a Town approved grease control device that is used to serve individual fixtures. Grease traps must be cleaned, maintained, and have the FOG and solids removed and disposed. A Grease trap is also referred to as a hydro-mechanical grease interceptor.
j) Remodeling shall mean a physical change or operational change that increases the amount of FOG discharged to the Town sewer system by the FSE in an amount that alone or collectively causes or creates a potential for blockages or sanitary sewer overflows (SSO) to occur.
k) Responsible Person. A person who the Town determines is responsible for causing, permitting, or maintaining a public nuisance or a violation of the Municipal Code, Uniform Plumbing Code, applicable state codes, any National Pollutant Discharge Elimination System ("NPDES") permit or any wastewater discharge permit. The term "responsible person" includes, but is not limited to, a property owner, tenant, person with a legal interest in the property, person in possession of the property or person that exercises custody and control over the property.
l) Waste Hauler shall mean any person or entity that collects the contents of a grease control device for the purpose of transporting it to a recycling or disposal facility. A Waste Hauler may also provide grease control device maintenance services.

1.3 PROHIBITIONS

1. General FOG Discharge Prohibitions.

No Food Service Establishment shall discharge or cause to be discharged into the sewer system FOG that may accumulate and/ or cause or contribute to blockages in the sewer system or at the sewer lateral which connects the Food Service Establishment to the sewer system.

2. Specific FOG Prohibitions.

1.7.3 below.
b) Non-grease laden sources such as, but not limited to, hand-wash sinks, toilets, urinals, and stormwater, shall not be connected to a grease control device. c) No dishwasher shall be connected to a grease trap or interceptor. d) Discharge of wastewater with temperatures in excess of 1400°F (600°C) into any grease control device is prohibited.

Town of Fort Jones
Fats, Oils, & Grease Control Program
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e) Garbage disposals (food grinders) shall be prohibited at all New Food Service Establishments. Existing Food Service Establishments shall remove all garbage disposals when they remodel or within one hundred eighty (180) days from receiving a notice from the Town to remove its garbage disposal(s) based on the Town's finding that the FSE at any time caused or contributed to an SSO.
f) Direct disposal of any waste cooking oil into any drain or cleanout that is connected to the sewer system is prohibited.
g) Introduction of any additive into a grease control device or directly into the sewer system for the purpose of emulsifying FOG, biologically/ chemically treating FOG for grease remediation, or as a supplement to any grease control device maintenance is prohibited, unless specifically authorized in writing by the Town.
h) Discharge of any waste which has been removed from a grease control device into the sewer system is prohibited.

1.4 FOG DISCHARGE PERMIT REQUIREMENT

1. Food Service Establishment (FSE)
No FSE shall discharge into the Town’s sewer system without obtaining a FOG Discharge Permit from the Town. The FOG Discharge Permit is a legally-binding agreement issued to a FSE to utilize the Town sewer system setting forth the terms, conditions, and criteria of the FOG Control Program. The FOG Discharge Permit is prepared and maintained by the Town, and its provisions may be modified periodically as required to ensure each FSE’s compliance with the terms and conditions of this chapter, as they may be amended from time to time. Failure to comply with the FOG Discharge Permit conditions will constitute a violation of this chapter. In addition to the FOG Discharge Permit, the Town may also issue specific permit conditions to any FSE. In the event that the Town issues specific permit conditions to an FSE, the basis for those specific permit conditions shall be disclosed to the FSE in writing and appended to the FOG Discharge Permit. Failure to comply with the individual permit conditions will constitute a violation of this document.

2. Responsible Persons
Responsible persons of commercial properties or their designee(s) identified on the FOG Discharge Permit shall be responsible for the installation and maintenance of a Grease Interceptor serving multiple FSE that are located on a single parcel. The responsible person of the parcel containing a common use Grease Interceptor shall submit an application for and be the Permittee under a FOG Discharge Permit.

3. FSE/Responsible Person Notification Regarding Planned Changes Any existing FSE or Responsible Person which substantially changes its menu, operation, or remodels shall submit in writing a detailed description of the proposed changes. The applicability of an existing FOG Discharge Permit, waiver, stay or variance from the requirement to install, operate and maintain a Grease Control Device will be assessed by the Town based on the Town of Fort Jones
Fats, Oils, & Grease Control Program
Page | 4
information contained in the description and the Permit, waiver, stay or variance may be revoked and replaced or amended as the changed circumstances warrant.

4. Permit Application
a) Each existing FSE/Responsible Person shall submit an FOG Discharge Permit Application to the Town within forty-five (45) days following the effective date of this document. b) All newly constructed FSEs and FSEs which change ownership, shall submit a FOG Discharge Permit Application at least sixty (60) days prior to startup. Any FSE which fails to submit the required FOG Discharge Permit application in a timely manner may be prohibited from discharging to the Town sewer system.

5. Permit Renewal
Annually, each FOG Discharge Permittee shall renew its FOG Discharge Permit by the expiration date indicated on the Permit.

6. Reporting Requirements
Each FOG Discharge Permittee shall report to the Town any spills of FOG and/or sewage and any unauthorized discharges into the Town sewer system within the time period following the occurrence of the event as specified in and according to the requirements set forth in the FOG Discharge Permit.

7. Right to Enter and Inspect
The Town shall have the right to enter and inspect each FSE premises or Responsible Person’s common use Grease Interceptor for announced or unannounced inspections. The Town shall have access to all facilities and records necessary for determining compliance with this document. An inspection may include a review of all logs and documentation of the FOG Control Program, inspection of all kitchen facilities, and inspection of any and all Grease Control Devices and appurtenant plumbing on the premises.

1.5 BEST MANAGEMENT PRACTICES REQUIRED
All Food Service Establishments shall implement Best Management Practices (BMPs) to minimize the discharge of FOG to the sewer system, including, but not limited to, the following, as applicable:

1. Installation of Drain Screens. Drain screens shall be installed on all drainage pipes in food preparation areas.

2. Segregation and Collection of Waste Cooking Oil. All waste cooking oil shall be collected and stored properly in recycling receptacles such as barrels or drums. Such recycling receptacles shall be maintained properly to ensure that they do not leak. Licensed waste haulers or an approved recycling facility must be used to dispose of waste cooking oil.

3. Disposal of Food Waste. All food waste should be disposed of directly into the trash or garbage and not into sinks and shall be disposed of in a manner that will ensure against leakage in the trash container or anywhere else.

Town of Fort Jones
Fats, Oils, & Grease Control Program
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4. Employee Training. Employees of the Food Service Establishment shall be trained by ownership/ management periodically as specified in the FOG wastewater discharge permit on the following subjects:
a) Dry-wiping pots, pans, dish ware and work areas before washing to remove grease. b) Properly disposing food waste and solids in plastic bags prior to disposal in trash bins or containers to prevent leaking and odors.
c) The location and use of absorption products to clean under fryer baskets and other locations where grease may be spilled or dripped.
d) Properly disposing grease or oils from cooking equipment into a proper grease receptacle without spilling.

5. Maintenance of Mechanical Exhaust Ventilation Filters. Filters shall be cleaned as frequently as necessary to be maintained in good operating condition. The wastewater generated from cleaning exhaust filters shall be disposed of properly.

6. Kitchen Signage. Best management and waste minimization practices shall be posted conspicuously in the food preparation and dishwashing areas at all times.

1.6 FOOD GRINDERS
The use of a Food Grinder, which discharges food wastes from an FSE into the Town sewer system, is prohibited.

1.7 PRETREATMENT REQUIREMENTS

1. Pretreatment Required
All FSEs are required to install, operate and properly maintain approved types and adequately sized Grease Control Devices. Grease Control Devices shall separate and remove FOG contained in wastewater discharges from FSEs prior to discharge of the wastewater to the Town sewer system. All fixtures, equipment and drain lines located in the food preparation and clean up areas of the FSE that are potential sources of FOG discharge shall be connected to a Grease Control Device. Detailed requirements for device maintenance shall be specified in the FOG Discharge Permit.
a) Existing FSE - All existing FSEs are required to have and to properly operate and maintain a Grease Control Device according to the requirements set forth in the FOG Discharge Permit, unless the FSE has obtained a waiver as described in Section 1.7.2 and

1.7.3 below, and shall be required to follow all requirements of the FOG control program of this document.
b) New FSE, FSE Which Change Ownership, and FSE Which Undergo Remodeling - As of the effective date of this document, all newly constructed FSEs, FSEs which change ownership, and FSEs which undergo remodeling shall be required to install a Grease Control Device, according to requirements of the FOG Discharge Permit, unless a waiver Town of Fort Jones
Fats, Oils, & Grease Control Program
Page | 6
is granted under Section 1.7 and 1.7.3 below, and shall be required to follow all requirements of the grease control program of this document.

2. Waiver for Alternative Pretreatment
A waiver from the FOG pretreatment requirements to allow alternative pretreatment technology that is at least equally effective in controlling the FOG discharge, in lieu of installing and operating a Grease Control Device, may be granted to a FSE demonstrating that it is impossible or impracticable to install, operate or maintain a Grease Control Device. The applicant shall bear the burden of demonstrating that the alternative method is at least equally effective. The Town’s determination to grant a waiver will be based upon, but not limited to, evaluation of the following conditions:
a) Town determination there is no adequate location for installation and/or maintenance of a Grease Control Device.
b) Town determination there is no adequate slope for gravity flow between kitchen plumbing fixtures and the Grease Control Device and/or between the Grease Control Device and the private collection lines or the Town sewer system. c) Town determination that alternative pretreatment technology is equivalent to or better than a Grease Control Device in controlling its FOG discharge. In addition, the FSE must be able to demonstrate, after installation of the proposed alternative pretreatment, its effectiveness to control FOG discharge through downstream visual monitoring of the sewer system at its own expense.

3. Waiver from Pretreatment Requirements
A waiver from installation of a Grease Control Device may be granted to a FSE that has been determined to have negligible FOG discharge and insignificant impact to the Town sewer system.

The Town’s determination to grant or revoke a waiver shall be based upon, but not limited to, evaluation of the following conditions:
a) Town determination that quantity of FOG discharge as measured or as indicated by the size of the FSE based on seating capacity, number of meals served, menu, water usage, amount of on-site consumption of prepared food and other conditions that show contribution to FOG discharges;
b) Town determination that adequacy of implementation of BMPs and compliance history are sufficient;
c) Town determination that sewer size, slope, condition based on visual information, FOG deposition in the sewer by the FSE, and history of maintenance and sewage spills in the receiving sewer system;
d) Town determines that the changes in operations that significantly impact FOG discharge; e) Any other condition the Town deems reasonably related to the generation of FOG Discharges.

Town of Fort Jones
Fats, Oils, & Grease Control Program
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4. Operations and Maintenance Requirements
All Grease Control Device shall be maintained in efficient operation at all times by the FOG Discharge Permittee at the Permittee’s expense. Details of required maintenance shall be specified in the FOG Discharge Permit.

1.8 FEES

1. Each FOG Discharge Permit requires an application fee of $100.00. Following a change of ownership, a substantial change in operation, remodeling, or an increase in flow or waste generation of FOG, a revised application must be submitted with payment of an application fee of $100.00. The application fee must be paid when the FOG Discharge Permit application is submitted to the Town. The initial permit has a one-year term and is renewable annually.

2. Each FOG Discharge Permit requires an annual renewal fee of $50.00, which shall be submitted with the annual permit renewal application.

3. The Town Council will set the application fee and annual renewal fee in accordance with applicable law and may amend these fees from time to time as permitted by law.

1.9 ENFORCEMENT
Failure to comply with the Town’s FOG Control Program as provided in this document, all generally applicable provisions of the Town’s municipal code, and the FOG Discharge Permit or any individual permit conditions will result in enforcement action against the FSE. All fines are defined in this Section and may be amended from time to time.

1. The first violation of the FOG Control Program will result in a warning issued by the Town.

For each warning, the Town will make one attempt to contact the FSE’s responsible party (permittee) as listed on the permit and follow-up any such verbal warning with written confirmation of the violation. If such attempt at direct contact is unsuccessful, the Town will mail written notice of the violation to the permittee. The permittee will have seven (7) days from the date of the notice to respond and correct the violation. If the permittee does not correct the violation within this time, a second violation will be issued.

2. Upon the occurrence of two or more violations, the Town will notify the permittee in writing by mail of the violation and a fine of $100.00 will be assessed and collected on the next service bill. The permittee will have seven (7) days from the date of the notice to respond and correct the violation. If the permittee does not respond and correct the violation within the seven (7) days, a per day fine of $50.00, up to a maximum of 12 days and $600.00 will be imposed and charged on permittee’s next service bill. The fee, up to its maximum, will be assessed until the violation is corrected or the Town declares the permittee to be noncompliant and discontinues sewer service to the permittee.

3. When three or more violations of the FOG program have been committed and remain uncorrected, the Town may disconnect sewer service to the non-compliant permittee.

APPLICATION FOR FATS, OILS, AND GREASE (FOG)

WASTEWATER DISCHARGE PERMIT

FOR FOOD SERVICE ESTABLISHMENTS
Instructions: For the Town of Fort Jones Public Works Department (Town) to properly evaluate, process, and issue a Fats, Oils, and Grease (FOG) Wastewater Discharge Permit, the applicant must provide a complete permit application.
 The Permit Application Form must be filled out completely. Your application will be returned to you if there is any missing information. Please write N/A if the information being requested does not apply.  The Permit Application must be signed by an official company representative. The Town will return your permit application if it is not signed by the proper company official.  The permit application fee is due at the time the permit application is submitted. An application received without remittance will be returned. All required drawings and information described in the information brochure must be submitted with this application. Complete the checklist provided to ensure that all requirements are satisfied.

The Town will not process incomplete Permit Applications. Clearly print or type the information requested.

Section 1- General Information
A. Applicant ______________________ _________________________________ _____ Corporation or Food Service Establishment Name
B. Doing Business as _________ ________ ___________________________________ _ Food Service Establishment Name used at Sewer Service Address Listed Below C. Sewer Service Address ___________________________________________________________ Street City State Zip Code
D. Phone Number ( ) __ _-______ Fax Number ( ) ____-________ E-mail _____________ ___ E. Responsible Party/Emergency Contact (Required) _______________ ______________________ F. Emergency Contact Phone Number (Required) ________________________ ___ (24 hour contact number; this should NOT be the phone number to the restaurant) G. Is your establishment a □ Sole proprietorship? □ Partnership? □ Corporation? H. Name of Owner, a General Partner, or Chief Executive Officer ______________________ _________________________________ ___ Name Title
______________________ ______________________ ___________ ___ Street City State Zip Code
______________________ ______________________ ___________ ___ Phone Number Fax Number
Section 2 - Facility Operational Characteristics
Please check descriptions that represent your facility.

Type of Food Service Establishment (FSE)
□ Fast food □ Ice cream shop
□ Full service □ Cocktail/bar
□ Buffet □ Catering
□ Take-out only □ Food Packager
□ Coffee shop □ Meat Processer
□ Bakery
□ Cafeteria □ Other
J. Do you have a grease removal device? □ Yes □ No
(If yes, indicate type) □ Grease trap (indoor) □ Grease interceptor (outdoor) Section 3 – Certification
I have personally examined and am familiar with the information submitted in the attached document, and I hereby certify under penalty of law that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.

I certify that upon issuance of the permit, this firm’s operation and its resultant wastewater discharge will achieve consistent compliance with Town’s FOG Control Program and applicable regulations, the company will modify its operations, install wastewater pretreatment equipment, or do whatever is necessary to meet discharge requirements.

Certification of Owner, a General Partner, or Chief Executive Officer of FSE (restaurant) _______________________________________________________ _______________ Name Title
___________________________________________ ____________________________ Signature Date
Town of Fort Jones
Fats, Oil and Grease (FOG)
Wastewater Discharge Permit

Page 1 of 7 ends

This Permit applies to Food Service Establishments (FSEs) that discharge or have the potential to discharge FOG to the City’s sewer collection system.

Compliance with this permit does not relieve a permittee of its obligation to comply with any or all applicable pretreatment regulations, standards or requirements under local, state and federal laws, including but not limited to applicable provisions of the Siskiyou County Codes and permits.

Part I – Definitions
a) Best Management Practices (BMPs). Activities, prohibitions, maintenance procedures and other management practices to prevent or reduce the direct or indirect introduction of fats, oils and grease (FOG) into the public sewer.
b) Town. The Town of Fort Jones, a municipal corporation, of the State of California. c) Fats, Oils and Grease (FOG) shall mean and include any waste containing quantities or concentrations of dispersed biodegradable fats, oils and greases. d) Food Service Establishment (FSE) shall mean any entity utilizing the Town’s sewer collection system for operation in a permanently constructed structure, maintained and used or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for consumption by the public or for sale to other entities, its members, or employees. e) Food Grinder or garbage grinder or garbage disposal shall mean any device installed in the plumbing or sanitary sewage system for the purpose of grinding food waste or food preparation byproducts for the purpose of disposing into the Town sewer system.
f) FOG Discharge Permit shall mean the permit issued by the Town to a FSE for utilizing the Town sewer system in compliance with the terms, conditions, and criteria of the FOG Control Program set forth in this document.
g) Grease Control Device (GCD) shall mean any Grease Interceptor, Grease Trap, or other mechanism, device, or process, which is attached to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG-laden wastewater prior to its discharge into the Town sewer system. “Grease Control Device” also includes any other Town approved method to reduce FOG. Grease control devices must be sized in accordance with the California Plumbing Code. h) Grease Interceptor shall mean a Town approved multi-compartment device that is required to be located, as according to the California Plumbing Code, between a FSE and the connection to the Town sewer system. These devices primarily use gravity to separate FOG from the wastewater as it moves from one compartment to the next. Grease interceptors must be cleaned, maintained and have the FOG and solids removed and disposed of in accordance with the terms and conditions of the Town’s FOG Discharge Permit. Grease Interceptor includes a gravity grease interceptor. i) Grease Trap shall mean a Town approved grease control device that is used to serve individual fixtures. Grease traps must be cleaned, maintained, and have the FOG and solids removed and disposed. A Grease trap is also referred to as a hydro-mechanical grease interceptor. j) Remodeling shall mean a physical change or operational change that increases the amount of FOG discharged to the Town sewer system by the FSE in an amount that alone or collectively causes or creates a potential for blockages or sanitary sewer overflows (SSO) to occur.

Town of Fort Jones
Fats, Oil and Grease (FOG)
Wastewater Discharge Permit

Page 2 of 7 ends

k) Responsible Person. A person who the Town determines is responsible for causing, permitting, or maintaining a public nuisance or a violation of the Town’s Municipal Code, Uniform Plumbing Code, applicable state codes, any National Pollutant Discharge Elimination System ("NPDES") permit or any wastewater discharge permit. The term "responsible person" includes, but is not limited to, a property owner, tenant, person with a legal interest in the property, person in possession of the property or person that exercises custody and control over the property. l) Waste Hauler shall mean any person or entity that collects the contents of a grease control device for the purpose of transporting it to a recycling or disposal facility. A Waste Hauler may also provide grease control device maintenance services.

Part II – Applicability
All FSEs are considered potential sources of FOG and are required to obtain a FOG Discharge Permit from the Town.

Part III - Grease Control Device Installation Requirement All FSEs are required to install, operate and properly maintain approved types and adequately sized Grease Control Devices. Grease Control Devices shall separate and remove FOG contained in wastewater discharges from FSEs prior to discharge of the wastewater to the Town sewer system. All fixtures, equipment and drain lines located in the food preparation and clean up areas of the FSE that are potential sources of FOG discharge shall be connected to a Grease Control Device.
a) Existing FSE - All existing FSEs are required to have and to properly operate and maintain a Grease Control Device according to the requirements set forth in this FOG Discharge Permit. b) New FSE, FSE Which Change Ownership, and FSE Which Undergo Remodeling - As of the effective date of this document, all newly constructed FSEs, FSEs which change ownership, and FSEs which undergo remodeling shall be required to install a Grease Control Device, according to requirements of this FOG Discharge Permit.

Part IV – Best Management Practices (BMPs)
All Food Service Establishments shall implement Best Management Practices (BMPs) to minimize the discharge of FOG to the sewer system, including, but not limited to, the following, as applicable:

1. Installation of Drain Screens. Drain screens shall be installed on all drainage pipes in food preparation areas.

Town of Fort Jones
Fats, Oil and Grease (FOG)
Wastewater Discharge Permit

Page 3 of 7 ends

6. Kitchen Signage. Best management and waste minimization practices shall be posted conspicuously in the food preparation and dishwashing areas at all times.

Part V – New Construction, Changes in Ownership, and Remodeling The Responsible Person shall notify the Town at least sixty (60) days prior to any changes in operation which include a change in ownership. The Responsible Person shall notify the Town in writing of the proposed expansion or remodeling and shall submit any information requested by the Town for evaluation of the effect of such expansion or remodeling on the Responsible Person's FOG discharge to the Collection System.

Part VI – Wastewater Discharge Limitations and Prohibitions

1. General FOG Discharge Prohibitions.

2. Specific FOG Prohibitions.

The following specific prohibitions shall apply to all Food Service Establishments:
a) Discharge of any FOG-containing wastewater that is not connected to a grease control device is prohibited.
b) Non-grease laden sources such as, but not limited to, hand-wash sinks, toilets, urinals, and stormwater, shall not be connected to a grease control device. c) No dishwasher shall be connected to a grease trap or interceptor. d) Discharge of wastewater with temperatures in excess of 1400°F (600°C) into any grease control device is prohibited.

Town of Fort Jones
Fats, Oil and Grease (FOG)
Wastewater Discharge Permit

Page 4 of 7 ends

e) Garbage disposals (food grinders) shall be prohibited at all New Food Service Establishments.

Existing Food Service Establishments shall remove all garbage disposals when they remodel or within one hundred eighty (180) days from receiving a notice from the Town to remove its garbage disposal(s) based on the Town's finding that the FSE at any time caused or contributed to an SSO.
f) Direct disposal of any waste cooking oil into any drain or cleanout that is connected to the sewer system is prohibited.
g) Introduction of any additive into a grease control device or directly into the sewer system for the purpose of emulsifying FOG, biologically/ chemically treating FOG for grease remediation, or as a supplement to any grease control device maintenance is prohibited, unless specifically authorized in writing by the Town.
h) Discharge of any waste which has been removed from a grease control device into the sewer system is prohibited.

Part VII – Grease Control Device Compliance Requirements Any FSE that is required to provide FOG pretreatment shall install operate and maintain an approved type and properly sized grease control device necessary to maintain compliance with the purpose of the FOG Control Program.

1. Approved grease control device sizing and installation shall conform to the latest approved edition of the California Uniform Plumbing Code.

2. Grease control devices shall be constructed in accordance with the design approved by the Town and shall have a minimum of two compartments with fittings designed for grease retention.

3. Grease control devices shall be installed at a location where it shall be at all times easily accessible for inspection, cleaning and removal of accumulated grease.

4. Access manholes with a minimum diameter of twenty-four (24) inches, shall be provided over each grease interceptor chamber and sanitary tee. The access manholes shall also have readily removable covers to facilitate inspection, grease removal and wastewater sampling activities.

5. The original design of the grease control device shall not be modified unless the manufacturer recommends the modification in writing.

Part VIII – Grease Control Device Maintenance Requirements Grease control devices shall be maintained in efficient operating condition by periodic complete removal of all contents of the devices including wastewater, accumulated FOG, floating materials, sludge and solids.

Grease Interceptor Requirements

1. No FOG that has accumulated in a grease control device shall be allowed to pass into any sewer lateral, sewer system, storm drain, or public right of way during maintenance activities.

2. The maintenance frequency for all Food Service Establishments with a grease interceptor shall be determined in one of the following methods:

Town of Fort Jones
Fats, Oil and Grease (FOG)
Wastewater Discharge Permit

Page 5 of 7 ends

a) Grease interceptors shall be fully pumped out and cleaned at a frequency such that the combined FOG and solids accumulation does not cause or have the potential to cause a sanitary sewer overflow (SSO). Regardless, the interval between cleaning shall not exceed six (6) months.
b) The Responsible Person of a Food Service Establishment may submit a request to the Town asking for a change in the maintenance frequency at any time. The Food Service Establishment has the burden of responsibility to prove that the change reflects actual operating conditions based on the average FOG accumulation over time. The Food Service Establishment must also show that it is in full compliance with the conditions of its FOG Wastewater Discharge Permit and this section. Upon approval by the Town, the FOG Wastewater Discharge Permit will be modified accordingly to reflect the change in maintenance frequency.
c) If the grease interceptor contains, at any time, FOG and solids accumulation that causes an SSO, the Food Service Establishment shall be required to have the grease interceptor serviced immediately so that all FOG, sludge and other materials are completely removed from the interceptor. If necessary, the Food Service Establishment may be required to increase the maintenance frequency of the grease interceptor from its current frequency.

3. Wastewater, accumulated FOG, floating materials, sludge, solids, and other materials removed from the grease interceptor shall be disposed offsite properly by licensed waste haulers in accordance with federal, state, and/ or local regulations.

Grease Trap Requirements

1. Grease traps shall be installed in waste lines leading from drains, sinks and other fixtures or equipment where grease may be introduced into the sewer system in quantities that can cause blockage.

2. Grease traps shall be properly sized and installed in accordance with the latest approved edition of the California Uniform Plumbing Code.

3. The original design of the grease trap shall not be modified unless the manufacturer recommends the modification in writing

4. Grease traps shall be maintained in efficient operating conditions by removing accumulated grease.

The interval between cleaning will be established by the City. Baffles shall be removed and cleaned during the maintenance process, when applicable.

5. Grease trap shall be kept free of all food residues and any FOG waste removed during the cleaning and scraping process.

6. Grease traps be inspected periodically to check for leaking seams and pipes and for effective operation of the baffles and flow regulating devices.

7. Grease traps and their baffles shall be maintained free of all caked-on or accumulated FOG and waste.

8. Dishwashers and food waste disposal units shall not be connected to or discharged into any grease trap.

9. The temperature of any water entering a grease trap shall not exceed 1400°F (600°C).

Town of Fort Jones
Fats, Oil and Grease (FOG)
Wastewater Discharge Permit

Page 6 of 7 ends

Part IX – Inspection Authority and Reporting Requirements Record Keeping Requirements
The Responsible Person shall be required to keep on the premises and readily available, copies of all bills of lading, receipts and invoices of all cleaning, maintenance, and grease removal from the Grease Control Device, disposal carrier and disposal site location for no less than three (3) years. The Responsible Person shall, upon request, make the bills of lading, receipts and invoices available to the Town, any inspector and/or any Enforcement Officer. These records may include:

1. An on-site logbook of Grease Interceptor or Grease Control Device cleaning and maintenance practices.

2. A record of BMPs being implemented, including employee training.

3. Copies of records and bills of lading of waste hauling interceptor contents.

4. Records of sampling data and sludge height monitoring for FOG and solids accumulation in the Grease Interceptors.

5. Records of any spills and/or cleaning of the private sewer lateral or collection system.

6. Any other information deemed appropriate by the Town to ensure compliance with this chapter.

Notification of Spills

1. In the event the discharger is unable to comply with any of the permit conditions due to a breakdown of equipment, accidents caused by human error or act of God, or the discharge will exceed the provision of this chapter, the discharger shall notify the Town immediately once the discharger has knowledge of the incident.

2. The discharger shall confirm this notification in writing as soon as possible, but no later than five (5) working days from the notification. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken to correct the problem, and what steps are being taken to prevent the problem from recurring.

Part X – Non-compliance and Enforcement
Failure to comply with the Town’s FOG Control Program, the provisions in this FOG Discharge Permit or any individual permit conditions will result in enforcement action against the FSE. All fines are defined in this Section and published in the Town’s Master Fee Schedule, as both may be amended from time to time.

1. The first violation of the FOG Control Program will result in a warning issued by the Town. For each warning, the Town will make one attempt to contact the FSE’s responsible party (permittee) as listed on the permit and follow-up any such verbal warning with written confirmation of the violation. If such attempt at direct contact is unsuccessful, the Town will mail written notice of the violation to the permittee. The permittee will have seven (7) days from the date of the notice to respond and correct the violation. If the permittee does not correct the violation within this time, a second violation will be issued.

Page 7 of 7 ends

the permittee does not respond and correct the violation within the seven (7) days, a per day fine of $50.00, up to a maximum of 12 days and $600.00 will be imposed and charged on permittee’s next service bill. The fee, up to its maximum, will be assessed until the violation is corrected or the Town declares the permittee to be non-compliant and discontinues sewer service to the permittee.

When three or more violations of the FOG program have been committed and remain uncorrected, the Town may disconnect sewer service to the non-compliant permittee.

Managing FATS, OILS, andGREASE
1 DONOT pour cooking
residue directly into
the drain.
2 DONOT dispose of
food waste into the
garbage disposal.
3 DONOT pour waste
oil directly into the
drain.
4 DONOT wash floor
mats where water
will run off directly
into the storm drain.
1 Wipe pots, pans, and
work areas prior to
washing.
2 Dispose of food waste
directly into the
trash.
3 Collect waste oil and
store for recycling.
4 Clean mats inside
over a utility sink.
598-3952
11960 East Street ● P.O. Box 40 ● Fort Jones, CA 96032 ● 530 468-2281

THE TOWN OF FORT JONES
TO: FORT JONES CITY COUNCIL
MEETING DATE: FEBRUARY 15, 2021
FROM: KARL DREXEL, CITY ADMINISTRATOR
SUBJECT: INTRODUCTION OF ORDINANCE 2022-2 OPTING IN TO THE

SISKIYOU COUNTY INTEGRATED SOLID WASTE
MANAGEMENT REGIONAL AGENCY’S EDIBLE FOOD

RECOVERY ORDINANCE
BACKGROUND:

The State Legislature passed into law Senate Bill 1383 (Statutes of 2016) set forth in the California Code of Regulations (the “SB 1383 Regulations” creating a regulation that all cities and Counties collect edible food wastes within their jurisdictions. Several rural Counties and cities are ill equipped to enforce such a restrictive law and are requesting an exemption to the law for these rural communities. As a member of the Siskiyou County Integrated Solid Waste Management Agency, we are asked to join in the Opting out Ordinance the Agency passed yesterday. This Ordinance 2022-2 provides for that.

RECOMMENDATION:

Staff recommends the Council review the Ordinance and approve the Second reading as introduced and adopt Ordinance 2022-2 Opting in to County Edible Food Recovery Ordinance.

Agenda Item 3
11960 East Street • P.O. Box 40 • Fort Jones, CA 96032 • 530 468-2281 ORDINANCE # 2022-2

ORDINANCE OF THE TOWN OF FORT JONES OPTING IN TO THE SISKIYOU COUNTY INTEGRATED SOLID WASTE MANAGEMENT REGIONAL AGENCY’S EDIBLE FOOD

RECOVERY ORDINANCE
The Town Council of the Town of Fort Jones hereby ordains as follows:

Section 1. Purpose and Findings.
(a) Whereas, the purpose of this Ordinance is to comply with certain state laws requiring cities, counties, and special districts providing solid waste collection services to adopt ordinances and take other measures to reduce the amount of organic materials deposited in landfills, more specifically the Short-Lived Climate Pollutants Organic Waste Reduction regulations adopted pursuant to Senate Bill 1383 (Statutes of 2016) set forth in the California Code of Regulations (the “SB 1383 Regulations”); and
(b) Whereas, the Town of Fort Jones is a member of the Siskiyou County Integrated Solid Waste Management Regional Agency (“SCWMA”). The SCWMA is a joint powers agency comprised of all the Cities in Siskiyou County and the County; and (c) Whereas, the SB 1383 Regulations require cities, counties, and special districts providing solid waste collection services to adopt and enforce an ordinance or other enforceable mechanism requiring residents and businesses generating solid waste to participate in an organics collection program provided by the jurisdiction and requiring commercial edible food generators to participate in an edible food recovery program; and
(d) Whereas, the Town of Fort Jones finds that as a rural community it needs an exemption from the organic collection and organic waste collection program requirements of SB 1383 which would be extremely difficult to implement in this rural community; and (e) Whereas, the Town of Fort Jones is authorizing the SCWMA to apply for a rural exemption, on its behalf, from the organic waste collection program requirements of SB 1383 until at least December 31, 2026; and
(f) Whereas, all jurisdictions, however, must develop an edible food recovery program. In response to this mandate, the SCWMA is adopting an ordinance to establish a uniform and comprehensive countywide system to establish the local regulations required by the SB 1383 Regulations concerning regulation of commercial edible food generators, food recovery services and food recovery organizations, including enforcement mechanisms and administrative civil penalties for violations; and
11960 East Street • P.O. Box 40 • Fort Jones, CA 96032 • 530 468-2281 (g) Whereas, On January 6th, 2022 the Siskiyou County Integrated Solid Waste Management Agency adopted the Edible Food Recovery Ordinance (“EFRO”), Ordinance SWJPA-2022-01, attached hereto as Exhibit A. In order for the EFRO to apply in the Town of Fort Jones’ name the Town of Fort Jones must adopt an ordinance declaring that it will apply within the Town of Fort Jones; and
(h) Whereas, The Town of Fort Jones wishes the EFRO to apply in the Town of Fort Jones’ name; and
(i) Whereas, The EFRO provides jurisdictions with the option to grant enforcement authority over various of its provisions to agencies specified in the EFRO. The Town of Fort Jones is making designations by approving a modification to the JPA agreement giving the County of Siskiyou the authority to act as the Designated Enforcement Agency for the SCWMA member agencies for SB 1383 compliance and enforcement and AB 341 compliance reporting; and (j) Whereas the Town of Fort Jones understands that even though it is delegating SB 1383 enforcement to the County on behalf of the SCWMA member agencies, the City itself is the responsible entity for compliance and if CalRecycle enforces for jurisdictional non-compliance, they will enforce on the jurisdiction and not the County or the Agency operating on behalf of the jurisdiction. The exception to this is County specific requirements which the County, as its own jurisdiction, shall meet.

Section 2. Adoption.

Now, therefore, the Town of Fort Jones hereby declares that the Edible Food Recovery Ordinance as set forth in Exhibit A to be effective in the Town of Fort Jones beginning on January 1, 2022.

Section 3. Enforcement Agency Authorization.
(a) The Siskiyou County Integrated Solid Waste Management Regional Agency and the County are authorized and designated to carry out the responsibilities specified in the Edible Food Recovery Ordinance effective January 1, 2022.
(b) The authorization and designation above does not limit the City’s authority to independently carry out some or all of the responsibilities designated above. The City retains full authority to implement and enforce the Edible Food Recovery Ordinance.
(c) The City Council may authorize and designate other entities to carry out responsibilities under this ordinance and no amendment of this ordinance shall be required.

Section 4. Severance Clause.

The Town Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, subparagraph, sentence, clause or phrase of this ordinance is held invalid, the [name of jurisdiction’s governing body] declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. 11960 East Street • P.O. Box 40 • Fort Jones, CA 96032 • 530 468-2281 Section 5. California Environmental Quality Act
This Ordinance is adopted pursuant to CalRecycle’s SB 1383 Regulations. The SB 1383 Regulations were the subject of a program environmental impact report (EIR) prepared by CalRecycle, and the activities to be carried out under this Ordinance are entirely within the scope of the SB 1383 Regulations and that EIR. No mitigation measures identified in the EIR are applicable to the Town of Fort Jones’ enactment of this Ordinance. Moreover, none of the conditions requiring a subsequent or supplemental EIR, as described in Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15163, have occurred. The EIR therefore adequately analyzes any potential environmental effects of the Ordinance, and no additional environmental review is required.

Section 6. Publication.

A summary of this ordinance shall be posted in town and published in a newspaper of general circulation of the Town of Fort Jones within fifteen days after its adoption.

The foregoing ordinance was introduced at the regular meeting of the Town Council of the Town of Fort Jones held on January 10, 2022 and was adopted on February 15, 2022, by the following vote.

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ________________________________
Michelle DeCausmaker, Mayor
ATTEST: ________________________________
Celeste McFall, City Clerk
Exhibit A

Exhibit B
Enforcement Agency Authorization – Siskiyou County Integrated Waste Management Regional Agency Authority
The Town of Fort Jones designates the Siskiyou County Integrated Solid Waste Management Regional Agency and the County as an Enforcement Agency for all Sections of the Edible Food Recovery Ordinance. Without limiting the generality of the foregoing, the authority provided by this designation includes the authority to request information or conduct inspections to verify compliance with any of the above sections to support the Agency’s or County’s enforcement activities.

ORDINANCE NO. 2022-3

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FORT JONES

CREATING PUBLIC NUISANCE ORDINANCE
The Town Council of the Town of Fort Jones does ordain as follows:

Section 1: The Town hereby amends its code by adding the following as sections, attached hereto as Exhibit A:

Chapter 8.24 Public Nuisance
INTRODUCED at a regular meeting of the Town Council of the Town of Fort Jones, California, on the 15th day of February, 2022, and adopted at a regular meeting of the Town Council of the Town of Fort Jones, California, on the 14th day of March, 2022.

APPROVED: ________________________________
Michelle DeCausmaker, Mayor
ATTEST: ___________________________________
Celeste McFall, City Clerk
The foregoing Ordinance No. 2022-3 was adopted at a regular meeting of the Town Council of the Town of Fort Jones, held on the 14th day of March, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Celeste McFall, City Clerk
APPROVED AS TO FORM and LEGAL CONTENT: _______________________________ Margaret Long, City Attorney
Agenda Item 4
Exhibit A
Chapter 8.24

PUBLIC NUISANCE
Sections:

8.24.010 Intent and purpose

8.24.020 Definitions

8.24.030 General provisions

8.24.040 Enforcement authority

8.24.050 Inspections

8.24.060 Acts constituting nuisance

8.24.070 Public nuisance defined

8.24.080 Notice of public nuisance and order to abate – procedures

8.24.090 Summary abatement - procedures

8.24.100 Failure to abate nuisance - penalties

8.24.110 Failure to abate nuisance - Notice to show cause

8.24.120 Council hearing - abatement

8.24.130 Right to abate

8.24.140 Abatement costs - procedures

8.24.150 Abatement cost report – appeals process

8.24.160 Abatement cost report – appeals hearing process

8.24.170 Abatement cost report – collection of costs

8.24.180 Other remedies

8.24.010 Intent and Purpose
A. The purpose of this chapter is to provide a just, equitable and practicable method for preventing, discouraging and/or abating certain conditions which endanger the life, limb, health, property, safety or welfare of the general public and to provide town staff with enforcement regulations that can be effectively applied and administered in a fair, expedient, and cost-efficient manner. The town may direct a property owner to remove a nuisance on the property and, if the owner fails to do so, remove the nuisance at the owner’s expense.

B. The procedure set forth in this chapter for the abatement of a nuisance and the making of the cost of abatement a special assessment against that parcel is adopted under Government Code Section 38773.5. The procedure set forth in this chapter for abatement applies to any nuisance which the town declares is a nuisance either under this code or by another ordinance which the town may adopt.

C. The procedure set forth in this chapter is not exclusive and is in addition to the procedure for abatement which is conferred upon the town by Civil Code Section 3494, Code of Civil Procedure Section 731, Government Code Section 38773, or other lawful authority.

8.24.020 Definitions
The following words and phrases when used in this chapter shall, for the purposes of this chapter, have the meanings ascribed to them in this section:
“Abandoned,” applied to a building, means a building that is unoccupied and is in such a state of neglect that a reasonable person would believe that the building has not been used for its intended, lawful purpose and/or has not been lawfully occupied for an extended period of time. “Abandoned,” applied to real property, means real property that is vacant and undeveloped, and/or real property that has not been lawfully developed and/or improved and which is more than two years delinquent in payment of the assessed real property taxes owing upon such property. “Abandoned,” applied to a vehicle, means the status of a vehicle or part thereof when the vehicle owner has ceased to assert or exercise any interest, right or title therein without intent to resume or reassert such interest, right or title.
“Abate” means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means, manner and extent as to the code/law enforcement or authorized agent. in their judgment, shall determine what is necessary in the interest of the general health, safety and welfare of the community
“Abatement” means the removal of a certain condition or conditions which are detrimental to, or endanger the life, limb, health, property, safety or welfare of, the general public. “Assessment” means the special assessment which may be assessed against a parcel of land as authorized by Section 38773.5 of the Government Code to recover the town’s cost of abatement of a public nuisance.
“Building official” means the individual designated by the county of Siskiyou as the person authorized to serve as the town’s building official for the purposes of administering various uniform codes, including, but not limited to, the building, administrative, plumbing, mechanical, electrical, abatement of dangerous buildings, sign and swimming pool, spa and hot tub codes. "Camping" includes, but is not limited to the use of camping facilities, such as tents, tarpaulins, or other temporary shelters, cots, beds, sleeping bags, hammocks, and other equipment for the purpose of living outdoors, maintaining a campfire, and occupying the property in such fashion for more than six (6) hours.
"City" means the Town of Fort Jones.
"Town or City Attorney" means the duly appointed town attorney of the Town of Fort Jones, or his or her assistant or deputy.
"Town or City Clerk" means the duly elected or appointed town clerk of the Town of Fort Jones, or his or her assistant or deputy.
"Town or City Council" means the town council of the Town of Fort Jones. “Code" means the Fort Jones Municipal Code.
“Day" means a calendar day, but if the time to perform an act expires on a day on which the town offices are closed, the act, if performed the next day on which such offices are open, shall be deemed timely.
“Graffiti” means, but not limited to, any authored inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on any real or personal property; representations of any gang-type group; projected threats; insults to any race, creed or religion; or expressions of profanity.
"Municipal Code" means the Fort Jones Municipal Code.
“Notice and order” means a formal notice informing a party about the existence of a certain condition or situation which constitutes an infraction or misdemeanor violation of the Etna Municipal Code, a public nuisance, or a violation of any applicable statute, rule, code or regulation. "State" means the State of California.
“Waste Matter” shall include but not be limited to broken crockery, broken bottles, metal vessels, trimmings from lawns, trees and flower gardens, ashes, cardboard boxes, berry boxes, rags, paper, straw, mattresses, packing material, shavings, boxes, sawdust, brick, stones, piled dirt, wire, other combustible and non-combustible and flammable waste material.

8.24.30 General Provisions
A. Computation of time:

The time in which any act provided by this chapter is to be done is computed by including the first and the last day. If the last day for the performance of any act set forth in this chapter is a holiday, then the time in which to perform the act is extended to and includes the next day which is not a holiday. If the last day for the performance of any act provided by this chapter is Saturday or Sunday, then the time in which to perform the act is extended to and including the next Monday.

B. Recovery of costs pursuant to Code of Civil Procedure:

Nothing in this chapter is intended to prohibit or preclude the town from seeking and recovering any costs pursuant to Sections 1032 through 1033.5 of the Code of Civil Procedure.

C. Collection of debts by the town:

The amount of any fine or fee imposed by this chapter shall be deemed a civil debt owing to the town. An action may be commenced in the name of the town in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fine or fee, with any penalties applicable thereto as prescribed by this chapter or other enactment. The remedy prescribed by this section shall be cumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this chapter or as otherwise provided by law.

D. Confidentiality in connection with service requests:

The town shall take all reasonable steps to ensure that the identity of any person making a service request to the town concerning a violation of the ordinance or other applicable laws shall remain confidential. However, no enforcement action shall be taken beyond issuance of a notice of violation unless: (A) the complaining witness agrees to be identified upon request of the responsible party, or (B) the code enforcement officer, chief of police and any other enforcement officer has developed sufficient evidence to take further action.

8.24.040 Enforcement authority
The code enforcement officer shall have concurrent enforcement authority with the chief of police regarding any violation of the Fort Jones Municipal Code resulting in a misdemeanor, an infraction or a public nuisance, unless otherwise provided by this chapter, the Fort Jones Municipal Code, applicable statutes, rules, codes and regulations, resolution of the city council, or written agreement by and between the code enforcement officer and the chief of police. Nothing in this chapter shall be construed or interpreted as providing the code enforcement officer with the authority to enforce any provision or any statute that is specifically required to be enforced solely by the city’s local law enforcement agency under the authority of the chief of police.

8.24.050 Inspections
A. Inspections pertaining to storm water management and discharge:

To enforce the provisions of the Fort Jones Municipal Code and/or other applicable statutes, rules or regulations, a public works inspector or other authorized enforcement officer may inspect and/or manage any discharges to the storm water drainage system in the town.

B. Inspections pursuant to applicable statutes, rules, codes, regulations or inspection warrants:

Nothing in this chapter shall prohibit or preclude inspections conducted pursuant to any applicable statute, rule, code, regulation or inspection warrant for purposes of inspections related to the respective statute, rule, code, regulation or inspection or search warrant.

C. Refusal to permit inspection pursuant to court-issued inspection warrants:

Any occupant or tenant who refuses to permit an inspection pursuant to any court-issued inspection warrant may be subject to arrest for a misdemeanor by the code enforcement officer, police officer, or other authorized enforcement officer. Forcible execution of said inspection under such circumstance shall be permitted only if the warrant expressly grants permission for such forcible entry.

8.24.060 Acts constituting nuisance
Anything which is injurious to a person’s health, is indecent, is offensive to the senses, or is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property or unlawfully obstructs the free passage or use, in the customary manner of any public park, street, alley way, highway, or other public easement is a nuisance.

8.24.070 Public nuisance defined
A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. The following are specifically declared to be nuisances and it is not intended by this enumeration to exclude the designation of other conditions as nuisances.

A. Existence of rubbish, tin cans or waste matter of any type upon any sidewalk or alley within the town;
B. Substantial accumulation of rubbish, tin cans or waste matter of any type, including manure of any kind, offensive to any of the senses on private property within the town; C. Automobile motors, transmissions and all other automotive parts or accessories stored anywhere other than within a fully enclosed space, carport, garage (public or private) or an approved automobile wrecking yard or approved repair facility;
D. Any dead animal or fowl on private property within the town.

E. Accumulation of wooden pallets, wastepaper, hay, grass, straw, weeds, litter, combustible or flammable waste material, waste petroleum products or rubbish of any kind upon any roof or any courtyard, vacant lot or open space; and all weeds, grass, vines, or other growth, when same endangers property or constitutes a fire hazard.

F. All combustible rubbish, oily rags or waste material, when kept within a building or adjacent to a building, and not securely stored in metal or metal-lined receptacles equipped with tight fitting covers or in rooms or vaults constructed of noncombustible materials; G. Combustible waste matter beneath trailers or at any other place within an auto and/or trailer camp/park.

H. Abandoned, damaged, broken, discarded equipment, vehicles, machinery or household items such as furniture, stoves, refrigerators, freezers, cans or containers.

I. Any device, decoration, design, fence, structure. clothesline or vegetation which is unsightly by reason of its condition or its inappropriate location;
J. Maintaining property in such manner as to cause a hazard to the public by obscuring visibility of intersections.

K. Any matter or substance from a private vault, cesspool, septic tank, water closet, privy, vault, urinal, pipe, sewer line or any sewage, effluent, slop water, polluted water or any other filthy water to flow or discharge upon the ground or upon any public sidewalk, street or other public place.

L. Any repeated disruptive activities including, but not limited to, disturbances of the peace and quiet of the neighborhood which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area, public drunkenness, drinking in public, harassment of passersby, sale of stolen goods, public urination, theft, assaults, battery, acts of vandalism, excessive littering, illegal parking, loud noises, traffic violations, curfew violations, or police detentions and arrests.

M. Blighted Property

1. Any property on which there exists any one or more of the following conditions or activities is a blighted property for the purposes of this chapter.
a. A building or structure that is not being inhabited, occupied or unsecured when the public can gain unimpeded or undeterred entry without the consent of the owner. This subsection also includes any vacant building, or unit in a vacant building or structure, which is unoccupied, including, without limitation, buildings or structures of any nature intended for human habitation or occupation and includes manufactured housing or mobile homes.
i. A building or structure, or unit in a building or structure, is not deemed to be vacant for purposes of this chapter if construction or alteration of the building, structure or unit is in progress pursuant to a valid, unexpired building permit. b. A partially constructed, reconstructed or demolished building or structure upon which work is abandoned.
c. Property which is in an unsecured state so as to potentially constitute an attraction to children, a harbor for vagrants, criminals or other unauthorized persons, or so as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful act.
d. Exterior wall and/or roof coverings that have become deteriorated and do not provide adequate weather protection, resulting in termite infestation and/or dry rot. e. Broken or missing windows or doors which constitute a hazardous condition or a potential attraction to trespassers.
f. Building exteriors, walls, fences, and retaining walls which are broken, deteriorated, or substantially defaced to the extent that the disrepair visually impacts neighboring property or presents an endangerment to public safety; driveways or walkways which are broken, deteriorated, or substantially defaced to the extent that the disrepair presents an endangerment to the public safety. For purposes of this subsection, defacing includes, without limitation, writings, inscriptions, figures, scratches or other markings commonly referred to as "graffiti".
g. Building exteriors, walls, fences, or retaining walls on which any painted surface is peeling, disintegrating, or sloughing-off to the extent that the disrepair visually impacts neighboring property or presents an endangerment to public safety. h. Overgrown, diseased, dead or decayed trees, weeds or other vegetation which; i. Constitutes a fire hazard or a condition considered dangerous to the public health, safety, and general welfare; or
ii. Are likely to harbor rats, vermin and other nuisances; or iii. Detracts from the property values of the neighboring properties i. Landscaping that is not installed or maintained in accordance with any applicable code or permit.
j. Solid waste, which by reason of its location and character either detrimentally impacts the surrounding neighborhood or community, or which is allowed or permitted to be transported by wind or otherwise onto or upon a public street, alley, or sidewalk. For purposes of this subsection, solid waste means any putrescible and non-putrescible solid and semi-solid waste material including without limitation garbage, rubbish, demolition and construction wastes, industrial wastes, reusable or recyclable material, bulky goods, and other discarded solid and semi-solid wastes.
k. Substantial accumulation of dirt, litter, or debris in vestibules or doorways of residential, commercial or industrial buildings.
l. Any swimming pool, pond or other body of water that is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted water.

For purposes of this subsection, "polluted water" means water which contains bacterial growth. including algae; remains of rubbish, refuse, debris, papers, and any other foreign matter or material or deleterious substance which, because of its nature or location, constitutes an unhealthy or unsafe conditions or water which is defined as "polluted water" or other similar term under state or federal law. m. A swimming pool which is more than eighteen (18) inches deep (whether empty or filled with water) that is not secured by a fence (with a locked gate when the pool is unattended) of at least five (5) feet in height.
n. Land having a topography, geology, or configuration. that, as a result of grading operations or improvements to said land, causes erosion, subsidence, unstable soil conditions, or surface or subsurface drainage problems so as to pose a threat to or be injurious to adjacent properties.
o. Any condition or object maintained on private property that obscures the visibility to the public of public streets or public street intersections to such a degree as to constitute a hazard. Such conditions include without limitation vehicles, landscaping, fencing, and signs.
p. Conditions that due to their accessibility to the public may prove hazardous or dangerous including without limitation:
i. Unused or broken equipment;
ii. Abandoned wells, shafts, or basements;
iii. Hazardous or unprotected pools, ponds, or excavations; iv. Structurally unsound fences, walls, or structures;
v. Machinery that is inadequately secured or protected; vi. Lumber, trash, fences, solid waste. or debris that may prove a hazard for the public. For the purposes of this subsection, solid waste is defined as set forth in subsection j of this section;
vii. Storing or keeping any chemicals, gasoline, motor oil, or other substances, in a quantity exceeding typical residential household usage, which may prove a hazard to the public.
q. Signs which have not been maintained or are in a state of disrepair for a period of more than thirty (30) days, including without limitation, broken signs, signs with missing parts, panels, letters or light bulbs, signs with exposed wiring, signs out of plumb, signs that are unsafe, dangerous to the public, or a hazard to traffic, defaced signs (for purposes of this subsection, defacing includes without limitation, unauthorized, unrelated or offensive writing, inscriptions, figures, scratches, or other markings commonly known as graffiti.
r. Any construction equipment, machinery, vehicles, or material except as follows:
i. Such items may be temporarily kept within or upon the property for and during the time such equipment, machinery, or materials are required for the construction or installation of improvements or facilities on the property for which all required permits have been obtained and are valid. ii. Such items may be kept in the side yard or rear yard areas if such items are used for the maintenance of the property or facilities on the property and if such items are concealed by a fence, shrubbery, or other similar means. s. Any commercial equipment, machinery, vehicles, or material not authorized by a valid city permit when such items constitute visual blight, reduce the aesthetic appearance of the neighborhood, or are detrimental to nearby property values. Commercial equipment, machinery, vehicles, or material not otherwise authorized by a valid city permit may be kept in the side yard or rear yard areas if such items are used for the maintenance of the property or facilities on the property and if such items are concealed by a fence, shrubbery, or other similar means.
t. Any refrigerator, washing machine, clothes dryer, sink, stove, heater, boiler, tank or other household equipment, machinery, furniture, appliance or appliances, or any parts of any of the listed items, for a period of time in excess of seventy-two consecutive hours. For purposes of this subsection, an item is unlawfully kept or stored in any area for a period of time in excess of seventy-two (72) consecutive hours when either the item has not been removed from such area for an intervening period of time in excess of seventy-two (72) consecutive hours or the item has been parked, kept, or stored during the intervening period of time upon any public street. This subsection does not prohibit the following:
i. Machinery installed in the rear setback areas for household or recreational use. ii. Furniture designed and used for outdoor activities. iii. Any item stored or kept within and enclosed storage structure or unit. For the purpose of this subsection, a storage unit is a prefabricated enclosure which is not required to have a building permit and is not permanently affixed to the ground, but which is not on wheels or mobile.
u. Storing or keeping of packing boxes, lumber, dirt, solid waste, and other debris, except as allowed by this code for the purposes of construction, in any areas visible from public property or neighboring properties for a period of time in excess of seventy-two (72) consecutive hours. For purposes of this subsection, solid waste is defined as set forth in subsection j of this section. For purposes of this subsection, an item is unlawfully kept or stored in any area for a period of time in excess of seventy-two (72) consecutive hours when either the item has not been removed from such area for an intervening period of time in excess of seventy-two (72) consecutive hours, or the item has been kept or stored during the intervening period of time upon any public street. v. Wrecking, dismantling, disassembling, manufacturing, fabricating, building, remodeling, assembling, repairing, painting, in any setback area, of any airplane, aircraft, motor vehicle, boat, trailer, machinery, equipment, appliance or appliances, furniture or other personal property. i. This subsection shall not prohibit an owner, lessee, tenant or occupant of the property from engaging in periodic activities incidental to the normal use of a motor vehicle, boat, trailer, or furniture owned by that owner, lessee, tenant or occupant of the property to the extent otherwise permitted by and in conformance with this Municipal Code. Any such activities shall be completed within a consecutive seventy-two (72) hour period.
w. The use of any trailer, camper, recreational vehicle or motor vehicle for living or sleeping quarters in any place within the town, outside of a lawfully operating mobile home park or recreational vehicle/travel park, is subject to the following:
i. Nothing contained in this subsection shall be deemed to prohibit bona fide guests of a town resident from occupying a trailer, camper or recreational vehicle upon residential premises with the consent of the resident for a period not to exceed fourteen (14) consecutive days when; (a) the trailer, camper or recreational vehicle has not been removed from such area for an intervening period of time in excess of fourteen (14) consecutive days; or (b) the trailer, camper, or recreational vehicle has been parked, kept or stored during the intervening period of time on any public street.
ii. Nothing contained in this subsection shall be deemed to permit any violation of the Municipal Code, California, Building Code, California Electrical Code, or California Plumbing Code by any trailer, camper; or recreational vehicle occupied pursuant to subsection (a) of this section, or any use of such trailer, camper, or recreational vehicle, or any connection from such trailer, camper or recreational vehicle to any building.
iii. Any trailer, camper, or recreational vehicle so used shall not discharge any waste or sewage into the Town’s sewer system except through an approved residential discharge connection of the residential premises on which the trailer, camper or recreational vehicle is parked.
x. Any condition which is detrimental to the public health, safety or general welfare or which constitutes a nuisance under any other town ordinance, State law or common law. y. Any condition of deterioration or disrepair that creates substantial detrimental impact on neighboring properties.
z. Any dwelling that does not have adequate water, sewer, and electrical service in compliance with applicable codes.
aa. Camping on public property, or on private property without the owner's written permission.

2. The acts and conditions specified below, when performed or existing upon any lot or parcel of land within the town, whether improved or unimproved, are declared to constitute blighted property, are unlawful, and are defined to be public nuisances which are injurious or potentially injurious to the public health, safety, and welfare, which have a tendency to degrade the appearance and property values of surrounding property and/or which cause damage to public rights-of-way. Nothing herein shall be deemed to restrict a public nuisance to the definition provided below.
a. A building or structure which is designed for human use or occupancy and which is not occupied as a residence or as business premises by human beings for more than ninety (90) days, and is in violation of one or more of the following requirements:
i. If the building or structure is the subject of an active building permit for repair or re rehabilitation, that the owner is progressing diligently to complete the repair or rehabilitation;
ii. If the building or structure meets all applicable building, habitability, and municipal code provisions, and does not otherwise constitute a public nuisance, it is ready for use or occupancy and is actively being offered for sale, lease, or rent, at reasonable market rates; or
iii. The building or structure, including the premises on which it is located, does not otherwise constitute a public nuisance and is not likely to become a public nuisance because it is being actively maintained and monitored. b. Active maintenance and monitoring shall include compliance with all of the following:
i. Maintenance of landscaping and plant materials in good condition; ii. Maintenance of the exterior of the building or structure, including but limited to, its paint, finishes, and signs, in good condition;
iii. Regular removal of all exterior trash, debris, and graffiti; iv. Maintenance, use, and occupancy of the building or structure: in continuing compliance with all applicable codes. regulations, and ordinances; and, v. Prevention of criminal activity on the premises, including but not limited to the use, sale, growing, and distribution of controlled substances, prostitution, trespassing, curfew violations, or other behavior which tends to disturb the peace or the use or enjoyment of neighboring properties.

8.24.80 Notice of public nuisance and order to abate - procedures When a code enforcement officer, police officer or other enforcement officer has inspected any real property or premises and has found and determined that conditions at or upon such property or premises constitute a public nuisance pursuant to any provision of the Fort Jones Municipal Code and/or applicable statute, rule, code and regulation, and the town has not commenced an alternative public nuisance abatement procedure prescribed by statute regarding said public nuisance, the code enforcement officer, police officer or enforcement officer may issue or cause the issuance of a notice of public nuisance and order to abate (“notice and order”).

Said notice shall specify that the nuisance must be abated within fifteen (15) days after the date of the delivery or mailing of said notice, or such shorter time as the issuer deems appropriate. If the issuer deems the nuisance to be an emergency, then he or she shall have the power to order the abatement summarily within twenty-four (24) hours of the giving of the written notice as set forth below.

A. Contents of notice and order:

The notice shall be titled “notice and order” and posted, along with any amended or supplemental notice and order, on the property on which the violation occurs and shall include the following information:

1. The name of the property’s record owner, the occupant, if any, and/or the agent, if any, having charge or control of the property;

2. The date of inspection;

3. The date of violation;

4. The street address of a definite description of the location where the violation occurred;

5. The code sections(s) violated

6. A description of the property’s condition which violated the applicable codes;

7. The actions necessary to correct the subject violations;

8. The deadline or specific date by which to correct the violations;

9. A reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline;

10. An order prohibiting the continuation or repeated occurrence of the code violation described in the notice and order;

11. The name and signature of the citing code enforcement officer or other authorized agent.

B. Service of a copy of the notice and order shall be made upon such persons that are entitled thereto either personally or by certified mail, postage prepaid, return receipt requested, at their address as it appears on the last equalized assessment roll of the county. Additionally, the notice shall be served on the responsible party by first class certified mail, return receipt requested, sent to the address contained in records of the town of Fort Jones for utility billings, if such address is different than that listed on the last equalized county assessment roll. If an address of any such person does not appear on the last equalized assessment roll or is not otherwise known to the issuing inspector or enforcement officer, then a copy of the notice and order shall be addressed to such person(s) and mailed to the address of the subject premises. The failure of any such person to receive a copy of the notice and order shall not affect the validity of any proceedings or actions taken under this chapter. Service by certified mail in the manner herein provided shall be affixed to the copy of the notice and order and retained by the inspector or enforcement officer.

C. Proof of service of the notice and order shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to a copy of the notice and order and retained by the code enforcement officer.

D. After a notice and order becomes final upon failure to file a timely appeal the code enforcement officer, or his/her designee, may file a certificate of nuisance in the office of the Siskiyou County clerk-recorder to certify that: (A) the subject property is being maintained in violation of the Fort Jones Municipal Code and/or applicable statute, rule, code and regulation; and (B) the property owner has been so notified.

E. The fee for filing a certificate of nuisance with the office of the Siskiyou County clerk-recorder shall be established by resolution of the town council.

F. Whenever it is determined by the code enforcement officer, chief of police, or other enforcement officer that the corrections ordered by the certificate of nuisance have been completed so that the premises no longer exists in a condition that is in violation of the Fort Jones Municipal Code and/or applicable statute, rule, or code, and all outstanding fees/fines have been paid, a certificate of abatement may be recorded in the office of the Siskiyou County clerk-recorder certifying that all required corrections have been made and that the subject premises is no longer being maintained as a public nuisance.

G. Service of the demand for payment which is personally served shall be deemed completed at the time of such delivery. Service of a notice of public nuisance which is served by mail is deemed completed on the date said notice of public nuisance is deposited in the mail.

H. Proof of service of the demand for payment shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to a copy of the demand for payment and retained by the code enforcement officer or other enforcement officer.

I. The prevailing party in any proceeding conducted pursuant to this chapter and associated with the abatement of a public nuisance shall be entitled to recovery of attorneys’ fees incurred in any such proceeding.

8.24.090 Summary abatement - procedures
If, upon the determination of a code enforcement officer, police officer, or other authorized enforcement officer, a particular public nuisance as described in this chapter or any other applicable statute, rule, code or regulation poses an immediate threat to public health and safety, the authorized enforcement officer who made the public nuisance determination may dispense with the notice and hearing requirements of the public nuisance appeals procedures set forth in this chapter and cause town crews or private contractors to take such reasonable actions that are necessary to immediately abate the activity or activities and/or condition or conditions causing the public nuisance as follows:

A. Prior to the town performing any abatement work pursuant to this chapter, the authorized enforcement officer who caused the summary abatement shall, if feasible, cause an inventory to be taken which lists those items which are proposed to be removed from the property and discarded.

B. Prior to ordering summary abatement pursuant to this chapter, the authorized enforcement officer who caused the summary abatement shall prepare a written report which sets forth in writing the facts and circumstances establishing:

1. Why advance notice of the abatement to the property owner, occupant and/or agent having charge or control is not reasonable or feasible or why prior advance notice was not effective;

2. Why the subject property constitutes a public nuisance; and

3. Why immediate abatement of the public nuisance is necessary.

D. A copy of the summary abatement report shall be served as soon as possible to the owner(s) of record of the parcel of land on which the public nuisance exists by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equalized assessment roll of the county or as known to any city officer or other enforcement officer. If no address of any such person so appears or is otherwise known, then a copy of the summary abatement report shall be so mailed, addressed to such person(s), at the address of the subject premises. The failure of any such person(s) to receive a copy of the summary abatement report shall not affect the validity of any proceedings or actions taken under this chapter.

E. Proof of service of the summary abatement report shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to a copy of the summary abatement report and retained by the officer or agent who prepared the summary abatement report.

F. The prevailing party in any proceeding conducted pursuant to this chapter and associated with the abatement of a public nuisance shall be entitled to recovery of attorneys’ fees incurred in any such proceeding.

G. If the town elects to perform public nuisance abatement work pursuant to this chapter, the owner of record of the property shall be liable for all costs of abatement incurred by the town.

8.24.100 Failure to abate nuisance - penalties
A. Any owner, agent, person having charge of, or occupying, any premises on which a nuisance is being committed within the town, or any person creating, causing, committing, or maintaining a nuisance who refuses or neglects to abate the same in pursuance to the request specified in the notice and order within the period specified therein, may be charged with either an infraction or a misdemeanor as specified below. Any such person, owner or agent may be subject to administrative penalties as provided by this code.

B. Any violation of the Fort Jones Municipal Code by a member of the public that is not exclusively deemed an infraction violation may be deemed a misdemeanor violation and may be prosecuted as such for the purposes of this chapter. The fourth and each subsequent violation that would otherwise be an infraction violation within a 12-month period commencing upon the date of the first violation shall be deemed a misdemeanor violation. A separate offense occurs for each day a misdemeanor violation is continued and/or maintained.

C. Upon conviction of any misdemeanor violation, the convicted violator shall be required to pay all applicable civil fines in addition to any misdemeanor penalties.

D. Nothing in this chapter is intended to prohibit or preclude the town from seeking and recovering restitution in any misdemeanor violation proceeding. The prevailing party in any misdemeanor violation proceeding associated with the abatement of a public nuisance shall be entitled to recovery of attorneys’ fees incurred in any such proceeding. This shall be in addition to all other available remedies as hereinafter set forth as provided by law.

E. Failure to comply with a notice of violation may result in the issuance of a field citation or such other action or proceeding pursuant to this chapter or permitted by law.

8.24.110 Failure to abate nuisance - Notice to show cause If the owner, agent or person having charge of or occupying any premises on which said nuisance is being committed fails to comply with the notice by completing the abatement within the period prescribed in the notice and order, or by making such other arrangements as may be satisfactory to the authorized enforcement officer who made the public nuisance determination, the enforcement officer or authorized agent shall thereupon deliver a notice, by certified mail, postage prepaid, return receipt requested, to the said persons, and a copy thereof to any lien or mortgage holder as may appear from a title report obtained from a title company, to appear before the town council, to be heard and show cause, if any, why the nuisance should not be abated by the town. The failure of any such person(s) to receive a copy of such notice shall not affect the validity of any proceedings or actions taken under this chapter. The cost of the title report shall be added to the costs chargeable to such persons as hereinafter set forth.

8.24.120 Council hearing - abatement
At the time fixed in the notice, the town council shall proceed to hear the testimony of said persons to whom such notice has been given or their representatives or other competent persons who may be present and desire to testify respecting the nuisance, the estimated cost of abating the same and any other matter which the town council may deem pertinent thereto. Upon the conclusion of the hearing, the town may by resolution declare its finding, and in the event that it so concludes, it may declare that the nuisance is being committed, and that the owner, agent, or person having charge of or occupying the premises on which the nuisance is being committed, shall commence the abatement of the same within fifteen (15) days after the date of posting on the premises a notice of the adoption of the resolution, and shall complete such abatement within sixty (60) days of such date or such other shorter time as may be deemed necessary by the town council. On or about the day the premises are posted, the code enforcement officer or his/her authorized agent shall deliver copies of the resolution to all said persons as such persons' names and addresses appear on the last equalized assessment roll, or as known to the code enforcement officer, and to each mortgagee or lien holder at their last known address.

8.24.130 Right to abate
In the event the nuisance is not abated the code enforcement officer shall cause the nuisance to be abated. The town administrator will determine either by use of town employees or by contracting with a licensed contractor for the abatement.

8.24.140 Abatement costs – procedures
A. If the town elects to perform public nuisance abatement work pursuant to this chapter, the owner of record of the property shall be liable for all costs of abatement incurred by the town, including, but not limited to, administrative costs.

B. Administrative fines are set forth in the schedule of fines adopted by resolution of the town council.

C. Recovery of costs pursuant to this chapter shall be in addition to and shall not limit any prevailing party’s right to recover any cost that a prevailing party is entitled to recover by law.

D. Upon completion of any abatement work performed by or under the direction of the town, the issuing code enforcement officer or other enforcement officer shall prepare an abatement cost report in the form prescribed by FJMC 8.24.140 (D) which provides an accounting of the cost, including incidental expenses, incurred as a result of abating any public nuisance on each separate lot or parcel of land where the work is performed by the town.

E. The abatement cost report shall itemize all costs associated with the rehabilitation, demolition or repair of said property, buildings or structures, including any salvage value relating thereto and a total of all such costs. The abatement cost report shall also include the following information:

1. A description of the subject real property;

2. The names and addresses of the persons entitled to receive notice;

3. A description of the work completed;

4. A determination that the amount of the costs set forth in the abatement cost report are accurate and reasonable;

5. Notice of the opportunity to appeal the amount and the reasonableness of the abatement costs; and

6. Notice of the town’s intention to make the final and approved abatement costs a special assessment against the property.

F. The filing and recordation of the abatement cost report shall be done by the issuing code enforcement officer or his/her authorized designee, who shall cause the abatement cost report to be filed in the office of the Siskiyou County clerk-recorder.

G. The fee for filing an abatement cost report with the office of the Siskiyou County clerk-recorder shall be established by resolution of the town council.

H. The abatement cost report and any amended or supplemental report shall be served upon the record owner and/or any agent having charge or control of the property. The failure of the code enforcement officer or other enforcement officer to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this chapter.

I. Service of a copy of the abatement cost report shall be made upon all persons entitled thereto pursuant to FJMC 8.24.140 (F) either personally or by certified mail, postage prepaid, return receipt requested, at their address as it appears on the last equalized assessment roll of the county or as otherwise known to the issuing inspector or authorized agent. If an address of any such person does not appear on the last equalized assessment roll or is not otherwise known to the issuing code enforcement officer or other enforcement officer, then a copy of the abatement cost report shall be addressed to such person(s) and mailed to the address of the subject premises. The failure of any such person to receive a copy of the abatement cost report shall not affect the validity of any proceedings or actions taken under this chapter.

J. Proof of service of the abatement cost report shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to a copy of the abatement cost report and retained by the issuing inspector or authorized agent.

K. Service of an abatement cost report which is personally served shall be deemed completed at the time of such delivery. Service of an abatement cost report which is served by mail is deemed completed on the date said abatement cost report is deposited in the mail.

8.24.150 Abatement cost report – appeals process
A. Any party possessing a legal or equitable interest including but not limited to a leasehold interest in the property that is the subject of an abatement cost report may appeal from the abatement cost report to the Fort Jones town council. Such appeal shall be limited to the following issues:

1. The amount of the abatement costs; and

2. The reasonableness of the abatement performed.

B. All appeals from any abatement cost report shall be in writing and shall contain the following information:

1. Name(s) of each appellant;

2. A brief statement setting forth the legal or equitable interest of each appellant;

3. A brief statement in ordinary and concise language of the specific cost items protested, together with any material facts claimed to support the contentions of the appellant;

4. Brief statement in ordinary and concise language of the relief sought and the reasons why the abatement costs should be modified or otherwise set aside;

5. The signatures of all parties named as appellants and their official mailing addresses.

Any appeal filed that fails to provide all of the information required by this section shall be deemed incomplete as provided by FJMC 8.24.150 (E).

C. A complete and proper appeal of abatement cost report as described in FJMC 8.24.150 (B) shall be filed with the code enforcement officer or his/her authorized designee, at the Fort Jones Police Department, within 10 days from the date service of the abatement cost report is completed pursuant to FJMC 8.24.140 (I). Any appeal not timely filed shall be rejected.

D. Not later than five days from the date the appeal is filed, the code enforcement officer or his/her designee shall determine whether the appeal is complete. If the appeal is determined to be incomplete, the code enforcement officer or his/her designee shall immediately mail to the appellant a notice of incomplete filing which shall provide a written explanation of the reasons why the appeal has been determined to be incomplete. If service of the notice of incomplete filing is completed within five days from the date the appeal is filed, the 10-day time period within which to file a completed appeal of abatement cost report shall not be extended.

E. The code enforcement officer or his/her designee shall present any appeal filed pursuant to this chapter to the town administrator so that he/she can arrange for the appeal to be reviewed by the town council at a regular scheduled meeting or by setting a special meeting.

F. Enforcement of the abatement cost report shall be stayed during the pendency of an appeal therefrom which is properly and timely filed pursuant to this chapter.

G. Failure to timely and properly file an appeal from an abatement cost report shall constitute a waiver of all rights to an appeal of the abatement cost report or any portion thereof. The determination that the amount of the costs set forth in the abatement cost report is accurate and reasonable shall be deemed final on the day that service of the abatement cost report is deemed completed.

8.24.160 Abatement cost report – appeals hearing process A. As soon as practicable after determining that a proper and complete appeal has been filed and presented to the town administrator by the determining code enforcement officer or his/her designee, the town administrator or his/her designee shall schedule an appeal hearing before the town council.

Such date shall be not less than 10 days from the date the appeal was filed with the town administrator.

B. As soon as feasible after the abatement costs report appeal hearing has been scheduled, the code enforcement officer or his/her designee shall prepare a notice of appeals hearing (“hearing notice”) which shall be in substantially the same form as follows:

You are hereby notified that a hearing will be held before the Fort Jones Town Council at __________________ on the ___ day of __________, ______, at the hour of _______, upon the Abatement Cost Report served upon you. You may be present at the hearing. You may be, but need not be, represented by an attorney. You may present any evidence at the hearing which pertains to the costs of abatement and/or the reasonableness of the abatement performed.

C. The code enforcement officer or his/her designee shall, at least 10 days prior to the date scheduled for the appeal hearing, cause a copy of the hearing notice to be provided to each appellant either by causing a copy of said notice to be delivered to each appellant personally or by causing a copy of said notice to be delivered by certified mail, postage prepaid, return receipt requested, and addressed to each appellant at the address shown on the appeal.

D. The issuing code enforcement officer or his/her designee, shall prepare an abatement cost hearing packet for the Fort Jones town council to review prior to the hearing. The packet shall include a copy of the notice and order, a staff report and any evidence of the violation(s). The staff report should include a written case history, a summary of the different inspections, the status of pending permit applications, a record of conversations or correspondence with the property owner or person otherwise responsible for the violation(s), and recommended corrections and repairs.

E. The Fort Jones town council shall conduct an administrative appeal hearing pursuant to the appeal procedures set forth in this chapter. The town council shall review all evidence, documents, and written testimony submitted at or before the scheduled appeal hearing and shall hear all oral testimony offered at said hearing.

F. Each party appearing at the hearing shall have the following rights:

1. To call and examine witnesses;

2. To introduce documentary and physical evidence;

3. To cross-examine opposing witnesses;

4. To impeach any witness regardless of which party first called the witness to testify;

5. To rebut evidence; and

6. To be represented by anyone who is lawfully permitted to do so.

G. If an appellant fails to attend the scheduled abatement costs appeals hearing, the hearing will proceed without the appellant and he or she will be deemed to have waived his or her rights to be orally heard at the appeals hearing.

H. At the conclusion of the hearing, the administrative appeals officer shall render his/her decisions and findings, which may include a decision to ratify the abatement cost report in its entirety, and/or modify the amount of the abatement costs to be recovered, and/or modify the terms of payment of the abatement costs. If the appellant is present at the hearing, the decision(s) of the town council shall be final at the conclusion of the hearing. If the appellant is not present at the hearing, the code enforcement officer or his/her designee shall mail notice to the appellant of the town council’s decision(s); and said decision(s) shall become final at the time said notice is deposited in the mail.

8.24.170 Abatement cost report – collection of costs
A. The owner of record of the subject property shall pay all costs of abatement no later than 30 days from the date the abatement cost report becomes final pursuant to FJMC 8.24.140 (I). The amount of the abatement costs for which the owner of record shall be responsible shall be as set forth in the final abatement cost report.

B. If the abatement costs are not paid within 30 days from the date the abatement cost report becomes due pursuant to FJMC 8.24.140 (I), the abatement costs may become a special assessment against that parcel.

C. Notice of the imposition of a special assessment may be sent by certified mail, return receipt requested, to the property owner, if the property owner’s identity can be determined from the records of the office of the Siskiyou County assessor or the office of the Siskiyou County clerk-recorder. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.

D. The notice of special assessment shall be filed and recorded in the office of the Siskiyou County clerk-recorder.

E. The fee for filing a notice of special assessment with the office of the Siskiyou County clerkrecorder shall be established by resolution of the town council.

E. Subject to the requirements applicable to the sale of property pursuant to Section 3691 of the Revenue and Taxation Code, the town may conduct a sale of vacant residential developed property for which the payment of an assessment is delinquent.

F. Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated pursuant to this chapter, excepting any conditions abated pursuant to Section 17980 of the California Health and Safety Code, the town is entitled to recover treble the costs of abatement from said owner.

G. The prevailing party in any proceeding conducted pursuant to this chapter and associated with the abatement of a public nuisance shall be entitled to recovery of attorneys’ fees incurred in any such proceeding.

8.24.180 Other remedies
A. California Unfair Business Practices Act
The town may seek and obtain any remedies which may also be available to the town pursuant to the California Unfair Business Practices Act as set forth in Sections 17000 through 17208 of the California Business and Professions Code.

B. California Drug Abatement Act
The town may seek and obtain any remedies which may also be available to the town pursuant to the California Drug Abatement Act as set forth in Sections 11570 through 11587 of the California Health and Safety Code.

C. California housing law
The town may seek and obtain any remedies which may also be available to the town pursuant to the California housing law as set forth in Sections 17910 through 17995.5 of the California Health and Safety Code.

D. California Red Light Abatement Act
The town may seek and obtain any remedies which may also be available to the town pursuant to the California Red Light Abatement Act as set forth in Sections 11225 through 11235 of the California Penal Code.

E. Recovery of civil penalties
The code enforcement officer may seek such civil penalties and other relief as may be awarded under the provisions of the unfair competition laws commencing at Section 17200 of the Business and Professions Code.

F. Certificates of occupancy suspension and/or revocation The building official may seek and order suspension and/or revocation, pursuant to the Uniform Building Code and/or any applicable statute, rule, code or regulation, of any certificate of occupancy for any property which is being maintained in violation of the Fort Jones Municipal Code, and/or any applicable statute, rule, code or regulation.

G. Fines – Assessments

1. If the fines imposed under this chapter are not paid within the time specified, such fines shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code, and shall be transmitted to the tax collector for collection and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ad valorem taxes.

2. If, subsequent to service of the notice and order prior to transmittal of the notice of unpaid costs to the tax collector for collection as set forth in subsection (A) of this section, the property subject to the notice and order is sold, or title otherwise transferred to a bona fide purchaser, said costs shall be the responsibility of the owner of record as of the date said notice and order was placed in the United States Postal System or posted on the property.

3. In addition to assessing the unpaid costs as provided in subsection (A) of this section, the tax collector or his designated representative may pursue any remedy provided by law for collection of the unpaid costs.

H. Franchise Tax Board deduction denial
The code enforcement officer may seek a court order that the owner not claim any deduction with respect to state taxes for interest, taxes, expenses, depreciation or amortization paid in association with the cited dwelling in accordance with provisions of Section 17980.7(b) of the Health and Safety Code and Sections 17274 and 24436.5 of the Revenue and Taxation Code.

I. Injunctive relief
The town may seek and obtain injunctive relief to enjoin any violation or continuing violation of the Fort Jones Municipal Code and/or any applicable statute, rule, code or regulation.

J. Penalties for maintaining substandard housing
Penalties for violations of the state housing law, Section 17910 et seq. of the Health and Safety Code, are set forth in Sections 17995 through 17995.5 of the Health and Safety Code.

K. Performance bonds
As part of any court action, the town is authorized to require any person responsible for causing or maintaining conditions which constitute a public nuisance to post a performance bond to ensure compliance with the Fort Jones Municipal Code and/or any applicable statute, rule, code or regulation.

L. Private nuisance action
The town may initiate and maintain a private nuisance action against any person or entity responsible for causing or maintaining conditions which constitute a nuisance as against any property of the town.

M. Receivership
The town may seek and obtain any remedies for an appointment of a receiver which may also be available to the town pursuant to Sections 17980 through 17992 of the California Health and Safety Code.

N. Re-inspection fees
The fee for any re-inspection shall be established by resolution of the town council.

O. Treble costs
Pursuant to Section 38773.7 of the Government Code, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner or person described in Section 38772(d)(3) of the Government Code is responsible for a condition that may be abated pursuant to Section 38773.7 of the Government Code, a court may order that person to pay treble the costs of abatement.

P. Stop work orders
The building official and any other authorized agent may seek and order stop work orders pursuant to the Uniform Building Code and/or any applicable statute, rule, code or regulation, whenever any work is being done contrary to the provisions of the Fort Jones Municipal Code and/or any applicable statute, rule, code or regulation.

Q. Warrants for abatement and inspection
Nothing in this chapter shall preclude the town from seeking abatement and/or an inspection warrant at any time and independent from any other remedy provided by the Fort Jones Municipal Code and/or any applicable statute, rule, code or regulation.

R. Cumulative remedies
The remedies set forth in this chapter shall be cumulative and in addition to any and all other remedies, civil, equitable or criminal, afforded to the town under the law. 11960 East Street • P.O. Box 40 • Fort Jones, CA 96032 • 530 468-2281 RESOLUTION NO. 1101

A RESOLUTION OF THE COUNCIL OF THE TOWN OF FORT JONES ESTABLISHING

CERTAIN FEES FOR NUISANCE ABATEMENT
WHEREAS, the Council of the Town of Fort Jones has determined that in order to continue providing effective services for the public welfare, the Town must establish and increase fees for certain municipal services in order to accurately reflect the Town’s true cost in providing such services; and WHEREAS, the Council desires fees for following purposes:

A. A specific Town benefit conferred or privilege granted (California Constitution, Article XIII C, §1 (e)(1));
B. A Town service or product (California Constitution, Article XIII C, §1 (e)(2)); C. A charge imposed for Town’s issuing licenses and permits, performing investigations, inspections, and audits, and administrative enforcement - and adjudication (California Constitution, Article XIII C, § I (e)(3)); or
D. A monetary charge imposed by the Town as a result of a violation of law (California Constitution, Article XIII C, § 1 (e)(5)); and
WHEREAS, the Town has incurred costs as part of citing and abating nuisances and building violations on private property.

NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF FORT JONES:

SECTION 1. The following Fees will be levied against the property/property owner:

1. Filing Fee to Siskiyou County Clerk-Recorder: Actual Cost

2. Mailing Fee: Actual cost, set by the United States Postal Service, plus $10 processing fee

3. Re-Inspection Fee: $200 per property/parcel

4. Travel Costs: IRS Reimbursement Rate

5. Staff Time: $50/hour
Nothing in this chapter is intended to prohibit or preclude the town from seeking and recovering any costs pursuant to Sections 1032 through 1033.5 of the Code of Civil Procedure SECTION 2. There is a reasonable relationship between the fees to be collected for the provision of various Town services and the Town’s costs in providing those services, as identified in the data made available.

Agenda Item 5
11960 East Street • P.O. Box 40 • Fort Jones, CA 96032 • 530 468-2281 SECTION 3. That the cost of nuisance and building abatement services shall constitute an assessment against the parcel and shall be a lien on such parcel of land in accordance with provisions of the Government Code of the State of California, Health and Safety Code of the State of California.

The foregoing resolution was adopted at a regular meeting of the Town Council of the Town of Fort Jones, held on the 15th day of February, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ________________________________
Michelle DeCausmaker, Mayor
ATTEST: ________________________________
Celeste McFall, City Clerk
APPROVED AS TO FORM and LEGAL CONTENT: _______________________________ Margaret Long, City Attorney
ORDINANCE NO. 2022-4

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FORT JONES

AMENDING THE ABANDONED VEHICLES ORDINANCE
The Town Council of the Town of Fort Jones does ordain as follows:

Section 1: The Town hereby amends its code by adding the following as sections, attached hereto as Exhibit A:

Chapter: 10.08 Abandon, Wrecked or Dismantled Vehicles
INTRODUCED at a regular meeting of the Town Council of the Town of Fort Jones, California, on the 15th day of February, 2022, and adopted at a regular meeting of the Town Council of the Town of Fort Jones, California, on the 14th day of March, 2021.

APPROVED: ________________________________
Michelle DeCausmaker, Mayor
ATTEST: ___________________________________
Celeste McFall, City Clerk
The foregoing Ordinance No. 2022-4 was adopted at a regular meeting of the Town Council of the Town of Fort Jones, held on the 14th day of March, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABANDONED, WRECKED OR DISMANTLED VEHICLES
Sections:

10.08.010 General purpose

10.08.020 Definitions

10.08.030 Unlawful to abandon

10.08.040 Chapter application

10.08.050 Chapter application – Exclusions

10.08.060 Chapter application – Not to exclude other provisions.

10.08.070 Enforcement – Responsibility and right of entry

10.08.080 Public nuisance – Determination and right to abate

10.08.090 Abatement and removal – Notice

10.08.100 Abatement and removal – Notice requirements

10.08.110 Abatement and removal – Exceptions

10.08.120 Abatement and removal - Appeals

10.08.130 Vehicle disposition

10.08.140 Vehicle disposition – Notice to DMV

10.08.150 Vehicle disposition – Low-valued vehicle

10.08.160 Assessment of cost against real property

10.08.170 Assessment of cost against real property – Recordation of abatement lien

10.08.180 Assessment of cost against real property – Release of abatement lien

10.08.190 Recovery of costs – Abandoned vehicles

10.08.010 General purpose
A. This chapter is enacted under the authority granted by the state of California under Sections 22660 and 22710 of the Vehicle Code, for the purpose of establishing procedures for the abatement and removal, as public nuisances, of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, from private or public property in the town of Fort Jones, including highways, and for the recovery of the cost of such removal and administration of this chapter.

B. The existence, accumulation, and storage of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, on private or public property, creates conditions likely to reduce the value of real property in the vicinity, promote blight and deterioration, and invite plundering, create fire hazards and harborage for rodents and insects, and is injurious to the public peace, health, safety, and general welfare. The presence of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, within the town constitutes a public nuisance, which the town of Fort Jones is empowered to abate and remove in accordance with the provisions of this chapter.

10.08.020 Definitions
The meanings ascribed to the terms set forth in this section shall govern the interpretation of this chapter:

A. “Abandoned” shall mean the status of a vehicle or part thereof when the vehicle owner has ceased to assert or exercise any interest, right or title therein without intent to resume or reassert such interest, right or title.

B. “Dismantled” shall mean the condition of a vehicle which has been taken apart, or to pieces, and/or stripped, or otherwise deprived of any of its integral parts or equipment.

C. “Highway” shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. “Highway” includes “street”.

D. “Inoperative” shall mean the condition of a vehicle which is physically incapable of working, functioning, or otherwise operating to produce its designed effect.

E. “Motor vehicle” shall mean a vehicle which is self-propelled.

F. “Property owner” shall mean the owner of the land where a vehicle or part thereof subject to regulation pursuant to this chapter is situated, as shown on the last equalized assessment roll of the town.

G. “Public Property” does not include “highway”.

H. “Street” shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. “Street” includes “highway”.

I. “Vehicle” shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. “Vehicle” includes any “motor vehicle”.

J. “Vehicle owner” shall mean both the last registered owner, within the meaning of Section 505 of the Vehicle Code, and the last legal owner, within the meaning of Section 370 of the Vehicle Code, a vehicle or part thereof subject to regulation pursuant to this chapter, as shown in the records of the Department of Motor Vehicles.

K. “Wrecked” shall mean the condition of a vehicle which consists of disordered or broken remains, or which has been brought to a physically impaired or unsound condition or other ruinous state by reason of collision, crash, or other forceful impact.

10.08.030 Unlawful to abandon.

It shall be unlawful for any person owning a vehicle or vehicle part to allow the vehicle or part to be abandoned, wrecked, inoperative or dismantled on any property, public or private, in the town of Fort Jones, except as authorized by the Fort Jones Municipal Code.

10.08.040 Chapter Application
Except as otherwise expressly provided by FJMC 10.08.050 and the procedures adopted pursuant to the latter section, this chapter shall apply to abandoned, wrecked, dismantled, or inoperative vehicles, or any part thereof, situated upon any private or public property, including highways, within the Town of Fort Jones.

10.08.050 Chapter application – Exclusions
This chapter shall not apply to any vehicle or part thereof which is either:

A. Completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property.

B. Stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or a junkyard; or C. Stored upon private property in the manner authorized by the zoning code.

D. Located behind a solid fence six feet in height or which is not plainly visible from a highway.

E. The exceptions provided by this section shall not be construed to authorize the maintenance of a public or private nuisance, as such nuisance may be defined under any provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code.

10.08.060 Chapter application – Not to exclude other provisions.

This chapter shall not be construed as excluding any other lawful remedies available to the town of Fort Jones for regulation, abatement, and/or removal of abandoned, wrecked, dismantled, or inoperative vehicles situated within the town. The procedures provided by this chapter shall be in addition to any other applicable regulations, statutes, or ordinances heretofore or hereinafter enacted by the state of California, this town, or any other entity having jurisdiction in the matter.

10.08.070 Enforcement – Responsibility and right of entry A. The chief of police, code enforcement officer, or designated representative is charged with the responsibility of administering this chapter and exercising the authority conferred thereby and may enter upon private property for purposes of administering and enforcing this chapter, to examine a vehicle or parts thereof, to obtain information as to the identity of the vehicle and to remove or cause to be removed a vehicle or part thereof declared to be a nuisance pursuant to this chapter.

B. Any person, firm or corporation authorized by the town to remove vehicles from property for purposes of enforcement of this chapter may enter upon private property to perform such removal of vehicle or parts thereof declared to be a nuisance pursuant to this chapter.

C. If entry to private property is denied, the chief of police, code enforcement officer, or designated representative, shall obtain any warrant necessary, except in the case of emergency in which case no warrant is required.

10.08.080 Public nuisance – Determination and right to abate.

If the chief of police, code enforcement, or designated representative, finds that reasonable grounds exist to believe that a vehicle or part thereof is abandoned, wrecked, dismantled or inoperative at any location to which this chapter applies pursuant to FJMC 10.08.040, the determining officer or designated representative, shall declare such vehicle or part to be a public nuisance and thereupon proceed to abate such nuisance in the manner prescribed by this chapter.

10.08.090 Abatement and removal – Notice
Except as otherwise provided by FJMC 10.08.110, the chief of police, code enforcement, or designated representative, shall issue, not less than 10 days in advance, a written notice of intention to abate and remove any vehicle or part thereof which has determined to be a public nuisance pursuant to FJMC 10.08.080. The determining officer or designated representative shall mail such notice by first class certified mail, return receipt requested, to the property owner and to the vehicle owner, unless the vehicle is in such condition that identification numbers are not available to determine vehicle ownership. The determining officer or designated representative shall post a copy of the notice upon or at the site of such vehicle or part.

10.08.100 Abatement and removal – Notice requirements
A. The notice required by FJMC 10.08.090 of intention to abate and remove vehicle shall contain a statement of the hearing rights of the property owner and of the vehicle owner, in accordance with FJMC 10.08.120. Such statement shall include notice to the property owner that he or she may either appear in person at a hearing or submit a sworn written statement denying responsibility for the presence of the vehicle or part thereof on his or her land, with the reasons for such denial, in lieu of appearing.

B. The notice shall specify the address of the real property where such vehicle or part is situated, a description identifying such vehicle or part, and the condition thereof found by the determining officer or designated representative, to constitute a public nuisance, the section(s) of this chapter found by the determining officer or designated representative to have been violated, and state that either voluntary abatement thereof or request for a hearing must be made by the property owner or vehicle owner, in the manner prescribed by FJMC 10.08.120, within 10 days from the date of such notice, and that the failure to so request such a hearing shall constitute waiver of the right thereof. Such notice shall specify that if the abatement is made by the town costs may be assessed against the property owner in accordance with Section 25845 of the Government Code, or, in the case of an abandoned vehicle, against the last registered owner of record, in accordance with Section 22524 of the Vehicle Code.

10.08.110 Abatement and removal – Exceptions
The chief of police, code enforcement, or designated representative, shall not be required to issue notice pursuant to FJMC 10.08.090 if:

A. The property owner and vehicle owner have each signed a release authorizing removal and waiving further interest in the vehicle or part thereof; or B. The vehicle or part is:

1. Inoperable due to the absence of a motor, transmission, or wheels; and

2. Is incapable of being towed; and

3. Is valued at less than $200.00 by a person specified in Section 22855 of the Vehicle Code; and

4. Is determined by the chief of police, code enforcement, or designated representative to be a public nuisance presenting an immediate threat to public health or safety; and

5. Is located on a parcel that is either zoned for agricultural use or not improved with a residential structure containing one or more dwelling units; and

6. The property owner has signed a release authorizing removal and waiving further interest in the vehicle or part.

10.08.120 Abatement and removal - Appeals
A. Either within 10 days after the date of the notice of intention prescribed by FJMC 10.08.090 is mailed, or at the time of signing a release pursuant to FJMC 10.008.110(A) or (B)(6), the property owner and/or the vehicle owner may appeal the determination that a vehicle or part be abated.

B. If the property owner submits a sworn written statement pursuant to FJMC 10.08.100 denying responsibility for the presence of the vehicle or part on his or her land within the 10- day period prescribed by this section, such statement shall be construed a request for hearing which does not require the presence of the property owner. If no request for hearing is received by the chief of police, code enforcement, or designated representative within the time prescribed by this section, the determining officer or designated representative shall cause the vehicle or part to be removed and disposed of in the manner authorized by this chapter.

10.08.130 Vehicle disposition
A. The chief of police, code enforcement, or designated representative may dispose of a vehicle or part thereof under this chapter by removal thereof to a licensed scrapyard, automobile dismantler’s yard, or other site authorized by Section 22662 of the Vehicle Code.

B. After a vehicle has been removed pursuant to this chapter, such vehicle shall not be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004 of the Vehicle Code.

10.08.140 Vehicle disposition – Notice to DMV
Within five days following the date of removal of a vehicle or part thereof under this chapter, the determining officer or designated representative shall give notice of such removal to the Department of Motor Vehicles, identifying the vehicle or part, together with any evidence of registration obtained by the determining officer or designated representative, including, without limitation, the registration card, certificate of ownership, or license plate.

10.08.150 Vehicle disposition – Low-valued vehicle
Prior to final disposition of a vehicle described by FJMC 10.08.110(B) for which evidence of registration was recovered, the determining officer or designated representative shall provide the vehicle owner with written notice of intent to dispose of the vehicle or part from a site authorized by Section 22662 of the Vehicle Code. Such notice shall state that if the vehicle or part is not claimed and removed within 12 days following the date such notice is mailed, final disposition shall proceed.

10.08.160 Assessment of cost against real property
A. If the property owner fails to pay, upon demand, the cost of abatement incurred by the town in the enforcement and administration of this chapter, such costs may be especially assessed against the real property involved, pursuant to Sections 38773 through 38773.5 of the Government Code. Such assessment shall be collected at the same time and in the same manner as are town ad valorem property taxes.

B. Cost of enforcement and administration of this chapter shall include, but not be limited to, charges for each vehicle cited under this chapter, a towing fee for each vehicle towed pursuant to this chapter and a fee to cover the cost of staff time involved in any action, administrative proceeding, or special proceeding required by this chapter, inspection of vehicles and other property, publication, mailing and posting of notices, conducting hearings, processing appeals and pursuing any judicial action. Such charges shall be established from time to time by resolution of the town council and shall not exceed the actual cost to the town of enforcement and administration of this chapter.

10.08.170 Assessment of cost against real property – Recordation of abatement lien In the case of any special assessment made pursuant to FJMC 10.08.160, Assessment of cost against real property, the determining officer or designated representative shall cause a notice of abatement lien to be recorded in the office of the Sacramento County clerk-recorder. Such notice shall identify the property owner, or possessor of the property, his or her last known address of record, the date upon which abatement was ordered, the date that the abatement was completed, a description of the real property subject to the lien, and the amount of the abatement costs.

10.08.180 Assessment of cost against real property – Release of abatement lien The chief of police, code enforcement, or designated representative may release or subordinate an abatement lien imposed under this chapter in the same manner as provided by law for release or subordination of a judgment lien on real property.

10.08.190 Recovery of costs – Abandoned vehicles
Pursuant to Section 22524 of the Vehicle Code, the chief of police, code enforcement, or designated representative shall be authorized to seek recovery of costs incurred by the town for the removal and disposition of an abandoned vehicle from the last registered owner thereof.
11960 East Street • P.O. Box 40 • Fort Jones, CA 96032 • 530 468-2281 RESOLUTION NO. 1102

A RESOLUTION OF THE COUNCIL OF THE TOWN OF FORT JONES ESTABLISHING

CERTAIN FEES FOR WRECKED VEHICLE ABATEMENT
WHEREAS, the Council of the Town of Fort Jones has determined that in order to continue providing effective services for the public welfare, the Town must establish and increase fees for certain municipal services in order to accurately reflect the Town’s true cost in providing such services; and WHEREAS, the Council desires to fees for following purposes:

NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF FORT JONES:

SECTION 1. The following Fees will be levied against the property/property owner:

1. DMV Costs: Actual Cost

2. Mailing Fee: Actual cost, set by the United States Postal Service, plus $10 processing fee

3. Travel Costs: IRS Reimbursement Rate

4. Towing Costs: Actual Cost

SECTION 3. That the cost of Wrecked and/or Abandoned Vehicle abatement services shall constitute an assessment against the owner and shall be a lien on such property in accordance with provisions of the Government Code of the State of California, Health and Safety Code of the State of California.

Agenda Item 7
11960 East Street • P.O. Box 40 • Fort Jones, CA 96032 • 530 468-2281 The foregoing resolution was adopted at a regular meeting of the Town Council of the Town of Fort Jones, held on the 15th day of February, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FORT JONES AMENDING TITLE 8 HEALTH AND SAFETY
The Town Council of the Town of Fort Jones does ordain as follows:

Section 1: The Town hereby amends its code by adding or amending the following as sections, attached hereto as Exhibit A:

8.04 Residential Burning

8.12 Public Consumption of Marijuana/Cannabis
Section 18.52 Prohibiting the Operation of Cannabis Dispensaries within the City Limits (Removed from Zoning)

8.20 Fire Code (originally Chapter 15.04 Fire Code of Buildings and Construction)

8.28 Weed and Rubbish Control
INTRODUCED at a regular meeting of the Town Council of the Town of Fort Jones, California, on the 15th day of February, 2022, and adopted at a regular meeting of the Town Council of the Town of Fort Jones, California, on the 14th day of March, 2022.

APPROVED: ________________________________
Michelle DeCausmaker, Mayor
ATTEST: ___________________________________
Celeste McFall, City Clerk
The foregoing Ordinance No. 2022-5 was adopted at a regular meeting of the Town Council of the Town of Fort Jones, held on the 14th day of March, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Celeste McFall, City Clerk
APPROVED AS TO FORM and LEGAL CONTENT: _________________________________ Margaret Long, City Attorney
Agenda Item 8

EXHIBIT A
Title 8

HEALTH AND SAFETY
Chapters:

8.04 Residential Outdoor Burning

8.08 Cannabis Cultivation

8.12 Public Consumption of Marijuana/Cannabis

8.16 Medical Cannabis Dispensaries

8.20 Fire Prevention

8.24 Public Nuisance

8.28 Weed and Rubbish Control
Chapter 8.04

RESIDENTIAL OUTDOOR BURNING
Sections:

8.04.010 Burning regulations

8.04.020 Burn permit required

8.04.030 Authority of Fire Chief.

8.04.040 Cost incurred for fire suppression

8.04.010 Burning regulations
A. No person shall ignite, or allow to become ignited, allowable combustibles unless it is a permissive burn day in the County. Permits are required year-round within the town. No person shall dispose of dry, natural vegetation waste originating on the premises from yard maintenance, if reasonably free of dirt, soil and surface moisture from any property by burning unless the following minimum drying periods are met:

1. Pruning and small branches – 3 weeks;

2. Grass clippings – 3 weeks with turning once per week;

3. Large branches (6 inches and larger) and trees – 8 weeks

4. Unwanted trees – 3 months;

5. All unwanted trees over 6 inches in diameter shall be felled and dried prior to the burn B. No person shall conduct residential waste burning in piles unless the following conditions are met:

1. Piles are no larger than four (4) feet in diameter;

2. The material to be burned is dry;

3. The material to be burned originated on the premises. (Ord. 12-05-2016) C. Incinerator burning is prohibited – no exceptions.

8.04.020 Burn permit required
Open outdoor fires for the disposal of natural vegetation, only on a permissive burn day, shall be granted for the following:

A. Right-of-way clearing by a public entity or utility or for levee, reservoir or ditch maintenance.

B. The disposal of wood waste from trees, vines, or bushes on property being developed for commercial or residential purposes or the disposal of brush cuttings resulted from brush clearance done in compliance with local ordinances to reduce fire hazard, on the property where it was grown, if reasonably free of dirt, soil and surface moisture. Burning under this subdivision is subject to the conditions specified in Section 41803 and 41804 of the California Health and Safety Code and the following drying times:

1. Prunings and small branches – 3 weeks;

2. Grass clippings – 3 weeks with turning once per week;

3. Large branches (6 inches and larger) and trees – 8 weeks

4. Unwanted trees – 3 months;

5. All unwanted trees over six (6) inches in diameter shall be felled and dried prior to the burn.

Burn permits can be obtained free of charge at Fort Jones Fire Department located at 31 Newton St. For Burn Day information call 842-8123 or 1-866-652-2876 toll-free within Siskiyou County. For further information or questions regarding burning call 468-2261. (Ord 12-05-2016)

8.04.030 Authority of fire chief
The chief of the fire department may delay issuance of any such permit, postpone the time provided in the permit for burning, or revoke any such permit at any time when, in his/her judgment, conditions exist which might cause the burning of such rubbish to be or become hazardous. (Ord. --- (c), 19--)

8.04.040 Costs incurred for fire suppression
Any expense incurred by the town in suppressing any fire resulting in the burning pursuant to any such permit or for the protection of property endangered by the burning pursuant to any such permit shall be borne by the permittee. The permittee, by applying for such permit, shall be deemed to have agreed to bear all such expense, which expense shall be in accordance with the rates established by the chief of the fire department and approved by the town council. (Ord. --- (d), 19--)
Chapter 8.12

PUBLIC CONSUMPTION OF MARIJUANA/CANNABIS
Sections:

8.12.010 Purpose and findings

8.12.020 Prohibition

8.12.030 Penalty

8.12.010 Purpose and Findings
A. On November 5, 1996, the voters of the state of California approved Proposition 215 enacting Section 11362.5 of the Health and Safety Code. That section permits, for purposes of state law, the limited use, cultivation and possession of marijuana for specified medical purposes.

B. On January 1, 2018, Prop 64 made it legal for persons age 21 and older to possess and use small amounts of marijuana (also known as “pot” or “weed”) and cultivate up to 6 living marijuana plants.

C. While recognizing the enactment of Section 11362.5 of the Health and Safety Code and the passing of Prop 64, the town council believes that the open and public use of marijuana, which might otherwise be permitted by the above, (1) is injurious to public health in many of the same ways that tobacco consumption is injurious to the public health and (2) provides to a public, including minors, not privy to reasons for such use, a deleterious example regarding the consumption of otherwise illicit, controlled substances.

D. Therefore, the town council believes it necessary to balance the uses of marijuana permitted by Section 11362.5, Prob 64, the public health and the need to recognize that possession and use of marijuana for other purposes remains illegal.

8.12.020 Prohibition
The consumption of marijuana otherwise permitted by Section 11362.5 of the California Health and Safety Code, and Prob 64 are hereby prohibited on any public property or in any facility or space to which members of the public have access.

8.12.030 Penalty
Violations of this chapter shall be a misdemeanor punishable by a fine not exceeding $1,000, imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

Chapter 8.16

MEDICAL CANNABIS DISPENSARIES
Sections:

8.16.010 Purpose

8.16.020 Definition

8.16.030 Prohibited

8.16.010 Purpose
The purpose of this chapter is to determine the regulations for medical cannabis dispensaries with in the Town of Fort Jones.

8.16.020 Definition
“Medical Cannabis Dispensary” is defined as a facility where cannabis or its derivatives are made available for medical purposes in accordance with the California “Compassionate Use Act”, Health and Safety Code 11362.5 (Proposition 215, 1996) or the “Medical Cannabis Program”, Health and Safety Code 11362.7.

8.16.030 Prohibited
Establishing a medical cannabis dispensary is a prohibited use of the land within all zones of the Town of Fort Jones and may be abated as a nuisance.

Chapter 8.20

FIRE PREVENTION
Sections:

8.20.010 Adoption of California Fire Code

8.20.020 Enforcement

8.20.030 Definitions

8.20.040 Modifications

8.20.050 Appeals

8.20.060 Penalties

8.20.010 Adoption of California Fire Code
Adopted by the town for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, that certain code and standards known as the California Fire Code, Title 24, California Code of Regulations, Part 9, incorporating the International Fire Code published by the International Code Council, being in particular the 2019 Edition, including the appendices thereof, and the International Fire Code Standards published by the International Code Council, being particularly the 2019 Edition, and the wholes thereof, save and except such portions as hereinafter deleted, modified or amended therein.

Not less than one copy of such code has been and now is filed with the town clerk of Fort Jones.

A copy will also be available at the Fort Jones Fire Department.

8.20.020 Enforcement
A. The chief, of the Fort Jones fire department or his/her designee, shall have authority to enforce this chapter and issue citations, if he/she has obtained the PC 832 certificate, for violations of this code pursuant to Section 832 of the California Penal Code.

B. The code enforcement officer, chief of police or his/her designee, shall have authority to enforce this chapter and issue citations for violations of this code pursuant to Section 832 of the California Penal Code.

8.20.30 Definitions
A. Whenever the words “International Fire Code” are used in this chapter, they shall mean the California Fire Code, Title 24, California Code of Regulations, Part 9, incorporating the 2019 Edition of the International Fire Code.

B. Wherever the word “municipality” is used in the International Fire Code, it shall mean the town of Fort Jones.

C. Wherever the words “Chief” or “Chief of the Bureau of Fire Prevention” are used in the International Fire Code, they shall mean the chief of the town of Fort Jones fire department or his/her designee.

8.20.040 Modifications
A. The chief or his/her designated representative may modify any of the provisions of the International Fire Code upon application in writing by the owner or lessee, or his/her duly authorized agent, when the chief or his/her designated representatives determine there are practical difficulties in the way of carrying out the strict letter of the code; provided, that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the chief or his/her designated representative thereof shall be entered upon the records of the department and a signed copy shall be furnished to the applicant.

B. For the purposes of this section, the cost of compliance with the provisions of this code shall not constitute a practical difficulty.

8.20.050 Appeals
Any person aggrieved by any decision or action of the fire department chief, chief of police, code enforcement or their designee may appeal to the Fort Jones town council, by filing a written notice of appeal with the town clerk within 30 days from the date such decision or action was taken.

8.20.060 Penalties
A. Any person who violates any of the provisions of this chapter and the code hereby adopted or fails to comply therewith, or who violates or fails to comply with any order made hereunder, or who builds in violation of any detailed statement of specifications or plans hereunder, or who fails to comply with such an order as affirmed or modified by the city council of Etna or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation be guilty of an infraction. Any person who violates Appendix Chapter 1, Section 109.2.3.1, Citations, Section 109.2.2, Compliance with Orders or Notices, and Section 109.2.4, Unauthorized Tampering, shall be guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all persons shall be required to correct or remedy such violation or defects within a reasonable time to be determined by the enforcing officer/chief on a case-by-case basis. When not otherwise specified each day or portion thereof during which any violation occurs or continues shall constitute a separate offense.

B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

Chapter 8.28

WEED AND RUBBISH CONTROL
Sections:

8.28.010 Findings

8.28.020 Definitions

8.28.030 Concurrent authorities

8.28.040 Enforcement

8.28.050 Prohibited conduct

8.28.060 Firebreak required

8.28.070 Accumulation of tires

8.28.080 Penalty – Infraction

8.28.010 Findings
The town council finds and declares that the uncontrolled growth and/or accumulation of grass, weeds or other materials or obstructions on sidewalks, streets, and on lands or lots is dangerous or injurious to neighboring property and the health or welfare of residents of the vicinity and is a public nuisance in that it creates a condition that reduces the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, creates a harbor for rodents and insects and is injurious to the health, safety and general welfare.

8.28.020 Definitions
As used in this chapter:

A. “Garbage” includes, but is not limited to, the following: waste resulting from the handling of edible foodstuffs or resulting from decay, and solid or semisolid putrescible waste, and all other mixed, nonrecyclable wastes which are generated in the day-to-day operation of any business, residential, governmental, public or private activity, and may include tin cans, bottles and paper or plastic, or other synthetic material, food or beverage containers.

B. “Refuse” includes rubbish and garbage, as defined herein.

C. “Rubbish” includes all the following, but is not restricted to non-putrescible wastes, such as paper, cardboard, grass clippings, tree or shrub trimmings, wood, bedding, crockery, rubber tires, construction waste and similar waste materials.

D. “Weeds,” as used in this chapter, includes any of the following:

1. Weeds which bear seeds of a downy or wingy nature;

2. Sagebrush, chaparral, and any other brush or weeds which attain such hard growth as to become, when dry, a fire menace to adjacent improved property;

3. Weeds and grasses which are otherwise noxious;

4. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health;

5. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard.

E. “Weeds, accumulation of” includes, but is not limited to, permitting or allowing the growth of weeds.

F. “Tire” means a pneumatic tire or solid tire manufactured for use on any type of motor vehicle. As defined in California Public Resources Code Section 42806.

G. Waste Tire. Public Resources Code (PRC) Section 42807 defines a “waste tire” as a tire that is no longer mounted on a vehicle and is no longer suitable for use as a vehicle tire due to wear, damage, or deviation from the manufacturer’s original specifications. A waste tire includes a repairable tire, scrap tire, and altered waste tire, but does not include a tire-derived product, crumb rubber, or a used tire that is organized for inspection and resale by size in a rack or a stack in accordance with California Public Resources Code Section 42806.5.

H. “Used tire” as defined in California Public Resources Code Section 42806.5 means a tire that meets all of the following requirements:

1. The tire is no longer mounted on a vehicle but is still suitable for use as a vehicle tire.

2. The tire meets the applicable requirements of the Vehicle Code and Title 13 of the California Code of Regulations.

3. The used tire is ready for resale, is stored by size in a rack or a stack not more than two rows wide, but not in a pile, and is stored in accordance with local fire and vector control requirements and with state minimum standards.

4. A used tire stored pursuant to this section shall be stored in a manner to allow the inspection of each individual tire.

8.28.030 Concurrent authorities
This chapter is not the exclusive regulation for weed and refuse abatement within the town. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore and hereafter enacted by the county, the state, or any other legal entity or agency having jurisdiction.

8.28.040 Enforcement
The division of authority for enforcement of this chapter shall be as follows:

A. The chief of the town of Fort Jones fire department shall have authority to enforce this chapter and issue citations, if he/she has obtained the PC 832 certificate, for violations in their respective districts, pursuant to California Penal Code Section 832.

B. The code enforcement officer, chief of police and/or designee for the town of Fort Jones shall have authority to enforce this chapter and issue citations for violations in their respective districts, pursuant to California Penal Code Section 832.

C. The county fire warden shall have authority to enforce this chapter in the town of Fort Jones upon request of the chief of the town of Fort Jones fire department.

8.28.050 Prohibited Conduct
A person shall not dump weeds or refuse, nor shall he permit the dumping of weeds or refuse, nor shall he permit the accumulation of weeds or refuse, on his property or on any other property in such a manner as to constitute a fire hazard.

8.28.060 Firebreak Required
All dry grass, brush, vines or other dry vegetation shall be cleared for an area of not less than 30 feet from all structures, combustible fences, vehicles and combustible storage. The chief of the town of Fort Jones fire department may require additional clearances when topographical or geographical conditions warrant said action.

8.28.070 Accumulation of tires
A. No person shall allow, permit or have an accumulation of used tires or waste tires on any property within the town of Fort Jones which tends to create a fire hazard.

B. Exception. When tires are stored for the course of a normal licensed retail business.

8.28.080 Penalty – Infraction
A. Violation of any of the provisions of this chapter, or failure to comply with any of the regulatory requirements of this chapter is an infraction.

B. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of this code is committed, continued or permitted by any such person, and he shall be punishable accordingly.

DISCUSSION / REPORTS

ACTION ITEMS
11960 East Street ● P.O. Box 40 ● Fort Jones, CA 96032 ● 530 468-2281

THE TOWN OF FORT JONES
TO: FORT JONES CITY COUNCIL
MEETING DATE: FEBRUARY 15, 2022
FROM: KARL DREXEL, CITY ADMINISTRATOR
SUBJECT: PRESENTATION BY YOUTH EMPOWERMENT SISKIYOU
EXECUTIVE DIRECTOR RE: POOLING FUNDS FOR YOUTH

SHELTER
BACKGROUND:

Sarah Springfield, Executive Director of Youth Empowerment Siskiyou has requested to discuss with the Council a proposal to join other cities in Siskiyou County to pool the Housing and Community Development’s Permanent Local Housing Allocation (PLHA) to fund a youth shelter.

The PLHA funds are a per capita grant from HCD for projects that benefit the homeless. Since our local homelessness is not an issue, we have not committed to any programs that would be eligible for funding. However, if the Town does not claim a program for funding, the funds go back to the State General Fund.

RECOMMENDATION:

Staff recommends the Council hear the presentation and discuss the project and the specifics of the application. If the project seems worthwhile for homeless youth in Siskiyou County and the Youth Empowerment Siskiyou can process and submit all applications and supporting documents, then I would recommend we allow them to use our allocation for the PLHA.

Agenda Item 9
From: Michelle DeCausmaker
To: Karl Drexel
Subject: Fwd: Homeless Youth Services in Siskiyou County Date: Thursday, October 28, 2021 10:52:34 AM
Hi Karl,
Wanted to share this with you, I won’t be able to meet with her one on one.

But thought Council meeting would be good.

Hope that’s Ok with you.

Michelle
---------- Forwarded message ---------
From: Michelle DeCausmaker <[email protected]>
Date: Thu, Oct 28, 2021 at 10:49 AM
Subject: Re: Homeless Youth Services in Siskiyou County To: Sarah Springfield <[email protected]>
Hi Sarah,
Would you be willing to talk about your mission at our City Council meeting next month ? That is a great way to get information out to our Citizens.

Will you be living in Town ? And welcome to Scott Valley.

On Thu, Oct 28, 2021 at 10:39 AM Sarah Springfield <[email protected]> wrote:

Hi Michelle,
I don't think that we've yet had the opportunity to meet in person, so I wanted to reach out and introduce myself: I'm Sarah, the executive director of Youth Empowerment Siskiyou, a non-profit headquartered in Yreka that serves foster kiddos and other trauma-exposed youth throughout the county. You might be familiar with some of our agency's programs, including CASA of Siskiyou County and Camp YES (formerly Camp HOPE Siskiyou). Rooted in our work in the foster care system, we've recently launched programs supporting youth experiencing homelessness as well and are rapidly trying to expand our service offerings to meet the growing need. We're aiming to open a youth shelter, likely located in Yreka but serving youth from anywhere in the county, and are trying to pull together the community support and resources necessary to do so. Do you have any time in the coming weeks for a meeting to discuss those needs and opportunities? I'm working to build a partnership between a few cities to pool PLHA funds to address homelessness locally -- but if we don't apply before Dec. 31, the funds will be returned to the state.

On a personal note, after eight years on the Klamath River, I'm moving to Ft. Jones in just a few days! Looking forward to working with you as a constituent as well.

Thanks,
Sarah
--
Sarah Springfield
Executive Director
Youth Empowerment Siskiyou
530-841-0844
From: Celeste McFall
To: Karl Drexler
Subject: FW: Agenda item for 2/14 council meeting
Date: Tuesday, February 1, 2022 2:07:00 PM
From: Sarah Springfield <[email protected]>
Sent: Tuesday, February 1, 2022 2:05 PM
To: Celeste McFall <[email protected]>
Subject: Re: Agenda item for 2/14 council meeting
"Partnering with City of Yreka" is best! Eventually YES will apply for the funds from Yreka. If the council wants to ensure that the funds are directed to youth services and a youth shelter, as they have indicated at past meetings, that will need to be explicitly clear also, as Yreka is looking at possibly funding other projects with these monies (as well as youth services).

On Tue, Feb 1, 2022 at 1:44 PM Celeste McFall <[email protected]> wrote:

Karl is asking if the wording for the agenda should say “partnering with City of Yreka” or “partnering with Y.E.S”-?
Celeste McFall
Office Manager
The Town of Fort Jones
“Gateway to the Marble Mountains”
11960 East St.

Fort Jones, CA 96032
(530) 468-2281
www.fortjonesca.org
From: Sarah Springfield <[email protected]>
Sent: Tuesday, February 1, 2022 10:39 AM
To: Celeste McFall <[email protected]>
Subject: Agenda item for 2/14 council meeting
Hi Celeste,
I would love to be back on the agenda for the 2/14 council meeting regarding the PLHA funds and our pitch to direct them to youth services, including a shelter in Yreka. I won't have a resolution for the council to adopt yet to pool the funds with Yreka but I would like to give an update based on Yreka's movement on the application this year under their new city manager.

We'll be discussing the application again at the Yreka meeting tonight so I anticipate more details to share by the 14th! Let me know if you need more info for the agenda.

Thanks!
-Sarah
--
Sarah Springfield
Executive Director
Youth Empowerment Siskiyou
530-841-0844
From: Trin Davis
To: [email protected]; [email protected]
Subject: Bev White Tournament
Date: Tuesday, February 1, 2022 1:25:02 PM
To the City of Fort Jones
RE: Bev White Memorial Tournament and the Fort Jones Little League Field To whom it may concern.

This past year (August 2021) was the first year that the annual Bev White Tournament was asked to pay a daily fee to use the Fort Jones Little League Field.

While we understand the objective it is our thought that this was an unfortunate choice by the city that we have donated so much to.

Through the 40 years that the Bev White Tournament has continued we have not only donated to the community, but directly to the little league field. The scoreboard as well as the snack shack were funded by the monies raised by the Bev White Tournament. All proceeds from our memorial tournament are donated directly into our community.

Before being asked to pay $450 to rent the field, we had planned on donating picnic tables to improve the field. However, we will not be able to pay a rental fee as well as donate back to the little league field.

We also have recommendations because we feel that the condition of the field, tables and bathrooms do not warrant the fee of $150 per day. We as a community came out many days prior to our tournament to pull weeds, drag the field, pick up trash and broken glass to get ready for our tournament. One dugout was filled with standing water and mud and had to be roped off so children and dogs would not be in danger. On the Friday that our rental agreement started we called the city to have the bathrooms maintained. The only remedy was to leave the bathrooms without hot water for the entirety of our event.

We do acknowledge and appreciate the council members who came on Friday and Saturday to clean the bathrooms and pick up trash during our event.

The condition of the field itself does not warrant the steep price tag. The dugouts are close to being an actual danger. The field itself is full of holes, the infield is infested with weeds, the lip around the infield leads to twisted ankles and bad hops of hard-hit balls. There is a tree hanging into the field that interferes with the game.

The fence has many holes, and the list goes on.

Agenda Item 12
It is our recommendation that if you want to charge for the field that you should improve its condition. Our little community has always supported this field, donated time, money, and labor to its improvement. We have always done this so that our community has a field that it can come use free of charge.

It has also come to our attention that you plan to charge the little league and ponytail league to use the field. We strongly oppose this and urge the city to come up with alternate plans including a possible donation from the Bev White tournament. If funds are needed to improve the field or pay for its upkeep, we as a community would like to help come up with a plan and assist! Asking parents (many who can hardly afford the costs of uniforms and league fees) to come up with more money is something that we as a community oppose.

The Bev White Tournament and affiliates are dedicated to our community and this little field that we have used and loved for over 40 years! We would like to be included in discussions about the future of this treasured place in our community.

With kind regards and hope for the future,
The Bev White Memorial Tournament
Trinity Davis Jones, Tournament Director
Community Members & Affiliates

TO: FORT JONES CITY COUNCIL & CITY ADMINISTRATOR
FROM: FORT JONES FIRE DEPARTMENT
SUBJECT: SEASONAL FIREFIGHTER PROPOSAL 2022
DATE: February 1, 2022
___________________________________________________________________ The Fort Jones Fire Department is seeking authorization to hire two seasonal firefighters to fill a position to provide 24-hour station coverage during the 2022 fire season. This request has traditionally been financed and approved by the Town of Fort Jones through combined funds of Fire Department Tax Allocations and Strike Team Revenue.

Even though we received ample precipitation during the month of December, January was an exceptionally dry month and we are still dealing with the long term effects of drought conditions and a high probability of another catastrophic fire season in our region. We will lose a significant number of our volunteers to paid positions at Cal Fire leaving us extremely vulnerable due to low staffing levels. The two seasonal firefighter positions requested are essential to ensure that the citizens of the Town of Fort Jones and the surrounding communities will have sufficient coverage 24/7 for emergencies including: wildland fires, structural fires, medical emergencies, traffic collisions, rescues, and hazards.

These two positions would be offered a stipend of $150 per 24-hour shift and they receive no overtime or benefits. The dates of employment would run mid-May through November 1st, with the option to extend the positions as needed based on fire conditions and assignments. The approximate cost for the fire season would be $25,200 based on 168 days.

Fort Jones Fire Department members worked a number of Strike Team, Crash Rescue Standby, and other state fire assignments during the 2021 fire season. These assignments along with the Fire Department Tax Allocations should more than cover the stipend money requested and help to maintain the outstanding level of service that we strive to provide.

Chief Joseph hess
Po Box 597
31 Newton Street
Fort Jones CA, 96032
Station Phone (530)468-2261
E-Mail- [email protected]
Fort Jones Fire Department
Agenda Item 13
Approved
City Administrator
kwd
11960 East Street ● P.O. Box 40 ● Fort Jones, CA 96032 ● 530 468-2281

THE TOWN OF FORT JONES
TO: FORT JONES CITY COUNCIL
MEETING DATE: FEBRUARY 15, 2022
FROM: KARL DREXEL, CITY ADMINISTRATOR
SUBJECT: REVIEW AND APPROVE CONDITIONAL USE PERMIT FOR
STORAGE UNITS AT 26 DOUGLAS ST.

BACKGROUND
The Council approve a Boundary Line Adjustment on the parcels on Douglas St last month. The Owner has applied now for a conditional Use Permit to build storage units on the new larger parcel on the western most parcel on Douglas St. The proposal is for two buildings as shown on the attached Plot Plan with a total of 62 units. There will be no water or sewer hook ups and the drainage ditch will have a new culvert pipe laid down and the ditch backfilled so people can drive over it. The property is zoned commercial and although our zoning ordinances do not indicate storage units, they are currently built on R-3 and M zones, so commercial should be fine. The buildings would be new construction under 10,000 square feet total in two building in a C-1 zone which makes it Categorically Exempt from CEQA under Section 15303.

RECOMMENDATION
Staff recommends the Council approve the Conforming Use Permit for the construction of 62 units of storage units at 26 Douglas Street.

Agenda Item 14
Town of Fort Jones
Application for a Conforming Use Permit for Commercial Use To the Planning Commission of the Town of Fort Jones
The undersigned hereby apply for a Conforming Use Permit for Commercial Use as to the property and for the purpose set forth below. l-lereto are attached plans and elevations nece$sary to show the detail of the proposed use of the land or building.

1. Description of the property:
a. Assessor'sparcel Number: __ Dgs- tQl-1za, ,ro Btt* nrb, I prrrr-cl b. Owners name if different from applicant: l,* tl4o&.t? Feu* S(**, t,trc c. Location:

2. Purpose
Iat*S c * 160'1tt tL+ct* i Sto ? t, * ?ao'
I
t

3. Zoning: COWynertc.aLFees accompanying this application:

Use Permit Fee:
lmpact Fees ($1.20/sf)
Date: zf qf "u Signature
beq*,
of Applicant(s)
14W
Additional Applicant(s)
Date: ,. Approved subject to the following conditions
$
$
Basic Use Permit rev 6-3-20
From: Morgan Eastlick
To: Karl Drexel
Subject: Ukonom Mini Storage - 26 Douglas Street
Date: Wednesday, February 2, 2022 8:25:40 AM
Attachments: Hullquist Draft Layout.pdf
Plot Plan.pdf
Hi Karl,
Can you take a look at the attached documents and see if you see any issues with permitting this?
The questions that I have are as follows:
1) What is the parcel zoning (can you send me a copy of the zoning requirements for the zoning that it is?)
2) The flooding depth is AO 1 & 2 foot depth. What does your flood ordinance say about the height of the finish floor? Is it higher than the 100 year event or is it 1' higher than the 100 year event?
3) This is obviously an existing State and City storm drainage ditch. It has no easement associated with it. The city should likely make the drainage easement a condition of the BLA so that it is cleaned up. We would propose to connect the existing storm drain pipes with like sizes and bury them so that the site is drivable in that area.

Thank you,
--
Morgan D. Eastlick, PE
E & S Engineers & Surveyors, Inc.
329 West Miner Street
Yreka CA
Phone (530) 842-6813
In God We Trust

-
11960 East Street • P.O. Box 40 • Fort Jones, CA 96032 • 530 468-2281 RESOLUTION NO. 1103
RESOLUTION TO OPPOSE INITIATIVE 21-0042A1
WHEREAS, an association representing California’s wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot; and WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.

THEREFORE, BE IT RESOLVED that the Town of Fort Jones opposes Initiative 21-0042A1.

THEREFORE, BE IT FURTHER RESOLVED, that the Town of Fort Jones will join the NO on Initiative 21-0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state.

We direct staff to email a copy of this adopted resolution to the League of California Cities at [email protected].

PASSED, APPROVED, AND ADOPTED this day 15th of February, 2022.

The foregoing resolution was adopted at a regular meeting of the Town Council of the Town of Fort Jones, held on the 15th day of February, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Agenda Item 15
11960 East Street • P.O. Box 40 • Fort Jones, CA 96032 • 530 468-2281 APPROVED: ________________________________
Michelle DeCausmaker, Mayor
ATTEST: ________________________________
Celeste McFall, City Clerk

ACTION ALERT
State Ballot Measure Restricting Voters’ Input and Local Taxing Authority
*** CITY RESOLUTIONS NEEDED ***
ACTION:

Cal Cities requests cities adopt a city resolution to demonstrate how harmful this measure would be to your community and the people of California.

Send adopted city resolutions to [email protected] as soon as possible. A sample city resolution is attached.

BACKGROUND
In 2018, the “Tax Fairness, Transparency and Accountability Act” or (AG# 17- 0050 Amdt. #1), was being circulated to qualify for the November 2018 ballot.

This initiative would have drastically limited local revenue authority.

Through the successful work and advocacy of the League of California Cities and its coalition, the measure’s proponents withdrew the initiative from the ballot in June 2018.

On Jan. 4, 2022, the California Business Roundtable filed the Taxpayer Protection and Government Accountability Act or AG# 21-0042A1. This measure is far more detrimental to cities than the measure filed in 2018, because it would decimate vital local and state services to the benefit of wealthy corporations.

Cal Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly oppose this initiative.

SUMMARY
The Taxpayer Protection and Government Accountability Act limits voters’ authority, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold violators of state and local laws accountable.

WHAT WOULD THIS MEASURE SPECIFICALLY DO?
1) Limit voter authority and accountability
• Limits voter input. Prohibits local voters from providing direction on how local tax dollars should be spent by prohibiting local advisory measures.
• Invalidates the Upland decision that allows a majority of local voters to pass special taxes. Taxes proposed by the Initiative are subject to the same rules as taxes placed on the ballot by a city council. All measures passed between January 2022 and November 2022 would be
invalidated unless reenacted within 12 months.
2) Restrict local fee authority to provide local services • Impacts franchise fees. Sets new standard for fees and charges paid for the use of local and state government property. The standard may significantly restrict the amount oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations pay for the use of local public property. Rental and sale of local government property must be “reasonable” which must be proved by “clear and convincing evidence.”
• Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence. 3) Restrict authority of state and local governments to issue fines and penalties for violations of law
• Requires voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.
4) Restrict local tax authority to provide local services • Requires voter approval to expand existing taxes (e.g., UUT, use tax, TOT) to new territory (e.g., annexation) or expanding the base (e.g., new utility service).
• City charters may not be amended to include a tax or fee. • New taxes can be imposed only for a specific time period. • Taxes adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted.
• All state taxes require majority voter approval.
• Prohibits any surcharge on property tax rate and allocation of property tax to state.
5) Other changes
• No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.

TALKING POINTS
1) Gives wealthy corporations a major loophole to avoid paying their fair share — forcing local residents and taxpayers to pay more • The measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources — shifting the burden and making individual taxpayers pay more. 2) Allows corporations to dodge enforcement when they violate environmental, health, public safety, and other laws
• The deceptive scheme creates new loopholes that makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.
3) Jeopardizes vital local and state services
• This far-reaching measure puts at risk billions of dollars currently dedicated to critical state and local services.
• It could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more.
• It would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.
4) Opens the door for frivolous lawsuits, bureaucracy, and red tape that will cost taxpayers and hurt our communities
• The measure will encourage frivolous lawsuits, bureaucracy, and red tape that will cost local taxpayers millions — while significantly delaying and stopping investments in infrastructure and vital services. 5) Undermines voter rights, transparency, and accountability • This misleading measure changes our constitution to make it more difficult for local voters to pass measures needed to fund local services and local infrastructure.
• It also includes a hidden provision that would retroactively cancel measures that were passed by local voters — effectively undermining the rights of voters to decide for themselves what their communities need.
• It would limit voter input by prohibiting local advisory measures, where voters provide direction to politicians on how they want their local tax dollars spent.

CaliforniaCityFinance.Com
Fiscal and Program Effects of
Initiative 21-0042A1 on Local Governments
If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
 Billions of local government fee and charge revenues placed at heightened legal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for transportation, and public facility use.  Hundreds of millions of dollars of annual revenues from dozens of tax and bond measures approved by voters between January 1, 2022 and November 9, 2022 subject to additional voter approval if not in compliance with the initiative.
 Indeterminable legal and administrative burdens and costs on local government from new and more empowered legal challenges, and bureaucratic cost tracking requirements.  The delay and deterrence of municipal annexations and associated impacts on housing and commercial development.
 Service and infrastructure impacts including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.

1. Local Government Taxes and Services Threatened
With regard to taxes, Initiative 21-0042A1:
 Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot. o Voters may be less informed and more likely to vote against measures.  Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).
o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through November 8, 2022 would be void after November 9, 2023.
 Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes at additional cost to taxpayers.
 Requires that a tax or bond measure adopted after January 1, 2022 and before the effective date of the initiative (November 9, 2022) that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative (November 9, 2023).
o If past election patterns are an indication, dozens of tax and bond measures approving hundreds of millions of annual revenues may not be in compliance and would be subject to reenactment.

Most will be taxes without a specific end date. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, measures not in compliance would need to be placed on a special election ballot for approval before November 9, 2023 or the tax will be void after that date. General tax measures would require declaration of emergency and unanimous vote of the governing board.
2217 Isle Royale Lane • Davis, CA • 95616-6616
Phone: 530.758.3952 • Fax: 530.758.3952
Rev. January 7, 2022
– 2 – rev January 7, 2022
CaliforniaCityFinance.com
 Requires voter approval to expand an existing tax to new territory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions for general taxes would, under current law, each require unanimous vote of the agency board to be placed on a special election ballot or would be void after November 9, 2023.

1.a. Number of Measures and Value of Local Taxes at Risk1 In 2020, voters in California approved 293 local tax and bond measures for cities, counties, special districts and schools (95 in March and 198 in November). The approved measures enacted $3.85 billion in new annual taxes including $1.3 billion for cities, $302 million for counties, $208 million for special districts (fire, wastewater, open space and transit districts), and $2.037 billion for schools (including for school bonds).

Most tax measures go to the ballot during a presidential or gubernatorial primary or general election in an even year. However, some tax measures are decided at other times. During 2019, there were 45 approved tax and bond measures (24 city, 14 special district, 7 school) adopting $154.0 million in new annual taxes ($124.0 million city, $10.5 million special district and $19.2 million school).

Most tax and bond measures comply with the new rules in Initiative 21-0042Amdt#1 except:
 Dozens of taxes would require end dates. This would require additional measures in future years to extend the taxes further. Very few extensions of existing local taxes fail.  Majority vote general tax measures could not be accompanied on the same ballot with an advisory, non-binding measure as to use of tax proceeds.  Special taxes placed on the ballot via citizen initiative would require two-thirds voter approval.

Bond measures have fixed terms. Historically, about 20 percent of other tax measures have included specific durations (i.e. sunsets). Advisory measures as to use of revenues are uncommon. I do not expect the provisions of 21-0042A1 to have any substantial effect on passage rates. However, some 2022 approved measures would likely have to put back on the ballot.

Based on history, a reasonable estimate of the annualized tax revenues estimated to be approved by 1 Source: Compilation and summary of data from County elections offices. – 3 – rev January 7, 2022
CaliforniaCityFinance.com
voters in 2022 and placed at risk by this initiative is at least $1.5 billion, including $1.0 billion from cities and $500 million from counties and special districts. 2 1.b. Additional Costs and Public Service Effects of the Tax Provisions In addition to service delays and disruption due to new tax revenues placed at greater legal risk, there will be substantial additional costs for legal defense. The deterrence of taxes for annexations will delay and deter municipal annexations.

2. “Exempt Charges” (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1:
 Subjects new fees and charges for a product or service to a new "actual cost” test defined as “(i) the minimum amount necessary to reimburse the government for the cost of providing the service to the payor, and (ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In addition, subjects these same charges to a new, undefined, “reasonable” standard.
 Subjects fees and charges for entrance to local government property; and rental and sale of local government property to a new, undefined, “reasonable” test.  Subjects a challenged fee or charge to new, higher burdens of proof if legally challenged.  Prohibits a levy, charge or exaction regulating or related to vehicle miles traveled, imposed as a condition of property development or occupancy.

2.a. Value on New Local Government Fees and Charges at Risk3 Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $1 billion per year including those adopted since January 1, 2022. Of this $1 billion, about $570 million is for special districts, $450 million is cities, and $260 million is counties.4
Major examples of affected fees and charges are:

1. Nuisance abatement charges - such as for weed, rubbish and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.

2. Commercial franchise fees.

3. Emergency response fees - such as in connection with DUI.

4. Advanced Life Support (ALS) transport charges.

5. Document processing and duplication fees.

6. Transit fees, tolls, parking fees, public airport and harbor use fees.

7. Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.

In addition to fees and charges, the measure puts fines and penalties assessed for the violation of state and 2 This does not include citizen initiative special tax approved by majority but not two-thirds. Because this approach is new, the number of these measures and amount of revenue involved cannot be estimated. 3 Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts, summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 4 School fees are also affected but the amount is negligible by comparison. – 4 – rev January 7, 2022
CaliforniaCityFinance.com
local law at risk, making them taxes subject to voter approval under certain circumstances.

2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development. ***********
mc
Stop the Corporate Loopholes Scheme
Deceptive Proposition Allows Major Corporations to Avoid Paying their Fair Share and Evade Enforcement when they Violate Environmental, Health & Safety Laws An association representing California’s wealthiest corporations — including oil, insurance, banks and drug companies — is behind a deceptive proposition aimed for the November 2022 statewide ballot. Their measure would create major new loopholes that allow corporations to avoid paying their fair share for the impacts they have on our communities; while also allowing corporations to evade enforcement when they violate environmental, health, safety and other state and local laws. Here’s why a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses oppose the Corporate Loophole Scheme:

Gives Wealthy Corporations a Major Loophole to Avoid Paying their Fair Share - Forcing Local Residents and Taxpayers to Pay More • The measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources – shifting the burden and making individual taxpayers pay more.

Allows Corporations to Dodge Enforcement When They Violate Environmental, Health, Public Safety and Other Laws
• The deceptive scheme creates new loopholes that makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.

Jeopardizes Vital Local and State Services
• This far-reaching measure puts at risk billions of dollars currently dedicated to critical state and local services.
• It could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services and more. • It would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, utilities and more.

Opens the Door for Frivolous Lawsuits, Bureaucracy and Red Tape that Will Cost Taxpayers and Hurt Our Communities
• The measure will encourage frivolous lawsuits, bureaucracy and red tape that will cost local taxpayers millions — while significantly delaying and stopping investments in infrastructure and vital services.

Undermines Voter Rights, Transparency, and Accountability • This misleading measure changes our constitution to make it more difficult for local voters to pass measures needed to fund local services and local infrastructure.
• It also includes a hidden provision that would retroactively cancel measures that were passed by local voters — effectively undermining the rights of voters to decide for themselves what their communities need.
• It would limit voter input by prohibiting local advisory measures, where voters provide direction to politicians on how they want their local tax dollars spent.

Fort Jones City CouncilFebruary 15, 2022

Fort Jones City Council
February 15, 2022