Issue link: https://www.epageflip.net/i/301506
LEGALNOTICE ORDINANCE NO.1990 AN URGENCY ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF TEHAMA AMENDING CHAPTER 9.06 OF THE TEHAMA COUNTY CODE TO PROHIBIT CUL- TIVATION OF MARIJUANA UPON PREMISES WITHOUT A PERMIT- TED RESIDENTIAL USE, REQUIRE ANNUAL REGISTRATION OF PREMISES UPON WHICH MARI- JUANA IS CULTIVATED, AND RE- VISE THE REGISTRATION PROCE- DURE THE BOARD OF SUPERVISORS OF THE COUNTY OF TEHAMA OR- DAINS AS FOLLOWS: SECTION 1. The Board of Supervi- sors of the County of Tehama, by four-fifths vote, hereby finds and declares the following: (A) Chapter 9.06 of the Tehama County Code is intend- ed to implement state law by providing a means for regulating the cultivation of medical mari- juana in a manner that is consis- tent with state law and which balances the needs of medical patients and their caregivers and promotes the health, safety, and welfare of the residents and businesses within the unincor- porated territory of the County of Tehama. (B) The cultivation of mari- juana upon vacant lots (i.e., premises without a permitted residential use) presents a heightened risk of the harms that Chapter 9.06 was designed to prevent, including criminal activity, degradation of the nat- ural environment, malodorous smells, and indoor electrical fire hazards, due to the absence of an onsite caretaker eligible to cultivate marijuana in accord- ance with state law. (C) Marijuana cultivation upon vacant lots is more likely to violate the registration, set- back, plant limit, security, and location requirements of this Chapter than marijuana cultivat- ed accessory to a permitted res- idential use, is more likely to be diverted to non-medical use, and is less likely to serve the le- gitimate needs of medical pa- tients and their caregivers eligi- ble to cultivate marijuana in ac- cordance with state law. (D) Limiting the cultivation of marijuana to premises that contain a permitted residential use is proper and necessary to avoid the aforementioned harms, and to protect the health, safety, and welfare of the residents and businesses within the unincorporated terri- tory of the County of Tehama. (E) Due to unusual climatic and environmental conditions, the 2014 outdoor marijuana cul- tivation season is expected to start early, during the month of April and early May. Conse- quently, marijuana plantings on vacant lots are imminently likely to occur within the next thirty days, before a non-urgency ordi- nance could take effect. (F) Adoption of the amend- ments made by this Ordinance without delay is necessary for the immediate preservation of the public peace, health, and safety, as set forth in Govern- ment Code section 25123, subdi- vision (d), in order to prevent further planting of marijuana upon vacant lots in Tehama County, which would threaten significant impacts on the public peace, health, and safety if per- mitted to occur. (G) Adoption of such amendments immediately will further ensure that the prohibi- tion of cultivation on vacant lots becomes effective early enough in the growing season to allow any marijuana plants previously planted upon premises that do not contain a permitted residen- tial use to be transplanted to compliant premises by the grower, without undue hardship to medical patients and their caregivers eligible to cultivate marijuana in accordance with state law. SECTION 2. Section 9.06.040 of the Tehama County Code is hereby repealed. SECTION 3. Section 9.06.040 is hereby added to the Tehama County Code to read: 9.06.040 Nuisance Declared. A. The cultivation of more than twelve (12) marijuana plants, either indoors or out- doors, on any premises is here- by declared to be unlawful and a public nuisance that may be abated in accordance with this Chapter. The foregoing limita- tion shall be imposed regardless of the number of qualified pa- tients or primary caregivers re- siding at the premises or partici- pating directly or indirectly in the cultivation. Further, this limi- tation shall be imposed notwith- standing any assertion that the person(s) cultivating marijuana are the primary caregiver(s) for qualified patients or that such person(s) are collectively or co- operatively cultivating marijua- na. B. The cultivation of marijua- na, in any amount or quantity, either indoors or outdoors, upon any premises located within one thousand (1,000) feet of any school, school bus stop, school evacuation site, church, park, child care center, or youth- oriented facility is hereby de- clared to be unlawful and a pub- lic nuisance that ma y be abated i d i h hi h y i n accordance with this Chapter. 1. Except as provided in Subdivision (B)(2), such distance shall be measured in a straight line from the boundary line of the premises upon which mari- juana is cultivated to the boun- dary line of the premises upon which the school, school bus stop, school evacuation site, church, park, child care center, or youth-oriented facility is lo- cated. 2. If the premises is twenty (20) acres or greater in size, then such distance shall be measured in a straight line from the building in which the mari- juana is cultivated, or, if the marijuana is cultivated in an outdoor area, from the fence re- quired by Subdivision (c)(3), to the boundary line of the prem- ises upon which the school, school bus stop, school evacua- tion site, church, park, child care center, or youth-oriented facility is located. C. The cultivation of marijua- na, in any amount or quantity, either indoors or outdoors, upon any premises is hereby declared to be unlawful and a public nui- sance that may be abated in ac- cordance with this Chapter, un- less all of the following condi- tions are satisfied: 1. The person(s) owning, leasing, occupying, or having charge or possession of any premises have submitted the re- quired annual registration for the premises to the Tehama County Department of Environ- mental Health, and provided all of the following current informa- tion and documentation to the Department: a. The name of each per- son, owning, leasing, occupying, or having charge or possession of the premises; b. The name of each quali- fied patient or primary caregiver who participates in the cultiva- tion, either directly or by provid- ing reimbursement for marijua- na or the services provided in conjunction with the provision of that marijuana; c. A copy of the current valid medical recommendation or State-issued medical marijua- na card for each qualified pa- tient identified as required above, and for each qualified patient for whom any person identified as required above is the primary caregiver; d. The number of marijuana plants cultivated on the prem- ises; and e. Such other information and documentation as the De- partment determines is neces- sary to ensure compliance with State law and this Chapter. This information and documen- tation shall be received in confi- dence, and shall be used or dis- closed only for purposes of ad- ministration or enforcement of this Chapter or State law, or as otherwise required by law. The Board of Supervisors may, by Resolution, establish a fee for such annual registration in ac- cordance with all applicable le- gal requirements. Every registration under this Chapter shall be valid for no more than one calendar year and shall expire on December 31st of that year. An expired reg- istration shall be renewed in the same manner as an initial regis- tration hereunder. In the event that the registration of any premises for any calendar year is submitted after March 1st of that year, the registrant shall pay a late registration penalty equal to fifty percent (50%) of the applicable registration fee. The Director of Environmental Health may waive the late regis- tration penalty if the failure to timely register was due to rea- sonable cause and not due to willful neglect. 2. If the person(s) cultivat- ing marijuana on any legal par- cel is/are not the legal owner(s) of the parcel, such person(s) shall submit a notarized letter from the legal owner(s) con- senting to the cultivation of marijuana on the parcel. This letter shall be examined by De- partment, and shall then be re- turned to the submitter. The De- partment shall prescribe forms for such letters. 3. All marijuana grown out- side of any building must be fully enclosed by an opaque fence at least six (6) feet in height. The fence must be ade- quately secure to prevent unau- thorized entry. Bushes, hedgerows, plastic sheeting, or cloth material (tarpaulins) shall not constitute an adequate fence under this Subdivision. 4. Each building or out- door area in which the marijua- na is cultivated shall be set back at least 100 feet from all boun- daries of the premises, unless the enforcing officer or the Board of Supervisors reduces or waives this requirement based upon a finding of unusual hard- ship. Such setback distance shall be measured in a straight line from the building in which the mari- juana is cultivated, or, if the marijuana is cultivated in an outdoor area, from the fence re- quired by Subdivision (c)(3), to the boundary line of the prem- ises. D. The cultivation of mari- j i i juana, in any amount or quanti- ty, either indoors or outdoors, upon any premises is hereby de- clared to be unlawful and a pub- lic nuisance that may be abated in accordance with this chapter, unless the premises contains a permitted residential use. For purposes of this subdivision, "permitted residential use" shall mean actual residential use of the premises that is conducted in a residential structure or manufactured home on a per- manent foundation for which a final certificate of occupancy has been issued in accordance with Title 15 of the Tehama County Code. E. No person owning, leas- ing, occupying, or having charge or possession of any premises within the County shall cause, allow, suffer, or permit such premises to be used for the out- door or indoor cultivation of marijuana plants in violation of this Chapter. SECTION 4. The registration for any premises submitted prior to the effective date of this ordi- nance, in accordance with the former provisions of Ordinance Nos. 1936 and 1980, shall expire on December 31, 2014 and shall thereafter be renewed in ac- cordance with Section 9.06.040, subdivision (c). SECTION 5. If any section, sub- section, sentence, clause, por- tion, or phrase of this Ordinance is for any reason held illegal, in- valid, or unconstitutional by the decision of any court of compe- tent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The board hereby declares that it would have passed this chap- ter and each section, subsec- tion, sentence, clause, portion, or phrase hereof, irrespective of the fact that any one or more sections, subsections, senten- ces, clauses, or phrases be de- clared illegal, invalid or uncon- stitutional. SECTION 6. The Board of Super- visors hereby finds that this Or- dinance is not subject to review under the California Environ- mental Quality Act (CEQA) pur- suant to CEQA Guidelines sec- tions 15060, subdivision (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061, subdi- vision (b)(3) (there is no possi- bility the activity in question may have a significant effect on the environment). In addition to the foregoing general exemp- tions, the Board of Supervisors further finds that the Ordinance is categorically exempt from re- view under CEQA under the Class 8 Categorical Exemption (regulatory activity to assure the protection of the environ- ment). The Chief Administrator is hereby directed to file a No- tice of Exemption. SECTION 7. This Ordinance is an urgency ordinance necessary for the immediate preservation of the public peace, health, and safety. Pursuant to Government Code section 25123, subdivision (d), this ordinance shall take ef- fect immediately upon adoption by four-fifths of the Board of Su- pervisors, and prior to the expi- ration of fifteen (15) days from the adoption thereof shall be published at least one time in the Red Bluff Daily News, a newspaper of general circula- tion in Tehama County. The foregoing ordinance was duly passed and adopted by the Board of Supervisors of the County of Tehama, State of Cali- fornia, at a regular meeting of the Board of Supervisors on the 15th day of April, 2014 by the fol- lowing vote: AYES: Supervisors Williams, Bruce, Bundy, and Chamblin NOES:None ABSENT OR NOT VOTING: Super- visor Garton S teve R. Chamblin CHAIRMAN, Board of Supervisors STATE OF CALIFORNIA ) ) ss COUNTY OF TEHAMA ) I, BEVERLY ROSS, Coun- ty Clerk and ex-officio Clerk of the Board of Supervisors of the County of Tehama, State of Cali- fornia, hereby certify the above and foregoing to be a full, true and correct copy of an ordi- nance adopted by said Board of Supervisors on the 15th day of April, 2014. DATED: This 15th day of April, 2014. BEVERLY ROSS, County Clerk and ex-officio Clerk of the Board of Supervisors of the County of Tehama, State of California. By Angela L. Ford Deputy Publish: A pril 25, 2014 NOTICE OF TRUSTEE'S SALE T.S. No.: 9985-7122 TSG Order No.: 00185944 A.P.N.: 101-070-041 NOTE: THERE IS A SUMMARY OF THE INFORMATION IN THIS DOCUMENT ATTACHED (The above statement is made pur- suant to CA Civil Code Section 2923.3(c)(1). The Summary will be provided to Trustor(s) and/or vested owner(s) only, pursuant to CA Civil Code Section 2923.3(c)(2).) YOU ARE IN DE- FAULT UNDER A DEED OF TRUST DATED 10/23/2003. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY , IT MAY BE SOLD AT A , PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. NBS Default Services, LLC, as the duly appointed Trustee, under and pursuant to the power of sale contained in that certain Deed of Trust Re- corded 10/31/2003 as Book No.: 2398, Page No.: 119, of Official Records in the office of the Re- corder of Tehama County, Cali- fornia, executed by: COREY ROB- ERT HARBERT AND ANDREA RE- NEE LEO, HUSBAND AND WIFE, as Trustor, WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BID- DER FOR CASH (payable in full at time of sale by cash, a cashier's check drawn by a state or na- tional bank, a check drawn by a state or federal credit union, or a check drawn by a state or fed- eral savings and loan associa- tion, savings association, or sav- ings bank specified in section 5102 of the Financial Code and authorized to do business in this state). All right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County and state, and as more fully de- scribed in the above referenced Deed of Trust. Sale Date and Time: 05/05/2014 at 01:00 PM Sale Location: Tehama County Superior Court, 633 Washington St., Red Bluff, CA 96080 Main En- trance The street address and other common designation, if any, of the real property descri- bed above is purported to be: 19391 BONANZA KING DRIVE, COTTONWOOD, CA 96022 The un- dersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made in an "AS IS" condition, but without covenant or warran- ty, expressed or implied, regard- ing title, possession, or encum- brances, to pay the remaining principal sum of the note(s) se- cured by said Deed of Trust, with interest thereon, as provid- ed in said note(s), advances, if any, under the terms of the Deed of Trust, estimated fees, charges and expenses of the Trustee and of the trusts creat- ed by said Deed of Trust, to-wit: $147,399.09 (Estimated) as of 04/06/2014. Accrued interest and additional advances, if any, will increase this figure prior to sale. It is possible that at the time of sale the opening bid may be less than the total indebtedness due. NOTICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a trustee auction does not auto- matically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, be- fore you can receive clear title to the property. You are encour- aged to investigate the exis- tence, priority, and size of out- standing liens that may exist on this property by contacting the county recorder's office or a ti- tle insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property. NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sale may be post- poned one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that in- formation about trustee sale postponements be made availa- ble to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call, 1-800-280-2832 for in- formation regarding the trust- ee's sale or visit this Internet Web site, www.auction.com, for information regarding the sale of this property, using the file number assigned to this case, T.S.# 9985-7122. Information about postponements that are very short in duration or that oc- cur close in time to the sched- uled sale may not immediately be reflected in the telephone in- formation or on the internet Web site. The best way to verify postponement information is to attend the scheduled sale. If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive rem- edy shall be the return of mon- ies paid to the Trustee and the successful bidder shall have no further recourse. NBS Default Services, LLC 301 E. Ocean Blvd. Suite 1720 Long Beach, CA 90802 800-766-7751 For Trustee Sale In- formation Log On To: www.aucti on.com or Call: 1-800-280-2832. NBS Default Services, LLC, Su- zanne Castle "We are attempt- ing to collect a debt, and any in- formation we obtain will be used for that purpose." A- 4449324 04/11/2014, 04/18/2014, 04/25/2014 RBDN#5137494 4/11/14 , 4/18/14, 4/25/14 NOTICE OF TRUSTEE'S SALE APN: 031-230-241 T.S. No. 007615-CA Pursuant to CA Civil Code 2923.3 NOTE: THERE IS A SUMMARY OF THE INFORMATION IN THIS DOCUMENT ATTACHED IMPOR- TANT NOTICE TO PROPERTY OWNER: YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 5/7/2007. UNLESS YOU TAKE AC- TION TO PROTECT YOUR PROP- ERTY, IT MAY BE SOLD AT A PUB- LIC SALE. IF YOU NEED AN EX- PLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU YOU SHOULD CONTACT A LAW- YER On 5/16/2014 at 2:00 PM CLEAR RECON CORP., as duly ap- pointed trustee under and pur- suant to Deed of Trust recorded 5/11/2007, as Instrument No 2007008801, of Official Records in the office of the County Record- er of Tehama County, State of CALIFORNIA executed by: MAR- GARET L. KEMP, TRUSTEE OR SUCCESSOR IN TRUST UNDER THE TERMS OF THE TRUST DAT- ED AUGUST 21, 2002, KNOWN AS THE MARGARET L. KEMP 2002 TRUST WILL SELL AT PUBLIC AUCTION TO HIGHEST BIDDER FOR CASH, CASHIER'S CHECK DRAWN ON A STATE OR NATION- AL BANK, A CHECK DRAWN BY A STATE OR FEDERAL CREDIT UN- ION, OR A CHECK DRAWN BY A STATE OR FEDERAL SAVINGS AND LOAN ASSOCIATION, SAV- INGS ASSOCIATION, OR SAVINGS BANK SPECIFIED IN SECTION 5102 OF THE FINANCIAL CODE AND AUTHORIZED TO DO BUSINESS IN THIS STATE: At the main en- trance to the Tehama County Courthouse, 633 Washington Street, Red Bluff, CA 96080 al right, title and interest conveyed to and now held by it under said Deed of Trust in the property sit- uated in said County and State described as: AS MORE FULLY DESCRIBED ON SAID DEED OF TRUST The street address and other common designation, if any, of the real property descri- bed above is purported to be 845 Hasvold Drive Red Bluff, Cali- fornia 96080 The undersigned Trustee disclaims any liability for any incorrectness of the street address and other com- mon designation, if any, shown herein. Said sale will be held but without covenant or warran- ty, express or implied, regarding title, possession, condition, or encumbrances, including fees charges and expenses of the Trustee and of the trusts creat- ed by said Deed of Trust, to pay the remaining principal sums of the note(s) secured by said Deed of Trust. The total amount of the unpaid balance of the ob- ligation secured by the property to be sold and reasonable esti- mated costs, expenses and ad- vances at the time of the initia publication of the Notice of Sale is: $141,372.33 If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shal be the return of monies paid to the Trustee, and the successfu bidder shall have no further re- course. The beneficiary under said Deed of Trust heretofore executed and delivered to the undersigned a written Declara- tion of Default and Demand for Sale, and a written Notice of De- fault and Election to Sell. The undersigned caused said Notice of Default and Election to Sell to be recorded in the county where the real property is located. NO- TICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself Placing the highest bid at a trustee auction does not auto- matically entitle you to free and clear ownership of the property You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction you are or may be responsible for paying off all liens senior to the lien being auctioned off, be- fore you can receive clear title to the property. You are encour- aged to investigate the exis- tence, priority, and size of out- standing liens that may exist on this property by contacting the county recorder's office or a ti tle insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property. NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sale may be post- poned one or more times by the mortgagee, beneficiary, trustee or a court, pursuant to Section 2924g of the California Civi Code. The law requires that in- formation about trustee sale postponements be made availa- ble to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call (714) 730-2727 or visit this Internet Web site WWW.LPS ASAP.COM, using the file num- ber assigned to this case 007615- CA. Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be re- flected in the telephone infor- mation or on the Internet Web site. The best way to verify post- ponement information is to at tend the scheduled sale. FOR SALES INFORMATION: (714) 730- 2727 Date: 4/14/2014 Date Exe- cuted: CLEAR RECON CORP. ,Authorized Signature CLEAR RECON CORP. 4375 Jutland Drive Suite 200 San Diego, California 92117 A-4451600 04/25/2014 05/02/2014, 05/09/2014 RBDN#5154628 4/25/14, 5/2/14, 5/9/14 Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices GET THE WANT AD HABIT. It's one you won't want to break! Call 527-2151 to place ad. We take Master-Card & Visa. Class ads work. Call today to place your ad in the paper 527- 2151. MasterCard & Visa accepted for your convenience. | CLASSIFIEDS | REDBLUFFDAILYNEWS.COM FRIDAY, ApRIL 25, 2014 6 B