Issue link: https://www.epageflip.net/i/530430
LEGALNOTICE ORDINANCE NO. 2006 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF TEHAMA AMENDING TITLES 9 AND 10 OF THE TEHAMA COUNTY CODE RELATING TO GROUNDWATER AQUIFER PROTECTION AND WATER WELLS THE BOARD OF SUPERVISORS OF THE COUNTY OF TEHAMA OR- DAINS AS FOLLOWS: SECTION 1. The Board of Super- visors of the County of Tehama hereby finds and declares the following: (A) Tehama County is entering the fourth year of an historic drought, with 2015 pro- jected to become the one of the driest years on record, and a distinct possibility exists that the current drought will stretch into a fifth straight year in 2016 and beyond. (B) California's wa- ter supplies statewide, including those serving Tehama County, continue to be severely depleted despite a limited amount of rain and snowfall this winter, with record low snowpack in the Sier- ra Nevada mountains, de- creased water levels in most of California's reservoirs, reduced flows in the state's rivers and shrinking supplies in under- ground water basins. (C) The impact of the drought upon Tehama Coun- ty's groundwater aquifers is substantial, as decreased sur- face water supplies have result- ed in increasing reliance on groundwater, thereby magnify- ing the negative effects natural- ly resulting from the drought. (D) New expedited actions are needed to reduce these harmful impacts to Tehama County's groundwater aquifers, in order to ensure the long-term vitality of these ba- sins and the adequacy of future water supplies therefrom for lawful and beneficial uses. (E) The use of groundwater to supply activities and land uses conducted in vio- lation of applicable ordinances, and the off-parcel use of groundwater without a permit in violation of Chapter 9.40 of the Tehama County Code, is waste- ful and unreasonable, and threatens both immediate and permanent harm to the reasona- ble, beneficial, and lawful uses of groundwater from every af- fected aquifer. (F) N o n - agricultural groundwater wells located on vacant parcels, which do not supply any land use lawfully permitted by the Tehama County Code, or any permitted off-parcel use, facili- tate the wasteful and unreason- able use of groundwater for un- lawful and unpermitted activi- ties on the parcel, or the unlaw- ful and unpermitted use of groundwater off-parcel, or both. Such wells further facilitate the perpetuation of unlawful land uses in contravention of Tehama County's General Plan and ordi- nances. (G) It is therefore necessary to ensure that drilling of any new non-agricultural wells on vacant parcels is de- layed until such time as a lawful permitted use of that parcel is established, or a lawful off- parcel use permit is obtained. It is further necessary to ensure that existing non-agricultural wells on vacant parcels are maintained in a manner that does not allow for ready extrac- tion of groundwater therefrom until such time as a lawful and permitted use of the parcel is established, or a lawful off- parcel use permit is obtained. (H) Preservation of Tehama County's groundwater aquifers further necessitates that the prohibitions and en- forcement provisions of Chapter 9.40 of the Tehama County Code, pertaining to aquifer protection, be expanded and enhanced, in order to effectively prevent and remedy future violations. SECTION 2. Section 9.40.030 of the Tehama County Code is hereby repealed. SECTION 3. Section 9.40.030 is hereby added to the Tehama County Code to read: 9.40.030 Permit re- quired for extraction of groundwater for use off-parcel. It shall be unlawful to extract groundwater of any nature or description, or for a property owner to allow such extraction on his land, or for any person to knowingly cause, permit, aid, abet, suffer, or furnish equip- ment or labor for such extrac- tion, for the purpose of using the water or selling the water for use on other than the parcel of land upon which the extraction occurs, or contiguous parcels of land under the same ownership as the parcel from which the ex- traction occurs, without first ob- taining a permit as provided in this chapter. It shall be unlawful to knowingly use water extract- ed in violation of this section on other than the parcel of land upon which the extraction oc- curs, or contiguous parcels of land under the same ownership as the parcel from which the ex- traction occurs, or for a proper- ty owner to knowingly allow such use on their land, or for any person to knowingly cause, permit, aid, abet, suffer, or fur- nish equipment or labor for such use, without first obtaining a permit as provided in this chap- ter. This provision does not ap- ply to the extraction of water for the purposes of supplying a "public water system," a "com- munity water system," a "noncommunity water system," or "state small water system" as defined by Division 5, Part 1, Chapter 7 of the California Health and Safety Code com- mencing with Section 4010, serv- ing residents of the County of Tehama. SECTION 4. Section 9.42.334 is hereby added to the Tehama County Code to read: 9.42.334 Permitted Use Required. A. Except as provided in subdivision (c), no permit shall be issued for any individual well with a casing diameter of eight (8) inches or less unless the par- cel u pon which the well is locat- d i i d p ed contains a permitted use which will be supplied by the well. B. For purposes of this sec- tion and Section 9.42.399, "per- mitted use" shall mean only the following, as determined by the Director of Planning in accord- ance with Title 17 of this Code: 1. In the case of property located within the R-1, R-2, R-3, R-4, RE, AG-1, AG-2, AG- 3, and AG-4 zoning districts, ac- tual residential use of the prem- ises that is conducted in a resi- dential structure or manufac- tured home on a permitted foun- dation system for which a final certificate of occupancy has been issued in accordance with Title 15 of the Tehama County Code. 2. In the case of property located within the C-1, C-2, C-3, C-4, M-1, M-2, GR, PD, PA, and AV zoning districts, ac- tual use of the premises for a purpose permitted within that zoning district and otherwise in compliance with the Tehama County Code that is conducted in a structure or manufactured home on a permitted foundation system for which a final certifi- cate of occupancy authorizing such use has been issued in ac- cordance with Title 15 of the Tehama County Code. 3. In AG-1, AG-2, AG-3, AG-4, NR, GR, and PF zon- ing districts, an active commer- cial agricultural use that is per- mitted within that zoning dis- trict and otherwise in compli- ance with the Tehama County Code. C. The following individual wells are exempt from this Sec- tion: 1. A well permit may be issued for an individual well that will supply a structure or manufactured home for which a building permit has been obtained, and not expired, if that structure when complet- ed and actually used will consti- tute a permitted use under this section. 2. A well permit may be issued for an individual well that will supply an off- parcel use for which a permit has been issued in accordance with Chapter 9.40 of this Code. SECTION 5. Section 9.42.399 is hereby added to the Tehama County Code to read: 9.42.399 Maintenance of Dormant Wells. A. Except where the con- text otherwise requires, the fol- lowing definitions shall govern the construction of this Section: 1. "Dormant well" shall mean any individual well with a casing diameter of eight (8) inches or less which has not been used to supply water to a permitted use located on the same parcel for a period of nine- ty (90) days or more. 2. " P e r m i t t e d use" shall have the same mean- ing set forth in Section 9.42.334. B. Except as provided in subdivision (d), every dormant well shall be idled by (i) removal of the pump and motor to ren- der the well inoperative, and (ii) covering the well with a water- tight welded seal that cannot be removed without the use of tools to prevent injury to per- sons and the entrance of unde- sirable water, rodents or foreign matter. C. Any person idling a well under this Section, or reactivat- ing a well that was previously idled, shall provide written noti- fication to the Director of Envi- ronmental Health. It shall be un- lawful and a violation of this chapter for any person to tam- per with the seal placed upon a dormant well, or to extract wa- ter from a dormant well, or to cause, permit, aid, abet, suffer, or furnish equipment or labor for such tampering or extrac- tion, without first notifying the Director of Environmental Health as provided herein. D. The following individual wells are exempt from this Sec- tion: 1. An individual well actively used to supply an off-parcel use for which a per- mit has been issued in accord- ance with Chapter 9.40 of this Code, in compliance with the terms of that permit, shall not be considered a dormant well for purposes of this chapter. E. Any dormant well that is not idled in the manner set forth in this subsection is here- by declared to be a public nui- sance. Such nuisance may be abated in the manner set forth in Chapter 10.16, in addition to any other remedies. SECTION 6. Section 10.16.200 of the Tehama County Code is hereby repealed. SECTION 7. Section 10.16.200 is hereby added to the Tehama County Code to read: 10.16.200 Administra- tive Civil Penalties. A. In addition to any other remedy or penalty prescribed in this chapter, any nuisance as described in this chapter may be subject to an administrative penalty in the following amounts: 1. Up to one hun- dred dollars per day, or part thereof, for the first violation. 2. Up to two hun- dred dollars per day, or part thereof, for a second violation of the same ordinance within one year. 3. Up to five hun- dred dollars per day, or part thereof, for each additional vio- lation of the same ordinance within one year. 4 . Notwithstanding subdi- visions (a)(1) through (a)(3), any nuisance resulting from a viola- tion of Chapter 9.40 of the Tehama County Code may be subject to an administrative penalty of up to one thousand dollars per day. The administrative penalty may b i d i h d i i p y y b e imposed via the administra- tive process set forth in this sec- tion, as provided in Government Code Section 53069.4, or may be imposed by the court if the vio- lation requires court enforce- ment without an administrative process. SECTION 8. This ordinance shall take effect thirty (30) days from the date of its adoption, and pri- or to the expiration of fifteen (15) days from the adoption thereof shall be published at least one time in the Red Bluff Daily News, a newspaper of gen- eral circulation in Tehama Coun- ty. The foregoing ordi- nance was duly passed and adopted by the Board of Super- visors of the County of Tehama, State of California, at a regular meeting of the Board of Supervi- sors on the 9th day of June, 2015 by the following vote: AYES: Supervisors Garton, Wil- liams, Chamblin, Carlson and Bundy NOES: None ABSENT OR NOT VOTING: None Burt Bundy CHAIRMAN, Board of Supervi- sors STATE OF CALIFORNIA ) ) ss COUNTY OF TEHAMA ) I, JENNIFER A. VISE, County Clerk and ex-officio Clerk of the Board of Supervi- sors of the County of Tehama, State of California, hereby certi- fy the above and foregoing to be a full, true and correct copy of an ordinance adopted by said Board of Supervisors on the 9th day of June, 2015. DATED: This 9th day of June, 2015. JENNIFER A. VISE, Coun- ty Clerk and ex-officio Clerk of the Board of Supervisors of the County of Tehama, State of Cali- fornia. By: Angela L. Ford Deputy Publish: June 20 , 2015 LEGAL NOTICE SUMMONS (CITACION JUDICIAL) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): Dianne M. Menke; Guy L. Saylor; THE TESTATE AND INTESTATE SUCCESSORS OF DIANNE M. MENKE, BELIEVED TO BE DE- CEASED, AND ALL PERSONS CLAIMING BY, THROUGH, OR UN- DER SUCH PERSON; ALL PERSON UNKNOWN CLAIM- ING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE PROPERTY DE- SCRIBED IN THE COMPLAINT AD- VERSE TO PLANTIFF'S TITLE OR ANY CLOUD ON PLAINTIFF'S TI- TLE THERETO; and DOES 1 THROUGH 10, INCLUSIVE YOU ARE BEING SUED BY PLAIN- TIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): Lorna S. Husome, Successor Trustee of the 1997 Kilgore Fami- ly Trust, established April 2, 1997 NOTICE! You Have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information be- low. You have 30 CALENDAR DAYS af- ter this summons and legal pa- pers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you. Your writ- ten response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more in- formation at the California Courts Online Self-Help center www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your re- sponse on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. There are other legal require- ments. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a non- profit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.la- whelpcalifornia.org), the Califor- nia Courts Online Self-Help Cen- ter (www.courtinfo.ca.gov/selfh elp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dis- miss the case. ¡AVISO! Lo han demandado. Si no responde dentro de 30 dias, la corte puedo decider en su contra sin secuchar su version. Lee la informacion a continuacion. Tiene 30 DIAS DE CALENDARIO despues de que le entreguen esta citacion y papeles legales para presentar una respuesta por escrito en esta corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefonica no lo protegen. Su respuesta por escrito tiene que estar en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos formularios de la corte y mas informacion en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.g ov), en la biblioteca de leyes de su condado o en la corte que le quede mas cerca. Si no puede pagar la cuota de presentacion, pida al secretario de la corte que le de un formulario de exencion de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le podra quitar su sueldo, dinero y bienes sin mas advertencia. Ha y otros requistos legales. Es y q g recomendable que llame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de remision a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services, (www.lawhelpcalifor- nia.org), en el Centro de Ayuda de las Cortes de California, (ww w.sucorte.ca.gov) o poniendose en contacto con la corte o el colegio de abogados locales. Aviso: Por la lorte tiene derscho a reclamar los costos exentos por gravamen sobre cualquier recuperacion de $10,000 o mas de valor recibide un acuerdo o una concession de arbitraje en un caso de derecho civil. "Tiene que pagar el gravamen de la corte de que la corte puede desechar el caso. THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALI- FORNIA, COUNTY OF TEHAMA, UNINCORPORATED AREA, AND IS DESCRIBED AS FOLLOWS: LOT 1038 OF RANCHO TEHAMA UNIT NO. 2 AS THE SAME IS SHOWN ON THE MAP FILED IN THE TEHAMA COUNTY RECORD- ER'S OFFICE MARCH 18, 1970 IN BOOK P OF MAPS AT PAGES 168 THROUGH 240. EXCEPTING THEREFROM ALL OIL, GAS, AND MINERAL RIGHTS LY- ING BELOW A PLANE 500 FEET BELOW AND PARALLEL WITH THE SURFACE THEREOF. ALSO EXCEPTING THEREFROM ANY MOBILEHOME LOCATED ON SAID LAND. APN 062-260-10 CASE NUMBER: (Numero del Caso) The name and address of the court is: (El nombre y direccion de la corte es): Tehama County Superior Court, 633 Washington St., Room 17, Red Bluff, CA 96080 The name and address and tele- phone number of plaintiff's at- torney, or plaintiff without an at- torney, is: (El nombre la direccion y el numero de telefono del abogado del demandante o del demandante que no tiene abogado,es): John M. Murray, Liberty Law, A.P.C., 2150 N. Main St., Ste 10, Red Bluff, CA 96080 (530) 529-4329 DATE: May 19, 2015 (Fecha) Caryn A. Downing CLERK OF THE COURT Clerk, by Tracy C. Brown, Deputy (Secretario) (Adjunto) Publish: June 20, 27 , July 4 & 11, 2015 LEGAL NOTICE T.S. No. 15-33269 APN: 101-170-19-1 NOTICE OF TRUSTEE'S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 11/21/2012. 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. A public auction sale to the highest bidder for cash, cash- ier's check drawn on a state or national bank, check drawn by a state or federal credit union, or a check drawn by a state or fed- eral savings and loan associa- tion, or savings association, or savings bank specified in Sec- tion 5102 of the Financial Code and authorized to do business in this state will be held by the du- ly appointed trustee as shown below, of all right, title, and in- terest conveyed to and now held by the trustee in the hereinafter described property under and pursuant to a Deed of Trust de- scribed below. The sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the re- maining principal sum of the note(s) secured by the Deed of Trust, with interest and late charges thereon, as provided in the note(s), advances, under the terms of the Deed of Trust, inter- est thereon, fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. Trustor: AMANDA R. HAAS AND KYLE A. HAAS, WIFE AND HUS- BAND AS JOINT TENANTS Duly Appointed Trustee: LAW OFFICES OF LES ZIEVE Deed of Trust recorded 11/27/2012 as In- strument No. 2012014469 in book , page of Official Records in the office of the Recorder of Tehama County, California, Date of Sale: 7/13/2015 at 2:00 PM Place of Sale: At the main en- trance to the Tehama County Courthouse 633 Washington Street Red Bluff, CA Estimated amount of unpaid bal- ance and other charges: $137,510.04 Note: Because the Beneficiary reserves the right to bid less than the total debt owed, it is possible that at the time of the sale the opening bid may be less than the total debt owed. Street Address or other common designation of real property: 22366 BLUE RIDGE MOUNTAIN DRIVE COTTONWOO D, California 96022 Described as follows: As more fully described on said Deed of Trust. A.P.N #.: 101-170-19-1 The undersigned Trustee dis- claims any liability for any in- correctness of the street ad- dress or other common designa- tion, if any, shown above. If no street address or other common designation is shown, directions to the location of the property may be obtained by sending a written request to the beneficia- ry within 10 days of the date of first publication of this Notice of Sale. 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 no- tice of sale may be postponed 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 (714) 848-9272 or visit this Internet Web site www.elite postandpub.com, using the file number assigned to this case 15-33269. 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 postponement information is to attend the scheduled sale. Dated: 6/15/2015 Law Of- fices of Les Zieve, as Trustee 30 Corporate Park, Suite 450 Irvine, CA 92606 For Non-Automated Sale Infor- mation, call: (714) 848-7920 For Sale Information: (714) 848- 9272 www.elitepostandpub.co m Christine O'Brien, Trustee Sale Officer THIS FIRM IS ATTEMPTING TO COLLECT A DEBT AND ANY IN- FORMATION WE OBTAINED WILL BE USED FOR THAT PURPOSE. EPP 12411 PUBLISH: 6/20, 6/27, 7/4/2015 LEGAL NOTICE CITATION FOR PUBLICATION UN- DER WELFARE AND INSTITUTION CODE SECTION 294 CASE NAME: Taylor Mooney Angel Mooney Beau Mooney Case Number: J12915, J12916 and J12917 To Staci A. Mooney, and anyone claiming to be a parent of Taylor A. Mooney born on August 13, 2013 at St. Elizabeth Hospital, 2550 Sister Mary Columba Drive, Red Bluff, CA. 96080 and Angel V. Mooney born on August 25, 2014 at St. Elizabeth Hospital, 2550 Sister Mary Columba Drive, Red Bluff, CA. 96080 and Beau R. Mooney born on August 25, 2014 at St. Elizabeth Hospital, 2550 Sister Mary Columba Drive, Red Bluff, CA. 96080 A hearing will be held on Sep- tember 29, 2015 at 2:00pm in Dept JJC-1 located at 1790 Wal- nut Street Red Bluff, CA 96080. At the hearing the court will consider the recommendations of the social worker or proba- tion officer. The social worker or probation officer will recom- mend that your child be freed from your legal custody so that the child may be adopted. If the court follows the recommenda- tion, all your parental rights to the child will be terminated. You have the right to be present at the hearing, to present at the hearing, to present evidence, and you have the right to be rep- resented by an attorney. If you do not have an attorney and cannot afford to hire one the court will appoint an attorney for you. If the court terminates your parental rights, the order may be final. The court will pro- ceed with this hearing whether or not you are present. Dated June 18, 2015 Clerk, by Felecia Weston, Deputy Publish: June 20, 27, July 4 & 11, 2015 Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices Every 13 Weeks Automatic charge of $ 33 68 to your Debit or Credit Card! Convert back anytime! - No billings by mail - No checks to write - No postage to pay - No home delivery surcharges - Include carrier tip if desired To convert or start an EZ-Pay Home Delivery Subscription Just Call Unhassle your Daily News Carrier-Delivered Subscription! N EWS D AILY REDBLUFF TEHAMACOUNTY Circulation Home Delivery Customer Service 527-2151 Convert to EZ-Pay | CLASSIFIEDS | REDBLUFFDAILYNEWS.COM SATURDAY, JUNE 20, 2015 10 B