Red Bluff Daily News

March 29, 2016

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LEGALNOTICE FICTITIOUS BUSINESS NAME STATEMENT File No. 2016000096 The following person(s) is (are) doing business as: VIBRANT VITALITY 530-840-6346 837 Jackson St. Red Bluff, CA 96080 Devon Delaney 837 Jackson St. Red Bluff, CA 96080 The registrant commenced to transact business under the fic- titious business name or names listed above on N/A This business is conducted by: an individual S/By: Devon Delaney Devon Delaney This statement was filed with the County Clerk of Tehama County on 3/15/2016 JENNIFER A. VISE Tehama County Clerk & Recorder Publish: March 22, 29, April 5 & 12, 2016 LEGAL NOTICE FICTITIOUS BUSINESS NAME STATEMENT File No. 2016000070 The following person(s) is (are) doing business as: EZ SOLUTIONS 2515 Oriole Drive Red Bluff, CA 96080 Christopher Clemons 2515 Oriole Dr. Red Bluff, CA 96080 Richard Clemons 2515 Oriole Dr. Red Bluff, CA 96080 The registrant commenced to transact business under the fic- titious business name or names listed above on 2/25/2011 This business is conducted by: co-partners S/By: Chris Clemons Chris Clemons S/By: Richard Clemons Richard Clemons This statement was filed with the County Clerk of Tehama County on 2/25/2016 JENNIFER A. VISE Tehama County Clerk & Recorder Publish: March 29, April, 5, 12 & 19, 2016 LEGAL NOTICE Trustee Sale No. : 00000005602222 Title Order No.: 8594605 FHA/VA/PMI No.: NO- TICE OF TRUSTEE'S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 02/19/2009. 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 PRO- CEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. BARRETT DAFFIN FRAPPIER TREDER & WEISS, LLP, as duly appointed Trustee under and pursuant to Deed of Trust Re- corded on 02/27/2009 as Instru- ment No. 2009002378 of official records in the office of the County Recorder of TEHAMA County, State of CALIFORNIA. EXECUTED BY: MARIE L. THO- MAS, WILL SELL AT PUBLIC AUC- TION TO HIGHEST BIDDER FOR CASH, CASHIER'S CHECK/CASH EQUIVALENT or other form of payment authorized by Califor- nia Civil Code 2924h(b), (payable at time of sale in lawful money of the United States). DATE OF SALE: 04/18/2016 TIME OF SALE: 1:00 PM PLACE OF SALE: TEHAMA COUNTY SUPERIOR COURT, 633 WASHINGTON ST., RED BLUFF, CA 96080. STREET ADDRESS and other common designation, if any, of the real property described above is pur- ported to be: 13570 ARCH ST, RED BLUFF, CALIFORNIA 96080 APN#: 049-080-06-1 EXHIBIT A The South One-Half Of The Fol- lowing Described Property: Be- ginning At A Point In The South- west Quarter Of The Southwest Quarter Of Section 14, Township 27 North, Range 3 West, Mount Diablo Meridian, According To The Official Plat Thereof, From Which The Northwest Corner Of Said Quarter Quarter Section Bears North 1° 54' West 310 Feet, And Thence South 89° 40' West 674.0 Feet; And Running From Said Point Of Beginning North 89° 40' East 135.2 Feet To The Northwest Corner Of A Parcel Of Land Conveyed To Albert L. Wolohen, By Deed Dated July 6, 1956 And Recorded July 9, 1956 In Book 294 Of Official Records At Page 102, Records Of Tehama County; Thence South 1° 54' East Along The West Line Of The Lands Conveyed To Wolohen, A Distance Of 310.0 Feet To The Southwest Corner Thereof; Thence South 89° 40' West 135.2 Feet To A Point On The East Right Of Way Line Of The Parcel Or Land Conveyed To The Coun- ty Of Tehama By Deed Dated De- cember 31, 1956 And Recorded February 6, 1957 In Book 304 Of Official Records At Page 332, Re- cords Of Tehama County; Thence North 1° 54' West Along The East Line Of Said Right Of Way A Distance Of 310.0 Feet To The Point Of Beginning. 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, 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 said Deed of Trust, with interest thereon, as provided in said note(s), advan- ces, under the terms of said Deed of Trust, fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publica- tion of the Notice of Sale is $162,674.04. The beneficiary un- der said Deed of Trust hereto- fore executed and delivered to the undersigned a written Dec- laration of Default and Demand for Sale, and a written Notice of Default 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, be responsible highest 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 800-280-2832 for infor- mation regarding the trustee's sale or visit this Internet Web site www.auction.com for infor- mation regarding the sale of this property, using the file number assigned to this case 00000005602222. 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. FOR TRUSTEE SALE INFORMATION PLEASE CALL: AUCTION.COM, LLC ONE MAUCHLY IRVINE, CA 92618 800-280-2832 www.auction. com BARRETT DAFFIN FRAPPIER TREDER & WEISS, LLP IS ACTING AS A DEBT COLLECTOR AT- TEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PUR- POSE. BARRETT DAFFIN FRAPPIER TREDER & WEISS, LLP as Trustee Dated: 03/07/2016 NPP0275173 To: DAILY NEWS (RED BLUFF) Publish: 03/15/2016, 03/22/2016, 03/29/2016 LEGAL NOTICE ORDINANCE NO.2021 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUN- TY OF TEHAMA ADDING CHAPTER 9.07 AND AMENDING CHAPTER 10.16 OF THE TEHAMA COUNTY CODE REGULATING THE SALE AND POSSESSION OF BUTANE THE BOARD OF SUPERVISORS OF THE COUNTY OF TEHAMA OR- DAINS AS FOLLOWS: SECTION 1. Chapter 9.07 is hereby added to the Tehama County Code to read: Chapter 9.07 REGULATION OF BUTANE SALE AND POSSESSION Sections: 9.07.010 - Authority and Title. 9.07.020 - Findings and Purpose. 9.07.030 - Definitions. 9.07.040 - Unlawful Sale, Purchase, and Possession of Butane. 9.07.050 - Tracking of Butane Sales. 9.07.060 - Remedies. 9.07.070 - Severability. 9.07.080 - Cumulative Remedy. 9.07.010 - Authority and Title. Under the authority granted in Article XI, Section 7 of the Cali- fornia Constitution and Govern- ment Code section 53069.4, the County of Tehama, by and through its Board of Supervi- sors, does enact this Chapter of the Tehama County Code, which shall be known as the Butane Sale and Possession Ordinance. 9.07.020 - Findings and Purpose. A. Northern California has experienced a recent increase in explosions caused from manu- facturing honey oil (also known as concentrated cannabis or hash oil) in clandestine labs us- ing Butane. These explosions have caused considerable prop- erty damage, personal injury and even death to those partici- pating in the manufacturing process, and to innocent bystanders. B. Theconcentrated canna- bis is frequently manufactured at a "honey oil lab" where Bu- tane is used to dissolve the tetrahydrocannabinol ("THC") resin from marijuana plants, which concentrates into a liquid/oil form as a result of the Butane's stripping process. Stripping THC using Butane of- ten causes flammable Butane vapors to accumulate low to the ground, remaining exposed to ignition sources. C. Such conditions present a serious hazard to property and persons, including first responders and innocent bystanders; where potential ig- nition sources are present, the risk of loss from an explosion is grave. D. The sale and posses- sion of Butane presently occurs within the unincorporated area of Tehama County at levels suf- ficient to aid the manufacture of honey oil. Such sales and pos- session of Butane should be regulated to prevent the use of Butane in the manufacture of honey oil and the attendant dan- gers and adverse health risks to residents and first responders in the unincorporated area of the County of Tehama. 9.07.030 - Definitions. For the purpose of this Chapter the following definitions apply: A. "Butane" means and in- cludes any of the following: bu- tane, iso-butane, and n-butane. B. "Canister" means a sin- gle container designed or used for the storage of Butane under pressure. C. "Code" means the Tehama County Code. D. "Customer" means any person who purchases, receives, or otherwise acquires Butane within the unincorporated area of Tehama County. "Customer" does not include any of the fol- lowing: 1. A Wholesaler or Retailer acquiring Butane solely for pur- poses of resale. 2. An employee of a land- fill operator or solid waste col- lector operating under a fran- chise, contract, license, or per- mit issued by a public agency, acting within the course and scope of their duties. 3. A public employee act- ing within the course and scope of their duties. Identificati- E. "Customer's Identificati- on" means a C ustomer's first and last name as verified from a valid driver's license or other of- ficial and valid government- issued identification that con- tains a photograph of the Cus- tomer and a residential or mail- ing address. F. "Day" means calendar day. G. "Person" means an indi- vidual, firm, partnership, joint venture, association, corpora- tion, limited liability company, estate, trust, business trust, re- ceiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. H. "Retailer" means any person who sells or otherwise provides Butane to any Custom- er within the County of Tehama. I. "Sell" means to furnish, provide, give away, exchange, transfer, deliver, surrender, dis- tribute or supply, whether for consideration or gratuitously. J. "Transaction" means any purchase, sale, furnishing, provision, trade, loan, gift, trans- fer, transmission, delivery, or deposit of Butane, or any other acquisition or disposition of Bu- tane by whatever means affect- ed. K. "Wholesaler" means a person whose business is the selling of goods in gross to Re- tailers for purposes of resale. 9.07.040 - Unlawful Sale, Pur- chase, and Possession Of Bu- tane. A. It is unlawful for any Re- tailer or other person to sell, of- fer to sell, or otherwise provide to a Customer any number of Butane canisters that exceed a combined total storage capacity of 600 ml (21.0 oz) of Butane dur- ing any single Transaction. B. It is unlawful for any Customer to purchase or ac- quire any number of Butane canisters that exceed a com- bined total storage capacity of 600 ml (21.0 oz) of Butane during any 30-day period. C. It is unlawful for any person to have in their posses- sion, custody or control any number of Butane canisters that exceed a combined total stor- age capacity of 600 ml (21.0 oz) of Butane at any one time. This limitation shall not apply to Bu- tane canisters possessed by a Wholesaler or Retailer solely for purposes of resale. 9.07.050 - Tracking of Butane Sales. A. For every sale of Butane to a Customer, the Retailer shall prepare a bill of sale that identi- fies the date of sale, quantity of Butane purchased, and the Cus- tomer's Identification. The Re- tailer shall retain a copy of the bill of sale in readable form for a period of at least two (2) years. B. If shall be unlawful for any Retailer to sell, offer to sell, or distribute Butane to any Cus- tomer without complying with this Section. C. Any Retailer shall pro- vide the County, upon written request, copies of the records described in this Section. 9.07.060 - Remedies. A. Any person violating any provision of this chapter shall be guilty of a misdemean- or. B. Any violation of this Chapter is hereby declared to be a public nuisance. Such nui- sance may be abated, and ad- ministrative penalties may be imposed, in the manner set forth in Chapter 10.16, in addition to any other remedies. C. This Chapter is a regula- tory provision necessary for the protection of the public health, welfare and safety. In any crimi- nal prosecution or civil or ad- ministrative proceeding for a vi- olation of this Chapter, it is not necessary to prove knowledge or criminal intent. D. A separate violation of this Chapter shall exist for every single Butane canister sold, pur- chased, or possessed in viola- tion of this ordinance. 9.07.070 - Severability. If any section, subsection, sen- tence, clause, portion, or phrase of this chapter is for any reason held illegal, invalid, or unconsti- tutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The board here- by declares that it would have passed this chapter and each section, subsection, sentence, clause, portion, or phrase here- of, irrespective of the fact that any one or more sections, sub- sections, sentences, clauses, or phrases be declared illegal, in- valid or unconstitutional. 9.07.080 - Cumulative Remedy. Nothing herein is intended to limit the County of Tehama from pursuing any other remedy available at law or in equity against any person or entity maintaining, committing, or causing a public nuisance or any other violation of this Code or State or Federal law. SECTION 2. Section 10.16.200 of the Tehama County Code is hereby repealed. SECTION 3. 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. 4 . Notwithstanding subdi- visions (a)(1) through (a)(3), Notwithstanding visions (a)(1) through (a)(3), any nuisance resulting from a viola- tion of Chapter 9.07 of the Tehama County Code may be subject to an administrative penalty of up to one thousand dollars per violation. The administrative penalty may be 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. B. Acts, omissions, or con- ditions in violation of this code that continue, exist, or occur on more than one day constitute separate violations on each day. Violations continuing, existing, or occurring on the service date, the effective date, and each day between the service date and the effective date are separate violations. C. In the case of a continu- ing violation, if the violation does not create an immediate danger to health or safety, the enforcing officer or the court shall provide for a reasonable period of time, not to exceed ten days, for the person responsible for the violation to correct or otherwise remedy the violation prior to the imposition of admin- istrative penalties. D. In determining the amount of the administrative penalty, the enforcing officer, or the court if the violation re- quires court enforcement with- out an administrative process, shall take into consideration the nature, circumstances, extent, and gravity of the violation or vi- olations, any prior history of vio- lations, the degree of culpabili- ty, economic savings, if any re- sulting from the violation, and any other matters justice may require. E. The enforcing officer may commence the administra- tive process by issuance of a Notice of Violation and Pro- posed Administrative Penalty, which shall state the amount of the proposed administrative penalty and the reasons there- fore. The Notice shall be served by certified mail addressed to all of the following: (i) the owner of the property on which the vio- lation exists, at the address shown on the last equalized as- sessment roll or as otherwise known to the enforcing officer; (ii) anyone known to the enforc- ing officer to be in possession of the property subject to the No- tice, at the street address of the property; and (iii) any other per- son known to the enforcing offi- cer who has caused, permitted, maintained, conducted, or oth- erwise suffered or allowed the violation to exist. The failure to serve any person described in this subsection shall not affect the validity of service or the val- idity of any penalties imposed upon any other person. The No- tice shall inform the recipient of their right to request a hearing before the Planning Commission in accordance with this section. If such a hearing is not request- ed within thirty days after issu- ance of the Notice, the proposed penalty shall become final and conclusive, and the person to whom the notice was issued shall immediately make pay- ment of the penalty amount to the county. F. If any person to whom the Notice is issued requests a hearing before the Planning Commission, the person shall be notified by first class mail, post- age prepaid, when the matter has been set for hearing. After the hearing, the Planning Com- mission may impose, modify, or disapprove, in whole or in part, by its own order, the proposed penalty set forth in the notice. Any order of the Planning Com- mission shall be served by first class mail, postage prepaid, upon the appellant and shall be- come effective upon expiration of the time to appeal under Sub- division (G), unless such an ap- peal is filed. If such an appeal is not filed, the administrative penalty shall become final and conclusive, and the person to whom the notice was issued shall immediately make pay- ment of the penalty amount to the county. G. Appeal from any action of the Planning Commission hereunder may be made in writ- ing to the Board of Supervisors within ten days of such action. The Board may affirm, modify, or set aside, in whole or in part, any action of the Planning Com- mission hereunder. The decision of the Board of Supervisors shall be final and conclusive. Any or- der of the Board of Supervisors shall become effective upon is- suance thereof and shall be served by first class mail, post- age prepaid, upon the appellant. Payment of an administrative penalty specified in the Board of Supervisors' order shall be made to the county within twen- ty (20) days of service of the or- der, unless successfully chal- lenged by a timely writ of man- date. H. Interest shall accrue on all amounts due under this sec- tion, from the effective date of the administrative penalty or- der, as set forth in this section, to the date paid pursuant to the laws applicable to civil money judgments. I. In addition to any other legal remedy, whenever the amount of any administrative penalty imposed pursuant to this Section in connection with real property has not been satis- fied in full within 90 days and/or has not been successfully chal- lenged by a timely writ of man- date, this obligation may consti- tute a lien against the real prop- erty on which the violation oc- curred. 1. The lien provid- ed herein shall have no force and effect until recorded with the County Recorder. Once re- corded, the administrative order shall have the force and effect and priority of a judgment lien governed by the provisions of Code of Civil Procedure section 697.340, and may be extended as provided in Code of Civil Proce- dure sections 683.110 to 683.220, inclusive. 2. Interest shall accrue on the principal amount of the lien remaining unsatisfied pursuant to the law applicable to civil money judgments. money judgments. 3. Prior to record- ing any such lien, the enforcing officer shall prepare and file with the Clerk of the Board of Supervisors a report stating the amounts due and owing. 4. The Clerk of the Board of Supervisors will fix a time, date, and place for the Board of Supervisors to consider the report and any protests or objections to it. 5. The Clerk of the Board of Supervisors shall serve the owner of the property with a hearing notice not less than ten days before the hearing date. The notice must set forth the amount of the delinquent ad- ministrative penalty that is due. Notice must be delivered by first class mail, postage prepaid, ad- dressed to the owner at the ad- dress shown on the last equal- ized assessment roll or as other- wise known. Service by mail is effective on the date of mailing and failure of owner to actually receive notice does not affect its validity. 6. Any person whose real property is subject to a lien pur- suant to this Section may file a written protest with the Clerk of the Board of Supervisors and/or may protest orally at the Board of Supervisors meeting. Each written protest or objection must contain a description of the property in which the pro- testing party is interested and the grounds of such protest or objection. 7. At the conclu- sion of the hearing, the Board of Supervisors will adopt a resolu- tion confirming, discharging, or modifying the lien amount. 8. Within 30 days following the Board of Supervi- sors' adoption of a resolution imposing a lien, the Clerk of the Board of Supervisors will file same as a judgment lien in the Tehama County Recorder's Of- fice. 9. Once the Coun- ty receives full payment for out- standing principal, penalties, and costs, the Clerk of the Board of Supervisors will either record a notice of satisfaction or pro- vide the owner with a notice of satisfaction for recordation at the Tehama County Recorders Office. This notice of satisfac- tion will cancel the County's lien under this section. 10. The lien may be foreclosed and the real property sold, by the filing of a complaint for foreclosure in a court of competent jurisdiction, and the issuance of a judgment to fore- close. There shall be no right to trial by jury. The County shall be entitled to its attorneys fees and costs. J. Administrative penal- ties imposed pursuant to this section shall also constitute a personal obligation of each per- son who causes, permits, main- tains, conducts or otherwise suffers or allows the nuisance to exist. In the event that adminis- trative penalties are imposed pursuant to this section on two or more persons for the same vi- olation, all such persons shall be jointly and severally liable for the full amount of the penalties imposed. In addition to any oth- er remedy, the county may pros- ecute a civil action through the office of the county counsel to collect any administrative pen- alty imposed pursuant to this section. K. Payment of administra- tive penalties under this Section does not excuse or discharge any continuation or repeated occurrence of the violation that is the subject of the Notice of Vi- olation and Proposed Adminis- trative Penalty. The payment of administrative penalties does not bar the County from taking any other enforcement action regarding a violation that is not corrected. SECTION 4. 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 _22nd____ day of March________, 2016 by the fol- lowing vote: AYES: Supervisors Garton, Bun- dy, Carlson, Chamblin and Wil- liams NOES: None ABSENT OR NOT VOTING: None Robert A. Williams CHAIRMAN, Board of Supervisors 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 22nd day of March, 2016. DATED: This 22nd day of March, 2016. 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: March 29, 2016 i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià #&% $" #&% | CLASSIFIEDS | REDBLUFFDAILYNEWS.COM TUESDAY, MARCH 29, 2016 6 B

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