Municipal Code, Complete - City of Santa Barbara

Chapter 22.21
ENCROACHMENTS INTO PUBLIC ROADS, STREETS,
ALLEYS AND RIGHTS OF WAY AS PUBLIC NUISANCE
Sections:
22.21.010 Encroachments into Public Roads,
Streets, Alleys and Rights of Way
Declared a Nuisance.
22.21.020 Description of Property in
Resolution Declaring Nuisance.
22.21.030 Resolution May Cover Several
Parcels.
22.21.040 Posting and Form of Notice to
Abate.
22.21.050 Time for Posting Notice to Abate.
22.21.060 Council to Hear Objections to
Proposed Removal.
22.21.070 Order to Abate - Owner May Abate
Before City Begins Work.
22.21.080 Report of City's Expenses.
22.21.090 Hearing On and Confirmation of
City's Costs - Costs to be Lien -
Collecting Costs.
22.21.100 Reservation of Police Powers.
22.21.010 Encroachments into Public Roads, Streets, Alleys and Rights of Way Declared a Nuisance.
A. Encroachments in, on, under, or interfering with the use or improvement of any public road, street, alley,
storm drain, sewer or waterline easement, or other public property or right of way which are not removed within 30
days following demand by the City Public Works Director or City Engineer may be declared to be a public nuisance
by resolution of the City Council.
B. Any obstruction to the use or improvement of any public road, street, alley, sewer or water easement, or other
public property or right of way may be declared to be a public nuisance by resolution of the City Council.
C. A condition declared to be a public nuisance by resolution of the City Council may be abated at the joint and
several expense of:
1. the person or persons who placed, installed, or constructed such encroachment or obstruction;
2. the person or persons for whose benefit such encroachment or obstruction was placed, installed or
constructed; and,
3. the present owner(s) of the land or premises for the benefit of which the encroachment or obstruction
was placed, installed or constructed. (Ord. 4831, 1993)
22.21.020 Description of Property in Resolution Declaring Nuisance.
The resolution adopted pursuant to Section 22.21.010 shall describe the property upon which the nuisance exists,
or the property for the benefit of which such nuisance was placed, installed, or constructed by reference to the latest
County Tax Assessor's records available to the public, and no other description of the property shall be required. In
lieu thereof, reference may be made to the parcel or lot and block number of the property according to the official
map or other records. (Ord. 4831, 1993)
22.21.030 Resolution May Cover Several Parcels.
Any number of parcels of property may be included in one and the same resolution declaring the nuisance. (Ord.
4831, 1993)
22.21.040 Posting and Form of Notice to Abate.
After adoption of the resolution as provided by Sections 22.21.020 and 22.21.030, the Public Works Director, or
City Engineer shall cause a notice to abate the nuisance to be mailed to the person responsible for the obstruction or
encroachment, if known, and conspicuously posted on the property on which the nuisance exists, and on the property
which was to benefit from the obstruction or encroachment, if reasonably identified. At least three such notices shall
be placed on such property, near such nuisance, at intervals not more than one hundred feet (100') in distance apart.
Such notice shall include the words: "Notice to Abate Nuisance" in letters not less than one inch (1") in height, and
shall be substantially in the following form:
392-8 rev. 1/4/94