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Municipal Code, Complete - City of Santa Barbara

Municipal Code, Complete - City of Santa Barbara

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NOTICE TO ABATE NUISANCE<br />

NOTICE IS HEREBY GIVEN, that on , 19 , the <strong>Santa</strong> <strong>Barbara</strong> <strong>City</strong> Council adopted a resolution<br />

declaring that an obstruction or encroachment located within or extended into public property by ,<br />

or installed for the benefit <strong>of</strong> property more particularly described in such resolution, constitutes a public nuisance<br />

which must be abated by removal, otherwise the obstruction or encroachment will be removed and the nuisance will<br />

be abated by order <strong>of</strong> the <strong>City</strong> in which case the cost <strong>of</strong> such removal, together with incidental expenses, shall be<br />

charged to such person or agency responsible and assessed upon the lots and lands for the benefit <strong>of</strong> which such<br />

installation was made, and such costs and incidental expenses will constitute a lien upon such lots or lands until paid.<br />

Reference is hereby made to such resolution for further particulars.<br />

All persons and all property owners having any objections to the proposed abatement are hereby notified to<br />

attend a meeting <strong>of</strong> the <strong>Santa</strong> <strong>Barbara</strong> <strong>City</strong> Council to be held on the day <strong>of</strong> , 19 , at the Council<br />

Chamber <strong>of</strong> the <strong>Santa</strong> <strong>Barbara</strong> <strong>City</strong> Hall, 735 Anacapa Street, <strong>Santa</strong> <strong>Barbara</strong>, California, when their objections will be<br />

heard and given due consideration.<br />

Dated:<br />

(Ord. 4831, 1993)<br />

22.21.050 Time for Posting Notice to Abate.<br />

The notice provided in Section 22.21.040 shall be posted at least ten (10) days prior to the time stated therein for<br />

hearing objections by the <strong>City</strong> Council. (Ord. 4831, 1993)<br />

22.21.060 Council to Hear Objections to Proposed Removal.<br />

At the time stated in the notice posted pursuant to Sections 22.21.040 and 22.21.050, the Council shall hear and<br />

consider all objections or protests, if any, to the proposed abatement found by resolution to be a nuisance, and may<br />

continue the hearing from time to time. Upon the conclusion <strong>of</strong> the hearing the Council by motion or resolution shall<br />

allow or overrule any or all objections, whereupon the Council may perform the work <strong>of</strong> removal. The decision <strong>of</strong><br />

the Council on the matter shall be final and conclusive. (Ord. 4831, 1993)<br />

22.21.070 Order to Abate - Owner May Abate Before <strong>City</strong> Begins Work.<br />

After final action has been taken by the Council under Section 22.21.060 on the disposition <strong>of</strong> any protests or<br />

objections, or in case no protests or objections have been received, the Council, by motion or resolution, may order<br />

the Public Works Director or <strong>City</strong> Engineer to abate the nuisance considered pursuant to this Chapter by causing such<br />

nuisance to be removed and the premises restored to a lawful condition, suitable for public use and such <strong>of</strong>ficer, and<br />

the deputies, agents and employees <strong>of</strong> such <strong>of</strong>ficer are hereby expressly authorized to enter upon private property for<br />

that purpose. Any property owner, or other person responsible, shall have the right to have such nuisance abated at<br />

his own expense; providing abatement is accomplished prior to the arrival <strong>of</strong> the <strong>City</strong> <strong>of</strong>ficer or representatives<br />

prepared to do the same. (Ord. 4831, 1993)<br />

22.21.080 Report <strong>of</strong> <strong>City</strong>'s Expenses.<br />

The <strong>City</strong> <strong>of</strong>ficer or deputy charged with such abatement shall keep an account <strong>of</strong> the costs, including the costs <strong>of</strong><br />

printing and posting notices, <strong>of</strong> abating the nuisance as provided in this Chapter. The <strong>City</strong> <strong>of</strong>ficer or deputy charged<br />

with such abatement shall render an itemized written report to the Council, identifying the parties known to be<br />

responsible, and showing the costs, apportioned to each separate lot or parcel <strong>of</strong> land as provided in this Chapter. At<br />

least five days before such report is submitted to the Council for confirmation, a copy <strong>of</strong> the report, together with a<br />

notice <strong>of</strong> the time when such report shall be submitted to the Council for confirmation, shall be mailed to the address<br />

<strong>of</strong> the parties responsible, if their address is known, and posted with <strong>City</strong> Council meeting notices on the premises <strong>of</strong><br />

<strong>City</strong> Hall. (Ord. 4831, 1993)<br />

392-9 rev. 1/4/94

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