Municipal Code, Complete - City of Santa Barbara

NOTICE TO ABATE NUISANCE
NOTICE IS HEREBY GIVEN, that on the day of , , the Santa Barbara City Council
adopted a resolution declaring that one or more tanks, wells, cisterns, transmission lines or other conduits located
within or extended into public property by , or installed for the benefit of property more
particularly described in such resolution, constitutes a public nuisance which must be abated by removal, otherwise
they will be removed and the nuisance will be abated by order of the City in which case the cost of such removal,
together with incidental expenses, shall be charged to such person or agency responsible and assessed upon the lots
and lands for the benefit of which such installation was made, and such costs and incidental expenses will constitute a
lien upon such lots or lands until paid. Reference is hereby made to such resolution for further particulars.
All persons and all property owners having any objections to the proposed abatement are hereby notified to
attend a meeting of the Santa Barbara City Council to be held on the day of , , at the Council
Chamber of the Santa Barbara City Hall, 735 Anacapa Street, Santa Barbara, California, when their objections will be
heard and given due consideration.
Dated:
(Ord. 4830, 1993.)
22.42.050 Time for Posting Notice to Abate.
The notice provided in Section 22.42.040 shall be posted at least ten (10) days prior to the time stated therein for
hearing objections by the City Council. (Ord. 4830, 1993)
22.42.060 Council to Hear Objections to Proposed Removal.
At the time stated in the notice posted pursuant to Sections 22.42.040 and 22.42.050, the Council shall hear and
consider all objections or protests, if any, to the proposed abatement found by resolution to be a nuisance, and may
continue the hearing from time to time. Upon the conclusion of the hearing the Council by motion or resolution shall
allow or overrule any or all objections, whereupon the Council may perform the work of removal. The decision of
the Council on the matter shall be final and conclusive. (Ord. 4830, 1993)
22.42.070 Order to Abate - Owner May Abate Before City Begins Work.
After final action has been taken by the Council under Section 22.42.060 on the disposition of any protests or
objections, or in case no protests or objections have been received, the Council, by motion or resolution, may order
the Public Works Director or City Engineer to abate the nuisance considered pursuant to this Chapter by causing such
nuisance to be removed and the premises restored to a lawful condition suitable for public use and such officer, and
the deputies, agents and employees of such officer are hereby expressly authorized to enter upon private property for
that purpose. Any property owner, or other person responsible, shall have the right to have such nuisance abated at
his own expense; providing abatement is accomplished prior to the arrival of the City officer or representatives
prepared to do the same. (Ord. 4830, 1993)
22.42.080 Report of City's Expenses.
The City officer or deputy charged with such abatement shall keep an account of the costs, including the costs of
printing and posting notices, of abating the nuisance as provided in this Chapter. The City officer or deputy charged
with such abatement shall render an itemized written report to the Council, identifying the parties known to be
responsible, and showing the costs, apportioned to each separate lot or parcel of land as provided in this Chapter. At
least five days before such report is submitted to the Council for confirmation, a copy of the report, together with a
notice of the time when such report shall be submitted to the Council for confirmation, shall be mailed to the address
of the parties responsible, if their address is known, and posted with City Council meeting notices on the premises of
City Hall. (Ord. 4830, 1993.)
22.42.090 Hearing On and Confirmation of City's Costs - Costs to be Lien - Collecting Costs.
At the time fixed for receiving and considering the report required by Section 22.42.080, the Council shall hear
the same, together with any objections which may be raised by any of the persons liable to be assessed for the work of
abating the nuisance and thereupon make such modifications in the report as they deem necessary, after which, by
motion or resolution, the report shall be confirmed. The amount of the cost for abating such nuisance shall be
referred to the City Finance Director for collection and may be assessed against the various parcels of land referred to
in the report and, as confirmed, shall constitute a lien on such property for the amount of such assessments,
respectively.
409-3 rev. 4/30/98