Goleta Municipal Code Art. III Clearance of Vegetation Along Public Roads

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them in this section, unless the text clearly indicates a contrary intention:

“Vegetation”

means all weeds, stubble, brush, trees, grass, perennial or annual growth, cuttings, leavings or other vegetative material of any kind.

“Lot”

means any parcel of land, whether or not the parcel is occupied by a building or structure.

(Ord. 02-01 § 1)

No person shall place, deposit, dump or maintain any vegetation on any public road right-of-way in a manner which constitutes a traffic nuisance or obstructs the free use of the right-of-way; or in a manner which causes or increases any hazard upon, or detracts from the safe use of any public road right-of-way. No person who is the owner or person in possession of any lot which contains or is adjacent to any public right-of-way shall maintain, deposit, permit or suffer the placement of, any vegetation in a manner which obstructs the free use of the right-of-way; or in a manner which constitutes a traffic nuisance; or in a manner which causes or increases any hazard upon, or detracts from the safe use of, any public road right-of-way. No person who is the owner or person in possession of any lot containing or adjacent to a public right-of-way shall maintain, or permit the continued placement of, any vegetation within or adjacent to any City road right-of-way after a notice is given that in the opinion of the City the vegetation present creates a traffic nuisance.

(Ord. 02-01 § 1)

The presence of any vegetation on or along a public road right-of-way which threatens to impair or which impairs the safe use of the public right-of-way or which interferes with the safe separation of all appropriate uses of the right-of-way shall constitute a public nuisance.

(Ord. 02-01 § 1)

Where the owner of the lot or parcel of real property containing or adjacent to a public road right-of-way fails, after notice requesting removal of vegetation from City, to remove such vegetation, the City may remove, or cause removal by contract, such vegetation and abate any nuisance created and recover the costs of such abatement and removal from such owner or person in possession.

(Ord. 02-01 § 1)

The City may give notice to the owner or person in possession of any lot containing or adjacent to any road right-of-way that vegetation exists upon such lot which constitutes a nuisance and notifying such person of an intent to abate in the following form:

(Ord. 02-01 § 1)

Before any action to abate a nuisance under this provision occurs, the notice of such action shall be given to the property owner by mail at least 10 days prior to such action and posted on or adjacent to the property for the same period of time, or if legal action is deemed necessary, for such period of time as required by law in an appropriate abatement action.

(Ord. 02-01 § 1)

The reasonable costs incurred by the City in abating a nuisance pursuant to this provision, or removing vegetation pursuant to the provisions of this article, may be collected from the owner of the real property upon which such nuisance or such vegetation existed and may be collected at the same time and in the same manner as ordinary property taxes are collected, and shall be subject to the same penalties and the same procedures and to sale in case of delinquency, as is provided for such taxes. All laws applicable to the levy, collection and enforcement of ad valorem taxes shall be applicable to such charge and it shall become a lien against the real property; except that, if for the first year such charge is levied the real property to which such charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attached thereon, prior to the date on which the first installation of such taxes would become delinquent, the charge confirmed pursuant to this section shall not result in a lien against such real property but instead shall be transferred to the unsecured roll for collection.

(Ord. 02-01 § 1)

The amount of the expenses incurred by the City for abating a nuisance as confirmed by the City Council under the provisions of this article, shall constitute a special assessment against the lot or land from which such nuisance was removed and a lien thereon for the amount of such assessment in accordance with the provisions of this article.

(Ord. 02-01 § 1)

The City shall deliver a copy of the expense report, as confirmed, to the County Auditor on or before August 1st, next following such confirmation and the County Auditor shall enter the amount stated in the report confirmed by the City Council as provided in this article as a special assessment against the property described in the report. The Tax Collector of the County shall include the amount of the assessment on the bill for taxes levied against the property. All laws applicable to the levy, collection and enforcement of local taxes are applicable to such special assessment.

(Ord. 02-01 § 1)

In any proceeding under this article, evidence that the current assessment roll of the County shows real property assessed to a person shall constitute prima facie evidence in any prosecution or proceeding under this article that such person is the owner of such property within the meanings of this article.

(Ord. 02-01 § 1)