Goleta Municipal Code Ch. 12.19 Public Trails Outside of City Parks

No person shall permit, place, create, maintain or cause any encroachment, excavation, obstruction, sign or device in or upon any City trail or place of any City public recreation easement without a permit as provided in this chapter.

(02-01 § 1)

A. The City Community Services Director may issue permits to make an opening or excavation for any purpose in any City trail or place of City public recreation easement; to place, change or renew any such encroachment; to place or display in, under or over any City trail or place of City public recreation easement, any kind of sign or device; to plant, remove, cut, cut down, injure or destroy any tree, shrub, plant, flower, sign, fence, landscaping features or natural feature of, on, upon or within any City trail or place of City public recreation easement.

B. It shall be unlawful for any person to do any of the acts specified in this section without the authority of such a permit.

(02-01 § 1)

The City Community Services Director may, but is not required to, supervise any work done under any permit issued under the provisions of this chapter, in which event the permittee shall pay the reasonable costs of such supervision to the City Community Services Department.

(02-01 § 1)

A. The City Community Services Director may immediately remove, or by notice may require the removal, of any of the following encroachments unto, upon or over any City trail or place of City public recreation easement:

1. An encroachment which obstructs or prevents the use of a City trail or place of City public recreation easement;

2. An encroachment which is a hazard to users of the City trail or place of City public recreation encroachment;

3. An encroachment which is an advertising sign or advertising device.

B. The City Community Services Director may recover from the person causing any of the above encroachments, in an action brought in the name of the City for that purpose, the court costs of the Community Services Director, the expenses of such removal, and any other damages caused by the encroachment.

(02-01 § 1)

The City Community Services Director may by notice require the removal of any other encroachment not specified in Section 12.19.040, from any City trail or place of City public recreation easement.

(02-01 § 1)

A. The notice referred to in Sections 12.19.040 and 12.19.050 shall be served upon the occupant or owner of the land adjacent to the encroachment, or the person causing, controlling or owning the encroachment, or shall be left at the place of residence of such occupant, owner or person, if residing in the City and known to the person giving such notice. Notice shall be mailed to the owners affected at the address given on the last County Assessor’s records published, and shall be posted on the encroachment. The notice shall specify the place and extent of the encroachment and shall require the removal of such encroachment within 10 days.

B. If the encroachment is not removed, or its removal not commenced and diligently prosecuted prior to the expiration of the 10 days from and after the service or posting of the notice, the person causing, owning or controlling the encroachment shall be required to pay damages to the public for such encroachment, as reasonably calculated to offset the damages incurred, but in any case no less than $10.00 for each day the encroachment continues unremoved. The City Community Services Director shall immediately remove any encroachment which is such as to effectually obstruct and prevent the use of the trail or recreation easement by the public as intended.

C. If the encroachment is denied, and the owner or occupant of the land or the person causing, owning or controlling the alleged encroachment refuses either to remove it or permit its removal, the City Community Services Director shall commence, in any court of competent jurisdiction, an action in the name of the City to abate the encroachment as a nuisance. If the Community Services Director recovers judgment he or she may, in addition to having the nuisance abated, recover damages to the public for such encroachment, as reasonably calculated to offset the damages incurred, but in any case no less than $10.00 for each day the encroachment continues unremoved after service or posting of notice and also the costs in the action.

(02-01 § 1)