Santa Barbara County Municipal Code § 17-69 Order to abate

The provisions of this article shall be applicable within all areas of the unincorporated territory of the county. If any part of this article is in conflict with any other part, the more restrictive provisions shall be controlling.

(Ord. No. 5151, § 1, 2-15-2022)

The presence of solid waste, or other litter on a lot, or on land adjacent thereto, except when stored in a container approved for such storage under this chapter, shall constitute a public nuisance within the meaning of this article.

(Ord. No. 5151, § 1, 2-15-2022)

(a) The director, or a person authorized by the director, may cause a notice in the form provided in subsection (c) of this section to be conspicuously posted in front of any lot or on any parcel upon which a public nuisance exists as provided in section 17-66 of this chapter. If such lot or parcel does not front upon any street, highway or road, then this notice may be posted upon the portion of such lot or parcel nearest to a street, highway or road or upon such portion that is likely to give actual notice to the owner or lawful possessor.

(b) Notice provided for in this section shall be posted at least ten days before the board meets to hear the report of the director, or their authorized representative, regarding the alleged public nuisance.

(c) The notice mentioned in this section shall be substantially in the following form:

NOTICE TO ABATE A PUBLIC NUISANCE

Notice is hereby given that Solid Waste, garbage, rubbish, or other Litter is present upon this property described on the reverse side of this Notice and creates in the opinion of the Director of the County Department of Public Works or his or her authorized representative, a public nuisance.

On the _______ day of _______, 20___, at 9:00 A.M., or as soon thereafter as possible, the Board of Supervisors of the County of Santa Barbara shall convene a public hearing at _______, California, to hear the report of the Department of Public Works regarding this alleged nuisance.

Any person may attend such meeting, and his or her objection, if any, to such report will be heard and given due consideration.

WARNING: If, at such hearing, the Board finds that a public nuisance does exist upon this property, it may direct the Director of Public Works or his/her agent to enter hereon and remove or abate such nuisance by collecting and removing such Solid Waste, garbage, rubbish, or other Litter as is present on this property. THE COST OF SUCH REMOVAL WILL BE COLLECTED BY ADDING IT ON TO THE TAXES ASSESSED AGAINST THIS PROPERTY. ANY OWNER INTENDING TO ABATE THIS NUISANCE AT HIS/HER OWN EXPENSE SHOULD DO SO ON OR BEFORE THE DATE OF THE AFORESAID HEARING.

Dated: _____ SANTA BARBARA COUNTY

DIRECTOR OF PUBLIC WORKS

By _____ Authorized Agent

(d) At least ten days before any hearing of a report to the board of supervisors requesting the removal or abatement of solid waste, garbage, rubbish, or other litter which constitutes a public nuisance, a notice of such hearing shall be posted in the office of the clerk of the board of supervisors and, in addition, mailed to the owner or person identified on the last assessment for the property in the records of the county assessor at the address indicated on the last assessment roll for the lot or parcel of real property.

(e) Notwithstanding any language to the contrary in this section, the director may authorize the abatement of a public nuisance for an amount not to exceed five thousand dollars if the Director determines the nuisance is an immediate danger to the public, health, safety, or welfare. The director shall first proceed pursuant to the provisions of section 17-78 of this chapter and if possible, shall request the responsible party to immediately abate the nuisance. If the responsible party is unavailable, unwilling, or unable to immediately abate the nuisance, the director shall take whatever action is necessary to abate the nuisance.

(f) Nothing in this section shall preclude the resource recovery and waste management division from issuing a courtesy warning to the owner or responsible party prior to issuing the notice to abate a public nuisance as provided in this section. The issuance of courtesy notice is not a requirement of this section.

(Ord. No. 5151, § 1, 2-15-2022)

At the time and place stated in the notices, the board shall meet to hear the report of the director of public works or his authorized representative, and any objections thereto. The director or authorized representative shall attend, inform the board as to the alleged public nuisance, and supply the legal description of the lot upon which it exists, the name and address of the last known assessee thereof, and state what has been done in order to give notice of the hearing according to the provisions of this article. The board may continue such matters from time to time as may be appropriate.

(Ord. No. 5151, § 1, 2-15-2022)

If, upon hearing the report of the director of public works or authorized representative thereof and any protests, the board determines that a public nuisance exists on a lot or parcel or land adjacent thereto, it may direct the director to abate the nuisance. The board shall maintain a record of its proceedings at such hearing and retain therewith the report of the director, a legal description of such a lot or parcel or land, and, where available, the name and address of its last known assessee.

(Ord. No. 5151, § 1, 2-15-2022)

If the board directs the director to abate a public nuisance, the director shall proceed to abate such nuisance unless it has been abated, completely, before his or her agents arrive to begin such abatement. The director may expend appropriate funds for such abatement and may contract with a person or persons for the performance of the work of such abatement.

(Ord. No. 5151, § 1, 2-15-2022)

(a) The director shall keep an account of expenses when abating a public nuisance pursuant to an order of the board, and file a report thereof with the board, which report shall include the assessor's tax area and parcel numbers according to the county assessment roll of the lot or parcel or land upon which such public nuisance existed and, when available, the name and address of the last known assessee. Such report shall include a reasonable administrative cost in an amount to be fixed by the board of supervisors from time to time, based on administrative costs of carrying out these regulations.

(b) The report of expenses referred to in this section shall be maintained on file, open to public inspection, in the office of the clerk of the board for at least ten days before a hearing of the board to confirm such report. If any person shall, before the expiration of such ten days, file a written request for notice of the hearing upon such confirmation, the board shall mail such notice to the address supplied in any such written request. At the time fixed for such hearing, the board shall meet to hear any objections to the report of expenses filed by the director as required by this section. At such hearing, the board may make any modifications in the amount it deems just, after which the report shall be confirmed.

(c) The amount of expenses incurred by the director for abating a public nuisance pursuant to this article, when confirmed by the board under the provisions of this article, shall constitute a special assessment against the lot or parcel or land from which such nuisance was removed and a lien thereof for the amount of such assessment.

(d) The board shall deliver a copy of the expense report, as confirmed, to the auditor-controller of the county on or before August 1, following such confirmation.

(e) The county auditor-controller shall enter the amount stated in the report 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 county taxes are applicable to such special assessments. All special assessments collected as provided in this article shall be deposited to the solid waste enterprise fund or to such other fund as the board may designate.

(Ord. No. 5151, § 1, 2-15-2022)

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 meaning of this article.

(Ord. No. 5151, § 1, 2-15-2022)