Santa Barbara County Municipal Code § 18-1 Notice to abate nuisance to be given

Whenever a nuisance endangering the public health shall be ascertained to exist on any premises or in any house or other place in the county, the health officer shall notify in writing any person owning or having control or possession of or, acting as agent for such premises, house or other place that such nuisance exists, and require him or them to abate or remove such nuisance within a reasonable time, not exceeding ten days, to be stated in the notice, and the health officer shall report his action in every such case to the board of supervisors at the next regular meeting thereafter.

(Ord. No. 273, § 1)

Editor's note— Ord. No. 4909, § 1, adopted Jan. 6, 2015, repealed § 18-2 which pertained to inspection of privies, cesspools, etc. and derived from § 2 of Ord. No. 273.

Upon the neglect or refusal of any owner, occupant, agent or other person having control of such premises, yard, house or other place, to abate a nuisance required to be abated by the preceding sections such owner, occupant or agent, in addition to the penalty provided by this Code, shall be liable to the county for the cost of such abatement or removal, to be recovered in a civil action in the name of the county, in any court of competent jurisdiction within the county.

(Ord. No. 273, § 3)

Editor's note— Ord. No. 4909, § 1, adopted Jan. 6, 2015, repealed § 18-4 which pertained to cleaning, disinfecting privies, etc. and derived from § 4 of Ord. No. 273.

No offal or garbage nor any dead animal, or any putrid offensive animal, or vegetable matter shall be allowed to remain upon the premises of any person or be placed, in or upon any road, street or highway, or into any standing water or excavation within the county, and it shall be unlawful to bury the carcass of any dead animal so that there shall be less than three feet of earth above such carcass.

(Ord. No. 273, § 5)

* As to animals and fowl generally, see ch. 7 of this Code.

(a) This section shall not apply in any area of the county now or hereafter classified under applicable county zoning ordinances for agricultural uses as shown by the use of the letter "A" in the district classification.

(b) No person shall permit the accumulation on premises owned by him or under his control of decaying animal, vegetable or mineral matter, excreta from domestic animals or fowls, or human excreta, in such a manner as is likely to cause excessive breeding of flies. The term "excessive breeding of flies" means the production of flies in such quantity as may endanger the health or interfere with the comfort of persons who occupy property in the neighborhood.

(c) If the health officer determines that premises are being maintained in such manner as to cause excessive breeding of flies, he shall give written notice to the owner or person in control of the premises to abate such conditions. The notice shall be served personally or by certified mail, and shall require that abatement be commenced immediately and completed within such reasonable time as the health officer shall specify.

(d) When the health officer is of the opinion that the excessive breeding of flies is caused in whole or in part by the presence of wet manure, he may by such written notice require the same to be abated by the removal or treatment thereof in a manner acceptable to him within thirty-six hours after delivery of such notice.

(e) The health officer shall enforce this section. The health officer, or any officer or employee of the county acting at his request or under his direction, shall have the right to enter upon lands and buildings other than dwellings for the purpose of enforcing this section, and in making such entry shall take reasonable precaution to minimize the spread of disease from any premises.

(f) Nothing contained in this section shall be construed to authorize any person to maintain a public or private nuisance, or to prevent any proceeding for abatement thereof.

(Ord. No. 1871, § 1)

Editor's note— Ord. No. 4909, § 1, adopted Jan. 6, 2015, repealed § 18-7 which pertained to protection of potable water supplies and derived from § 1 of Ord. No 2752; § 6 of Ord. No 2849; and § 1(a) of Ord. No 4075.

Editor's note— Ord. No. 4909, § 1, adopted Jan. 6, 2015, repealed § 18-7.1 which pertained to county code references to local health officer and derived from § 3 of Ord. No. 4180 and § 2 of Ord. No. 4215.