Santa Barbara County Municipal Code § 26-127 Permits for excavations and encroachments

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

(Ord. No. 3865, § 1; Ord. No. 4965, § 1, 5-10-2016)

(a) The community services director may issue permits to make an opening or excavation for any purpose in any county trail or place of county public recreation easement; to place, change or renew any such encroachment; to place or display in, under or over any county trail or place of county 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 county trail or place of county 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.

(Ord. No. 3865, § 1; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

The 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 community services department.

(Ord. No. 3865, § 1; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

The community services director may immediately remove, or by notice may require the removal, of any of the following encroachments unto, upon or over any county trail or place of county public recreation easement:

(a) An encroachment which obstructs or prevents the use of a county trail or place of county public recreation easement;

(b) An encroachment which is a hazard to users of the county trail or place of county public recreation encroachment;

(c) An encroachment which is an advertising sign or advertising device.

The community services director may recover from the person causing any of the above encroachments, in an action brought in the name of the county for that purpose, the court costs of the park director, the expenses of such removal, and any other damages caused by the encroachment.

(Ord. No. 3865, § 1; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

The community services director may by notice require the removal of any other encroachment not specified in section 26-129, from any county trail or place of county public recreation easement.

(Ord. No. 3865, § 1; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)

(a) The notice referred to in sections 26-129 and 26-130 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 county 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 ten days.

(b) If the encroachment is not removed, or its removal not commenced and diligently prosecuted prior to the expiration of the ten 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 ten dollars for each day the encroachment continues unremoved. The 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 by, 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 county counsel or district attorney shall commence, in any court of competent jurisdiction, an action to abate the encroachment as a nuisance. If the county counsel or district attorney recovers judgment he 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 ten dollars for each day the encroachment continues unremoved after service or posting of notice and also the costs in the action.

(Ord. No. 3865, § 1; Ord. No. 4833, § 1, 4-10-2012; Ord. No. 4965, § 1, 5-10-2016)