Santa Barbara County Municipal Code § 28-120 Evidence of property ownership

The provisions of this article shall be applicable within all areas of the unincorporated territory of the County of Santa Barbara. If any part of this article is in conflict with any other part, the more restrictive provisions shall be controlling. Nothing in this article shall be construed to authorize or require removal, abatement, restriction, pruning or chemical treatment of any county approved street tree, or to change or conflict with the street tree regulations of Santa Barbara County found in article II of this chapter.

(Ord. No. 3703, § 3; Ord. No. 3890, § 1)

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.

In this article, the masculine gender includes the feminine and neuter; the singular number includes the plural and the plural includes the singular; "shall" is mandatory and "may" is permissive.

(Ord. No. 3703, § 3)

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 county road right-of-way after a notice is given that in the opinion of the county road commissioner the vegetation present creates a traffic nuisance.

(Ord. No. 3703, § 3)

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 traffic nuisance within the meaning of this article.

(Ord. No. 3703, § 3)

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 the road commissioner, to remove such vegetation, the road commissioner may obtain the order of the board of supervisors to remove such vegetation and abate any traffic nuisance created and recover the costs of such abatement and removal from such owner or person in possession.

(Ord. No. 3703, § 3)

The road commissioner of the county 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 traffic nuisance and notifying such person of an intent to abate in the following form:

NOTICE TO ABATE TRAFFIC NUISANCE

Notice is hereby given that weeds, stubble, brush, trees, dry grass, dry leaves or other vegetative material is present upon this property (known as ___________), and creates, in the opinion of the Santa Barbara County Road Commissioner, a traffic nuisance. You are requested to remove such material.

On ___________, 19___, at 9:00 A.M., or such time thereafter as the matter may conveniently be heard, the Board of Supervisors of the County of Santa Barbara will meet in the Santa Barbara County Administration Building to receive and hear the report of the Road Commissioner regarding this alleged nuisance.

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

WARNING: If, at such hearing, the Board finds that a traffic nuisance dues exist upon this property, it may direct the Road Commissioner or his agents to enter upon such property and remove or abate such nuisance by burning or removing such vegetation. THE COSTS OF SUCH REMOVAL OR ABATEMENT WILL BE ASSESSED AGAINST THIS REAL PROPERTY AND COLLECTED WITH THE TAXES FOR SUCH PROPERTY. IF YOU INTEND TO VOLUNTARILY ABATE THIS NUISANCE, YOU SHOULD DO SO BEFORE THE DATE OF SUCH HEARING.

You may request a copy of the report of the costs incurred by the County to abate the condition from the County Road Commissioner, 123 East Anapamu Street, Santa Barbara, California 93101.

Dated:___________

SANTA BARBARA COUNTY ROAD COMMISSIONER By _______

(Ord. No. 3703, § 3)

At least ten days before any hearing of a report to the board of supervisors requesting the removal or abatement of vegetation which constitutes a traffic 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 the 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.

(Ord. No. 3703, § 3)

In addition to or in place and instead of mailing and posting of the notice as described above, the county road commissioner may cause a notice of the existence of a traffic nuisance and an intent to abate such nuisance to be posted in a conspicuous place along the frontage of the lot or land lying within or adjacent to the public road right-of-way upon which such traffic nuisance exists or at the entry to the drive or accessway of the apparent owner or person in possession along such right-of-way.

(Ord. No. 3703, § 3)

At the time provided in such notice, or at such time thereafter as the matter may be conveniently heard, the board of supervisors shall meet to hear and consider the report of the road commissioner and any objections thereto. The road commissioner shall provide the report, a description of the lot, the name and address as appears on the last assessment, and indicate the method of notice given for the hearing according to the provisions of this article. The board may continue the matter from time to time as may be appropriate.

(Ord. No. 3703, § 3)

If, upon hearing the report of the road commissioner and any protests, the board determines that a traffic nuisance exists upon the public right-of-way, it may direct the road commissioner to abate the nuisance or such other action as may be appropriate under the circumstances.

(Ord. No. 3703, § 3)

Upon the determination of the board of supervisors to abate the traffic nuisance, the road commissioner may proceed to abate such nuisance and expend appropriated funds for such abatement, may remove such vegetation by force account or other means as is otherwise appropriate and may contract with any person or persons for the performance of the work required.

(Ord. No. 3703, § 3)

The road commissioner shall keep an account of his expenses incurred in abating a traffic nuisance or removing such vegetation pursuant to an order of the board, and shall file a report thereof with the board upon completion. Such report shall include the assessor's tax area and assessor's parcel number of the lot or land upon which such traffic nuisance or vegetation existed and, when available, the name and address of the last known assessee. Such report shall include a cost for the reasonable administrative expenses incurred in carrying out the order of the board which shall be twelve dollars per parcel where a traffic nuisance is abated or vegetation removed hereunder, or such other amount as may be approved by the board as reasonable under the circumstances.

(Ord. No. 3703, § 3)

The reasonable costs incurred by the county in abating a traffic nuisance, 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 county ad valorem 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 county 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. No. 3703, § 3)

The report of expenses of the road commissioner incurred in connection with abatement of a traffic nuisance or with removal of such vegetation shall be maintained on file, open to public inspection, in the office of the clerk of the board of supervisors for at least ten days before a hearing to confirm such report. If any person shall, before the expiration of such ten days, file a written request for a 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 road commissioner as required by this section. At such hearing, the board may make any modifications in the amount it deems just or appropriate after which the report shall be confirmed.

(Ord. No. 3703, § 3)

The amount of the expenses incurred by the road commissioner for abating a traffic nuisance as confirmed by the board of supervisors 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. No. 3703, § 3)

The board of supervisors shall deliver a copy of the expense report, as confirmed, to the county auditor on or before August 1st, next following such confirmation.

(Ord. No. 3703, § 3)

The county auditor shall enter the amount stated in the report confirmed by the board of supervisors 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 county taxes are applicable to such special assessment. All special assessments collected as provided in this article shall be paid into the road fund of the county treasury.

(Ord. No. 3703, § 3)

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. No. 3703, § 3)