Santa Maria Municipal Code Art. 3 Hearing Procedure, Appeals

(a) If the Compliance Officer determines all violations have been corrected within the time specified in the Compliance Order, or any extension thereof, no further action shall be taken.

(b) If compliance is not achieved within the time specified in the Compliance Order, the Compliance Officer issuing the Compliance Order shall cause a written notice of hearing to be served on all parties named in the Compliance Order by United States mail, first class, postage prepaid. Upon request of the Compliance Officer notice shall be served on properties within 100 feet of the property that is subject to the abatement hearing, or upon the complainant or complainants, if any, who reside beyond that distance.

(Ord. 99-25, eff. 1/21/00; Ord. 2011-08, eff. 12/1/11)

(a) Every notice of hearing shall contain the time, date and place at which the hearing will be conducted.

(b) The hearing date shall be not less than 15 days nor more than 60 days from the date of the Notice of Hearing, unless the Compliance Officer determines the matter is urgent or good cause exists for an extension of time.

(c) The hearing shall provide a full opportunity for the responsible parties subject to a Compliance Order to object to the determination that a nuisance has occurred, that the nuisance has continued to exist or has recurred and/or that the person is responsible for creating, maintaining or fostering the nuisance.

(d) The failure of any person subject to a Compliance Order pursuant to this chapter to appear at the hearing shall constitute an admission of the facts in the Compliance Order and shall constitute a failure to exhaust administrative remedies.

(Ord. 99-25, eff. 1/21/00)

(a) At the time and place stated in the notice, the Hearing Officer assigned to hear the matter shall hear and consider all relevant evidence, including, but not limited to, the testimony of the responsible party, City personnel, neighbors, witnesses or other interested parties, and may consider reports or other written materials, on the following issues:

(1) Whether the activity, condition, or conduct stated in the Compliance Order exist on the property or existed after the time for compliance stated in the Compliance Order;

(2) Whether the person(s) named in the Compliance Order are responsible parties; and

(3) The appropriate method of abatement, the amount of administrative penalties and the imposition of abatement costs.

(b) Proof of the existence of the nuisance must be by the preponderance of evidence, and the burden of proof is with the City.

(c) The formal rules of evidence shall not apply.

(d) Continuances for good cause may be granted on the motion of any responsible party, the Compliance Officer, or upon the Hearing Officer's own motion.

(Ord. 99-25, eff. 1/21/00; Ord. 2011-08, eff. 12/1/11)

(a) Within 15 days after the conclusion of the hearing, the Hearing Officer shall make findings and issue his or her written determination in connection with the Compliance Order.

(b) The Hearing Officer shall issue a Nuisance Abatement Order if he or she finds that:

(1) The activity, condition, or conduct stated in the Compliance Order exist on the property or existed after the compliance date specified in the Compliance Order;

(2) No activity, condition or conduct existed beyond the control of any person that prevented compliance with the Compliance Order; and

(3) The parties in the Compliance Order are responsible parties.

(c) The Nuisance Abatement Order may impose or order any or all of the following:

(1) Administrative penalties pursuant to Santa Maria Municipal Code Chapter 1-8.

(2) Abatement within the time specified in the Nuisance Abatement Order of the nuisance, or that the City may upon failure to abate the nuisance, abate the nuisance at the expense of the responsible parties.

(3) Abatement costs against the persons responsible for creating, maintaining or fostering the public nuisance when the Hearing Officer finds the nuisance occurred or recurred on or after the compliance date specified in the Compliance Order.

(d) If the City Attorney determines that the violation implicates a first amendment right, the Nuisance Abatement Order shall provide that the order is suspended until the responsible party exhausts his or her judicial remedies.

(Ord. 99-25, eff. 1/21/00; Ord. 2011-08, eff. 12/1/11)

A copy of the Nuisance Abatement Order of the Hearing Officer shall be served upon the responsible party or parties in the manner described in Section 5-6.207.

(Ord. 99-25, eff. 1/21/00; Ord. 2011-08, eff. 12/1/11; Ord. 2012-02, eff. 4/5/12)

In the absence of any appeal pursuant to Section 5-6.306, the public nuisance found to exist on the property shall be abated by having such property, building or structures rehabilitated, repaired or demolished within the time specified, and in the manner and means specifically set forth in the Nuisance Abatement Order issued by the Hearing Officer.

(Ord. 99-25, eff. 1/21/00; Ord. 2009-21, eff. 10/15/09; Ord. 2011-08, eff. 12/1/11; Ord. 2013-02, eff. 4/4/13)

Any person affected by the decision of the Hearing Officer may appeal the decision to the Superior Court of Santa Barbara County within 20 days of the decision or service of the Nuisance Abatement Order. The appeal shall be governed by the provisions of Government Code Section 53069.4

(Ord. 99-25, eff. 1/21/00; Ord. 2009-21, eff. 10/15/09; Ord. 2011-08, eff. 12/1/11)

Every person subject to a Nuisance Abatement Order shall comply with the Nuisance Abatement Order and with all applicable laws, permits or other approvals of the federal, state or local governments in any and all actions taken pursuant to or in order to comply with the Compliance Order, including, without limitation, the payment of all applicable permit fees.

(Ord. 99-25, eff. 1/21/00; Ord. 2009-21, eff. 10/15/09)

(Ord. 99-25, eff. 1/21/00; Ord. 2009-21, eff. 10/15/09; Ord. 2011-08, eff. 12/1/11)

(Ord. 99-25, eff. 1/21/00; Ord. 2009-21, eff. 10/15/09; Ord. 2010-03, eff. 5/20/10; Ord. 2011-08, eff. 12/1/11)

If no appeal is filed pursuant to Section 5-6.306 in the Superior Court contesting the Nuisance Abatement Order. The City Clerk shall record a copy of the Nuisance Abatement Order with the County Recorder of Santa Barbara County. When compliance is achieved, the City Clerk shall record a release of the Order.

(Ord. 99-25, eff. 1/21/00; Ord. 2009-21, eff. 10/15/09)