A. 
In order to protect residents of the city and their property from conditions which are hazardous or injurious to the health, safety or welfare of the general public, this chapter pertaining to nuisance abatement is necessary to effectively abate or prevent the development of such conditions in the city.
B. 
It is the intention of this chapter to set forth guidelines for determining the conditions which constitute a public nuisance; to establish a method for giving notice of the conditions and to provide an opportunity to correct them; and in the event a public nuisance is not abated or corrected by the responsible person, to provide a procedure for the city to cause the abatement of such nuisances and to recover its abatement costs.
C. 
It is the purpose of this chapter to provide a just, equitable, and practical method, in addition to any other remedy available at law or equity, whereby lands, buildings or structures that are maintained in violation of this code may be required to be repaired, renovated, vacated, demolished, made safe, cleaned up, or otherwise brought into compliance with this code.
D. 
This chapter is not intended to enforce private conditions, covenants and restrictions ("CC&Rs") on property. This chapter will be enforced uniformly within the city regardless of CC&Rs. Therefore, this chapter does not abrogate the right of any homeowner's association or private citizen to take action, legal or as otherwise provided in the CC&Rs, to force compliance with the CC&Rs applicable to their tract or association even though the CC&R provisions may be the same or more restrictive, or not covered by this chapter.
(Ord. 06-04 § 2, 2006)
The following words and phrases, when used in the context of this chapter, shall have the following meanings:
"Abandoned"
means not legally occupied or in use for any legally permitted purpose.
"City manager"
means the city manager of the city or the city manager's designee.
"Enforcement officer"
means any person authorized by the city manager to enforce certain provisions of this code.
"Front yard area"
means all of the property between the front property line and the face of the wall of the primary structure and garage.
"Gravel surface"
means: (1) gravel that is a crushed aggregate with a minimum diameter of three-quarters of an inch to a maximum diameter of one inch; (2) a depth of four to six inches; (3) providing positive drainage to the street and not to adjoining properties; and (4) installation of curb cuts with a concrete driveway apron per city standards. All gravel surfaces shall be properly maintained as to dust, weed, and erosion control. Crushed aggregate is defined as stone material where all faces of each aggregate have well-defined edges from a crushing operation.
"Hearing officer"
means any person authorized by the city manager to conduct a nuisance abatement hearing pursuant to this chapter and to make determinations, decisions, and orders with respect to public nuisances as provided in this chapter. The hearing officer shall not be a city employee. The employment, performance, evaluation, compensation of the hearing officer, if any, shall not be conditioned upon any particular conclusions reached at any nuisance abatement hearing.
"Landscaping"
means an area devoted to or developed and maintained predominantly with, native or exotic plant materials, including lawn, groundcover, trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements, such as pools, fountains, paved or decorated surfaces (excluding paved surfaces for the parking of vehicles), and sculptural elements.
"Legal interest"
means any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument, which is recorded with the county recorder.
"Paved surface"
means a surface paved with a minimum of two inches of asphalt, concrete, turf block, or pavers on a suitable base.
"Responsible person"
means any person whom an enforcement officer determines is responsible for causing or maintaining a violation of this code. The term responsible person includes but is not limited to a property owner, tenant, a person with a legal interest in any real or personal property, or a person in possession or control of any real or personal property.
"Street side yard area"
means all of the property between the side property line adjoining a public street and the face of the wall of the primary structure and garage or fence line, whichever is closer.
(Ord. 06-04 § 2, 2006; Ord. 08-02 § 3, 2008)
It is declared to be a public nuisance, for any responsible person to maintain any of the following conditions on private property within the city that are either visible from a public right-of-way or private street or is otherwise injurious to the health, safety or welfare of neighboring properties or persons:
A. 
Substandard Buildings or Structures. Buildings or structures or portions of such buildings or structures having one or more of the following conditions:
1. 
Boarded Buildings. Buildings designed for human use or occupancy that are boarded by voluntary action of the owner or as a result of enforcement activity by the city, which are not rehabilitated within 90 days after the building is boarded.
2. 
Unoccupied Buildings. Buildings designed for human use or occupancy that stand vacant for more than 90 consecutive days, unless the city manager finds in writing that any of the following applies:
a. 
The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation;
b. 
The building meets all codes, does not contribute to blight, is ready for occupancy, and is actively being offered for sale, lease, or rent;
c. 
The building does not contribute to and is not likely to contribute to blight because the owner is actively maintaining and monitoring the building so that it does not contribute to blight. Active maintenance and monitoring includes:
i. 
Maintenance of landscaping and plant materials in good condition,
ii. 
Maintenance of the exterior of the building, including, but not limited to, paint and finishes, in good condition,
iii. 
Regular removal of all exterior trash, debris and graffiti,
iv. 
Maintenance of the building in continuing compliance with all applicable codes and regulations, and
v. 
Reasonable efforts to prevent and deter criminal activity on the property.
3. 
Unfinished Building. Buildings or structures that are partially destroyed, or permitted to remain in a state of partial construction for an unreasonable period of time, but not less than three months; however, an extended time may be allowed by the city manager if orderly progress is demonstrated.
4. 
Broken Windows. Buildings or structures that have broken windows for more than three months.
5. 
Improperly Secured Structure. The failure to secure and continue to secure from public access all doorways, windows and other openings into vacant or abandoned buildings or structures.
6. 
Deteriorated Structures. Walls, retaining walls, fences, structures or buildings, upon which the condition of the paint has become so deteriorated as to permit decay, excessive cracking, peeling, chalking, dry rot, warping or termite infestation.
7. 
Graffiti. Any building or structure, wall, fence, pavement or walkway upon which any graffiti, whether etched in or marked on a surface, is allowed to remain for an unreasonable period. For purposes of this subsection, "unreasonable" means the longer of the following periods: (a) five days from the placement of the graffiti on the premises; or (b) five days from notification to the property owner from the city to remove the graffiti, or any extensions of the removal period granted in writing by the city.
8. 
Substandard Exterior Screening. Temporary fencing and screening material including, but not limited to fencing consisting of garage doors, wood pallets, barbed wire, tarpaulins (plastic, vinyl, canvas, or other similar material), opaque or transparent plastic or Mylar, palm leaves, bamboo sheeting, ribbed or unribbed fiberglass or plastic, recycled metal whose previous use is still easily recognizable. Screening of property visible from a public street must be of durable materials permanently constructed for the purpose of screening and must be consistent with city standards and requirements.
9. 
Inadequate Sanitation. Includes any of the following:
a. 
Lack of hot and cold running water to plumbing fixtures in a dwelling unit or hotel;
b. 
Lack of minimum amounts of natural light and ventilation required by building and safety codes;
c. 
Room and space dimensions less than required by building and safety codes; and
d. 
Dampness of habitable rooms.
10. 
Structural Hazards. Includes any of the following:
a. 
Deteriorated or inadequate foundations;
b. 
Defective, deteriorated or inadequately sized flooring and/or floor supports;
c. 
Defective, deteriorated or inadequately sized members of walls, partitions, or other vertical supports;
d. 
Defective, deteriorated or inadequately sized ceiling, roof or other horizontal supports; and
e. 
Defective, damaged or inadequately constructed fireplace or chimney.
11. 
Inadequate or Hazardous Wiring. Any wiring that does not conform to the applicable laws in effect at the time of installation, or which is not maintained in a good and safe condition, or is not working properly.
12. 
Inadequate Plumbing. Any plumbing that does not conform to all applicable laws in effect at the time of installation, or which has not been maintained in a good and safe condition.
13. 
Inadequate Heating or Ventilation. The lack of adequate heating facilities in a dwelling unit or hotel room; the lack of, or improper operation of, required ventilating equipment; and any mechanical equipment, including vents, that do not conform to all applicable laws in effect at the time of installation or which are not maintained in a good and safe condition.
14. 
Faulty Weather Protection. The lack of sound and effective roof covering or wall covering.
15. 
Fire Hazard. Any building, structure, device, apparatus, equipment, combustible waste or vegetation which is in such a condition as to potentially cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
16. 
Inadequate Fire Safety Measures or Fire Fighting Equipment. Any building or structure which is not provided with exit facilities or fire-extinguishing systems or equipment as required by law.
17. 
Any other condition constituting a substandard building under California Health and Safety Code Section 17920.3.
B. 
Substandard Property Conditions. Property or portions of property having one or more of the following conditions:
1. 
Substandard Exterior Surfaces. Walls, retaining and crib walls, fences, driveways, parking lots, sidewalks or walkways that are maintained in such condition so as to become defective, unsightly or no longer viable including those driveways, parking lots, sidewalks or walkways containing potholes, excessive cracks or weeds.
2. 
Substandard Landscaping. Neglected or improperly maintained landscaping, including, but not limited to, dead, debris laden, weed infested or overgrown vegetation, trees, shrubs, hedges, grass and ground cover; or vegetation dying as a result of physical damage, disease, insect infestation or lack of water; or the removal or failure to maintain in good condition any landscaping required as a condition to any permit or development approved or included in the project plans or application, without city approval. This condition also includes the lack of any landscaping in any front yard, or landscaped setback area which lacks turf, other planted material, decorative rock, bark, or planted ground cover or covering, so as to cause excessive dust or allow the accumulation of debris.
3. 
Debris Accumulation. Except where construction is occurring under a valid permit, lumber, junk, trash, garbage, salvage materials, rubbish, hazardous waste, refuse, rubble, broken asphalt or concrete, containers, broken or neglected machinery, furniture, appliances, sinks, fixtures or equipment, scrap metals, machinery parts, dilapidated or dismantled automobiles or other such material stored or deposited on property such that they are visible from a public street, alley, or neighboring property, or which constitutes a fire hazard, or which adversely affect the aesthetic or olfactory nature of the area. With respect to refuse or trash placed so as to be visible from neighboring properties or streets, this condition does not apply to those times when refuse or trash is scheduled for collection, in accordance with this code or other city regulation.
4. 
Exterior Storage.
a. 
The exterior storage or maintenance of parts or machinery of any type or description, where such items are visible from a private or public street, sidewalk or right-of-way, unless specifically authorized by a city permit pursuant to Title 19 (Zoning);
b. 
Building materials or merchandise for sale unless specifically authorized by a city permit pursuant to Title 19; or
c. 
Construction equipment or garbage bins except while excavation, construction or demolition operations covered by an active building permit or other city permit are in progress on the subject or adjoining property.
5. 
Landslide and Water Hazards. Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties. The excavation of land that results in the accumulation of any pool or body of water in such a manner that it is, or may become, a breeding place for mosquitoes.
6. 
Improper Obstruction. Obstruction or encroachment upon any public property, including, but not limited to, any public street, sidewalk, highway, right-of-way, and park or building, without prior city consent. Such obstructions or encroachments include, but are not limited to overgrown trees and shrubs, building materials, merchandise or other personal property, free standing portable basketball hoop stands, buildings or portions of buildings or structures protruding onto public property.
7. 
Improper Vehicle Repair. Use of property in a residential district for the purpose of performing vehicle repair or maintenance where any of the following conditions exists:
a. 
The repair is conducted outside of a fully enclosed structure and results in a vehicle being inoperable for more than 48 hours; or
b. 
For a profit, except where such use constitutes a legal non-conforming use pursuant to the city's zoning ordinances.
8. 
Hazardous Substances. The improper maintenance of any substance which because of its quantity, concentration or physical, chemical or infectious characteristics may either cause or substantially contribute to an increased risk of death or serious illness or otherwise pose a significant present or potential hazard to human health or the environment including any hazardous substance that is likely to or actually flows or seeps onto any public street or other public or private property.
9. 
Attractive Nuisances. Abandoned, broken, or neglected equipment and machinery, pools, ponds, excavations, abandoned wells, shafts, basements or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles, any unsound structure, accumulated lumber, trash, garbage, debris or vegetation that attract, or may reasonably be expected to attract children.
10. 
Construction Debris Containers. Construction debris storage bins stored in excess of 15 days on a public street or any front or side yard setback area without the express approval of the city.
11. 
Animals and Livestock. Animals, livestock, poultry or bees kept, bred or maintained for any purpose in violation of any provision of this code.
12. 
Overcrowded Habitation. Any habitation that is overcrowded, as defined by the Uniform Housing Code.
13. 
Illegal Dumping. Except where construction is occurring under a valid permit, the dumping or depositing of waste matter, rocks or dirt in or upon any public or private street or road, including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or license, or upon any private property without the consent of the owner, or in or upon any public property other than property designated or set aside for that purpose by the governing body having charge of that property.
14. 
Rodents and Predators. Any premises infested with rodents or predatory animals.
15. 
Parking of Vehicles. No landowner, tenant, vehicle owner, vehicle operator, or property manager shall park, or allow to be parked, any vehicle, as defined by the California Vehicle Code, in the front yard area or street side yard area of a property with a residential zoning designation except on a paved surface. A gravel surface approved by the planning director may also be permitted. No more than 50% of the area of the existing front yard area or street side yard area shall be a paved surface. The remaining 50% shall contain landscaping.
C. 
Improper Parking of Recreational Vehicles, Boats and Trailers. Improper parking of a recreational vehicle, boat or trailer, as set forth in this subsection, shall constitute a public nuisance. In all zones in the city, a recreational vehicle, as defined in Section 19.12.020, boat, or a trailer, as defined in Section 19.12.020, may be parked or stored only in the following manner:
1. 
A recreational vehicle, boat, or trailer may be parked or stored in any enclosed structure as long as the structure otherwise conforms to the zoning requirements of the particular zone where located.
2. 
Residential Property. No more than two recreational vehicles, boats, or trailers may be parked or stored outside of an enclosed structure on a residentially zoned lot. The following locational restrictions shall apply:
a. 
Two recreational vehicles, boats, or trailers may be parked or stored in the side or rear yard of the property provided that such recreational vehicles, boats, or trailers are screened behind a six-foot high wall or fence, no closer than three feet to any building or structure, and no closer than two and one-half feet to the property lines (see Figure 8A), and parked or stored on a pad composed of concrete, pavers, compacted base, or gravel.
b. 
One recreational vehicle, boat, or trailer may be parked or stored in the front setback area as follows:
i. 
On the driveway to the garage, provided the recreational vehicle, boat, or trailer is set back two and one-half feet from the front property line; or
ii. 
An addition to the driveway to the garage may be used for parking or storage of a recreational vehicle, boat, or trailer on the short side of the property as shown in Figure 8A. The parking or storage area can be no closer than two and one-half feet to the side property line and two and one-half feet to the front property line (Figure 8A). The parking or storage pad shall be composed of concrete or pavers. Compacted base or gravel is not permitted.
c. 
The driveway may be used for temporary parking for loading and unloading for a period not exceeding 72 hours.
3. 
Commercial/Industrial Property. No registered owner, legal owner, driver, renter, and/or lessee of any recreational vehicle, boat, or trailer shall park or store, or allow the recreational vehicle, boat, or trailer to be parked or stored, on any unpaved surface within the yard or setback areas of any commercial, industrial or vacant lot. The surface upon which a recreational vehicle, boat, or trailer is parked or stored shall provide adequate vehicle support together with dust, weed, and erosion control for the driveway, parking area and area underneath the recreational vehicle, boat, or trailer.
4. 
No part of the recreational vehicle, boat, or trailer may extend over the public sidewalk or parkway.
5. 
A recreational vehicle, boat, or trailer shall not be parked or stored in a manner that constitutes a safety hazard or poses a danger to any person.
6. 
All storage of recreational vehicles, boats, and trailers shall conform to this subsection within six months of its adoption.
D. 
Living or Residing in Recreational Vehicles. It is unlawful for any person to park a recreational vehicle on any street, highway, or public or private property for purposes of living or residing therein, except as permitted by ordinance, resolution or other formal action of the city council. "Living" or "residing" as used herein shall include use of a recreational vehicle as living or sleeping quarters for more than four days in any 12 month period. This section shall not apply to registered guests, campers or residents at mobile home or recreational vehicle parks validly existing pursuant to city zoning requirements.
E. 
Improper Occupancy and Storage in Recreational Vehicles. Improper occupancy or storage in recreational vehicles, as defined in Section 19.12.020 of the municipal code, boat or trailer, as defined in Section 19.12.020 of the municipal code, shall constitute a public nuisance. In all zones of the city, a recreational vehicle, boat or trailer shall not be:
1. 
Used for dwelling purposes except for limited overnight sleeping for a maximum of four days in any 12 month period;
2. 
Permanently connected to sewer lines, water lines or electricity; the recreational vehicle may only be connected to electricity temporarily for charging batteries and other maintenance-related purposes;
3. 
Used for storage of goods, materials, or equipment other than those items considered to be part of the recreational vehicle, boat, or trailer or essential for its immediate use.
F. 
Other Illegal Conditions. Any other condition caused or permitted to exist in violation of this code, or any applicable federal, state, county or city law, which may constitute a public nuisance.
G. 
Noise Regulations. In order to secure and promote the public health, comfort, safety, and welfare, and to protect the rights of its citizens to privacy and freedom from nuisance, it is the purpose of this section to prohibit unnecessary, excessive, and annoying noises at levels which are detrimental to the health and welfare of the community. Emitting or causing the emission of such noises is a violation of this chapter.
1. 
Definitions. Whenever the following words and phrases are used in this section, they shall have the meaning ascribed to them in this section.
a. 
A-Weighted Sound Level. The sound level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
b. 
Ambient Noise Level. The composite noise from all sources near and far. In this context, the ambient noise level constitutes a normal or existing level of environmental noise at a given location and time.
c. 
Average Sound Level. A sound level typical of the sound levels at a certain place during a given period of time, averaged by the general rule of combination for sound levels, said general rule being set forth in the American National Standard Specifications for sound level meters (see ANSI S1.4-1983 or the latest revision thereof). Average sound level is also called equivalent continuous sound level (Leq).
d. 
Construction Equipment. Any tools, machinery, or equipment used in conjunction with construction operations, including all types of "special construction" equipment as defined in the pertinent sections of the California Vehicle Code when used in the construction process on any construction site, regardless of whether such construction site be located on-highway or off-highway.
e. 
Decibel (dB). A unit of measure of sound (noise) level.
f. 
Disturbing, Excessive, or Offensive Noise.
i. 
Any sound or noise which constitutes a nuisance involving discomfort or annoyance to persons of normal sensitivity residing in the area.
ii. 
Any sound or noise conflicting with the criteria or levels set forth in this section.
g. 
Emergency Work. Work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from imminent exposure to danger of damage, or work by public or private utilities when restoring utility service.
h. 
Motor Vehicles. Any and all self-propelled vehicles as defined in the California Vehicle Code, specifically including, but not limited to, "mini-bikes" and "go-carts."
i. 
Noise Level. The same as "sound level." The terms may be used interchangeably herein.
j. 
Person. A person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private.
k. 
Sound Level. In decibels, the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network as specified in American National Standards Institute specifications for sound level meters (see ANSI S1.4-1983, or the latest version thereof). If the frequency weighting employed is not indicated, the A-weighting is implied.
l. 
Sound Level Meter. An instrument, including a microphone, an amplifier, a readout, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for Type S2A meters in the American National Standards Institute specifications for sound level meters (see ANSI S1.4-1983 or the latest revision thereof).
m. 
Supplementary Definitions of Technical Terms. Definitions of technical terms not defined herein shall be obtained from American National Standard Acoustical Terminology (see ANSI S1.1-1960; R-1976).
2. 
Sound Level Measurement.
a. 
Any sound or noise level measurement made pursuant to the provisions of this section shall be measured with a sound level meter using the A-weighting and meter response pursuant to applicable manufacturer's instructions.
b. 
The sound level meter shall be appropriately calibrated and adjusted as necessary by means of an acoustical calibrator or the coupler-type to assure meter accuracy within the tolerances set forth by the American National Standards Institute (see ANSI S1.4-1983 or the latest revision thereof).
c. 
For outdoor measurements, the microphone shall be not less than four feet above the ground, at least four feet distant from walls or other large reflecting surfaces and shall be protected from the effects of wind noises by the use of appropriate wind screens and the location selected shall be at any point on the affected property. In cases where the microphone must be located within ten feet of walls or similar large reflecting surfaces, the actual measured distances and orientation of the sources, microphone and reflecting surfaces shall be noted and recorded. In no case shall a noise measurement be taken within five feet of the noise source.
d. 
For indoor measurements, the microphone shall be at least three feet distant from any wall, ceiling or partition, and the average measurement of at least three microphone positions throughout the room shall be determined.
3. 
Sound Level Limits.
a. 
Unless otherwise specified, it is unlawful for any person(s) to cause noise by any means to the extent that the one-hour average sound level exceeds the applicable limit given in the following table at any location in the city of Buellton beyond the property line of the premises on which the noise is produced, as measured pursuant to the provisions of this section. The noise subject to these limits is that part of the total noise at the specified location that is due solely to the action of said person(s).
Table of Applicable Limits
Property Receiving Noise
Time of Day
1-Hour Average Sound Level (dB)
Zones – RS, RM, MHP, PRD, OS, REC, PQP
7:00 a.m. to 10:00 p.m.
65
10:00 p.m. to 7:00 a.m.
45
Zones – CR, CS, M
7:00 a.m. to 10:00 p.m.
75
10:00 p.m. to 7:00 a.m.
45
b. 
The noise limits in subsection (G)(3)(a) shall be adjusted as follows to account for the effects of time and duration on the impact of noise levels:
i. 
Noise that is produced for no more than a cumulative period of 15 minutes in any hour may exceed the noise limit by three decibels.
ii. 
Noise that is produced for no more than a cumulative period of ten minutes in any hour may exceed the noise limit by four decibels.
iii. 
Noise that is produced for no more than a cumulative period of five minutes in any hour may exceed the noise limit by five decibels.
c. 
For purposes of this section, the peak decibel reading for a noise with fluctuating noise level (such as live or recorded music) shall be considered as the noise level for the entire cumulative period of noise. Likewise, the time between repetitive intermittent noises (such as banging, pounding, or hammering) shall be included in the cumulative of the noise.
d. 
If the measured ambient level exceeds the applicable limit noted above, the allowable one-hour average sound level shall be the ambient noise level.
e. 
Fixed-location public utility distribution or transmission facilities located on or adjacent to a property line shall be subject to the noise level limits of this section, measured at or beyond six feet from the boundary of the easement upon which the equipment is located.
4. 
Construction Noise. Any person who operates powered construction or landscape equipment and/or who erects, constructs, demolishes, excavates for, alters, or repairs any building or structure within the city of Buellton in such a manner as to cause noise to be received beyond the boundaries of the property on which construction work is occurring shall comply with the following:
a. 
No construction work shall be performed on Sunday or federally designated holidays;
b. 
No construction work shall be performed on Saturday without the written approval of the city of Buellton. In no cases shall work occur before 9:00 a.m. or after 5:00 p.m.;
c. 
No construction work shall be performed before 7:00 a.m. or after 6:00 p.m. on Monday through Friday;
d. 
Construction activity shall not cause an hourly average sound level of greater than 75 decibels on property zoned or used for open space, recreation, or residential purposes;
e. 
Exception. Interior construction work that does not generate noise outside of the structure is not subjection to the noise restrictions of this subsection;
f. 
Exception. A person may perform construction work on the person's own property on a Sunday or holiday between the hours of 10:00 a.m. and 5:00 p.m.; provided such construction activity is not carried on for profit or livelihood.
5. 
Repair of Motor Vehicles. It is unlawful for any person within the city of Buellton to repair, rebuild, or test any motor vehicle in such a manner as to cause disturbing, excessive, or offensive noise as defined in this section.
6. 
Public Nuisance Noise.
a. 
It is unlawful for any person to make, continue, or cause to be made or continued, within the limits of the city of Buellton, any disturbing, excessive, or offensive noise which causes the discomfort or annoyance to any reasonable persons of normal sensitivity residing in the area.
b. 
In the absence of objective measurement by use of a sound level meter, the characteristics and conditions which shall be considered in determining whether a violation of the provisions of this subsection exists shall include any or all of the following:
i. 
The level of the noise;
ii. 
Whether the nature of the noise is usual or unusual;
iii. 
Whether the origin of the noise is natural or unnatural;
iv. 
The level of the ambient noise;
v. 
The proximity of the noise to sleeping facilities;
vi. 
The nature and zoning of the area from which the noise emanates and the area where it is received;
vii. 
The time of day or night the noise occurs;
viii. 
The duration of the noise; or
ix. 
Whether the noise is recurrent, intermittent, or constant.
c. 
Identified Excessive Noises. The following activities, among others, are declared to cause disturbing, excessive, or offensive noises in violation of this subsection, but said enumeration shall not be deemed exclusive, namely:
i. 
Radios, Televisions, Stereos, Surround Sound Systems, Amplifiers, Musical Instruments, and Similar Devices.
(A) 
The use, operation, or permitting to be played, used, or operated, any sound production or reproduction device, radio receiving set, musical instrument, drums, loud speakers, amplifiers, surround sound systems or other machine of device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, and comfort of any reasonable person of normal sensitivity in any residential or public area is prohibited. This provision shall not apply to any participant in a duly licensed parade, or any person who has been otherwise duly authorized by the city of Buellton to engage in such conduct.
(B) 
Prima Facie Violations. The operation of any such device between the hours of 10:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, or vehicle in which it is located, shall be prima facie evidence of a violation of this subsection;
ii. 
Animals.
(A) 
The keeping or maintenance, or the permitting to be kept or maintained upon any premises owned, occupied, or controlled by any person of any animal or animals which by frequent or long continued noise, shall cause annoyance or discomfort to reasonable persons of normal sensitivity in the vicinity.
(B) 
The written affirmation by two persons having separate residences that the violation of this subsection disturbs the peace and quiet of said persons shall be prima facie evidence of a violation of this subsection.
7. 
Exemptions.
a. 
Emergency Work. The provisions of this section shall not apply to any emergency work as defined herein.
b. 
Government Preempted Activities. The provisions of this section shall not apply to any activity to the extent regulation thereof has been preempted by federal, state, or local law.
c. 
Motor Vehicles. Sound produced by motor vehicles as regulated by sound-limiting provisions of the California Vehicle Code when such vehicle is located or operated on any public street, right-of-way, or highway.
d. 
Aircraft. Aircraft operated in conformity with federal law.
e. 
Utilities. Activities necessary to continue to provide utility service to the general public, whether this service is installing additional facilities, restoring worn or damaged facilities, and/or maintaining existing service.
f. 
Household Activities. The reasonable operation of normal household gardening or hobby shop equipment or home maintenance/repair work during the hours of 7:00 a.m. until 10:00 p.m., Monday through Friday, and 8:00 a.m. until 9:00 p.m. on Saturday, Sunday, and Holidays.
(Ord. 06-04 § 2, 2006; Ord. 06-11 § 3, 2006; Ord. 08-02 § 3, 2008; Ord. 12-03 § 3, 2012; Ord. 17-02 § 2, 2017; Ord. 18-01 § 2, 2018)
A. 
Whenever the city manager reasonably believes that a public nuisance exists, the city manager may commence nuisance abatement proceedings under this chapter.
B. 
To initiate nuisance abatement proceedings, the city manager must first cause a written notice of violation to be issued. The notice of violation serves as a written warning to cease and abate the violation.
C. 
The notice of violation at a minimum must contain the following information:
1. 
Name of the responsible person for the violation;
2. 
Date, approximate time, and address or definite description of the property location where the violation was observed;
3. 
The code sections or conditions violated and a description of the violation;
4. 
A description of the actions necessary to correct the violation;
5. 
An order to the responsible person to correct the violation within a prescribed and reasonable time period;
6. 
A statement of the consequences of the failure to correct the violation in terms of the city's ability to charge the costs of abatement as a lien against the property and to foreclose on such lien.
D. 
The city manager is authorized to grant reasonable extensions on the time period for removal or correction of any condition specified in the notice of violation on a proper showing by the responsible person of extenuating circumstances, made before the date for compliance specified in the notice of violation.
(Ord. 06-04 § 2, 2006)
A. 
Except as otherwise provided in this chapter, whenever notice is required to be given under this chapter, it must be given in one of the following ways:
1. 
Personal service;
2. 
Certified mail, postage prepaid, return receipt requested. Concurrently, the same notice may be sent by regular mail. If a notice that is sent by certified mail is returned unsigned, then service will be deemed effective by regular mail, provided that return receipt and notice is not returned. Service by mail will be effective on the date of mailing;
3. 
Posting the notice conspicuously on or in front of the affected property or any other real property within the city in which the city has knowledge that the property owner or other responsible person has a legal interest.
B. 
The failure of any interested person to receive any notice served in accordance with this section will not affect the validity of any proceedings taken under this chapter.
(Ord. 06-04 § 2, 2006)
The responsible person of any building, structure or property alleged to be a public nuisance as set forth in a notice of violation, may abate the nuisance at any time within the abatement period by rehabilitation, repair, removal or demolition. The city manager shall be advised of the abatement and shall cause the premises to be inspected to ensure that the nuisance has in fact been abated.
(Ord. 06-04 § 2, 2006)
A. 
Upon the failure of a property owner or other responsible person to remove or correct the conditions described in the notice of violation by the date specified and the city's election to pursue abatement administratively, the city manager may cause a notice of public nuisance abatement hearing to be issued and a hearing scheduled to determine whether such building, structure, or property is being maintained in such a manner so as to constitute a public nuisance.
B. 
The notice of a nuisance abatement hearing must be issued: (1) by sending the notice by certified mail to the owner of the affected property at the address shown on the latest equalized tax assessment roll and to any other responsible persons holding permits or entitlements to the applicable property, building or structure at least ten days prior to the hearing; and (2) by conspicuously posting on the affected property, building, or structure a copy of the notice as provided in subsection C of this section. The notice may also be served on the holder of any legal interest of record in the building, structure or property.
C. 
The notice of a public nuisance abatement hearing shall be provided in substantially the following format:
NOTICE OF PUBLIC NUISANCE ABATEMENT HEARING
(Name and address of owner of the property and any other Responsible Person)
As owner of the property located at (address) based on the most recent Santa Barbara County equalized assessment roll or as a person responsible for the day-to-day management and maintenance of this property, you are hereby notified that the undersigned has determined that the following conditions exist on the property, the existence of which may constitute a public nuisance under the Buellton Municipal Code:
A hearing will be held at        (place)        Buellton, on (time) before a City Hearing Officer to determine whether the conditions that exist on the property constitute a public nuisance.
A hearing may be avoided if the following corrections are made and verified at least 7 days before the date set for the hearing:
Thereafter you must maintain the property free of any of the unlawful conditions described above. It is your responsibility to obtain all appropriate permits and to dispose of any material or materials involved in the public nuisance in a legal manner.
If corrective action is not taken prior to the hearing and the Hearing Officer determines that the conditions on the property constitute a public nuisance and such nuisance remains unabated by the date set forth in the Hearing Officer's order, the following abatement action(s) may be taken by the City:
IF ABATEMENT ACTION IS TAKEN BY THE CITY, ALL COSTS OF THE ABATEMENT, INCLUDING THE TIME OF CITY OFFICERS, EMPLOYEES, HEARING OFFICERS, AGENTS, CONTRACTORS AND ATTORNEYS WILL BE ASSESSED AGAINST THE PROPERTY AND WILL ATTACH AS A LIEN UNTIL PAID.
All persons having an interest in this matter may attend the hearing and give testimony and evidence, which will be given due consideration by the Hearing Officer. Call __________ for questions regarding this notice.
Dated:_______________
City of Buellton_______________Department
By:_______________
D. 
If the property owner or other responsible person abates the nuisance prior to the time of the hearing, such person must immediately notify the city and schedule an inspection by a code enforcement officer so that the city can confirm that the nuisance has been abated and that the abatement hearing may be cancelled.
(Ord. 06-04 § 2, 2006)
The hearing to determine whether a public nuisance exists shall be conducted as follows:
A. 
The hearing officer is authorized to take testimony and in the course of so doing, is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a).
B. 
At the hearing, the hearing officer shall consider any relevant evidence, including, but not limited to, applicable staff reports. The hearing officer shall give any interested person the reasonable opportunity to be heard.
C. 
The hearing officer, or designee, may inspect the premises involved in the hearing prior to, during or after the hearing, provided that:
1. 
Notice of such inspection shall be given to the parties before the inspection is made;
2. 
The parties are given an opportunity to be present during the inspection;
3. 
The hearing officer shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and each conclusion drawn from such facts.
D. 
Each party shall have the right to rebut or explain the matters referenced by the hearing officer either during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.
E. 
Based upon the evidence presented to or discovered by the hearing officer, the officer shall determine whether a public nuisance within the meaning of this chapter exists.
(Ord. 06-04 § 2, 2006)
A. 
The hearing officer shall issue a written decision within ten business days of the conclusion of the hearing and cause a copy of the decision to be mailed by certified mail to the property owner, and by regular first-class mail to all other persons who received notice of the original hearing, and to any other person who has requested in writing notice of the decision.
B. 
If the hearing officer determines that a public nuisance exists, then the hearing officer shall issue an order requiring the abatement of the nuisance in a reasonable time and manner. In addition, the hearing officer shall, as part of the abatement order, direct the property owner to pay the city's costs of the nuisance proceedings. Such costs will include any and all noticing costs, the time of city officers, employees, agents, contractors, the hearing officer's costs, and the reasonable attorney fees incurred by the city (if notice that the city would seek attorneys fees was provided at the commencement of the proceedings in accordance with Government Code Section 38773.5). Any costs awarded will be deemed a debt owed to the city and must be paid within 30 days of invoice from the city. Any debt remaining unpaid will, at the city's option, be:
1. 
Collected through the use of civil process, including utilization of a collection agency; or
2. 
Placement of such debt as a lien upon the property to be collected in accordance with Section 8.04.120 of this chapter.
C. 
The decision of the hearing officer will be final and may be judicially reviewed under Code of Civil Procedure Section 1094.5.
(Ord. 06-04 § 2, 2006)
A. 
If the nuisance is not completely abated by the date specified in the hearing officer's order, the city manager may cause the nuisance to be abated by city personnel or under private contract.
B. 
The city manager is authorized to grant reasonable extensions on the time period for abatement based on a proper showing by the property owner or other responsible person of extenuating circumstances, made before the date of the ordered abatement.
C. 
The city attorney is authorized to take whatever action is necessary to gain entry upon the property where the public nuisance exists for purposes of abating the nuisance.
(Ord. 06-04 § 2, 2006)
A. 
City personnel, and any private contractor authorized to abate a nuisance, shall keep an account of the costs incurred in the abatement proceeding including all abatement work performed on each separate parcel of land where work is done and shall render an itemized report in writing to the city manager. Such costs of abatement include all direct costs and expenses related to such things as personnel salaries and benefits, operation overhead, the actual expenses and costs of the city in preparation and service of notices, specifications, and contracts, fees for experts or consultants, inspection of work, legal costs or expenses including reasonable attorney fees, and procedures associated with collecting moneys owed.
B. 
The city manager will give notice by certified mail of the costs of abatement to the property owner at the address appearing on the latest equalized assessment roll and to any responsible person at the affected property. This cost notice will include a statement that the property owner and any responsible person has a right to a hearing before the city manager regarding the costs of abatement of the property if such hearing is requested in writing within ten days of the date of the notice.
C. 
If a hearing is requested, the city manager will set a date for the hearing and cause notice of the hearing to be sent by certified mail to the property owner and to any responsible person at least ten days before the date of the scheduled hearing. The city manager will either confirm or modify the costs of abatement at such hearing. The city manager shall give notice of the decision on the assessment of the costs of abatement by certified mail to the property owner and to any responsible person. The costs of abatement will be a personal obligation of the property owner and any responsible person and may be charged as a lien against the property involved. The decision of the city manager will be final.
(Ord. 06-04 § 2, 2006)
If the total cost of abatement of the nuisance, as confirmed by the city manager, remains unpaid within 30 days of the notice provided under Section 8.04.110, the city manager may cause the abatement costs to be collected by any of the following or any other lawful means:
A. 
Recordation of a Lien That Will Become a Judgment Lien.
1. 
Prior to recordation, a notice of nuisance abatement lien must be served on the owner of record in the same manner as a summons in a civil action in accordance with Code of Civil Procedure Section 415.10. If the owner of record after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publishing the notice in a newspaper of general circulation in the city.
2. 
The nuisance abatement lien must specify: (a) the amount of the lien; (b) that the lien is imposed on behalf of the city; (c) the date of the city's abatement order; (d) street address, legal description and assessor parcel number of the parcel on which the lien is imposed; and (e) the name and address of the recorded owner of the property.
3. 
The lien will be recorded in the county recorder's office and from the date of recording will have the force, effect and priority of a judgment lien and may be foreclosed by an action brought by the city for a money judgment.
4. 
The city may recover from the property owner any costs incurred regarding the processing and recording of the nuisance abatement lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.
5. 
In the event the lien is satisfied, the city will cause a notice of release of the lien to be recorded in the county recorder's office.
6. 
The notice of lien for recordation may be in a form substantially as follows:
NOTICE OF LIEN
Claim of the City of Buellton
Pursuant to the authority vested by Title 1, Chapter 8.04 of the Buellton Municipal Code and California Government Code section 38773.1, the City of Buellton on the _____ day of __________, 20_____, did cause the property hereinafter described to be declared a public nuisance and ordered it abated. The City Council of the City of Buellton, did on the _____ day of __________, 20_____, assess the cost of such abatement upon the property, but that assessment has not been paid. The City of Buellton does hereby claim a lien for such abatement in the amount of the assessment, $__________, and this amount shall be a lien upon the real property until paid in full and discharged of record.
The real property upon which a lien is claimed, is that certain parcel of land lying and being entirely with the City of Buellton, County of Santa Barbara, State of California, particularly described as follows:
Street Address:
Legal Description: (see Attachment 1 attached hereto and incorporated by this reference.)
Assessors Parcel Number(s):
Name and address of the owner of record of the Property:
Dated:_________________________
___________________________________
City Clerk, City of Buellton
B. 
Recordation of a Lien That Will Become a Special Assessment.
1. 
Prior to recordation, a notice of nuisance abatement lien must be sent by certified mail to the property owner at the address appearing on the latest equalized assessment roll.
2. 
In addition to the matters set forth in subsection (A)(2) of this section, the notice of the nuisance abatement lien that will become a special assessment must specify that the lien will constitute a special assessment that will be collected at the same time and in the same manner as ordinary municipal taxes are collected and will be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. If payments are permitted to be made in annual installments, the rate of interest on the unpaid balance must be specified.
3. 
After confirmation and recordation, a copy of the notice of lien will be turned over to the finance director to add the amount of the assessment to the next regular tax bill levied against the respective parcels of land. Any costs incurred by the city in connection with recording the lien may be added to the assessment.
4. 
The city manager may determine that in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, the assessment may be paid in annual installments over a period not to exceed five years. If any installment is delinquent, the amount thereof will be subject to the same penalties and procedure for foreclosure and sale provided for ordinary municipal taxes. Any assessments so deferred will bear interest on the unpaid balance at the rate of six percent per year.
5. 
In the event the lien is satisfied, the city will cause a notice of release of the lien to be recorded in the county recorder's office.
C. 
Civil Action by the City.
(Ord. 06-04 § 2, 2006)
A. 
Emergency Abatement. Notwithstanding any other provision of this code, whenever the city manager determines that a public nuisance exists within the city and that nuisance constitutes an imminent hazard or danger to public health or safety, the city manager, without observing the provisions of this chapter with regard to abatement procedures, may cause the abatement of such nuisance in such manner as the city manager determines is reasonably required. If the city manager deems it feasible, the city manager may attempt to give the property owner or other responsible person informal notice of the nuisance and the proposed timing and method of abatement. The city manager shall promptly report any such emergency abatement action to the city council. The city manager shall cause an itemized account of the costs incurred by the city in abating the imminently dangerous condition. Such costs may be recovered by the city in the same manner that abatement costs are recovered pursuant to this chapter.
B. 
Nothing in this chapter will be deemed to prevent the city from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means or remedies available to it under this code or the provisions of any applicable ordinances, law, or in equity to correct nuisances arising from any building, structure or property in addition to or as alternatives to the proceedings set forth in this chapter.
(Ord. 06-04 § 2, 2006)
A. 
Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an enforcement officer has reasonable cause to believe that there exists in any building or structure or upon any property any unlawful condition or prohibited activity which makes such building, structure or property unsafe, dangerous or hazardous, the enforcement officer may enter such building, structure or property at all reasonable times to inspect the same or to perform any duty imposed upon the enforcement officer by this chapter. If such building, structure or property is occupied, the enforcement officer must first present proper credentials and request entry; and if such building, structure or property is unoccupied, the enforcement officer must first make a reasonable effort to locate the owner or other responsible person and request entry. If such entry is refused, the enforcement officer will have recourse to every remedy provided by law to secure entry.
B. 
It is unlawful for any person, including an owner or responsible person to refuse to allow an enforcement officer, or a contractor engaged by the city, to enter upon the property at any time during the hours of daylight for the purpose of the abatement of a public nuisance or to obstruct, impede or interfere in any manner with the enforcement officer, or a contractor engaged by the city, in any abatement work undertaken pursuant to the provisions of this chapter.
(Ord. 06-04 § 2, 2006)
A. 
Attorney Fees. Under Government Code Section 38773.5, in any action or proceeding brought to abate a public nuisance, the prevailing party will be entitled to recover attorneys' fees, provided that attorneys' fees will only be available in those actions or proceedings in which the city has provided notice at the commencement of such action or proceeding that it intends to seek and recover its own attorneys' fees.
B. 
Order for Treble Costs. Under Government Code Section 38773.7, in addition to any other costs of abatement permitted under this chapter, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that a property owner or other responsible person is responsible for a condition that may be abated in accordance with this chapter, except for conditions abated pursuant to California Health and Safety Code Section 17980, the city may seek and the court may order the property owner or other responsible person to pay treble the costs of the abatement.
(Ord. 06-04 § 2, 2006)