A. 
It is a public nuisance for a person owning, leasing, occupying, managing, or having the charge of any premises to maintain such premises in a manner resulting in the following conditions:
1. 
Buildings which are abandoned, boarded up, partially destroyed, or remain in a state of partial construction.
2. 
A building or structure containing dry rot infested with termites or other similar insects, or is in a dilapidated condition.
3. 
Broken windows, doors, or other openings, hazardous structural conditions or conditions inviting trespassers and malicious mischief.
4. 
Vegetation, including dry grass, dead shrubs, dead trees, and overgrown grass or weeds (e.g., average height greater than one foot above the ground), which by reason of size, manner of growth, and location would create any one or more of the following:
a. 
A condition likely to constitute a fire hazard to any building, improvement, or other property, or when dry will in reasonable probability constitute a fire hazard;
b. 
A condition likely in the opinion of the City Manager, to likely to harbor rats, vermin, or other similar creatures constituting a health hazard;
c. 
A condition which causes appreciable harm or material detriment to the aesthetic and/or property value of surrounding property; or
d. 
A danger to public safety and welfare.
5. 
Attractive nuisances dangerous to children, including abandoned or broken equipment, unprotected and/or hazardous pools, ponds and excavations, and neglected machinery.
6. 
Banners which are torn, tattered, faded, and/or dirty.
7. 
Abandoned signs.
8. 
Trash receptacles stored in front or side setbacks that are visible from a public street, except when placed for the purposes of collection in compliance with LMC Title 8, Section 8.04.170 (Containers—Requirements).
9. 
Waste on the premises which, by reason of its location, is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community or which would materially hamper or interfere with the suppression of fire upon the premises or adjacent premises and which is visible from a public property or from neighboring property for a period of time in excess of 10 days.
10. 
Abandoned, wrecked, dismantled, or inoperative trailers, campers, boats, and other motor vehicles or parts, which are accumulated or stored as follows:
a. 
Trailers, campers, boats, or other motor vehicles, (other than automobiles and motorcycles), or parts, which are accumulated or stored on a surface that is not entirely paved, unless screened in compliance with Section 17.312.040 (Screening).
b. 
Abandoned, wrecked, dismantled, or inoperative automobiles, trailers, campers, camper shells, boats, and other motor vehicles, or parts, which are accumulated or stored unless screened in compliance with Sections 17.312.040 (Screening) and 17.308.030G.
c. 
An automobile, trailer, camper, or other motor vehicle is determined to be inoperative if:
i. 
The vehicle is elevated on blocks, jacks, or other means;
ii. 
There is an accumulation of weed growth under the vehicle; or
iii. 
There is an accumulation of trash or debris under the vehicle.
d. 
The licensing status of a motor vehicle, trailer, boat, or camper does not determine whether it is abandoned, wrecked, dismantled, or inoperative but the absence of a license is evidence that it is abandoned, wrecked, dismantled or inoperative.
11. 
The accumulation of dirt, waste, or debris, in vestibules, doorways, or adjoining sidewalks or walkways.
12. 
Graffiti that has not been removed in accordance with LMC Chapter 9.16.
13. 
Land, the topography, geology, or configuration of which, whether in a natural state or as a result of grading operations, excavation or fill, causes erosion, subsistence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety, or welfare or to adjacent properties.
14. 
A violation of any provision of the LMC Code as indicated in LMC Section 1.24.060 (Code Violation as a Nuisance).
(Ord. 1670(19) § 11; Ord. 1743(26), 3/3/2026)
A. 
The City Manager or designee shall have authority to summarily abate a nuisance that imminently endangers public health or safety. Any such abatement activity is exempt from the notice requirements of this Chapter.
B. 
A person responsible for the nuisance condition shall pay the cost of abatement incurred by the City. In the event the nuisance condition is located on private property, then that property shall be subject to an assessment and placement of a lien in compliance with Section 17.628.090.C (Assessment of Costs as a Property Lien).
C. 
Any personal property, other than motor vehicles, causing, constituting, or containing a nuisance that imminently endangers public health or safety may be immediately seized and removed by a representative of the City without prior notice to the owner of the personal property. Any costs incurred in salvage, disposal, or storage may be assessed against any responsible person.
1. 
Written notice of the seizure and removal of personal property shall be provided using one of the following methods:
a. 
By personal service or by regular mail addressed to the person believed to be the owner or otherwise lawfully entitled to possession of the personal property, if known;
b. 
By personal service or by regular mail addressed to the owner, occupant or person in charge of the real property adjacent to the location of the personal property at the time of seizure; or
c. 
By posting in a visible place on the lot or abutting public right-of-way.
2. 
The written notice of the seizure and removal of personal property shall contain a statement of the right of the owner to request a hearing within 10 days after personal service, mailing or posting of the notice. The hearing shall be limited to determination of the property of the seizure and shall be conducted by the City Manager or designee, but not the same person who authorized the summary abatement.
3. 
Any personal property removed shall be stored in a safe place by the City for at least 30 days after the removal. If the owner has not claimed and removed the property from that storage area with that time, then the City may dispose of it as appropriate.
(Ord. 1670(19) § 11)
A. 
All or any part of premises found to constitute a public nuisance shall be abated by rehabilitation, demolition, removal or repair, in compliance with the procedures of this Chapter.
B. 
The procedures of this Chapter shall not limit or restrict the City from enforcing the LMC or abating public nuisances in any other manner required by law.
(Ord. 1670(19) § 11)
If the Director determines that any premises is maintained in a way listed in Section 17.628.010, which has not already been abated through prior notification and abatement efforts, the Director may issue a Notice and Order in accordance with this Section to all known responsible parties. The notice and order shall be served on the property owner and all other known responsible parties by mailing a copy by certified mail, postage prepaid, return receipt requested, to the last known address of each such party, or by service in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the California Code of Civil Procedure. If the owners of record of the property, as shown on the last equalized assessment roll or the supplemental roll, whichever is more current, cannot be found after diligent search, the Notice and Order shall also be served by posting a copy on the property in a conspicuous place for a period of 10 days, and publication in a newspaper of general circulation published in Santa Barbara County pursuant to Section 6062 of the California Government Code. The notice and order shall contain:
A. 
The street address, assessor's parcel number, and a legal description sufficient for identification of the premises;
B. 
A brief description of the nature of the existing condition on the property and the condition that constitutes the nuisance which is to be abated;
C. 
A statement advising the owner and/or responsible party that if the nuisance is not completely abated within 15 days or such longer period as deemed appropriate and specified in the Notice, the City may initiate abatement procedures and abate the nuisance by City personnel or private contractors, with responsible parties being liable for all costs incurred to initiate abatement procedures and to abate the nuisance, including, but not limited to, all costs of inspection, investigation, assessment, repair, mitigation, remediation, removal, rehabilitation, security, storage, traffic control, law enforcement protection and other consequential direct and indirect costs relating to such abatement, including all administrative and legal fees and costs. These costs and fees shall be recoverable by the City notwithstanding any subsequent corrective action or abatement of the nuisance by any responsible party taken after the City has initiated abatement procedures, commencing with the service of this Notice and Order; and
D. 
A statement advising the owner and any responsible party that the party may appeal the determinations set forth in this Notice and Order to the Council by serving a written request for such an appeal on the City Clerk within 15 days from the date of service of the Notice and Order. Failure of the owner or any responsible party to file an appeal with the Council within the 15-day time period shall constitute a waiver of the party's rights to contest the determinations set forth in the Notice and Order.
(Ord. 1670(19) § 11)
A. 
If an appeal of any portion of a Notice and Order is timely filed with the City Clerk, the City Clerk shall set the matter for a public hearing before the Council within 45 days from receipt of the request for appeal. The public hearing shall be held in compliance with Chapter 17.608 (Public Hearings and Noticing), except that noticing for such hearing shall be conducted as described in this Section.
B. 
Notice of Hearing. The public hearing notice shall be titled, "Notice of Hearing to Determine Existence of Public Nuisance and to Abate in Whole or in Part" in letters not less than one inch in height and shall be substantially consistent with the following form:
NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR IN PART
Notice is hereby given that on the _______ day of _______20_____, the City Council of the City of Lompoc adopted a resolution declaring its intent to ascertain whether certain premises situated in the City of Lompoc, State of California, known and designated as ______________, in said City, and more particularly described as Lot No.____________, Tract No.____________ constitute a public nuisance subject to abatement by the rehabilitation of such premises or by the repair, removal, or demolition of buildings or structures situated thereon. If said premises, in whole or part, are found to constitute a public nuisance as defined by Section 17.628.010 of the Lompoc Municipal Code and if the same are not promptly abated by the owner, such nuisances may be abated by municipal authorities, and the rehabilitation repair, removal, or demolition costs including administrative costs, which may include attorneys' fees, will be assessed upon such premises and such cost will constitute a lien upon such land until paid. Failure to pay an assessment may result in the sale of the property after three years by the tax collector for unpaid delinquent assessments. (Reference is hereby made to Resolution No.________, on file with the City Clerk for additional information).
Said alleged violations consist of the following: ________________
Said methods of abatement available are: _____________________
All persons having any objection to, or interest in, said matters are hereby notified to attend a meeting of the City Council to be held on ______the day of, ______20______, at the hour of ____, ____.M., in the Council Chambers at City Hall, 100 Civic Center Plaza, Lompoc, when their testimony and evidence will be heard and given due consideration.
DATED: This________ day of ________, 20___.
_____________________
City Clerk
C. 
Posting on Premises and Publication. The Notice of Hearing to Determine Existence of Public Nuisance and to Abate in Whole or in Part shall be posted in a conspicuous place near the front entrance of the premises a minimum of 15 days prior to the hearing date. The Notice shall also be published in a newspaper of general circulation in Santa Barbara County pursuant to Section 6062 of the California Government Code.
D. 
Serving Notice. The Director, Chief of Police, Code Enforcement Officer, or Chief Building Official shall serve the Notice of Hearing to Determine Existence of Public Nuisance and to Abate in Whole or in Part on the property owner and all other known responsible parties by mailing a copy by certified mail, postage prepaid, return receipt requested, to the last known address of each such party, or by service in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the California Code of Civil Procedure. If the owners of record of the property cannot be found after diligent search, the City shall mail a copy of the Notice by certified mail, return receipt requested to the person(s) at the address(es) listed on the latest real property assessment rolls of the County of Santa Barbara, and such shall be deemed proper service of the notice on the date entered on the return receipt. If the mailed notice is returned marked "unclaimed" or "refused" then service shall nonetheless be considered valid upon receipt of the same by the City. The owner(s) and other responsible parties shall be served a minimum of 15 days prior to the hearing date.
(Ord. 1670(19) § 11)
A. 
After notice provided pursuant to Section 17.628.050 (Appeal of Notice and Order—Notice of Hearing to Determine Nuisance), the Council shall conduct a public hearing on the public nuisance and proposed abatement. Public hearings shall be conducted in compliance with Chapter 17.608 (Public Hearings and Noticing), except that noticing shall be conducted in compliance with Section 17.628.050 (Appeal of Notice and Order; Notice of Hearing to Determine Nuisance).
B. 
The Council shall hear and consider all relevant information, evidence, objections or protests, and shall receive testimony from owners, witnesses, City staff, and interested persons relative to the alleged public nuisance and to proposed means for rehabilitation, repair, removal, or demolition of the alleged public nuisance.
C. 
At the conclusion of the public hearing, if the Council finds that the public nuisance exists and that there is sufficient cause to rehabilitate, demolish, or repair the nuisance, the Council shall adopt a resolution setting forth its findings and declaring the public nuisance, and order the abatement within a reasonable period of time determined by Council.
D. 
A copy of the Council resolution, shall be served upon the owner(s), lessee, occupant, person in charge of the premises, and/or other responsible parties by ordinary first class mail to the address provided by such person at the time of the public hearing, if any, and otherwise, to the address where the nuisance has been determined to exist and shall contain a detailed list of needed corrections and abatement methods, and the time period for abatement designated by the City Council. If no mailing address is so available, such resolution and order shall be posted in a conspicuous place near the front entrance of the premises on which the nuisance has been determined to exist.
(Ord. 1670(19) § 11; Ord. 1679(21) § 11)
A. 
Any owner, lessee, or person having the authorization of the owner shall have the right to have any such premises rehabilitated or to have the building or structures demolished, removed, or repaired, in compliance with the Council resolution described in Section 17.628.060 (Hearing and Decision by Council) at his or her own expense, provided the needed corrections are completed prior to the expiration of the designated abatement period set forth in the Council resolution.
B. 
When the abatement has been carried out in full to the satisfaction of the Director in compliance with Subsection A, the proceedings described in this Chapter shall terminate.
(Ord. 1670(19) § 11)
If no appeal is filed of the Notice and Order served under Section 17.628.040 (Initial Procedure—Notice and Order), or if the nuisance is not completely abated as directed in the Council resolution described in Section 17.628.060 (Hearing and Decision by Council), then the Director is authorized and directed to cause the same to be abated by the City, and the Director or his or her agents (e.g., City staff or private contractors) are expressly authorized to enter upon the premises for such purpose, after obtaining a warrant for such entry and abatement from an appropriate court.
(Ord. 1670(19) § 11)
A. 
Record of Cost for Abatement.
1. 
The Director shall keep an account of the costs (including attorney's fees and incidental expenses) for abating any public nuisance on each separate lot or parcel where the work is done and shall render an itemized report in writing to the Council showing the cost of abatement and the rehabilitation, demolition, removal, or repair of the premises, buildings, or structures, including the value of any salvaged materials. Incidental expenses shall include the actual and overhead expenses and cost of the City to prepare notices, specifications and contracts, and to inspect the work, and the costs of printing and mailing required.
2. 
At least 10 days before the cost report is considered by Council, a copy of the report with a notice of the date and time of the Council meeting shall be posted at the subject premises and mailed to the owner(s) of the premises via certified mail if the owner's identity can be determined from the County Assessor's or Recorder's records.
B. 
Council Consideration of Report. The Council shall consider the cost report together with any objections or protests, and shall confirm, confirm in modified form, or reject the report.
C. 
Assessment of Costs as a Property Lien.
1. 
Special assessment. The total cost of abating such nuisance, as so confirmed by the Council, shall constitute a special assessment against the respective lot or parcel of land where the nuisance occurs, and upon recordation of a Notice of Lien, in the office of the County Recorder, shall constitute a lien on the respective lot or parcel for the amount of such assessment.
a. 
After such recordation, such lien may be foreclosed by judicial or other sale in the manner provided by law.
b. 
Such Notice of Lien shall be substantially consistent with the following form:
NOTICE OF LIEN
(Claim of City of Lompoc)
Pursuant to the authority vested by the provision of Chapter 17.628 of the Lompoc Municipal Code, the Community Development Director did, on or about the _______day of ______20______, cause the premises hereinafter described to be rehabilitated, or the building or structure on the property hereinafter described to be repaired, removed, or demolished, including administrative costs, which may include attorneys' fees, in order to abate a public nuisance on said real property; and, the City Council of the City of Lompoc did, on the_____day of ______, 20_______, assess the cost of such rehabilitations, repair, removal, or demolition upon the real property hereinafter described; and the same has not been paid nor any part thereof, and that said City of Lompoc does hereby claim a lien on such rehabilitation, repair, or demolition in the amount of said assessment, to wit: the sum of $ _________; and the same shall be a lien upon said real property until the same has been paid in full and discharged of record. Failure to pay an assessment may result in the sale of the property after three years by the tax collector for unpaid delinquent assessments. The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Lompoc, County of Santa Barbara, State of California, and particularly described as follows:
(DESCRIPTION)
DATED: THIS_______DAY OF_________, 20________.
___________________________________________
Community Development Director of the City of Lompoc, California
(ACKNOWLEDGEMENT)
2. 
Collection. The assessment may be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and procedure under foreclosure and sale in case of delinquency as provided for ordinary property taxes.
(Ord. 1670(19) § 11)
This Chapter does not prevent the Council from directing the City Attorney to commence civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings contained in this Chapter.
(Ord. 1670(19) § 11)