As used in this chapter:
means Director of the Public Works Department, or his or
her delegate.
means to cut, clear, trim, remove or carry away, as is appropriate
to the situation.
means trees, hedges, shrubs, vines or plants or any combination
of them, in or adjacent to any public street or place, which will
touch or impede any person or vehicle passing or using such public
street or place in any ordinary manner, or which interfere with the
clear view of persons or vehicle operators using, entering or leaving
such public street or place in an ordinary manner so as to make such
use, entrance or leaving more difficult or hazardous and thereby increase
the danger to persons or property.
(Prior code §39.44; Ord. 2996 §2, 1964)
The Director, from time to time, may adopt administrative regulations
designed to carry out the purposes and make more specific the provisions
of this division. Prior to the adoption of such regulations, the Director
may hold one or more hearings on the proposed regulations. The original
of all regulations adopted pursuant to this section shall be certified
as to date of adoption over the Director's signature.
(Prior code §39.45(a); Ord. 2996 §2, 1964)
Regulations adopted pursuant to this section shall be in effect
upon and after their publication in a daily newspaper of general circulation
in the City.
(Prior code §39.45(b); Ord. 2996 §2, 1964)
Regulations adopted and placed into effect pursuant to this
section shall be consecutively numbered and may be amended, replaced,
or repealed in the same manner as originally enacted.
(Prior code §39.45(c); Ord. 2996 §2, 1964)
Copies of current regulations adopted and placed into effect
pursuant to this section shall be made available to the public in
the Office of the Director.
(Prior code §39.45(d); Ord. 2996 §2, 1964)
Every obstruction is hereby declared to be a public nuisance.
(Prior code §39.46; Ord. 2996 §2, 1964)
Every owner, possessor or person in control of any lot or parcel
of real property or any portion of any lot or parcel of real property,
which lot or parcel, or portion thereof, abuts any public street or
place, shall maintain all trees, hedges, shrubs, vines and plants
upon such real property and upon the abutting public street or place
between such real property and the improved surface of such street
or place so as to prevent such trees, hedges, shrubs, vines or plants
from becoming or continuing to be obstructions.
(Prior code §39.47(a); Ord. 2996 §2, 1964)
Any owner, possessor or person in control of any lot or parcel of real property or any portion of any such lot or parcel who fails, neglects or refuses to carry out the duty prescribed by Section 8.20.070, or as such duty may be made more specific by regulations adopted pursuant to Sections 8.20.020 - 8.20.050 is guilty of a misdemeanor.
(Prior code §39.47(b); Ord. 2996 §2, 1964)
Upon the failure, neglect or refusal of any owner, possessor
or person in control of any lot or parcel of real property or any
portion of any lot or parcel of real property, to maintain any trees,
hedges, shrubs, vines or plants so as to prevent obstruction as required
in this chapter, a notice to abate obstruction, substantially in the
form provided in this chapter, may be mailed by the Director, postage
prepaid, to the owner whose name appears as the owner on the last
equalized assessment roll of the City available on the date the notice
is mailed; and, in addition, not less than one copy of such notice
shall be conspicuously posted upon the property not less than 24 hours
after such mailing. A copy of the notice shall be immediately forwarded
to the City Clerk.
(Prior code §39.48(a); Ord. 2996 §2, 1964)
The notice to abate obstruction shall be dated, shall be directed
to the owner, possessor or person in control, shall describe the lot
or parcel by street address, if any, and by the designation shown
by the official City parcelling maps, shall set forth in general terms
what must be done to abate the obstruction, shall set a date and place
not more than 15 nor less than five days from the date of the notice
at which the City Council will hear objections to the proposed abatement,
and shall state that if the work of abatement is not commenced on
or before the day following the date for hearing before the City Council
and diligently prosecuted to completion within five days thereafter,
the work shall be done by the City or under its direction, and the
cost thereof, together with administrative costs, will be made a lien
and special assessment against the property, until paid.
(Prior code §39.48(b); Ord. 2996 §2, 1964)
The "notice to abate obstruction" shall be in substantially
the following form, the heading of which shall be in letters not less
than one inch in height:
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NOTICE TO ABATE OBSTRUCTION
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(Vegetation obstructing public street or place)
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NOTICE is hereby given to the owner, possessor or person in control of the real property within the City of Santa Barbara located at (Street address, if any) and described in the official City parcelling maps as Parcel No. __________, that certain of the trees, shrubs, hedges, vines or plants upon the property described above or in the public street or place abutting it constitute an obstruction, as defined and regulated by Chapter 8.20, Code of the City of Santa Barbara, which must be abated by:
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(Statement in general terms of work required)
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Unless the City Council provides otherwise, if such work is
not commenced on or before one day following the date set out below
for hearing before the City Council, and thereafter completed within
five days, such obstruction will be abated by the City or under its
direction and the costs of such abatement work, together with the
costs of administration, will be made a lien and special assessment
against the property, until paid.
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Any owner, possessor or person in control of the property having
any objection to the proposed abatement, is hereby notified to attend
a meeting of the City Council of the City of Santa Barbara, in the
Council Chambers, City Hall, Santa Barbara, California, on _______,
20_____, where, at ____.m., or as soon thereafter as the business
of the Council permits, such objections will be heard and given due
consideration.
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Dated this _____ day of _____, 20____.
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__________________________________
Director, Public Works Department
City of Santa Barbara
State of California
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(Prior code §39.49; Ord. 2996 §2, 1964)
On the date set forth in the notice to abate obstruction, the
City Council shall hear and consider objections to the proposed abatement
of obstruction and may, to enable the Council to properly and fully
consider the matter, order that the hearing be continued to a date
certain and that the date of commencement of the work by the owner,
possessor or person in control be commensurately postponed.
(Prior code §39.50(a); Ord. 2996 §2, 1964)
By motion or resolution at the conclusion of the hearing, the
City Council shall allow or overrule any objections. At such time,
if the objections have been overruled, the City Council, by motion
or resolution, shall either order the Director to have City forces
carry out the proposed abatement work or direct and authorize the
Director to cause such work to be carried out by a qualified and licensed
private firm or individual.
(Prior code §39.50(b); Ord. 2996 §2, 1964)
After the period has passed within which the owner, possessor
or person in control was to have completed the work involved in the
abatement of the obstruction, the Director shall cause the obstruction
to be abated without unnecessary delay pursuant to and in accord with
the order or directive of the City Council.
(Prior code §39.51; Ord. 2996 §2, 1964)
The person or persons authorized to abate the obstruction may
enter upon private property to carry out and complete the necessary
work involved.
(Prior code §39.52; Ord. 2996 §2, 1964)
At any time up to the arrival of the Director or other authorized
person or persons, the owner, possessor or person in control may abate
the obstruction nuisance at his or her own expense.
(Prior code §39.53; Ord. 2996 §2, 1964)
Upon completion of the work of the abatement of the obstruction
nuisance, the Director shall promptly submit a report to the City
Council, for confirmation, which shall include:
A.
A copy
of the notice to abate obstruction;
B.
The
name and address of the owner to whom the notice was mailed;
C.
The
date upon which the notice was mailed;
D.
The
date upon which the notice was posted;
E.
The
date or dates upon which the City Council held a hearing pursuant
to such notice;
F.
The
disposition of the matter by City Council at the conclusion of such
hearing;
G.
The
date or dates upon which the abatement work was carried out, and by
whom; and
H.
The
actual cost of the abatement work and the costs of administration
to date.
(Prior code §39.54(a); Ord. 2996 §2, 1964)
Upon receipt of such report, the City Clerk shall mail or cause
to be mailed a copy of such report, postage prepaid, together with
an attached notice of assessment hearing to the owner of the property.
The notice of assessment hearing shall be in substantially the following
form:
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NOTICE OF ASSESSMENT HEARING
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NOTICE is hereby given you as the owner of the real property
which is the subject of the attached report, that on ________, 20___,
in the Council Chambers of City Hall, Santa Barbara, California, at
_________.m., o'clock, or as soon thereafter as the business of the
Council permits, the City Council of the City of Santa Barbara will
receive the attached report and confirm it in its present form or
as it may be modified. Upon confirmation the report will be forwarded
to the City Treasurer and Tax Collector, whereupon the amount of abatement
and administration costs will be added to the assessment rolls as
a special assessment against the property and become a lien against
the property for such amount. Collection and enforcement will thereafter
be made in the same manner provided for ordinary municipal taxes.
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You are hereby further notified that at the time and place above
set forth, the City Council will hear and give due consideration to
any protest or objection you may have to such report and to the assessment
of your property for abatement and administration costs.
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Dated this _____ day of _____, 20__.
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_____________________________
City Clerk, City of Santa Barbara, State of California
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(Prior code §39.54(b); Ord. 2996 §2, 1964)
The notice of assessment hearing shall prescribe a hearing date
not less than five nor more than 15 days from the date the notice
is mailed. At the time and date set for receiving the report and hearing
any protests or objections, the City Council shall hear such protests
or objections, modify the report if it is deemed necessary, and confirm
it, as modified, by motion or resolution.
(Prior code §39.55; Ord. 2996 §2, 1964)
After confirmation of the report, a copy shall be forwarded
to the City Treasurer and Tax Collector who shall enter such cost
amount as may have been confirmed as a special assessment against
the property. From the time the entry is made, the amount shall constitute
a lien on such property for the amount of the assessment until paid.
Thereafter, such amount shall be added to the next regular tax bill
and be collected at the same time and in the same manner as ordinary
municipal taxes, and if delinquent, shall be subject to the same penalties
and procedure for foreclosure and sale provided for ordinary municipal
taxes.
(Prior code §39.56; Ord. 2996 §2, 1964)
The proceedings provided in this chapter for the abatement of
obstruction nuisances are an alternative to any other procedure which
now or hereafter may exist by City ordinance or by the general laws
of the State of California, including, without limitation, remedy
by way of injunctive relief upon proof of the facts giving rise to
the obstruction.
(Prior code §39.57; Ord. 2996 §2, 1964)
Whenever any other City or State law in effect and applicable
to the same matters or things made the subject of any or all of this
chapter, the more stringent prohibition, regulation or other control
shall prevail.
(Prior code §39.58; Ord. 2996 §2, 1964)
A.
The
word "gutter" as used in this section means only those gutters which
now or may hereafter exist at the sides of traveled streets in the
City or intersecting the same.
B.
The
growth or deposit of Bermuda, Sandwich Island, or Island grass, cynodon
dactylon, on or in any gutter or on or in any traveled street in the
City is hereby declared to be a public nuisance.
C.
No person
shall place, throw or deposit any such grass or the roots thereof,
in any gutter or any traveled street of the City.
(Prior code §39.4)
A.
The
growth or existence of grass, weeds, rubbish or impediments to travel
of any kind upon any sidewalk in the City, between the property line
adjacent thereto and the line of the street curb, is hereby declared
to be a public nuisance. No owner, lessee, occupant, or person in
charge of any real estate shall permit the existence on or over the
sidewalk in front of such property, of all or any of the things declared
to be a public nuisance by this section.
B.
The
Superintendent of Streets shall, in writing, notify any person guilty
of the violation of any of the provisions of this section to abate
the nuisance, specifying it, within 10 days from the service of such
notice. If such nuisance be not abated within such time, the Superintendent
shall abate such nuisance at the cost of the City, the cost and expense
thereof shall be collectable from the person so notified, by action
in the proper court on suit of the City.
(Prior code §39.16)
