A. 
Encroachments in, on, under, or interfering with the use or improvement of any public road, street, alley, storm drain, sewer or waterline easement, or other public property or right-of-way which are not removed within 30 days following demand by the City Public Works Director or City Engineer may be declared to be a public nuisance by resolution of the City Council.
B. 
Any obstruction to the use or improvement of any public road, street, alley, sewer or water easement, or other public property or right-of-way may be declared to be a public nuisance by resolution of the City Council.
C. 
A condition declared to be a public nuisance by resolution of the City Council may be abated at the joint and several expense of:
1. 
The person or persons who placed, installed, or constructed such encroachment or obstruction;
2. 
The person or persons for whose benefit such encroachment or obstruction was placed, installed or constructed; and,
3. 
The present owner(s) of the land or premises for the benefit of which the encroachment or obstruction was placed, installed or constructed.
(Ord. 4831, 1993)
The resolution adopted pursuant to Section 22.21.010 shall describe the property upon which the nuisance exists, or the property for the benefit of which such nuisance was placed, installed, or constructed by reference to the latest County Tax Assessor's records available to the public, and no other description of the property shall be required. In lieu thereof, reference may be made to the parcel or lot and block number of the property according to the official map or other records.
(Ord. 4831, 1993)
After adoption of the resolution as provided by Sections 22.21.020 and 22.21.030, the Public Works Director, or City Engineer shall cause a notice to abate the nuisance to be mailed to the person responsible for the obstruction or encroachment, if known, and conspicuously posted on the property on which the nuisance exists, and on the property which was to benefit from the obstruction or encroachment, if reasonably identified. At least three such notices shall be placed on such property, near such nuisance, at intervals not more than 100 feet in distance apart. Such notice shall include the words: "Notice to Abate Nuisance" in letters not less than one inch in height, and shall be substantially in the following form:
NOTICE TO ABATE NUISANCE
NOTICE IS HEREBY GIVEN, that on _________, 20_________, the Santa Barbara City Council adopted a resolution declaring that an obstruction or encroachment located within or extended into public property by _________, or installed for the benefit of property more particularly described in such resolution, constitutes a public nuisance which must be abated by removal, otherwise the obstruction or encroachment will be removed and the nuisance will be abated by order of the City in which case the cost of such removal, together with incidental expenses, shall be charged to such person or agency responsible and assessed upon the lots and lands for the benefit of which such installation was made, and such costs and incidental expenses will constitute a lien upon such lots or lands until paid. Reference is hereby made to such resolution for further particulars.
All persons and all property owners having any objections to the proposed abatement are hereby notified to attend a meeting of the Santa Barbara City Council to be held on the _________ day of _________, 20_______, at the Council Chamber of the Santa Barbara City Hall, 735 Anacapa Street, Santa Barbara, California, when their objections will be heard and given due consideration.
Dated:
(Ord. 4831, 1993)
At the time stated in the notice posted pursuant to Sections 22.21.040 and 22.21.050, the Council shall hear and consider all objections or protests, if any, to the proposed abatement found by resolution to be a nuisance, and may continue the hearing from time to time. Upon the conclusion of the hearing the Council by motion or resolution shall allow or overrule any or all objections, whereupon the Council may perform the work of removal. The decision of the Council on the matter shall be final and conclusive.
(Ord. 4831, 1993)
After final action has been taken by the Council under Section 22.21.060 on the disposition of any protests or objections, or in case no protests or objections have been received, the Council, by motion or resolution, may order the Public Works Director or City Engineer to abate the nuisance considered pursuant to this chapter by causing such nuisance to be removed and the premises restored to a lawful condition, suitable for public use and such officer, and the deputies, agents and employees of such officer are hereby expressly authorized to enter upon private property for that purpose. Any property owner, or other person responsible, shall have the right to have such nuisance abated at his or her own expense; providing abatement is accomplished prior to the arrival of the City officer or representatives prepared to do the same.
(Ord. 4831, 1993)
The City officer or deputy charged with such abatement shall keep an account of the costs, including the costs of printing and posting notices, of abating the nuisance as provided in this chapter. The City officer or deputy charged with such abatement shall render an itemized written report to the Council, identifying the parties known to be responsible, and showing the costs, apportioned to each separate lot or parcel of land as provided in this chapter. At least five days before such report is submitted to the Council for confirmation, a copy of the report, together with a notice of the time when such report shall be submitted to the Council for confirmation, shall be mailed to the address of the parties responsible, if their address is known, and posted with City Council meeting notices on the premises of City Hall.
(Ord. 4831, 1993)
A. 
At the time fixed for receiving and considering the report required by Section 22.21.080, the City Council shall hear the same, together with any objections which may be raised by any of the persons liable to be assessed for the work of abating the nuisance and thereupon make such modifications in the report as they deem necessary, after which, by motion or resolution, the report shall be confirmed. The amount of the cost for abating such nuisance shall be referred to the City Finance Director for collection and may be assessed against the various parcels of land referred to in the report and, as confirmed, shall constitute a lien on such property for the amount of such assessments, respectively.
B. 
After confirmation of such report, a copy thereof shall, as determined by the Finance Director, be delivered to the County Assessor and to the County Tax Collector, whereupon it shall be the duty of such officers to add the amounts of the respective assessments to the next regular bills for taxes levied against the respective lots and parcels of land identified and thereafter such amounts shall 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 the same procedure for foreclosure and sale in case of delinquency as is provided for ordinary property taxes.
(Ord. 4831, 1993)
Nothing in this chapter is intended to limit the ability of the City to respond as needed to remove a nuisance or other obstruction where required to maintain the public health, peace or safety, under provisions of Chapter 10.56 of this code, or as otherwise required in proper exercise of a police power. At the discretion of the Public Works Director or City Engineer any such obstruction, encroachment or other nuisance which has been placed, fallen, or is so positioned as to directly interfere which public use, obscure visibility, impede traffic, produce imminent hazard, or which is placed in violation of any law, shall be removed without the order, delay, notice, or accounting provided in this chapter. The Public Works Director is authorized to seek recovery for the costs of such removal from the party or parties responsible.
(Ord. 4831, 1993; Ord. 4861, 1994)