Buried tanks, surface tanks, cisterns, wells, transmission lines
and other conduits located within or extending into a park, beach,
road, street, alley, harbor or airport property, or other public property
or right-of-way which are not removed within 30 days following demand
by the Public Works Director or City Engineer may be declared to be
a public nuisance by resolution of the City Council and thereafter
abated at the joint and several expense of:
A. The
party, person or persons responsible for the installation;
B. The
party, person or persons for whose benefit the installation was made;
and
C. The
present owner(s) of the land or premises for the benefit of which
the installation was made.
(Ord. 4830, 1993)
The resolution adopted pursuant to Section
22.42.010 shall describe the property upon which the nuisance exists, or the property for the benefit of which such nuisance was installed, 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. 4830, 1993)
Any number of parcels of property may be included in one and
the same resolution declaring the nuisance.
(Ord. 4830, 1993)
After adoption of the resolution as provided by Sections
22.42.020 and
22.42.030, the Public Works Director, or City Engineer shall cause a notice to abate the nuisance to be mailed to the person responsible for the installation, if known, and conspicuously posted on the property on which the nuisance exists, and on the property which was to benefit from the facility installed, 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
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NOTICE IS HEREBY GIVEN, that on the _________ day of __________,
20_____, the Santa Barbara City Council adopted a resolution declaring
that one or more tanks, wells, cisterns, transmission lines or other
conduits 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 they 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.
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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.
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Dated:
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(Ord. 4830, 1993)
The notice provided in Section
22.42.040 shall be posted at least 10 days prior to the time stated therein for hearing objections by the City Council.
(Ord. 4830, 1993)
At the time stated in the notice posted pursuant to Sections
22.42.040 and
22.42.050, 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. 4830, 1993)
After final action has been taken by the Council under Section
22.42.060 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. 4830, 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. 4830, 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, or
where otherwise required in proper exercise of a police power.
(Ord. 4830, 1993)