The City Council, having found that the existence of closed,
vacant and inoperative automobile service stations which are not properly
maintained constitutes a danger to public health, safety, comfort
and welfare in that such conditions lead to unsightliness, blight,
vandalism, trespass, and decreasing values to surrounding properties,
and that such abuses entitle this City to exercise its Police powers
to protect the health, safety, comfort and welfare of the community,
intends the following regulations to provide for the property maintenance
of closed, vacant and inoperative automobile service stations.
(Ord. 3765 §1, 1975)
"Abandoned service station"
means an automobile service station where the owner or lessee
has failed to operate such station for the retail sale of gasoline
and other petroleum products to the general public for at least 90
consecutive days and where the property has not been converted to
another nonresidential use permitted by Title 28 or Title 30 of this
code.
An automobile service station which is used only as a storage
facility for gasoline and other petroleum products is an abandoned
service station for the purposes of this chapter.
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"Automobile service station"
means any site where the buildings are designed, built and
operated for the purpose of dispensing and selling fuels for internal
combustion engines of any automotive vehicles.
(Ord. 3765 §1, 1975; Ord. 5798, 2017)
All abandoned service stations in the City of Santa Barbara
shall be maintained in compliance with the following requirements:
A. The
windows, doors and any and all openings in all buildings on the site
shall be securely covered with plywood or other comparable material
at least 3/4 inches in thickness which shall be painted to match the
color of the building;
B. Vehicular
access to the site shall be prevented by the installation of chain
barriers firmly affixed to the ground;
C. All
trees, shrubs, bushes and other landscaping on the site shall be properly
watered and otherwise maintained.
(Ord. 3765 §1, 1975)
Any abandoned service station which is not maintained in compliance with the requirements set forth in Section
22.96.030 is hereby declared to be a public nuisance.
(Ord. 3765 §1, 1975)
Upon discovery of conditions constituting a public nuisance as defined in Section
22.96.040, the Chief of Building and Zoning shall give notice to cause abatement of the public nuisance. Notification shall be personally served or sent by certified mail to all persons, firms, corporations and other entities which the records of the Recorder of the County of Santa Barbara disclose a claim or interest in the automobile service station. The notification shall be in the following form:
NOTICE OF VIOLATION
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DECLARATION OF VIOLATION OF TITLE 22, CHAPTER 22.96 OF THE SANTA
BARBARA MUNICIPAL CODE RELATING TO MAINTENANCE OF ABANDONED SERVICE
STATIONS.
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NOTICE IS HEREBY GIVEN that as of _________ day of __________, 20_____, the Chief of Building and Zoning of the City of Santa Barbara has found and determined that conditions exist on the real property described as County Assessor's Parcel No. _________, located at _________ in the City of Santa Barbara, which constitute a public nuisance and a violation of Title 22, Chapter 22.96, of the Santa Barbara Municipal Code, in that an abandoned service station is located thereon and is not being maintained pursuant to the requirements of Section 22.96.030 of Chapter 22.96 of Title 22 of the Santa Barbara Municipal Code.
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Notwithstanding any other provisions of this code, if the nuisance is not abated by properly maintaining the abandoned service station in accordance with the provisions of Section 22.96.030 within 30 days from the date of delivery of this notice, enforcement proceedings for the abatement of said public nuisance shall be commenced pursuant to the provisions of Section 22.96.080.
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DATED: _________
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____________________
Chief of Building and Zoning
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(Ord. 3765 §1, 1975)
If the public nuisance is abated by the owner or lessee of any
abandoned service station within the 30 day period allowed in the
Notice of Violation, further abatement proceedings shall be terminated.
(Ord. 3765 §1, 1975)
If the abatement of the public nuisance is commenced within the 30 day period provided in Section
22.96.050, but not completed, the Chief of Building and Zoning may grant a single extension of 15 days for good cause shown, such as delays beyond the control of the affected party or parties.
(Ord. 3765 §1, 1975)
A copy of the resolution of the City Council ordering the abatement of said nuisance shall be served upon the owners of said property in accordance with the provisions of Section
22.06.050 and shall contain a list of needed corrections and abatement methods. Any property owner shall have the right to have any such premises maintained in accordance with said resolution and at his or her own expense provided the same is done prior to the expiration of the designated abatement period. Upon such abatement in full by the owner, then proceedings hereunder shall terminate.
(Ord. 3765 §1, 1975)
If such nuisance is not completely abated by the owner as directed
within the designated abatement period, then the Chief of Building
and Zoning may cause the same to be abated by City forces or private
contract and the Chief (or his or her designated agents) is expressly
authorized to enter upon said premises for such purpose.
(Ord. 3765 §1, 1975)
The Chief of Building and Zoning shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot, or parcel of land where the work is done and shall render an itemized report in writing to the said City Council showing the cost of abatement, provided, that before said report is submitted to said City Council, a copy of the same shall be posted for at least five days upon such premises, together with a notice of the time when said report shall be heard by the City Council for confirmation; a copy of said report and notice shall be mailed to the owners of said property, in accordance with the provisions of Section
22.96.050 at least five days prior to submitting the same to the City Council. The term "incidental expenses" shall include, but not be limited to, the actual and overhead expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required hereunder.
(Ord. 3765 §1, 1975)
At the time and place fixed for receiving and considering said
report, the City Council shall hear and pass upon the report of the
Chief of Building and Zoning together with any objections or protests.
Thereupon the City Council may make such revision, correction or modification
in the report as it may deem just, after which the report, as submitted
or revised, corrected or modified, shall be confirmed. The decision
of the City Council on all protests and objections which may be made
shall be final and conclusive.
(Ord. 3765 §1, 1975)
The total cost of abating such nuisance, as so confirmed by
the City Council, shall constitute a special assessment against the
respective lot or parcel of land to which it relates, and upon recordation
in the Office of the County Recorder of a Notice of Lien, as so made
and confirmed, shall constitute a lien on said property for the amount
of such assessment.
A. After
such confirmation and recordation, a copy may be turned over to the
Tax Collector for the County, whereupon it shall be the duty of said
Tax Collector to add the amounts of the respective assessments to
the next regular tax bills levied against said respective lots and
parcels of land for municipal purposes, and thereafter said amounts
shall be collected at the same time and in the same manner as ordinary
municipal taxes are collected, and shall be subject to the same penalties
and the same procedure under foreclosure and sale in case of delinquency
as provided for ordinary municipal taxes; or
B. After
such recordation such lien may be foreclosed by judicial or other
sale in the manner and means provided by law.
C. Such
Notice of Lien for recordation shall be in form substantially as follows:
NOTICE OF LIEN
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(Claim of City of Santa Barbara)
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Pursuant to the authority vested by the provisions of Section 22.96.110 et seq. of the Santa Barbara Municipal Code, the Chief of Building and Zoning did on or about the _________ day of _________, 20_______, cause the premises hereinafter described to be maintained in compliance with Section 22.96.030, in order to abate a public nuisance on said real property; and the City Council of the City of Santa Barbara did on the _________ day of_________, 20_____, assess the cost of such maintenance upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Santa Barbara does hereby claim a lien on such maintenance 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.
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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 Santa Barbara, County of Santa Barbara, State of California,
and particularly described as follows:
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(DESCRIPTION)
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DATED: This _________ day of _________, 20_________.
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____________________
Chief of Building and Zoning of the City of Santa Barbara, California
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(Ord. 3765, 1975)
Nothing in the foregoing sections shall be deemed to prevent
the City Council from ordering the City Attorney to commence a civil
or criminal proceeding to abate a public nuisance under applicable
Civil or
Penal Code provisions as an alternative to the proceedings
set forth herein.
(Ord. 3765, 1975)
Any party aggrieved with the proceedings, decision, or action
taken by the City Council or the Chief of Building and Zoning under
this chapter in ordering the abatement of a public nuisance or other
order, must bring an action to contest such proceeding, decision,
action or order within 30 days after the date of the proceeding, decision,
action or order of the City Council or Chief of Building and Zoning.
(Ord. 3765, 1975)