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.
"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
DECLARATION OF VIOLATION OF TITLE 22, CHAPTER 22.96 OF THE SANTA BARBARA MUNICIPAL CODE RELATING TO MAINTENANCE OF ABANDONED SERVICE STATIONS.
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.
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.
DATED: _________
____________________
Chief of Building and Zoning
(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. 
In the event the owner of an abandoned service station which is not maintained in compliance with this chapter fails to abate the public nuisance within the time allowed, the City Council shall set a public hearing to consider its abatement.
B. 
The Chief of Building and Zoning shall cause notification of the hearing to be personally served or sent by certified mail to the persons, firms, corporations and other entities which the records of the Recorder of the County of Santa Barbara disclose claim an interest in the automobile service station. The notification shall be in the following form:
NOTICE OF HEARING ABATEMENT OF PUBLIC NUISANCE
NOTICE IS HEREBY GIVEN that on _________ day of _________, 20______, at the hour of _________, of said day, the City Council of the City of Santa Barbara will hold a public hearing at Council Chambers, City Hall, to ascertain whether the maintenance of an abandoned service station in the City of Santa Barbara at _________ constitutes a public nuisance as defined in Section 22.96.040 of Chapter 22.96 of the Santa Barbara Municipal Code and requires abatement as prescribed in said chapter.
The conditions which shall be the subject of the public hearing are as follows:
That if the condition of maintenance is found to constitute a public nuisance as defined in Section 22.96.040 of said Code, and the public nuisance has not been abated by the owner or owners of such service station, such public nuisance may be ordered by the City Council to be abated by such owner or owners, or may be ordered to be abated by the duly constituted authorities of this City and the cost thereof charged to such owner or owners or placed as a lien against the property;
That all persons having any objection to or interest in said matters are hereby notified to attend the meeting stated in this Notice, when their testimony and evidence will be heard and given consideration.
DATED: _________
____________________
(Title and Address of Enforcement Authority)
C. 
A copy of the Notice of Hearing shall be posted conspicuously on each of the premises and buildings affected.
D. 
A copy of said Notice of Hearing shall be served personally or by certified mail and posted at least 15 days before the time fixed for the hearing. Proof of service and posting of such notice shall be made by written declaration under penalty of perjury and be filed with the City Council.
(Ord. 3675 §1, 1975)
A. 
At the time stated in the notices, the City Council shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, City personnel and interested persons relative to such alleged public nuisance. Said hearing may be continued from time to time.
B. 
Upon the conclusion of said hearing, the City Council shall, based upon such hearing, determine whether the premises, or any part thereof, as maintained constitutes a public nuisance as defined in Section 22.96.040. If the City Council finds that such public nuisance does exist, the City Council shall adopt a resolution declaring such premises to be a public nuisance and ordering the abatement of the same within a reasonable period of time to be determined by Council, by having such premises, buildings or structures maintained in compliance with Section 22.96.030.
(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
(Claim of City of Santa Barbara)
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.
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:
(DESCRIPTION)
DATED: This _________ day of _________, 20_________.
____________________
Chief of Building and Zoning of the City of Santa Barbara, California
(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)