This Code shall be known as the “Goleta Municipal Code.” It shall be sufficient to refer to this Code as the Goleta Municipal Code in any prosecution for the violation of any provision of this Code. It shall also be sufficient to designate any ordinance adding to, amending, or repealing provisions of this Code as an addition or amendment to, or a repeal of the Goleta Municipal Code, or any portion thereof. This Code may also be referenced herein as “City Code,” “Municipal Code,” or “the Code.”
(Ord. 02-02 § 1)
The Goleta Municipal Code shall consist of all ordinances adopted by the City Council which are of a general and permanent nature. An ordinance relating to any of the following subject matters is not considered an ordinance of general and permanent nature and need not be included within the Municipal Code:
A. 
The naming of streets or roads;
B. 
Granting, altering, or withdrawing franchises;
C. 
Levying real property taxes;
D. 
Calling an election;
E. 
Annexation proceedings;
F. 
Interim zoning measures;
G. 
Zoning or rezoning a particular parcel of property; and
H. 
Such other ordinances of a special or particular subject matter which the Council considers inappropriate to a compilation of laws of a general and permanent nature.
(Ord. 02-02 § 1)
A. 
The ordinances of the City which are of a general and permanent nature shall be organized and grouped according to subject matter.
B. 
Ordinances which are adopted from time to time shall be classified and organized under the following scheme of titles:
1. 
General Provisions
2. 
Administration and Personnel
3. 
Revenue and Finance
4. 
Reserved
5. 
Business Licenses and Regulations
6. 
Animals
7. 
Reserved
8. 
Health and Safety
9. 
Public Peace and Welfare
10. 
Vehicles and Traffic
11. 
Reserved
12. 
Streets, Sidewalks and Public Places
13. 
Public Services
14. 
Reserved
15. 
Buildings and Construction
16. 
Subdivisions
17. 
Zoning.
(Ord. 02-02 § 1)
A. 
At least three copies of this Code, duly certified by the City Clerk, shall be maintained on file in the office of the City Clerk as official copies of this Code. Additional copies of this Code shall be distributed to the departments of the City as prescribed by the City Manager.
B. 
Duly certified copies of each ordinance making a change in this Code shall be filed in the office of the City Clerk in books for such purpose, duly indexed for ready reference.
C. 
At least semiannually the City Clerk shall cause the pages of this Code in which changes have been made to be replaced, including a notation as to the ordinance number and the date on which such change was adopted. Such reprinted pages shall be distributed in order that the copies of this Code, prepared for the use and convenience of the officers and employees of the City and the general public, may be brought up to date.
(Ord. 02-02 § 1)
A. 
The provisions of this Code and all proceedings under it are to be construed to effect its purposes and to promote justice.
B. 
All the provisions of this Code and all other City ordinances shall be interpreted to refer to the appropriate or designated officer or office of the City, and whether an ordinance, uniform code, statute, or other matter which is adopted by reference refers to any department, officer, employee, inspection, police, or other functions, unless the context requires otherwise, all references shall be to the appropriate or designated office, officer, department, agency, employee, or function of the City, or to the person or agency performing the function for the City.
(Ord. 02-02 § 1)
City Ordinance No. 02-01 adopted the codified ordinances of the County of Santa Barbara until and unless superseded by action of the City Council. These prior codified ordinances are superseded with the adoption of this Code and are replaced with the provisions herein unless stated otherwise in the adopting ordinance, and are effective immediately.
(Ord. 02-02 § 1)
Neither the adoption of this Code or any portion thereof, nor the repeal by this Code of any ordinance previously in effect in the City or within the territory currently comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Code, nor be construed as a waiver of any license fee or penalty due and unpaid under such ordinances on such effective date, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license fee or penalty or the penal provisions applicable to any violation of such ordinances, nor to affect the validity of any bond or cash deposit required to be posted, filed, or deposited pursuant to any ordinances, and all vested rights and obligations pertaining to such ordinances shall continue in full force and effect.
(Ord. 02-02 § 1)
If any chapter, section, sentence, clause, or portion of this Code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof.
(Ord. 02-02 § 1)
This Code shall refer only to the omission or commission of acts within the territorial limits of the City of Goleta and that territory outside of the City over which the City has jurisdiction or control by virtue of the California Constitution, or any law, or by reason of ownership or control of property.
(Ord. 02-02 § 1)
All references in this Code to places, acts, persons, or things and all else in relation to this Code shall be construed to mean that the same are applicable to this City, whether the City is mentioned in each particular section or not.
(Ord. 02-02 § 1)
Unless the provisions of this Code otherwise specifically provide, or the context of this Code indicates to the contrary, the general provisions, rules of construction, and definitions set forth in the following sections of this chapter shall govern the construction of this Code.
(Ord. 02-02 § 1)
The title, chapter, article, and section headings contained in this Code shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any title, chapter, article, or section of this Code.
(Ord. 02-02 § 1)
Whenever a power is granted to, or a duty is imposed upon, a public officer or employee, the power may be exercised or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless this Code expressly provides otherwise.
(Ord. 02-02 § 1)
“Writing” includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this Code, such notice, report, statement, or record shall be made in writing in the English language, unless this Code expressly provides otherwise.
(Ord. 02-02 § 1)
When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this Code goes into effect, the time which has already run shall be deemed a part of the time prescribed as such limitation.
(Ord. 02-02 § 1)
As used in this Code, unless a different meaning is apparent from the context or is specified elsewhere in the Code:
“Calendar year”
shall mean from January 1st through December 31st of any given year.
“City”
shall mean the City of Goleta.
“City Manager”
shall mean the appointed official of the City who occupies the position of chief administrative officer of the City.
“Council”
shall mean the City Council of the City of Goleta.
“Councilmember”
shall mean a person duly elected to the Council.
“County”
shall mean the County of Santa Barbara.
“Day”
shall mean that period between midnight and the following midnight, and shall refer to a calendar day unless otherwise indicated.
“Fiscal year”
shall mean from July 1st of any given year through June 30th of the following year.
Gender.
The masculine gender shall include the feminine and neuter genders.
“Goods”
shall mean and include wares and merchandise.
“May”
means permissive.
“Month”
shall mean a calendar month, unless otherwise specially expressed.
Number.
The singular number shall include the plural, and the plural number shall include the singular, unless the context clearly indicates otherwise.
“Oath”
shall include affirmation.
Official Time Standard.
Wherever certain hours are named in this Code, they shall mean Standard Time or Daylight Saving Time as may be in current use in the City.
“Operate”
shall mean and include carrying on, keeping, conducting, or maintaining.
“Owner”
applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part of such building or land.
“Person”
shall include any person, firm, company, corporation, partnership, association, public corporation, city (except the City of Goleta), the County of Santa Barbara, any district in the County of Santa Barbara, the State of California, or the United States of America, or any department, agency, or political subdivision of the above, unless this Code expressly provides otherwise.
“Personal property”
shall include money, goods, chattels, things in action, and evidences of debts.
“Police”
shall mean the agency which performs the appropriate law enforcement function for the City. “Police Chief,” “Chief of Police,” or “Chief of Police Services,” shall mean the head of the agency or division which at the time involved has responsibility for performing the police function for, or within, the City.
“Property”
shall include real and personal property.
“Quarterly”
where used to designate a period of time, shall mean the first three calendar months of any given year or succeeding period of three calendar months.
“Real property”
shall include land, tenements, and hereditaments.
“Sale”
shall include any sale, exchange, barter, or offer for sale.
“Shall”
means mandatory.
“State”
shall mean the State of California.
“Street”
shall include all streets, highways, avenues, boulevards, alleys, courts, places, squares, or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any State law.
“Tenant or occupant”
applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others.
Tense.
The present tense shall include the past and future tense, and the future tense shall include the present tense.
“Year”
shall mean calendar year unless otherwise indicated.
Words and phrases
not defined in this Code shall be construed according to the normal approved usage of the language, or, when appropriate, by reference to definitions contained in state or federal law.
(Ord. 02-02 § 1)
Whenever any act or omission is made unlawful by this Code, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
(Ord. 02-02 § 1)
A. 
Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in Section 1.01.160 of this chapter, or other public nuisance, as defined under State law or other ordinances or regulations, has been given notice, by or on behalf of the City Attorney or by any other City officer, employee, or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within such notice.
B. 
Costs and expenses, as referred to in subsection A of this section, may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorneys’ fees, claims against the City arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due hereunder.
C. 
The provisions of subsection A of this section shall also apply to any person who received a notice, as specified therein, abated the nuisance or violation, but subsequently allowed or was responsible for a recurrence of the nuisance or violation.
D. 
The liability of any person for the payment of the costs and expenses provided for in subsection A of this section may be waived in whole or in part by the City Attorney in any case wherein the City Attorney determines, in the City Attorney’s sole discretion, that the failure or refusal of such persons to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the City Attorney in this regard shall be final and conclusive and shall not be subject to appeal as prescribed elsewhere in this Code.
E. 
Money due to the City pursuant to this section may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings may be conducted in a manner procedurally and substantively similar to proceedings described in Sections 39574 et seq., of the California Government Code relating to weed abatement assessments.
(Ord. 02-02 § 1)
A. 
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Code. A violation of or failure to comply with any of the requirements of this Code shall constitute a misdemeanor; except that notwithstanding any other provision of this Code, any such violation may, in the discretion of the City Attorney, be charged and prosecuted as an infraction; and with the further exception that any violation of the provisions relating to possession of alcohol in public, parking, operation of bicycles, operation of motor vehicles, and use of sidewalks, public property, streets, and highways by animals, bicycles, skates, skateboards, motor vehicles, or pedestrians shall constitute an infraction.
B. 
Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than $1,000.00 or imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this Code shall be punishable by a fine of not more than $100.00 for a first conviction, a fine of not more than $200.00 for a second violation of the same section within one year, or a fine of not more than $500.00 for a third or subsequent violation of the same section within one year.
C. 
Each such person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person, and shall, upon conviction, be punishable accordingly.
D. 
In addition to criminal remedies, each and every such violation shall also constitute a public nuisance, and as such may be enforced by abatement and injunction, or by other civil action where appropriate.
E. 
In addition to all other remedies set forth in this section, each and every such violation shall be subject to the administrative citation and administrative remedies processes set forth in Chapter 1.02.
(Ord. 02-02 § 1)
Any person against whom a civil action is filed for violation of any provision of this Code shall be liable for the costs thereof, which shall include but not be limited to the costs of investigation, court costs, attorney’s fees, and costs of monitoring compliance.
(Ord. 02-02 § 1)
A. 
The City Council finds that there is a need for an alternative method of enforcing minor violations of this Code. The City Council further finds that an appropriate and alternative method of enforcement for minor violations is an Administrative Citation Program as authorized by Government Code Section 53069.4.
B. 
The purpose of issuing civil citations pursuant to this chapter is to encourage voluntary and complete compliance with the provisions of this Code in order to protect the public health, safety, and welfare of the citizens of Goleta; to provide a method of holding parties responsible when they fail or refuse to comply with the provisions of this Code, and to minimize the expense and delay where the otherwise sole remedy is to pursue responsible parties in the civil or criminal justice system.
(Ord. 12-19 § 2)
A. 
Enforcement of the Municipal Code. This chapter makes any violation of the provisions of the Goleta Municipal Code, including, but not limited to, all codes adopted by reference and as amended pursuant to Title 15 of the Goleta Municipal Code, subject to administrative fines.
B. 
Administrative Authority. This chapter establishes the procedures for the imposition, enforcement, collection, and review of civil administrative fines pursuant to California Government Code Section 53069.4 and pursuant to the City’s police powers as granted under California Constitution Article XI Section 7.
C. 
Remedies Not Exclusive. The use of the administrative enforcement remedies provided by this chapter is solely at the City’s discretion. By adopting this chapter, the City does not intend to limit its discretion to exercise any other remedy, civil or criminal, or other administrative procedures, for the abatement of such violations that the City may select in a particular case, including procedures for the imposition of civil or criminal penalties.
D. 
Strict Liability of the Owner. Because serious Code violations may impact public health, welfare, safety, and the adequacy and safety of housing, this chapter is intended to impose strict civil liability upon the owners of real property and the owners of a business (where the violation is caused by or relates to the operation of a business) for all violations of the Goleta Municipal Code which may occur in the City of Goleta regardless of the existence of specific or general intent or prior knowledge of such violations and, further, regardless of any intent (or lack thereof) to violate the Code.
(Ord. 12-19 § 2)
The following definitions shall apply to the use of these terms, words, and phrases for the purposes of this chapter. The singular shall also imply the plural:
“Code enforcement officer,” “enforcement officer,” or “officer”
means any person authorized to enforce certain provisions of this Code.
“Code violation”
means any violation of the Goleta Municipal Code or its adopted, supplemental codes.
“Continuing violation”
means either: (1) a particular violation of the Code continuing for more than 24 hours without correction or abatement; or (2) a repeated, consecutive violation of the same or similar offense without intervening days.
“Fine”
means any monetary penalty imposed to punish a violation of this Code. A fine may include the costs the City incurs while identifying the violation and issuing a notice of violation or administrative citation in addition to the monetary penalties set forth under Section 1.02.080.
“Issued”
means giving, mailing, or posting a Notice of Administrative Citation or a Notice of Violation as set forth under Section 1.02.060. “Issuance” is deemed to have occurred on the earlier of the date when a notice is personally served on a person, the date it is mailed to a person by posting in the regular United States mail, or the date it is physically posted on real property.
“Legal interest”
means any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic’s lien or other similar instrument, which is recorded with the County Recorder.
“Notice of Administration Citation,” “Administrative citation,” or “citation”
means an official written notice issued to a responsible person notifying them that they responsible for one or more violations of the Goleta Municipal Code, that abatement of the violation was not completed by the specified deadline, setting a new deadline for abatement, and assessing a civil fine or penalty.
“Notice of Violation”
means an official written notice issued to a responsible person notifying them that they are responsible for a violation of the Goleta Municipal Code and warning them that an administrative citation assessing fines will be issued unless the violation is ceased and abated by a specified deadline.
“Responsible person”
means any of the following:
1. 
An individual who causes a Code violation to occur.
2. 
An individual who maintains or allows a Code violation to continue, by his or her action or failure to act in a lawful manner.
3. 
An individual whose agent, employee, or independent contractor causes a Code violation by its action or failure to act in a lawful manner.
4. 
An individual who is an owner of real property where a Code violation occurs.
5. 
An individual who is an owner of a business or who is the on-site manager of a business and who normally works at the site when the business is open and is responsible for the activities at such premises.
For purposes of this definition “responsible person” includes a natural person or a legal entity including, but not limited to, the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity. There shall be a legally rebuttable presumption that the record owner of a parcel as listed on the County’s latest equalized property tax assessment rolls is the person responsible for a Code violation on such parcel. In addition, where applicable, a commercial lessee, sub-lessee, or operator of a business on a parcel shall be presumed responsible for Code violations relating to the operation of the business (for example, sign ordinance violations) on that parcel.
(Ord. 12-19 § 2)
A. 
Any City Department Director, or designee, acting as a code enforcement officer, upon determining that a provision of this Code which such officer is charged to enforce has been violated, has the authority to issue an administrative citation to any responsible person. Pursuant to this authority, the enforcement officer shall determine the appropriate responsible person(s) for each violation.
B. 
Any responsible person may be issued an administrative citation by a code enforcement officer. A responsible person to whom a citation is issued shall be liable for and shall pay to the City the fine or fines described in the citation when due. If a code enforcement officer determines that the same or a similar type of violation occurs within any 12-month period following an initial citation, it may be cause for issuing additional administrative citations to a responsible person without warning. Each and every day a violation of the Goleta Municipal Code exists constitutes a separate and distinct offense and will be subject to a separate fine. A single citation may charge a violation for one or more days on which a violation exists, and for violation of one or more Code sections. Continuing violations shall automatically accrue fines beginning on the date the citation is issued until the abatement of the offense is properly verified in accordance with Section 1.02.090.
C. 
The owner of any property, building or structure within the City has the responsibility for keeping such property, building, or structure free of violations related to its use or condition. The owner of such property, building or structure is also a responsible person where the violation is caused by or relates to the operation of a business or the action of tenants and shall be separately liable for violations committed by tenants or occupants relative to the use or condition of the property.
D. 
Development Review Conditions. Every person who applies for and receives a permit, license, or any type of land use approval (such as, but not limited to, a development review approval, a coastal development permit, a subdivision map approval, a conditional or special use permit, a zoning requirement modification, a variance, or other discretionary approval) shall comply with all mandatory approval conditions imposed upon the issuance of the permit, license, or other such approval. If a person violates any condition of such permit, license, or similar land use approval, that person may be issued a Notice of Administrative Citation and may be held responsible for administrative fines under the provisions of this chapter.
(Ord. 12-19 § 2)
Pursuant to the authority of California Government Code Section 38771, any continuing violation of the Goleta Municipal Code constitutes a public nuisance. Therefore, any responsible person who is in violation of any provision of the Goleta Municipal Code may be determined to be maintaining a public nuisance; provided, however, that it shall not be the intent of the City that this chapter preempt any private nuisance right of action or any and all other legal remedies available to private parties to abate such nuisances.
(Ord. 12-19 § 2)
A. 
An enforcement officer may, in the officer’s discretion, issue a “Notice of Violation” to a responsible person prior to issuing an Administrative Citation. Such Notice of Violation shall serve as a written warning and notification of responsibility and require action by the responsible person to cease and abate the violation. The Notice of Violation shall include the information set forth in Section 1.02.070(B). If the violation is not ceased or abated by the end of the correction period stated in the Notice of Violation, the enforcement officer may issue an Administrative Citation assessing fines in accordance with this chapter.
B. 
In accordance with Government Code Section 53069.4, no responsible person shall be assessed a civil fine under this chapter for a continuing violation pertaining to building, plumbing, electrical, zoning, or other structural, design or land use regulation without first receiving a warning and reasonable opportunity to correct or otherwise remedy the violation.
1. 
In such circumstance, the enforcement officer shall issue a Notice of Violation requiring cessation or abatement of the violation within a stated period of time prior to the assessment of civil fines. The stated period available to correct the violation prior to assessment of fines shall be appropriate to the violation as determined by the enforcement officer, but in no event less than seven days.
2. 
If, after the correction period stated in the Notice of Violation, the violation is not ceased or abated, the enforcement officer may issue an administrative citation assessing fines accruing on each day the violation exists beyond the stated period to correct the violation without abatement in accordance with Section 1.02.080.
C. 
A Notice of Violation shall be sent by regular first class mail and shall be deemed delivered and issued on the date of mailing.
D. 
Any responsible person cited for a continuing violation may petition the City Manager for an extension of time to correct the violation so long as the petition is received before the end of the correction period. The City Manager may grant an extension of time to correct the violation if the responsible person has supplied sufficient evidence showing that the correction cannot reasonably be made within the stated period.
E. 
The procedures of this section shall not apply in instances where in the discretion of the City Manager, a violation poses an immediate danger to public health or safety.
(Ord. 12-19 § 2)
Unless another method of notice is specifically provided, notice pursuant to this chapter shall be served either by personal delivery, mail, or by posting notice.
A. 
Personal Service. The enforcement officer may attempt to locate and personally serve the responsible person.
B. 
Service by Mail. If the enforcement officer is unable to locate the responsible person, the Administrative Citation may be mailed to the responsible person by first class mail. Service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned as undeliverable.
C. 
Service by Posting Notice. If the enforcement officer does not succeed in personally serving the responsible person, or by sending the citation by regular first class mail, the enforcement officer shall post the Administrative Citation on the affected property or any other real property within the City in which the City has knowledge that the responsible person has a legal interest, and such posting shall be deemed effective service.
D. 
Where service of any notice under this chapter is affected in compliance with the requirements of this section, the asserted failure of any person to receive the notice shall not affect the validity of any proceedings taken under this chapter.
(Ord. 12-19 § 2)
A. 
The following guidelines concern the issuance and contents of Notices of Violation and Administrative Citations.
B. 
Each Notice of Violation shall contain the following information:
1. 
Name of the person who is charged as a responsible person for the violation;
2. 
The date of violation;
3. 
The date of issuance of the Notice of Violation;
4. 
Address or definite description of the location where the violation was observed;
5. 
The Code sections or conditions violated and a plain, non-technical description of the violation;
6. 
A description of the actions necessary to correct and abate the violation and a date by which such abatement must be completed;
7. 
An order to the responsible person to correct the violation and an explanation of the consequences of failure to correct the violation.
C. 
Each Administrative Citation shall contain the following information:
1. 
Whether the offense is a continuing violation which shall accrue fines until properly ceased and abated;
2. 
The amount of the fine for the violation, including the amount due for the initial violation and any prospective daily fine for failure to abate the violation (if applicable to a continuing violation);
3. 
An explanation of how the fine shall be paid and the time period by which it shall be paid;
4. 
An explanation of how the abatement of the violation can be properly verified (if applicable);
5. 
Identification of rights of appeal, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the Administrative Citation;
6. 
The name, identification number, and signature of the enforcement officer;
7. 
Notice that the violation is a nuisance and that collection of unpaid fines and/or nuisance abatement costs can be enforced as an assessment or lien against the property where the violation occurred;
8. 
A sequential citation number, identifying the order in which the citation was issued; and
9. 
A copy of the Notice of Violation pertaining to the violation for which the Administrative Citation is being issued. If no Notice of Violation was issued prior to the issuance of the Administrative Citation, that citation shall also contain all the information set forth under subsection B of this section.
(Ord. 12-19 § 2)
A. 
The amount of the fines for Code violations shall be set forth in the Administrative Penalty Schedule established by resolution of the City Council. The schedule may include escalating fine amounts for repeat Code violations occurring within specified periods of time.
B. 
Where no amount is specified by resolution of the City Council, the following fines shall apply:
1. 
Standard Penalty. A fine not exceeding $100.00 per occurrence for a first violation;
2. 
Second Violation. A fine not exceeding $200.00 per occurrence for a second violation of the same or similar ordinance or permit within one year from the date of the first violation;
3. 
Third Violation. A fine not exceeding $500.00 per occurrence for each additional violation of the same or similar ordinance or permit within one year from the date of the first violation.
C. 
Delinquency Penalty. The schedule of fines shall specify the amount of late payment penalty owed for any fine not paid when due.
D. 
Cost Recovery. The City may, in addition to the fines set forth above, include in an administrative fine the costs incurred by the City in identifying the violation and issuing a Notice of Violation or Administrative Citation.
(Ord. 12-19 § 2)
Upon receipt of a citation, the responsible person can rectify a violation of the Code and satisfy the requirements of an Administrative Citation by taking the following actions:
A. 
Paying the fine to the City by check or money order within 30 days from the issuance date of the Administrative Citation. All fines assessed shall be payable to the City of Goleta. Payment of a fine shall not excuse or discharge the failure to correct the violation nor shall it bar further enforcement action by the City.
B. 
Ceasing and abating the violation and obtaining an inspection by City staff to verify abatement of the violation. If the offense is a continuing violation and the responsible person fails to properly cease and abate such violation, fines shall accrue for each day until the abatement is properly verified. Subsequent Administrative Citations may be issued for the same violation. The amount of the fine for failure to correct the violation shall increase at a rate specified in this chapter or by resolution.
C. 
Having the citation dismissed by review of the City designated Hearing Officer.
(Ord. 12-19 § 2)
A. 
The fine shall be remitted to the City through its Finance Department within 30 days from the date the Administrative Citation is issued.
B. 
Any Administrative Citation fine paid pursuant to subsection A shall be refunded in whole or in part as appropriate if it is determined, after a hearing, that the person charged in the Administrative Citation was not responsible for the violation, that there was no violation as charged in the Administrative Citation, or if the Administrative Hearing Officer orders the fine reduced or dismissed.
C. 
Payment of a fine shall not bar additional enforcement proceedings for repeated occurrences of a Code violation that is the subject of Administrative Citation.
D. 
Payment shall be made by check or money order.
(Ord. 12-19 § 2)
A. 
Following 30 days after the issuance of the citation, the City shall send a collection bill to the responsible person requiring payment for all outstanding amounts owed for the delinquent Administrative Citation. This bill shall include the amount due for the initial violation, any accrual of daily fines from the date the citation was issued to the date the abatement of the offense is properly verified (if applicable), any costs incurred by the City, and any appropriate late payment charge, less any amount remitted pursuant to Section 1.02.091.
B. 
The abatement of a continuing violation must be verified by an enforcement officer of the City. The responsible person shall contact the code enforcement officer via the phone number designated on the Notice of Violation and Administrative Citation and schedule an inspection by a code enforcement officer. Fines shall accrue until the abatement is verified, less any days delayed by action of the City in scheduling such inspection.
(Ord. 12-19 § 2)
A. 
Any recipient of an Administrative Citation may contest the citation by completing a request for administrative hearing form and filing it with the City's Department of Planning and Environmental Review — Code Compliance within 15 days after the issuance date of the Administration Citation.
B. 
A request for hearing must be accompanied by an advance deposit of the fine assessed by the citation for the initial violation, unless a request of hardship has been approved by the City Manager or designee.
C. 
A request for hearing shall not postpone or avoid the requirement of a responsible person to abate a violation nor toll the daily fines accruing for a continuing violation until the abatement of the offense is properly verified. In the event the Hearing Officer upholds the citation, the responsible person shall be liable for the total fines accrued from the issuance of the citation to the date the abatement is properly verified unless reduced by the Hearing Officer. Any Administrative Citation fine which has been deposited shall be refunded if it is determined, after a hearing, that there was no violation(s) as charged in the Administrative Citation.
D. 
A person seeking an administrative hearing can request a hardship waiver, if they are unable to post the advance deposit. The request for hardship must be properly completed and filed with the City's legal office assistant. The form must be signed by the party to be charged under penalty of perjury. The person requesting the waiver bears the burden of proving that such person does not have the financial ability to make the deposit.
E. 
The request for a hardship waiver will be decided by the City Manager or designee within 10 business days from date the request is received, and that decision is final. The applicant shall be notified by telephone, facsimile, or via mail of the decision on the request. The filing of a request for hardship waiver does not extend the time to file for an administrative hearing or pay the civil fine when due. If the request for hardship waiver is denied, an administrative hearing shall not be scheduled unless the fine deposit is paid within five business days following the City Manager's determination on the request for hardship waiver.
F. 
Failure to submit a timely and complete request for hearing shall terminate a person's right to contest the citation and result in a failure to exhaust administrative remedies, and the order of the citation shall serve as a final determination and conclusive evidence of the named responsible person's liability for the citation. Where the administrative hearing form is mailed by the appellant, the request shall be deemed filed on the date it is received by the City.
G. 
The City's legal office assistant shall set a hearing before a City Hearing Officer on a date that is not less than 15 and not more than 60 days from the date that the request for hearing is properly filed in accordance with the provisions of this section. The person requesting the hearing shall be notified by first class mail of the date, time and place set for the hearing at least 10 days prior to the date of the hearing and be given any additional written reports filed concerning the violation that are provided to the Hearing Officer.
(Ord. 12-19 § 2; Ord. 25-08, 11/18/2025)
A. 
The City Manager will designate the City Administrative Hearing Officer(s) to conduct the administrative citation hearing at City Hall.
B. 
An Administrative Hearing shall not be held until a request for hearing form has been completed, timely submitted, and the fine has been deposited in advance, unless waived in accordance with Section 1.02.100(D).
C. 
The Hearing Officer shall only consider evidence that is relevant to whether the violation occurred and whether the responsible person has caused or maintained the violation of this Code on the date specified in the Administrative Citation.
D. 
The person contesting the Administrative Citation and the City shall be given the opportunity to testify and present witnesses and evidence concerning the Administrative Citation. The appeal hearing shall be conducted informally and the legal or formal rules of evidence need not be followed. The Hearing Officer does not have the authority to issue a subpoena.
E. 
Unless requested in advance by the person contesting the Administrative Citation, neither the enforcement officer nor any other representative of the City shall be required to attend the hearing, provided that any such appearance may be made at the discretion of the enforcement officer or City Manager.
F. 
The failure of any recipient of an Administrative Citation to appear at the Administrative Citation hearing shall constitute a forfeiture of the fine and a failure to exhaust the administrative remedies, and the order of the citation shall be a final determination.
G. 
The Administrative Citation and any additional documents or reports concerning a code violation that are submitted by the enforcement officer to the Hearing Officer shall constitute prima facie evidence of the violation and the respective facts contained in those documents and shall be accepted by the Hearing Officer as such.
H. 
At least 10 days prior to the hearing, the recipient of an Administrative Citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the enforcement officer. No other discovery is permitted. Formal rules of evidence shall not apply. If the enforcement officer submits an additional written report concerning the Administrative Citation to the Hearing Officer for consideration at the hearing, and such report was not initially provided to the appellant, then a copy of this report also shall be sent by first class mail to the person requesting the hearing at least five days prior to the date of the hearing. If such report cannot be provided to the appellant within five days of the date of the hearing, the hearing shall be rescheduled accordingly.
I. 
The Hearing Officer may continue an appeal hearing if a request is made showing good cause by the appellant or the City. All continuance requests shall either: (1) be made in person at the hearing by the appellant or his or her representative if the appellant is physically unable to attend; or (2) be made by a written request by the City or the appellant. If the continuance is granted, a new hearing date shall be set within 30 days. If the continuance is denied, the hearing shall proceed as originally scheduled, and, if the appellant is not present at the hearing, the request(s) shall be deemed abandoned.
(Ord. 12-19 § 2)
A. 
After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision within 15 days after the hearing to uphold or revoke the Administrative Citation based upon the Hearing Officer’s conclusion of whether a violation occurred. The Hearing Officer shall use preponderance of evidence as the standard of evidence in deciding issues. The decision of the Hearing Officer shall be final.
B. 
If the Hearing Officer determines that the Administrative Citation should be upheld, then any applicable fine amount on deposit with the City shall be retained by the City. The Hearing Officer may also impose conditions and deadlines to correct the violations or require payments of any outstanding penalties.
C. 
The Hearing Officer may reduce, waive or conditionally reduce the fines assessed by the citation. In making such determination, the Hearing Officer shall take into account the facts and circumstances of the violation, including without limitation:
1. 
The length of time of the violation;
2. 
The willfulness of the violation;
3. 
The number of previous violations of the same or related type;
4. 
The extent of the violation and the effect of the violation on neighboring properties;
5. 
Attempts, if any, to comply with the applicable Code provisions, or notice of violation;
6. 
The time necessary to abate the violation; and
7. 
Any other information relevant to a determination of the fine.
D. 
If the Hearing Officer determines that the Administrative Citation should be canceled or reduced, the City shall promptly refund the applicable amount of the deposited fine.
E. 
The Hearing Officer may assess administrative costs against the violator when the Hearing Officer determines that a violation has occurred and that compliance was not achieved.
F. 
Administrative costs may include any and all costs incurred by the City (both direct and indirect costs) in investigating and commencing administrative proceedings for the violation as well as any and all costs incurred by the City in connection with the Hearing Officer incurred in preparation for the hearing and for participating in the hearing itself and costs of the City to conduct the hearing. Failure to pay administrative costs in the amount specified in the administrative Hearing Officer’s decision on or before the date specified in that decision shall constitute a violation of this Code punishable as a misdemeanor and shall further be subject to collection and late charges as otherwise provided for administrative penalties herein
G. 
A copy of the decision shall be mailed to the appellant by first class mail within five businesses days subsequent to the Hearing Officer’s issuance of the Notice of Decision.
(Ord. 12-19 § 2)
A. 
Any person aggrieved by an administrative decision of a Hearing Officer on an Administrative Citation may seek judicial review of the administrative decision by filing a further appeal with Santa Barbara Superior Court within 20 calendar days after the appellant receives a copy of the Notice of Decision, in accordance with the provisions of California Government Code Section 53069.4. The appeal filed with the Court must also contain a proof of service showing a copy of the appeal was served upon the City of Goleta City Attorney. The appellant must pay to the Superior Court the appropriate court filing fee when the appeal is filed.
B. 
No appeal is permitted from a decision where the appellant is deemed to have abandoned the contest of the Notice of Administrative Citation by an unexcused failure to appear at the appeal hearing or by the failure to request an administrative appeal hearing before the Hearing Officer.
C. 
The City Attorney or the City Attorney’s designee shall forward to the Superior Court within 15 days of the Court’s request, the pertinent Notice of Administrative Citation documents for any case appealed to that Court. If the Superior Court revokes any Notice of Administrative Citation, the City will refund to the appellant the Superior Court filing fee paid by the appellant.
(Ord. 12-19 § 2)
A. 
City Remedies. The City, at its discretion, may pursue any and all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines.
1. 
Remedies Cumulative. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines owed by a person under this chapter have been collected.
2. 
Refusal to Issue Permits. A City department may refuse to accept an application for a City permit or license or to refuse to issue, extend, or renew to any person, who has unpaid delinquent fines, liens, or assessments, any City permit, license, or other City approval pertaining to the property that is the subject of a Notice of Administrative Citation and an unpaid administrative fine.
3. 
Suspension of Issued Permits. Notwithstanding any other provision of the Code, any permit, license, or any type of land use approval issued by the City to a person who has unpaid administrative fines totaling $500.00 or more which remain delinquent for 30 days or longer may be suspended by the department which issued the permit or other entitlement. The suspension becomes effective 10 days after the date the notice of the suspension is placed by the issuing department in the United States mail, postage prepaid, addressed to the person, and continues until the administrative delinquency is paid in full. The person may request an appeal or review hearing pursuant to the specific permit, license, or other City approval procedures or ordinance if such a request is filed before the 10-day period ends. Continuing to operate under a suspended permit, license, or approval shall also be grounds for the Planning Commission to revoke the permit, license, or approval.
4. 
Remedies. The code enforcement officer may, at his or her discretion, also issue an administrative, civil, or criminal citation to any person for a Code violation.
5. 
Criminal Complaints. The City Attorney shall have the authority to determine whether a criminal complaint should be filed pursuant to this section and Goleta Municipal Code Section 1.01.190.
B. 
Violations Constitute a Public Nuisance. The City may pursue the remedies described in this section whether or not the City is pursuing any other action to terminate an ongoing Code violation that was the basis for an administrative fine to otherwise abate the violation or to sanction the property owner.
C. 
Civil Debt Collection. The City may also recover attorneys' fees via a civil debt collection action. The prevailing party in such a civil action may recover its reasonable attorneys' fees if the City elects, at the initiation of that action, to seek recovery of its own attorneys' fees. In no action may an award of attorneys' fees to any prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action.
D. 
Administrative Costs for Nuisances. The City may also recover administrative costs through a lien or special assessment under the authority of Goleta Municipal Code Section 12.13.130, Government Code Section 38773.5, or any other method allowed by law.
E. 
Civil Penalties. Civil penalties may be collected by any method allowed by statute or law.
(Ord. 12-19 § 2; Ord. 25-08, 11/18/2025)