A. 
In order to further the City’s stated goals and to protect its citizens and their property from conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, or hazardous or injurious to the health, safety or welfare of the general public, this chapter pertaining to nuisance abatement is necessary to effectively abate or prevent the development of such conditions in the City of Goleta.
B. 
It is the intention of this chapter to set forth guidelines for determining the conditions which constitute a public nuisance; to establish a method for giving notice of the conditions and an opportunity to correct them; and in the event a public nuisance is not abated or corrected, to provide a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or abated.
C. 
It is the purpose of this chapter to provide a just, equitable, and practical method, in addition to any other remedy available at law or equity, whereby lands, buildings or structures that are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds, debris, abandoned vehicles, machinery or equipment, or are a menace or hazard to life, limb, safety, health, property values, or the general welfare of the City, or are otherwise maintained in violation of this Code may be required to be repaired, renovated, vacated, demolished, made safe, cleaned up by removal of offensive conditions, and brought into compliance with this Code.
D. 
In addition to the abatement procedures provided herein, this chapter declares certain conditions to be public nuisances and that maintenance of such conditions shall be a criminal offense.
E. 
This chapter is not intended to enforce private conditions, covenants and restrictions (CC&Rs) on property, nor to supersede them. This chapter will be enforced uniformly within the City regardless of CC&Rs. Therefore, this chapter does not abrogate the right of any homeowner’s association or private citizen to take action, legal or as otherwise provided in the CC&Rs, to force compliance with the CC&Rs applicable to their tract or association even though the CC&R provisions may be the same, more restrictive, or may not be covered by this chapter.
(Ord. 04-05 § 2)
The following words and phrases, when used in the context of this chapter, shall have the following meanings:
“Abandoned”
means not legally occupied or in use for any legally permitted purpose.
“Enforcement officer”
means any person authorized to enforce provisions of this Code.
“Hearing Officer”
is the City Manager or the Manager’s designee.
“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.
“Parking”
means the parking of a vehicle on private property for less than 48 hours.
“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 property related 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 subsection “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, sublessee, 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.
“Storage”
means the storage of a vehicle or equipment for more than 48 hours.
(Ord. 04-05 § 2; Ord. 12-18 § 2)
It is unlawful and hereby declared to be a public nuisance, for any responsible person to maintain, cause, permit, or allow to exist upon his or her property or premises owned, occupied, or controlled by him or her within the City any violation of any provision of this Code, including, without limitation:
A. 
Land, the topography or configuration of which, in any man-made state, whether as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties that may or does result in erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to public health, safety, and welfare or to neighboring properties;
B. 
Buildings or structures partially destroyed, uninhabitable or permitted to remain in a state of partial construction for which no building permit is active;
C. 
Buildings or structures that have broken windows or an unkempt appearance, that are dilapidated, uninhabited or unsecured for more than six months;
D. 
The failure to secure and continue to secure from public access all doorways, windows and other openings into vacant or abandoned buildings or structures;
E. 
Overgrown, dead, decayed or hazardous vegetation that:
1. 
Is maintained so as to cause an obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicle traffic, or
2. 
Constitutes a fire hazard;
F. 
Building exteriors that are maintained in such condition as to become structurally unsound or subject to intrusion by the elements;
G. 
The accumulation of junk, trash, garbage, salvage materials, rubbish, hazardous waste, refuse, rubble, broken asphalt or concrete, containers, broken or neglected machinery or the presence of the following: appliances, sinks, fixtures or equipment, scrap metals, machinery parts, inoperative or dismantled automobiles, abandoned or neglected pools, ponds, excavations and wells, or other such material or conditions present on property that are visible from a public street, alley, or neighboring property;
H. 
Except where construction is occurring under a valid City permit, the storing of any construction equipment, buses, tow trucks, dump trucks, flatbed trucks, grading equipment, tractors, storage containers, roll off bins, cargo containers, tractor trailers, any other commercial vehicle over 22 feet long, materials, or machinery of any type or description, upon any property within a residential zone. Any two-axle commercial vehicle, when used as the primary source of personal transportation by the person owning, leasing, occupying or having charge of any such vehicle, shall be excluded from the provisions of this section;
I. 
Construction debris storage bins stored on a public street or in any front or side yard setback area without the expressed approval of the City through a building or encroachment permit;
J. 
Unscreened storage of refuse or trash containers in front yard setbacks beyond 48 hours of being serviced;
K. 
Accumulations of grease, oil or other hazardous material on paved or unpaved surfaces and from which any such material is likely to or actually flows or seeps onto any public street or other adjacent public or private property;
L. 
Any open yard area which lacks turf, bark, planted groundcover, or other planted material, or decorative rock, or other hardscape or landscape treatment so as to cause excessive dust or allow soil erosion;
M. 
The existence of any unlawful encroachment including signs, play equipment, vehicle, trash or vegetation, which obstructs or interferes with the free passage or use by the public, of any public sidewalk, street, alley, or other public right-of-way, or which may impede emergency access or may otherwise constitute a hazard to public safety or property;
N. 
Use of a recreational vehicle for living space on private, residentially zoned property, for a period exceeding 14 days in a six-month period;
O. 
Trailers, campers, boats or motor vehicles parked or stored on vacant property, or in front yards of developed lots unless on paved surfaces. Nothing in this section shall be construed to permit any activity that is otherwise prohibited by this Code; and
P. 
Any condition caused or permitted to exist in violation of Chapter 13.04, including releases of pollutants or illegal discharges into the storm drain system and/or waters of the State. Q. Failure to adequately maintain a designated historic resource as specified in Chapter 17.33 shall constitute a public nuisance.
(Ord. 04-05 § 2; Ord. 10-02 § 3; Ord. 12-02 § 20; Ord. 12-18 § 2; Ord. 22-05 § 12)
Whenever the City Manager reasonably believes a public nuisance exists, the City Manager may commence abatement proceedings and cause a written “Notice of Violation” to be issued.
A. 
The Notice of Violation shall contain a description of the property in general terms reasonably sufficient to identify the location of the property. It shall refer to this section and the Code violations at issue, and shall direct compliance by removal or correction of the condition within the minimum time frames set forth in this section from the date of the Notice. The Notice shall further describe the consequences for the failure to comply with this section.
B. 
As a general matter, the Notice of Violation shall require the removal or correction of the condition within a minimum of seven days and a maximum of 30 days from the date of the Notice unless the enforcement officer determines that the maintenance of the condition of the property in its present state constitutes an imminent threat to public health or safety. In such case, the City Manager may order compliance within a shorter period of time. Nothing herein shall limit the City’s use of criminal or civil abatement proceedings to seek immediate redress for imminent threats to public health and safety.
C. 
The Notice of Violation shall be served on the responsible person by registered or certified mail, return receipt requested, or personally. Delivery by first-class mail shall be used when delivery by registered or certified mail is refused. Such notice by mail shall be sufficient for purposes of this chapter.
D. 
Failure of any person to receive a Notice of Violation shall not affect the validity of any proceedings under this chapter.
(Ord. 04-05 § 2)
The responsible person of any building, structure or property alleged to be a public nuisance as set forth in a Notice of Violation, may abate the nuisance at any time within the abatement period by rehabilitation, repair, removal or demolition. The City Manager shall be advised of the abatement and shall cause the premises to be inspected to ensure that the nuisance has in fact been abated.
(Ord. 04-05 § 2)
Upon failure of the responsible person to remove or correct the conditions described in the Notice of Violation by the date specified and the City’s election to pursue abatement administratively, the City Manager shall cause a “Notice of Abatement Hearing” to be issued and a hearing scheduled to determine whether such building, structure, or property is being maintained in such a manner so as to constitute a public nuisance. The Notice of Hearing shall be served not less than seven calendar days prior to the hearing to the owner of the affected property as shown on the latest equalized tax assessment roll by mailing the Notice to the addresses as indicated thereon, to any persons holding permits to the applicable property, building or structure, and further, within the same time period, by conspicuously posting on the affected property, building, or structure a copy of the Notice. The Notice of Abatement Hearing may also be served on the holder of any legal interest of record in the building, structure or property. The City Manager or designee shall be the Hearing Officer.
A. 
The Notice shall indicate the nature of the alleged public nuisance, a description of the property involved, and the designation of the time and place of the hearing to determine whether the same constitutes a public nuisance, and the manner of the proposed abatement if the same is found to be a public nuisance.
B. 
The Notice shall be served by regular first class mail, by registered or certified mail, return receipt requested, or personally.
C. 
The failure of any person to receive the Notice of Abatement Hearing shall not affect the validity of any proceedings under this chapter.
D. 
Nothing hereby shall prevent any property owner or other responsible person from abating the nuisance prior to the time of the hearing and notifying the City of the same. Upon confirmation by the City that the nuisance has been abated, the need for the hearing shall be deemed terminated.
(Ord. 04-05 § 2)
The Notice of Abatement Hearing given shall be provided in substantially the following format:
NOTICE OF HEARING ON ABATEMENT OF PUBLIC NUISANCE
(Name and address of owner of the property)
As owner of the property located at (address) based on the most recent County equalized assessment roll, you are hereby notified that the undersigned has determined that the following conditions exist on the property, the existence of which may constitute a public nuisance under the City’s Municipal Code:
A hearing will be held at __________, Goleta, before a Hearing Officer of the City of Goleta, to determine whether the conditions that exist on the property constitute a public nuisance.
A hearing may be avoided if the following corrections are made at least five days before the date set for the hearing:
If it is determined that the conditions on the property constitute a public nuisance, the following abatement action may be taken by the City if corrective action is not taken by the date set for in the Hearing Officer’s order:
IF ABATEMENT ACTION IS TAKEN BY THE CITY, ALL COSTS OF THE ABATEMENT, INCLUDING THE TIME OF CITY OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND ATTORNEYS, MAY BE ASSESSED AGAINST THE PROPERTY AND MAY ATTACH AS A LIEN UNTIL PAID.
All persons having an interest in this matter may attend the hearing and give testimony and evidence, which will be given due consideration by the Hearing Officer. Call (805) 961-7500 for questions regarding this notice.
Dated:______________
City Manager
By:__________________
(Ord. 04-05 § 2)
The hearing to determine whether a public nuisance exists shall be conducted as follows:
A. 
The Hearing Officer is authorized to take testimony and in the course of so doing, is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a).
B. 
At the hearing, the Hearing Officer shall consider all relevant evidence, including but not limited to applicable staff reports. The Hearing Officer shall give any interested person the reasonable opportunity to be heard.
C. 
The Hearing Officer may inspect the premises involved in the hearing prior to, during or after the hearing, provided that:
1. 
Notice of such inspection shall be given to the parties before the inspection is made.
2. 
The parties are given an opportunity to be present during the inspection.
3. 
The Hearing Officer shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and each conclusion drawn from such facts.
D. 
Each party shall have the right to rebut or explain the matters referenced by the Hearing Officer either during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.
E. 
Based upon the evidence presented to or discovered by the Hearing Officer, the officer shall determine whether a public nuisance within the meaning of this chapter exists.
(Ord. 04-05 § 2)
A. 
The decision of the Hearing Officer shall be final and conclusive in the absence of an appeal as provided in this chapter.
B. 
The Hearing Officer shall, within five business days, mail a copy of the written notice of decision by first class mail and/or by certified or registered mail to the owner, and by regular first-class mail to all other persons who received notice of the original hearing, and to any other person requesting the same. The notice shall contain an “Order of Abatement,” if a public nuisance is determined to exist, and assessment of costs to date, if any, in accordance with subsection C of this section, and be directed to the owner of the affected property or the responsible person, and shall set forth the nature of the nuisance, its location and the time and manner for its abatement.
C. 
If the Hearing Officer determines that a nuisance exists, then the Hearing Officer shall, as part of the Order, direct that the property owner or responsible person pay the City’s costs of the nuisance proceedings to date. Such costs shall include any and all noticing costs, the investigation and enforcement time of City officers, employees, agents, contractors and attorneys, and Hearing Officer costs. If the Hearing Officer determines that no violation exists, no costs shall be awarded or ordered. Any costs awarded shall be deemed a debt owed to the City and shall be paid within 30 days of invoice from the City. Any debt remaining unpaid shall, at the City’s option, be:
1. 
Collected through the use of civil process, including utilization of a collection agency; or
2. 
Placement of such debt as a lien upon the property to be collected in accordance with Section 12.13.130 of this Code.
D. 
Where an appeal is filed as provided in this chapter, the Order of Abatement shall be suspended pending the review of the determination in the manner set forth in this chapter.
(Ord. 04-05 § 2)
A. 
An appeal of the Order of Abatement must be filed with the City Clerk within five business days of the date of the mailing of the Order by filing the appeal on forms provided by the City Clerk and paying the appeal fee established by the City. Any person entitled to notice of hearing or who has participated in the hearing and who is dissatisfied with the Order of the Hearing Officer may file an appeal. The appeal form shall include, but not be limited to, the following information:
1. 
A description of the property;
2. 
The abatement proceedings appealed;
3. 
The appealing party’s legal or other interest in the property or condition of the property;
4. 
A statement of disputed and undisputed facts;
5. 
A statement specifying which portion of the proceedings are being appealed, together with any evidentiary or supporting materials that would support the appeal; and
6. 
A verification of the truth of all matters asserted.
B. 
Upon the timely filing of a notice of appeal, the City Clerk shall place the appeal upon the next regular City Council meeting agenda or at a special meeting to hear the appeal. In no case shall the appeal hearing be less than five business days after the appeal is filed.
C. 
The City Clerk shall notify the appellant in writing of the appeal including the time, place, and date of the hearing on the appeal. Copies of the notice shall also be given to any other person to whom notice of the Hearing Officer’s Order was sent. Notice shall be sent in accordance with Section 12.13.040(C).
D. 
The City Council hearing on the appeal is limited to those items stated on appeal. The action of the City Council to grant or deny the appeal is final.
(Ord. 04-05 § 2)
A. 
If the nuisance is not completely abated by the date specified in the Hearing Officer’s Order or by the City Council, as applicable, the City Manager may immediately cause the nuisance to be abated by City personnel or under private contract. The City Manager is authorized to grant reasonable extensions on the time period for abatement based on a proper showing by the property owner or other responsible person of extenuating circumstances, made before the date of City abatement. The owner of the property shall be liable to the City for all costs of such abatement.
B. 
No person shall obstruct, impede or interfere with any City officer, employee, contractor or authorized agent whenever such officer, employee, contractor or agent is engaged in the work of abating any nuisance as required by this chapter.
(Ord. 04-05 § 2)
City personnel, or any private contractor authorized to abate the nuisance, shall keep an account of the cost, including incidental expenses, of all abatement work performed on each separate lot or parcel of land where work is done and shall render an itemized report in writing to the City Council showing the total cost of abatement by rehabilitation, demolition, or repair of the property, building, or structure, including any salvage value relating thereto. A copy of the report shall be posted at City Hall or other official location for posting City notices for at least five days before it is considered by the City Council. Proof of posting shall be made by affidavit of the City Clerk. The term “incidental expenses” includes but is not limited to the actual expenses and costs of the City in preparation of notices, specifications, and contracts, inspection of the work, and the cost of printing and mailings required under this chapter, and any attorney fees expended in the abatement of the nuisance, through civil action or otherwise.
(Ord. 04-05 § 2)
A. 
The total cost of abatement of the nuisance, as confirmed by the City Council, shall constitute a special assessment against the lot or parcel of land to which it relates and, upon recordation in the Office of the County Recorder of the County of Santa Barbara of a “Notice of Lien,” shall constitute a lien on the property for the amount of the assessment.
B. 
The Notice of Lien for recordation shall be in a form substantially as follows:
NOTICE OF LIEN
Claim of the City of Goleta
Pursuant to the authority vested by 12.13 of the Goleta Municipal Code and California Government Code Section 38773.1, the City of Goleta on the _____ day of __________, 20__, did cause the property hereinafter described to be declared a public nuisance and order it abated. The City Council of the City of Goleta, did on the _____ day of __________, 20__, assess the cost of such abatement upon the property, but that assessment has not been paid.
The City of Goleta does hereby claim a lien for such abatement in the amount of the assessment, $__________, and this amount shall be a lien upon the real property until paid in full and discharged of record.
The real property upon which a lien is claimed, is that certain parcel of land lying and being entirely within the City of Goleta, County of Santa Barbara, State of California, particularly described as follows:
Street Address: __________
Legal Description: (see Attachment 1 attached hereto and incorporated by this reference.)
Assessors Parcel Number(s): __________
Name and address of the owner of record of the Property: __________
Dated:__________
______________________
City Clerk, City of Goleta
C. 
Prior to recordation, the notice of lien shall be served in the same manner a summons in a civil action as set forth in Sections 415.10 et seq., of the California Code of Civil Procedure. If the owner of record, after diligent search cannot be found, the Notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in the City.
D. 
After confirmation and recordation, a copy of the Notice of Lien may be turned over to the Tax Collector to add the amounts of the assessments to the net regular tax bill levied against the respective lots and parcels of land.
Thereafter the assessment 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 provided for ordinary property taxes. After recordation, the lien may be foreclosed by judicial or other sale in the manner and means provided by law.
(Ord. 04-05 § 2)
The owner of any property within the City has the primary responsibility for keeping that premises free of public nuisances. Other responsible persons for the purposes of this chapter, shall be deemed to be the agents of the owner. In the event of any proceeding under this chapter, the current County assessment roll showing that the subject property is assessed to a person shall constitute prima facie evidence that such person is the owner of such property.
(Ord. 04-05 § 2)
A. 
Emergency Abatement. Notwithstanding any other provision of this Code, whenever the City Manager determines that a public nuisance exists within the City, or that the condition of a building or structure constitutes a public nuisance, all as defined in this chapter or pursuant to other applicable law, and that nuisance constitutes an immediate hazard or danger, the City Manager, without observing the provisions of this chapter with regard to abatement procedures, shall immediately order the abatement of such existing public nuisance, and promptly report such action to the City Council.
B. 
Nothing in this chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means or remedies available to it under provisions of any applicable ordinances, law, or in equity to correct hazards arising from any building, structure or property in addition to or as alternatives to the proceedings set forth in this chapter.
(Ord. 04-05 § 2)
In addition to any City police officer, the following designated officers and employees shall have the power to enforce this chapter whenever the officer or employee has reasonable cause to believe that the person has committed the offense in the officer’s or employee’s presence:
A. 
City Manager;
B. 
Planning and Environmental Services Manager;
C. 
City Building Officials;
D. 
Code enforcement officers;
E. 
City Attorney.
(Ord. 04-05 § 2)