When used in this chapter, words shall have the same meaning as in Title 12 of this Code, unless otherwise specified.
As used in this chapter:
"Abate/Abatement"
means action to terminate, stop, cease, repair, rehabilitate, replace, demolish, correct or otherwise remedy nuisance activity, condition, premises or conduct by such means and in such manner as to bring the activity, condition, premises or conduct into compliance with the laws or regulations of the City of Santa Maria and/or the State of California or in such manner as is necessary to promote the health, safety or general welfare of the public.
"Abatement costs"
means the actual costs paid or incurred by the City in connection with the matter, including, but not limited to:
(1) 
costs of investigation;
(2) 
personnel costs;
(3) 
City overhead incurred in the preparation for any hearing and appearing at the hearing itself;
(4) 
costs incurred for all inspections and re-inspections necessary to enforce any order issued under this chapter;
(5) 
costs of preparation of notices, specifications and contracts and inspecting the work performed under contract;
(6) 
costs of mailing and printing notices and documents; and
(7) 
the cost, including staffing costs, expended or incurred by the City in abating the conditions or violations pursuant to any order under this chapter.
"Attractive nuisance"
shall mean any condition, instrumentality or machine located in a building or on premises, which is or may be unsafe or dangerous to children by reason of their inability to appreciate the peril therein, and which may reasonably be expected to attract children to the premises and risk injury by playing with, in, or on it.
"City Clerk"
means the City Clerk of the City of Santa Maria.
"Compliance Officer"
shall mean any Code Compliance Officer or any other official named in this Code to enforce the provisions of this chapter.
"Minor"
shall mean any person under the age of 18 years, and who is not emancipated.
"Owner"
means the owner or owners of any premises or real property.
"Premises or real property"
shall mean, in context, any location, building, structure, residence, garage, room, shed, shop, store, dwelling, lot, parcel, land or portion thereof, whether improved or unimproved.
"Responsible party or person"
means any individual, business or entity responsible for creating, causing, maintaining or permitting the nuisance activity, premises, condition or conduct; and includes, but is not limited to, the property owner, tenant, lessee, possessor, or occupant of real property, the president or other officer of the corporation, a business owner or manager of a business.
"Yard"
means any open space other than a court on the same lot with a building or a dwelling group, which space is clear of structures and thus open from ground to sky. The exception for projections and/or accessory buildings stated in Section 12-2.145 of this Code does not apply.
(Ord. 99-25, eff. 1/21/00; Ord. 2010-03, eff. 5/20/10; Ord. 2011-08, eff. 12/1/11)
The procedures provided in this chapter shall be cumulative and in addition to any other procedure or legal remedy provided for in this Code or by State law for the abatement of nuisance related activities, premises, conditions or conduct. Nothing in this chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a nuisance under applicable Civil, Criminal or Municipal Code provisions as an alternative or alternatives to the proceedings set forth in this chapter.
(Ord. 99-25, eff. 1/21/00)
It is unlawful for any person owning, renting, leasing, occupying, managing or having charge, or possessing of any real property in this City to maintain such premises in such a manner that any of the following conditions are found to exist thereon:
(a) 
A building, structure, or portion thereof, which is in a dilapidated or dangerous condition so as to be unfit, unsafe, or unsuitable for human occupancy. Such conditions include, but are not limited to:
(1) 
Inadequate or inoperable mechanical, electrical, plumbing, or sanitation systems or equipment;
(2) 
Lack of sound and effective exterior walls or roof covering to provide weather protection;
(3) 
Lack of structural integrity, including deteriorated or inadequate foundations, joints, vertical or horizontal support;
(4) 
Broken, missing, or inoperable windows or doors constituting a hazardous condition or a potential attraction to trespassers;
(5) 
Buildings or structures which are unpainted or which otherwise lack exterior coating, causing dry rot, warping or termite infestation;
(6) 
Broken, deteriorated, or substantially defaced structures visually impacting on the neighborhood or presenting a risk to public safety;
(7) 
Substandard building conditions described in the State Housing Law, including but not limited to Section 17920.3 of the Health and Safety Code.
(b) 
An abandoned building or structure such as:
(1) 
An unoccupied and unsecured building or structure;
(2) 
A partially constructed, reconstructed, or demolished building or structure where work is abandoned for 120 consecutive days;
(3) 
A damaged or partially destroyed building or structure not removed or repaired within 120 days after the damage or destruction, or, if the removal or repair cannot reasonably be accomplished within 120 days, upon which removal or repair has not been commenced within such period and prosecuted diligently toward completion.
(4) 
A display remaining in place or not maintained for a period of 90 days, which no longer advertises or identifies an activity occurring at the address where the display is located.
(c) 
Property maintained in a condition so defective, unsightly, or in a state of such deterioration, disrepair or neglect that it causes a health, safety or fire hazard or an attractive nuisance to children such as:
(1) 
The accumulation of dirt, litter, refuse, trash, debris, rubble, piles of soil, rock or combustible material in carports, parking areas, driveways, front yards, side yards, rear yards, vestibules, doorways of buildings, the adjoining sidewalk, or alley;
(2) 
Storage of personal property (other than items designated for outdoor use) on driveways, or in front, exterior side, or rear yard areas visible to public view, including, but not limited to unregistered, inoperative or dismantled vehicles or vehicle parts, building materials not currently being used for the construction of improvements on the site, appliances, household furnishings or equipment, tools, machines, garbage cans, portable toilets (unless approved as part of a construction project), cargo containers (unless properly zoned and permitted), packing boxes, debris, rubbish, and broken or discarded furniture; provided however, that a violation of this subsection limited to garbage cans shall be an infraction;
(3) 
Trees, weeds, or other vegetation which are dead, decayed, infested, diseased, overgrown, or likely to harbor rats or vermin, or which are detrimental to neighboring property or property values;
(4) 
Abandoned and broken equipment or machinery, or parts thereof;
(5) 
Parking lots, driveways, paths or other paved surfaces with cracks, potholes or other deficiencies posing a risk of harm to the public;
(6) 
Fences or walls:
(A) 
which lack structural support because of missing or wet soil, missing or failed footings, or missing or failed fastenings; or which otherwise do not stand erect;
(B) 
which are in disrepair due to damage, crumbling mortar, missing bricks or wood, rotted wood, breaks or dents in their structure;
(7) 
Front yards, and street side yards on improved lots, including corner lots, which lack required landscaping with a lawn, ground cover, bushes, or trees, or which lack required covering with rock or other decorative material, except during permitted construction, demolition, or remodel work on the lot;
(8) 
A surface excavation or grading on private property which:
(A) 
contains four or more inches of standing water for a period in excess of five days during which no rain has fallen; or
(B) 
has sides which slope at an angle that exceeds City standards.
(C) 
This prohibition does not apply to:
(i) 
Completed drainage facilities which are owned or maintained by, or approved and maintained in the manner approved by, the City of Santa Maria or County of Santa Barbara;
(ii) 
Excavations made as part of construction approved by the City and protected with barriers or fences that meet City, County and/or State standards; or
(iii) 
Excavations which are completely surrounded by a fence or other secure barrier at least six feet tall;
(9) 
A vehicle or vehicles parked or stored in a front or corner side yard, except for registered and operable vehicles on a driveway or a paved area or behind a solid fence. No more than 50% of the front or side yard may be paved. This provision shall not apply to vehicles completely screened by a fence or wall (at ground level) from public view, so long as the vehicle does not violate sections 5-6.202((h) or 12-32.08A of this code, or any successor section regulating the storage of vehicles on property in residential use.
(d) 
Buildings, structures, or other surfaces upon which graffiti exists. Graffiti, as used in this chapter, shall mean defacement, damage, or destruction by the presence of paint or ink, chalk, dye, or other similar substances; or by carving, etching, or other engraving.
(e) 
Clothing, linen, towels, laundry, rugs, mattresses, and other similar material hung, placed, or attached to power lines, trees, bushes, fences, buildings, railings, or walls and visible from public property or an area open to the public.
(f) 
Waste matter or personal property placed on rooftops.
(g) 
Construction or agricultural equipment, machinery, or materials, parked or placed on residential premises and visible from public property or an area open to the public; except during permitted construction, demolition or remodel work on the site.
(h) 
Commercial vehicles which are parked or stored on a lot or parcel in a residentially zoned district, as defined by Title 12 of this Code.
(1) 
For purposes of this subsection (h), commercial vehicles shall include, but not be limited to, any of the following vehicles:
(A) 
A commercial vehicle with a weight in excess of 10,000 pounds "gross vehicle weight rating" as defined in California Vehicle Code Section 350(a);
(B) 
A commercial vehicle that exceeds eight feet in total outside width, or seven feet in height (including any load thereon), or 21 feet in length in total bumper to bumper length;
(C) 
A "tank vehicle," which shall mean any commercial vehicle that is designed to transport any liquid or gaseous material within a tank that is permanently or temporarily attached to the vehicle or the chassis, including, but not limited to, cargo tanks and portable tanks, as defined in Part 171 of Title 49 of the Code of Federal Regulations [this definition does not include portable tanks having a rated capacity under 100 gallons], or a motor vehicle holding hazardous wastes or hazardous materials which is required to display placards or markings pursuant to Vehicle Code Section 27903;
(D) 
A "general public paratransit vehicle" or a "paratransit vehicle" or a "transit bus" as defined in Vehicle Code Sections 336, 462 and 642, respectively, but not a "vanpool vehicle" as defined in California Vehicle Code Section 686;
(E) 
A "school bus" or a "school pupil activity bus" or a "youth bus" as defined in California Vehicle Code Sections 545, 546 and 680, respectively;
(F) 
A "semi trailer" as defined in California Vehicle Code Section 550;
(G) 
A pickup truck with a "utility body" as defined in California Vehicle Code Section 471, if the "utility body" exceeds the width of the widest portion of the body of the pickup truck;
(H) 
A stake bed truck which shall mean any motor vehicle with a bed surrounded by side rails or endrails or a stake gate;
(I) 
A "trailer" as defined in California Vehicle Code Section 630 that is either used, maintained or designed for commercial purposes;
(J) 
A "water tender vehicle" as defined in California Vehicle Code Section 676.5;
(K) 
"Special construction equipment" vehicles as defined in California Vehicle Code Section 565;
(L) 
A "tow truck" or a "tow dolly" as defined in California Vehicle Code Sections 615 and 617, respectively;
(M) 
A "tour bus" or a "trailer bus" as defined in California Vehicle Code Sections 612 and 636, respectively;
(N) 
A "truck tractor" as defined in California Vehicle Code Section 655;
(O) 
An "armored vehicle" as defined in California Vehicle Code Section 115;
(P) 
A "taxicab" as defined in 4-10.101(g) of this Code;
(Q) 
A "bus" as defined in California Vehicle Code Section 233; and
(R) 
A street sweeper or vacuum truck used for cleaning parking lots or similar surfaces.
(2) 
Exceptions - Subsection (h) shall not apply to any of the following:
(A) 
Vehicles making pickups or deliveries of goods, wares and merchandise from or to any building or structure, except when the building or structure is used as a home occupation subject to the regulations in Title 12, Chapter 29 of this code;
(B) 
Vehicles parked for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure;
(C) 
Vehicles completely screened from public view by a fence or wall from ground level, provided the vehicle does not violate subsections 5-6.202(h)(1)(A), or (B) of this code;
(D) 
Vehicles stored within a fully enclosed garage; and
(E) 
Recreational vehicles as defined in Health and Safety Code Section 18010.
(i) 
Vehicle or vessel repair as defined in Section 12-29.02.1(b) of this Code, which occurs in a residentially zoned district and is offensive or detrimental to the health, safety, or welfare of other persons, or which substantially interferes with the reasonable enjoyment of property by other persons, because of the substances, odors, noise, or visual clutter created by the repair; or because of the items stored in connection with the repair, or because the repair is performed on a vehicle not owned by the occupant of the property.
(j) 
Any building or structure which is a public nuisance under common law.
(k) 
Any violation of the zoning ordinances or occupying or otherwise using property in violation of the provisions of any conditional use permit, planned development permit, variance or other land use entitlement or land use permit.
(l) 
Any condition or activity which is a "nuisance" or a "public nuisance" as defined in Sections 3479 and 3480 of the Civil Code of the State of California or which is specifically declared to constitute a nuisance by any statute of the State of California or by any ordinance of the City of Santa Maria.
(m) 
Any building or structure which is constructed, altered, repaired, modified, maintained, or used in violation of the provisions of Title 9 of the Santa Maria Municipal Code.
(n) 
Any activity which is in conflict with the Constitution or laws of the State or the United States.
(Ord. 99-25, eff. 1/21/00; Ord. 2002-05, eff. 7/18/02; Ord. 2004-01, eff. 2/20/04; Ord. 2005-17, eff. 1/20/06; Ord. 2006-20, eff. 2/1/07; Ord. 2008-01, eff. 3/20/08; Ord. 2009-18, eff. 10/2/09; Ord. 2010-03, eff. 5/20/10; Ord. 2011-02, eff. 5/5/11; Ord. 2016-01 § 1, 2/19/16; Ord. 2016-05 § 14, eff. 3/2/16; Ord. 2023-02 § 3, eff. 6/1/23)
All property found to be maintained in violation of any one or more of the provisions of Section 5-6.202 of this chapter is hereby declared to be a public nuisance and shall be abated pursuant to the procedures set forth herein. The procedures for abatement set forth herein shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any manner provided by law. A Notice of Nuisance document may be recorded with the County Recorder for any property that is declared to be a public nuisance pursuant to this section, for the purpose of providing constructive notice of the existence of a public nuisance at the property to potential buyers, sellers and successors-in-interest. A Notice of Release document will be recorded upon abatement of the public nuisance identified in the Notice of Nuisance document.
(Ord. 99-25, eff. 1/21/00; Ord. 2010-12, eff. 12/2/10)
Any officer, employee, or agent of the City of Santa Maria may enter and inspect or abate any building or premises whenever necessary to secure compliance with, or prevent violation of, any provision of this chapter. If required by law, the officer, employee or agent shall first obtain consent of the responsible party or an appropriate court order.
(Ord. 99-25, eff. 1/21/00)
Whenever the Compliance Officer determines that any property is maintained in violation of one or more of the provisions of Section 5-6.202, he shall serve on the responsible parties a written Compliance Order which contains:
(a) 
The date and location of the violation;
(b) 
The section of the Code violated and a brief description of the violation;
(c) 
The actions required to correct the violation(s) or abate the condition(s);
(d) 
The time period after which the City will enter the property to abate the conditions or administrative penalties will begin to accrue if compliance is not achieved;
(e) 
The time period for abatement;
The Compliance Officer may grant an extension of time upon good cause, provided the responsible party signs a written agreement to abate the nuisance within a time certain.
(f) 
That a hearing will be held before a Hearing Officer appointed pursuant to Section 5-6.101 if abatement is not achieved within the time set forth in the Compliance Order.
(Ord. 99-25, eff. 1/21/00; Ord. 2001-01, eff. 3/8/01; Ord. 2011-08, eff. 12/1/11)
(a) 
All written notices required to be given under the provisions of this chapter may be served in the following manner:
(1) 
By personal delivery, or
(2) 
To the property owner, by mailing a copy of the notice by United States mail, postage prepaid, to his or her address shown on the last equalized assessment roll available on the date the notice is prepared, and to other responsible parties at their address as known to the Compliance Officer or at the property address. Service under this subsection shall be deemed complete five days after deposit in the United States mail.
(b) 
Where personal service or service by mail of the Compliance Order or the Notice of Hearing pursuant to subsection (a) of this section upon the property owner is unsuccessful, the Compliance Officer shall cause all of the following to occur:
(1) 
A copy of the Compliance Order or the Notice of Hearing, as appropriate, shall be posted conspicuously at the real property where the public nuisance is occurring. A Notice of Hearing shall be posted not less than 15 days prior to the hearing referenced in the Notice; and
(2) 
A copy of the Compliance Order or Notice of Hearing, as appropriate, shall be published for at least three consecutive days in a newspaper of general circulation in the City. A copy of the Notice of Hearing shall be published at least 10 days prior to the hearing referenced in the Notice.
(c) 
In the case of violations of subdivision (m) of Section 5-6.202 [Building Codes] only, the holder of any mortgage or deed of trust shall be served with a Compliance Order pursuant to subsection (a)(2) [service by mail] of this section at the address appearing on the recorded mortgage or deed of trust.
(d) 
Notwithstanding any provision in this section, service by mail may be made to any responsible party at any address authorized or requested by such person.
(e) 
The failure of any person to receive any notice required under this chapter and properly served, mailed, posted or published under this chapter shall not affect the validity of any proceedings taken under this chapter.
(Ord. 99-25, eff. 1/21/00; Ord. 2002-05, eff. 7/18/02)