Santa Barbara City Zoning Code

Bulletin board, at entrance to Council Chamber in City Hall, De la Guerra Plaza.

Bulletin board, at the entrance to County Courthouse, which is nearest to the intersection of Anacapa and Figueroa Streets.

Entrance, City Fire Station, 1802 Cliff Drive.

Entrance, City Fire Station, 701 East Haley Street.

Entrance, City Fire Station, 3030 De la Vina Street.

When any person is arrested for a violation of any City ordinance and such person is not immediately taken before a magistrate, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court.

The time specified in the notice to appear must be at least 10 days after such arrest.

The place specified in the notice to appear shall be before the judge of the Municipal Court of the Santa Barbara Judicial District.

The officer shall deliver one copy of the notice to appear to the arrested person and the arrested person in order to secure release must give his or her written promise so to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody.

The officer shall, as soon as practicable, file the duplicate notice with the judge of the Municipal Court. Thereupon, the judge shall fix the amount of bail which in his or her judgment, in accordance with the provisions of Section 1275 of the Penal Code, will be reasonable and sufficient for the appearance of the defendant, and shall endorse upon the notice a statement signed by him or her in the form set forth in Section 815 of the Penal Code. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the judge the amount of bail thus set. Thereafter at the time when the case is called for arraignment before the judge, if the defendant shall not appear either in person or by counsel, the judge may declare the bail forfeited and may in his or her discretion order that no further proceedings shall be had in such case.

Upon the making of such order that no further proceedings be had all sums deposited as bail shall forth-with be paid into the County Treasury for distribution pursuant to Section 1463 of the Penal Code.

When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 1.20.020 of this code, the judge shall issue and have delivered for execution a warrant for his or her arrest within 20 days after his or her failure to appear as promised or if such person promises to appear before an officer authorized to accept bail other than the judge and fails to do so on or before the date he or she promised to appear, then within 20 days after the delivery of such written promise to appear by the officer to the judge.

When such person violates his or her promise to appear before an officer authorized to receive bail other than the judge, the officer shall immediately deliver to the judge having jurisdiction over the offense charged, the written promise to appear and the complaint if any, filed by the arresting officer.

Purpose. The purpose of this chapter is to enable the City, acting as a charter city pursuant to Article XI, Sections 5 and 7 of the state Constitution, to impose and collect civil administrative fines in conjunction with the enforcement of provisions of this code. Notwithstanding the provisions herein, the City has and shall continue to employ the philosophy of voluntary compliance when seeking compliance with this code. Prior to the implementation of the enforcement policies and penalties stated herein, voluntary compliance approaches shall first be used in order to educate City property owners and businesses concerning the requirements of this code and the corrective action necessary to correct a violation of this code, unless an immediate danger to health or safety exists.

Administrative Guidelines Approved by the City Council. Concurrently with the adoption of the ordinance establishing this chapter, the City Administrator shall prepare and promulgate administrative guidelines which shall, among other things, establish policies for providing appropriate and adequate warnings with respect to possible Municipal Code violations to those persons who may receive an administrative citation, to provide direction to City staff for the correct process of issuing a Notice of Administrative Citation, and to establish the proper format of the Notice of Administrative Citation and for service of that Notice in a manner consistent with the requirements of due process (hereinafter referred to as the "Administrative Guidelines"). Such Administrative Guidelines shall be adopted by a resolution of the City Council.

Enforcement of the municipal code. This chapter makes any violation of the provisions of the Santa Barbara Municipal Code, including, but not limited to, all uniform construction codes adopted by reference and as amended pursuant to Chapter 22.04 of the Code, subject to administrative fines.

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 plenary police powers as a charter city.

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.

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 (or the owner of a business where the violation is caused by or relates to the operation of a business) for all violations of the Santa Barbara Municipal Code which may occur in the City of Santa Barbara 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.

Inspections and right of entry. The officials responsible for enforcement of the Santa Barbara Municipal Code or their duly authorized representatives may enter on any site or into any structure open to the public for the purpose of investigation provided they shall do so in a reasonable manner whenever they have cause to suspect a violation of any provision of this Code or whenever necessary to the investigation of violations to the conditions of approval, operational standards, or performance standards prescribed in these regulations. If an owner, occupant or agent refuses permission to enter, inspect or investigate premises which are not open to the public, the officials or their representatives may seek an inspection warrant under the provisions of California Code of Civil Procedure Section 1822.50 et seq. All such inspections shall be conducted in compliance with the Fourth Amendment to the United States Constitution. Whenever the Director has inspected a property and finds that conditions constituting a violation of this Code exist thereon, the Director may use the procedures set forth in this chapter to enforce the provisions of this Code as authorized by law.

Notice of administrative citation issuance. The Director may issue a Notice of Administrative Citation for a violation to any person or persons whom the Director deems appropriate if the Director has determined, through investigation, that a violation exists. A person to whom a Notice of Administrative Citation is issued shall be liable for and shall pay to the City the administrative fine or fines described in the Notice of Administrative Citation when due pursuant to the provisions of this chapter.

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 plan approval, a coastal development permit, a subdivision map approval, a conditional use or performance standard permit, a zoning modification, a variance, or other discretionary approval under Title 22, Title 27, Title 28, or Title 30 of this Code) 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.

Continuing violations. Each day a violation of this Code exists shall be a separate and distinct violation and may be subject to a separate administrative fine. A Notice of Administrative Citation may charge a violation for one or more days on which a violation exists and for violation of one or more applicable Code sections.

Correction of violations at time of new or additional development. The City may require a person to correct or otherwise resolve violations of this Code existing on a parcel as a condition of issuance or approval of a discretionary permit, license, or any similar type of land use, approval for use or development of the parcel.

Contents of notice. The Administrative Guidelines as approved by the City Council pursuant to Section 1.25.010 hereof shall, among other things, identify those items of information which must be contained in the Notice of Administrative Citation issued to persons and allege a violation of this Code.

Service of notice. The Notice of Administrative Citation and any amended Notice of Administrative Citation shall be served by mail, personal service, or posting in the manner provided for in the approved Administrative Guidelines.

Proof of service. Proof of personal service of the Notice of Administrative Citation shall be documented as provided for in the approved Administrative Guidelines.

Fine schedule. The amount of fines for violating particular provisions of the Code shall be set in a schedule of fines adopted by resolution by the City Council concurrently with the ordinance adopting this chapter. The schedule may include escalating fine amounts for repeat Code violations occurring within specified periods of time.

Due date for fines. Fines are due on the day specified in the Notice of Administrative Citation, or, in the event of an appeal, as determined by the Hearing Administrator.

Paid by mail. Fines shall be paid to the Director within 30 days of the due date. Payment shall be made by check or money order. The Director, for purposes of convenience and ease of processing, may authorize payment to be made in accordance with any other method, including designating a location within the City for such payments.

Further violations. Payment of an administrative fine shall not excuse the person from correcting the Code violation. The issuance of a Notice of Administrative Citation or the payment of a fine does not preclude the City from taking any other enforcement or legal action regarding a Code violation that is not corrected, including issuing additional Notices of Administrative Citation or the initiation of criminal or Superior Court civil abatement proceedings.

Appeal to hearing administrator. Any person aggrieved by the action of the Director in issuing a Notice of Administrative Citation pursuant to the provisions of this chapter may appeal such notice to the Hearing Administrator. If no appeal is filed within 10 days of the date of issuance of the Notice of Administrative Citation, the order of the Director shall be deemed final.

Corrections. Revocation of the Notice of Administrative Citation by the Hearing Administrator or voluntary abatement of the nuisance either on or prior to the Notice of Administrative Citation due date, and any authorized extensions thereto, shall cause the case to be closed.

Contested appeals. To appeal a Notice of Administrative Citation, the person receiving the Notice (the "appellant") shall file a signed written request following the appeal procedures outlined in the Notice of Administrative Citation. An appellant may contest the Notice of Administrative Citation by denying that a violation occurred, by denying that it was not corrected within the required correction period or, if applicable, by establishing that he or she is not the owner of the real property or the owner of the business at the time the violation should have been corrected.

Receipt of an appeal request. To be effective, the appeal request must be received by the Director within 10 days of the date the Notice of Administrative Citation was issued. Where a request is mailed by the appellant, the request shall be deemed filed on the date received by the Director. The Director is authorized to designate an address on the Notice of Administrative Citation to which such appeal requests shall be mailed.

Applicable hearing administrator. The Hearing Administrator shall be designated by the City Administrator in the Administrative Guidelines.

Time and place of hearings. Hearings shall be conducted by the Hearing Administrator on the date, time, and place specified by the City.

Appeal records. The Director shall ensure that the pertinent Notice of Administrative Citation is delivered to the Hearing Administrator in sufficient time prior to the appeal hearing. Before the hearing, the Director shall also make available to the appellant a copy of any additional information concerning the Notice of Administrative Citation which will be provided to the Hearing Administrator.

Presentation of evidence. The appellant shall be given the opportunity to testify and to present evidence relevant to the Code violation specified in the Notice of Administrative Citation.

Use of reports as evidence. The Notice of Administrative Citation and any other reports prepared by City staff or by the Director concerning a Code violation or attempted correction of a Code violation that are provided to the Hearing Administrator shall be accepted by the Hearing Administrator as prima facie evidence of the Code violation and the facts stated in such documents.

Staff witnesses/additional evidence. Neither City staff nor any other representative of the City shall be required to attend the appeal hearing, nor shall the Hearing Administrator require that there be submitted any evidence, other than the Notice of Administrative Citation, that may exist among the public records of the City with respect to the violation. However, any such appearance or submission may be made at the discretion of the Director.

Continuances. The Hearing Administrator may continue an appeal hearing if a request is made showing good cause by the appellant or the Director. 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 Director 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 in accordance with subsection I below.

Rules of evidence. The appeal hearing shall be conducted informally and the legal or formal rules of evidence need not be followed. The Hearing Administrator does not have the authority to issue a subpoena.

Failure to appear. The failure of the appellant to appear at the hearing, unless the hearing was continued per subsection G above, shall constitute an abandonment of the appeal, and shall constitute a failure to exhaust administrative remedies concerning the violations set forth in the Notice of Administrative Citation.

Notice of decision. After considering all the evidence and testimony submitted at an appeal hearing, the Hearing Administrator shall issue a Notice of Decision within 10 business days to either uphold or revoke the Notice of Administrative Citation based upon the Hearing Administrator's conclusion of whether a violation occurred. The Notice of Decision shall be mailed by first class and certified mail, postage prepaid, return receipt requested, to the appellant or their designated representative within one business day subsequent to the Hearing Administrator's issuance of the Notice of Decision. The failure by the appellant to appear at the appeal hearing shall be noted on the Notice of Decision by the Hearing Administrator. The Hearing Administrator may reduce or cancel the amount of any administrative fine or revoke the Notice of Administrative Citation in unusual cases when extenuating circumstances make doing so appropriate and in the interest of justice. The decision of the Hearing Administrator shall be final.

Payment of fine after appeal decision. The filing of an appeal shall suspend any fine assessed in the Notice of Administrative Citation. In the event that the Notice of Administrative Citation is revoked, the fine shall also be revoked. In the event that the Notice of Administrative Citation is upheld, the appellant shall both abate the violation(s) and pay the fine immediately.

Applicability of government code section 53069.4. The appellant may seek judicial review of the Hearing Administrator's 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 Santa Barbara City Attorney. The appellant must pay to the Superior Court the appropriate court filing fee when the appeal is filed.

Failure to exhaust administrative appeal. 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 Administrator.

Forwarding of records to superior court. 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.

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.

Violations constitute a public nuisance. The Director 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 or to otherwise abate the violation or sanction the property owner. To compel Code compliance, the City may also seek to collect assessed fines by means of a nuisance abatement lien or special assessment against the property where a property related violation occurred in accordance with the procedures in Government Code Sections 38773.1 and 38773.5.

Lien conditions. To recover any delinquent administrative fines as a lien or special assessment on real property, the following conditions must be met:

Lien collections. The Director is authorized to take any steps necessary to enforce collection of the lien or special assessment, including, but not limited to, the following:

Notice of lien collection procedures. All Notices of Administrative Citation shall contain a notice that unpaid fines are subject to the assessment and lien collection procedures of this chapter. This notice shall satisfy the notice requirements of Government Code Sections 38773.1 and 38773.5 when a Notice of Administrative Citation is served on the person. In addition, the Director shall by first class mail send notice to each property owner at least 10 days before the City Council considers the resolution to certify the amounts of the liens and special assessments stating the date, time, and location of the meeting. The lien or special assessment shall be imposed on the date the Notice of Administrative Citation for the Code violation is issued to the responsible person and shall become effective upon the recording of a Notice of Lien or Special Assessment by the County Recorder.

Contesting certification of a lien. A person may contest the amount or the validity of any lien or special assessment for a civil fine at the public hearing when the City Council considers the resolution to certify the liens or assessments. Such contests shall be limited to the issue of the amount or validity of the lien or assessment and may not consider whether the underlying Code violation occurred. Pursuit of such a contest by a person is necessary to exhaust the administrative remedies concerning a legal challenge to the validity of any such lien or special assessment.

When the violation of a provision of this code is specifically declared to be an infraction, or

Notwithstanding any other provision of this code, any violation constituting a misdemeanor under this code may, in the discretion of the City Attorney, be charged and prosecuted as an infraction. Except as otherwise provided, each and every day that any violation of this code shall continue shall constitute a separate offense. The person committing or permitting such offenses may be charged with separate offenses for each such violation and punished accordingly.

A written notice of appeal, stating the grounds claimed for the appeal and identifying in particular all significant issues, facts and affected parties shall be filed with the City Clerk within 10 days after the day such decision is voiced, or, if a written decision is issued, within 10 days after the day such decision is issued in writing. The City Clerk shall require the payment of a fee for such appeal as is provided by resolution of the City Council or as may be ordered by the City Council for the matter.

Within 21 days of receiving the written appeal, the City Clerk shall place a recommendation before the City Council for a decision to either:

At the time and place of the hearing, the City Council or the agency, officer, commission or committee designated to hear the appeal, shall hear and receive any relevant information and documents, which may include such hearsay or other evidence which ordinary persons could be expected to consider in the conduct of business affairs.

The City Council or the agency, officer, commission or committee designated to hear the appeal may continue the hearing from time to time as may be required, or may grant or deny the appeal, in whole or in part.

Unless otherwise provided by the City Council, the decision of the City Council, or of the agency, officer, commission or committee designated by the City Council to hear the appeal, shall be final on the day such decision is issued.