The property values and general welfare of this community are founded in large part upon the appearance and maintenance of properties. There is a need for further emphasis on maintenance. The abatement of public nuisances is reasonably related to the proper exercise of the police power in protecting the public health, safety and welfare. The abatement of such conditions will enhance the appearance of properties and will improve the tax base of the city.
The purpose of this chapter is to provide the city with nuisance abatement remedies that may be pursued to prevent, discourage, abate or otherwise address any code violations.
(O2006-15)
For the purposes of this chapter:
"City Manager"
means the City Manager of the City of Napa, or designee of the City Manager.
"Code"
is as defined at Section 1.04.030.
"Day"
is as defined at Section 1.04.030.
"Emergency"
means any code violation, public nuisance or any condition which poses an imminent or immediate danger of significant harm to persons or property, or so endangers the public health or safety.
"Emergency abatement"
means the summary abatement of any emergency by the City Manager in accordance with the procedures set forth under Section 8.16.090.
"Enforcement costs"
is as defined at Section 1.16.050.
"Enforcement Officer"
is as defined at Section 1.24.020.
"Hearing Officer"
means a person appointed under Section 1.16.060.
"Nuisance factors"
means any condition which causes one or more of the following: a detriment to the health or safety of surrounding persons or property; a harborage for rodents or pests; an attractive nuisance; substantially interferes with the reasonable enjoyment of property by neighbors; visual blight from public streets; reduces the aesthetic appearance of the neighborhood from public streets; is offensive to the senses from public streets; or detrimentally affects property in the surrounding neighborhood or community.
"Owner" or "property owner"
means the owner(s) of record, as recorded on the latest equalized assessment roll at the Napa County Tax Assessor's office, for the affected property.
"Responsible person"
is as defined at Section 1.16.010.
"Solid waste,"
for the purpose of this chapter, means "solid waste" and "construction and demolition debris and wastes" and "hazardous waste" as those terms are used and defined at Section 5.60.010, as well as any dust, dirt, litter, debris, or waste. "Solid waste" also includes any unused personal property (such as fixtures, appliances, furniture, or equipment) which is stored in a manner not authorized by the city.
"Street,"
for the purpose of this chapter, means "street, public" and "right-of-way," as defined in Section 17.06.030.
(O2006-15; O2014-15, 11/18/14)
A. 
Violation a Public Nuisance. A condition caused or permitted to exist in violation of this code is a public nuisance. Each and every day, or portion thereof, during which a code violation is committed, continued, or permitted by any person shall be a separate violation.
B. 
Abatement or Other Enforcement. The condition may be abated in accordance with the procedures in this chapter, other enforcement procedures identified in Chapter 1.16, enforcement remedies found within specific chapters of the code, or remedies available under any applicable state or federal statute or under any other lawful power the city may possess.
(O4108; O94-001; O2006-15)
It is unlawful and declared a public nuisance for a responsible person to maintain real property in a manner that any of the following conditions exist:
A. 
Codes. A building, use or condition which violates any provision of this code, including Title 15 and Title 17, and including:
1. 
Is a fire hazard as defined in the California Fire Code;
2. 
Violates the California Building, Mechanical, Electrical, Plumbing, Mechanical, Housing, or other Codes adopted by the city (including those set forth in Title 15);
3. 
Violates the city's zoning ordinance, Title 17;
4. 
Violates a local, state or federal law relating to health, safety or environmental protection.
B. 
Public Property.
1. 
Maintenance on an interim or permanent basis of any obstruction on real property owned by the city (including any property held in fee title, easement, or the public right-of-way) unless the obstruction has been duly authorized in writing by the city (such as an encroachment permit under Chapter 12.08).
2. 
Maintaining any barbed wire on a fence or post fronting on public property without first obtaining written permission to do so from the city.
C. 
Buildings. A building or structure which:
1. 
Is abandoned, partially destroyed for a period of at least six months, or left in an unreasonable state of partial construction. An "unreasonable state of partial construction" is defined as an unfinished building or structure that has been in the course of construction two years or more and represents one or more of the nuisance factors.
2. 
Is deteriorating or in disrepair so that it represents one or more of the nuisance factors.
3. 
Is unpainted, or has dry rot, warping, or termite infestation. This includes a building on which the condition of existing paint has become so deteriorated as to permit substantial decay, checking, cracking, peeling, chalking, dry rot, warping, or termite infestation on 50% or more of the building.
4. 
Has missing doors and/or windows containing broken and/or no glass. (Plywood or other materials used to cover such window space and/or doors, if permitted under this code, shall be painted in a color or colors compatible with the remainder of the building.)
5. 
Has accumulated solid waste in vestibules, doorways, or the adjoining sidewalks, passages, or breezeways for 72 consecutive hours or more.
6. 
Has graffiti which remains on the exterior of the building, fence or other structure for 72 consecutive hours or more and is visible from a public street or other city property.
D. 
Exterior and Yards.
1. 
Solid waste which by reason of its location and character represents one or more of the nuisance factors.
2. 
Polluted or stagnant water which, because of its nature or location, represents one or more of the nuisance factors.
3. 
A wall, fence, gate, driveway, sidewalk, walkway, alley or boat dock which for 72 consecutive hours or more is maintained in such a condition of deterioration or disrepair that it represents one or more of the nuisance factors.
4. 
Any accumulation, disposal, or keeping of solid waste which (a) is visible from a public street for at least 72 consecutive hours; or (b) represents one or more of the nuisance factors. Nothing in this section precludes the placement of stacked firewood for use on the premises.
5. 
Any accumulation, disposal, or keeping on the premises for an unreasonable period of time dirt, sand, gravel, concrete, or other similar materials that represent one or more of the nuisance factors, except when used for current excavation, construction or demolition projects for which an active building permit has been obtained.
6. 
Storage of abandoned, wrecked or dismantled vehicles, including recreational vehicles as defined in Health and Safety Code Section 18010, for at least 72 consecutive hours.
7. 
The leaving of any garbage can or refuse container in a public street for more than 48 hours after collection day.
8. 
Construction equipment or machinery parked or stored on property for at least 72 consecutive hours when it is readily visible from a public street, except while excavation, construction or demolition operations covered by an active building permit is in progress on the property or where the property is zoned for such storage.
9. 
Dead, decayed, diseased, or hazardous trees, weeds, and overgrown vegetation which are allowed to remain on property for at least 72 consecutive hours which are a hazardous condition to pedestrian and/or vehicular traffic and/or which represent one or more of the nuisance factors.
10. 
The placement of clotheslines in front yards, or the drying of laundry or washed articles on front porch, stair railing, fence, hedge, or other structures located in front yards for the purpose of drying them where they are visible from any public street.
11. 
Improper maintenance of a sign or failure to remove a sign which advertises a business or product which is no longer sold on the property. (See also Chapter 17.55, regarding signs.)
12. 
Any property with an unauthorized accumulation of hazardous waste, such as pooled oil accumulation, oil flowing onto public rights-of-way or adjacent property, or excessive accumulations of grease or oil on paved surfaces, buildings, walls, or fences.
13. 
Property maintained for 72 consecutive hours or more in such a condition as to be detrimental to the public health, safety, or general welfare.
(O4108; O94-001; O94-022; O96-009; O2006-15; O2019-001, 1/15/19)
A. 
General. Whenever an Enforcement Officer determines a code violation has occurred or exists, the Enforcement Officer has the authority to issue to any responsible party a written notice to appear or abate the public nuisance. The notice shall order the cited responsible party to correct the violation or appear at a hearing and show cause why such condition should not be abated by the city at the responsible party's expense.
B. 
Contents of Notice. The notice to appear or abate shall include the following information. The failure of a notice to satisfy all of the requirements of this subsection shall not affect the validity of any other enforcement proceedings under this code.
1. 
Each of the requirements of Section 1.24.040(B);
2. 
A statement that upon the failure to appear for the hearing, or the failure to correct and abate a condition which is determined to constitute a violation, the Hearing Officer may order the violation(s) abated, and may order the responsible party to pay a fine and to bear the costs of the abatement including all enforcement costs incurred by the city.
C. 
Method of Service. Any notice to appear or abate, or any other notices required to be given pursuant to this chapter, shall be served in accordance with Section 1.24.100.
D. 
Compliance. If the Enforcement Officer determines that all violations have been corrected or the public nuisance eliminated (including payment of all required fines and fees) within the time specified in the notice of violation, the Enforcement Officer shall dismiss the notice of violation and cancel the hearing. To the extent the Enforcement Officer determines that a person is not responsible for some or all of a previously paid administrative fine or fee, the Enforcement Officer shall refund the appropriate amount. The Enforcement Officer shall notify the person to whom the citation was issued in writing, and make a written notation in the file explaining why the citation was dismissed and why any fine or fee was refunded.
(O4108; O94-001; O94-022; O2006-15)
A. 
Hearing Date. The Enforcement Officer shall schedule a show cause hearing before an administrative Hearing Officer, pursuant to Section 1.24.080.
B. 
Hearing Officer's Determination. The Hearing Officer shall make a written decision pursuant to Section 1.24.090.
(O4108; O94-001; O2006-15)
A. 
Emergency Abatement Authorized. Notwithstanding any other provision of this code, whenever the City Manager determines there is an emergency, the city may act immediately and without prior notice or hearing to abate the condition. Following the determination of an emergency, the City Manager shall consult with the City Attorney. Any emergency abatement under this section shall be authorized in writing by the City Manager.
B. 
Limitation. Emergency abatement shall be limited to those actions necessary to eliminate the immediate threat posed by the emergency.
C. 
Notice. If necessary to protect the public safety or the environment, emergency abatement may proceed without prior notice to or consent from the occupant or owner thereof, and without judicial warrant. Before the emergency abatement, the Enforcement Officer shall make attempts to contact the owner by phone or in person. Notice of the emergency abatement shall be provided to the owner or other responsible person as soon as practical, using the applicable procedures under Section 8.16.060.
D. 
Costs. The expense or cost resulting from the emergency abatement is enforceable against the responsible party in accordance with Section 1.16.050.
(O2014-15, 11/18/14)
Any person aggrieved by a decision of a Hearing Officer pursuant to this chapter may seek judicial review pursuant to Section 1.16.070. If timely judicial review is not pursued in accordance with Section 1.16.070, the final decision of the Hearing Officer shall be deemed confirmed.
(O94-001; O2006-15)