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.
"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.
"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.
"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)
Enforcement Officers are authorized to enter upon and inspect any property or premises within the city, in accordance with Section
1.24.030.
(O4108; O96-007; O2006-15)
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.
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)
If a responsible person owes fines or fees for enforcement costs under this chapter, the city may collect the amounts owed pursuant to Section
1.16.050.
(O4108; O94-001; O94-022; O2006-15)
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)