The following are declared to be public nuisances within the corporate limits of the city and it shall be the responsibility of the owner, occupant, agent or person having charge of the property, upon which such nuisances exist, to abate such nuisances at his or her own expense whenever they may exist:
A. 
All weeds, thistles, rank grass, brush, berry vines and dead or dying trees located on private property (including sidewalk area), streets and alleys;
B. 
All rubbish, trash, inoperative and/or abandoned vehicles, and all other such accumulations that contribute to the fuel load or hinder the clearing of properties or delay fire fighting operations (including alleys and sidewalks).
(Rev. Code 1954 § 7401; O2082; O2303; O3008; O4303)
The Council by resolution shall establish how vegetation removal must be accomplished and the methods and materials to be used. Vegetation removal shall be accomplished by June 1st of every year.
(Rev. Code 1954 § 7401; O1301; O1558; O3008; O4303)
It is declared to be the duty of the fire prevention bureau to notify any person failing to comply with the provisions of the foregoing section to comply therewith by written notice served in the manner hereinafter provided.
(Rev. Code 1954 § 7402; O2303)
Notice required by this chapter shall be given by service by certified mail of the following notice upon the owner and may be given to the occupant or agent (if known) in charge of the property, land or lot, or by posting the notice on the property. Service on one owner of property in multiple ownership shall be deemed in compliance with this section.
The notice shall be substantially in the following form:
NOTICE TO ABATE PUBLIC NUISANCE
Notice is hereby given that Napa Municipal Code Sections 8.24.010 to 8.24.110 require you as the owner(s) of the real property identified as parcel # to remove the seasonal and recurrent weeds, thistles, rank grass, brush, berry vines, dead or dying trees, rubbish and trash, inoperative and/or abandoned vehicles, and other accumulations that contribute to the fuel load or hinders clearing of properties or interferes with fire fighting operations (including alleys and sidewalks). These conditions are declared to be a public nuisance and exist on or in front of:
_________________________________________________________ Specifically, by_____________________________________ the following work must be completed:
Upon your failure to do so, the Fire Prevention Bureau will perform the work and charge the cost (plus an administrative fee) to you as the property owner. If the bill is not paid, the charge will become a lien against the property and collected at the same time and manner that other property taxes are collected.
You may request an extension of time within which to complete this work by submitting a written request to the Fire Prevention Bureau within five days of the date of this notice. (Section 8.24.050(A), Request for Extension).
You may appeal this order to the Fire Chief by filing a written statement of appeal with the City Clerk of the City of Napa within 10 days after posting this notice. (Section 8.24.050(B), Appeal From Notice).
Dated:__________
No. ______________________________________
Fire Prevention Bureau
(Rev. Code 1954 § 7403; O1301; O2082; O2303; O3008; O3091; O4303)
A. 
Request for Extension of Time. The owners of, or any person interested in the property, land or lot affected by the notice posted and served pursuant to Section 8.24.040, may request an extension of time for removal of the weeds, grass, berry vines, brush, rubbish or trash, as the case may be; said request shall be submitted to the Fire Prevention Bureau within five days of the date of posting of the notice pursuant to Section 8.24.040.
The Fire Prevention Bureau shall notify the property owner, in writing, within five days of date of request for extension, whether or not said extension shall be granted and the date by which abatement shall take place.
B. 
Appeal from Notice. Within 10 days from the date of posting of the notice required pursuant to Section 8.24.040, or in case of registered or certified mail notice, within 10 days from the date of the registered or certified mail service thereof, whichever is later, the owner of, or any person interested in the property, land or lot affected by such notice, may appeal to the Fire Chief from the requirements thereof. Such appeal shall be in writing and shall be filed with the City Clerk. The Fire Chief shall hold a meeting with the person appealing and the Fire Prevention Bureau and shall proceed to hear and pass upon such appeal; the decision thereon shall be final and conclusive.
(Rev. Code 1954 § 7404; O1301; O2952; O3008)
Unless within 10 days from the date of posting of the notice provided for in Section 8.24.040, or in case of registered or certified mail notice within 10 days from the date of the registered or certified mail service thereof, whichever is later, or in case of appeal to the Fire Chief, within 10 days from the date of the determination thereof, unless the same is sustained, the weeds, grass, brush, rubbish or trash, as the case may be, are removed from said property, land or lot, as directed by said notice, or by the Fire Chief on appeal, the Fire Prevention Bureau shall thereupon remove or cause the same to be removed. If upon appeal, the requirements of the original notice are modified, the Fire Prevention Bureau in removing or causing to be removed such weeds, grass, brush, rubbish or trash shall be governed by the determination of the Fire Chief so made.
(Rev. Code 1954 § 7405; O1301; O2082; O2303; O3008)
Any expense which the city incurs as a result of having weeds, grass, brush, rubbish or trash, as the case may be, removed, shall be charged to the property owner, and in addition to the actual expense incurred there shall be charged to said owner an overhead charge of 10% of the removal costs with a minimum of $100.00, each occurrence, per parcel to defray the costs of inspection and mailing of notices.
(Rev. Code 1954 § 7405; O1487; O2082; O2303; O2753; O2779; O4105)
The Fire Prevention Bureau shall keep, or cause to be kept, in its office a permanent record book showing the description of each piece of property or lot from which weeds, grass, brush, rubbish or trash are removed under the provisions of this chapter, the name of the owner thereof, if known, the date of posting of notice herein provided for, or in case of registered or certified mail service, the date of such registered or certified mail service, and in case of appeal, the date of the determination of the Council, and the expenses incurred in the removal of such weeds, grass, brush, rubbish or trash, and an overhead charge as detailed in Section 8.24.070 of this chapter.
(Rev. Code 1954 § 7406; O1301; O1487; O2082; O2303; O2753; O2799; O3094; O4105)
A. 
Any person affected or aggrieved by any act or determination of the Fire Prevention Bureau concerning costs incurred under this chapter may appeal there from to the Council by filing notice thereof in writing with the City Clerk within 10 days after receipt of cost.
B. 
Within 30 days after receipt of a written appeal, the Council shall proceed to hear and pass upon such appeal on the matter of costs and its determination thereupon shall be final and conclusive and the Fire Prevention Bureau shall carry out any directions of the Council made upon appeal and shall cause appropriate corrections and entries to be made in its said record book to conform therewith.
(Rev. Code 1954 §§ 7407, 7408; O1448; O2303; O96-002)
At the expiration of the time for appeal provided for in Section 8.24.090 or upon the determination of the Council upon appeal and on compliance with the requirements of any determination so made, such amounts so expended shall become a lien against the respective property charged therewith and the Fire Prevention Bureau shall deliver to the City Auditor an abstract of the entries in the record books herein provided to be kept by it for said work, showing the property affected and the amount charged against the same.
(Rev. Code 1954 § 7409; O2303)
The City Auditor shall thereupon note the amount of each such charge on the assessment books of the city after the amount of taxes assessed against the respective lots is charged, and thereafter the amount of each such charge shall be collected in the same manner and at the same time as city taxes, and if not so paid, the same penalties shall be added as are now or may hereafter be added to delinquent taxes, and thereafter the property upon which it is a lien shall be sold and be subject to redemption in the same manner as property is now sold for delinquent taxes. The provisions of this section shall not apply to any piece of property, land or lot, the charge against which has been paid prior to the delivery to the City Auditor of said abstract, but in such case an appropriate entry shall be made in said record book by said Fire Prevention Bureau showing that such charge has been paid.
(Rev. Code 1954 § 7410; O1301; O2303)