Napa County Municipal Code Ch. 1.20 Nuisance Abatement and Criminal Violations for Code Violations

A. Pursuant to Government Code Section 25845, the board of supervisors establishes the following procedures for the purpose of abating public nuisances.

B. For the purposes of this chapter, "enforcement officer" means and includes the following and their designated agent(s), if any:

1. Director of planning, building and environmental services;

2. Director of public works;

3. (Reserved);

4. Agricultural commissioner;

5. Sheriff;

6. Such other persons as may be designated by the board of supervisors.

(Ord. 1211 § 1 (part), 2002; Ord. No. 1379, § 1, 1-29-2013)

A. Whenever in this code or in any ordinance of the county, or in any condition of a permit or license or other entitlement issued by the county, law of the state, or rule or regulation promulgated pursuant thereto, any act or failure to act is prohibited or made or declared to be unlawful or an offense or a misdemeanor, the doing of any act or failure to act shall constitute a public nuisance subject to abatement pursuant to the provisions of this chapter.

B. The provisions of this chapter shall also apply to any specific condition, act, or failure to act declared to be a public nuisance by the board of supervisors by resolution following a noticed hearing as set forth in this chapter where such condition, act or failure to act involves:

1. Any unlawful obstruction of or encroachment upon any public property, including but not limited to any public street, highway or right-of-way, park or building;

2. Any condition, act or failure to act which is dangerous to human life, or unsafe or detrimental to the public health or safety;

3. Any establishment, use or operation of buildings, land or property contrary to the provisions of the ordinances of the county; or

4. Any condition, act or failure to act constituting a public nuisance known at common law or equity.

C. In addition to abatement by the enforcement officer pursuant to this chapter, the district attorney or the county counsel is also authorized to take, initiate, conduct and conclude any actions at law or equity that he deems necessary to abate any public nuisance as defined in this section.

D. The remedies provided in this chapter are nonexclusive, and are cumulative to any other remedies available at law or equity.

(Ord. 1211 § 1 (part), 2002)

(Ord. No. 1355, § 1, 3-1-2011)

In addition to the activities enumerated as public nuisances in Section 1.20.020, it is declared to be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in the county to maintain such premises in such manner so as to be injurious to the health, or to be indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. Such public nuisances shall include, but are not limited to:

A. Overgrown, dead, decayed or diseased trees, weeds and other vegetation that, as determined by the enforcement officer:

1. Is likely to harbor rats, vermin, and other similar nuisances;

2. Constitutes a fire hazard or condition dangerous to the public health, safety and general welfare.

B. The presence or accumulation on a premises of any of the following for a period exceeding two weeks, as determined by the enforcement officer:

1. Debris, rubbish, scrap materials, and trash;

2. Broken or discarded household furnishings, appliances, boxes and cartons, and similar materials;

3. An area exceeding one hundred square feet containing lumber and building materials not being used for construction on the premises. This subsection does not prohibit the accumulation of used lumber, scraps and/or materials fabricated out of wood for use as firewood or fuel. Provided, however, that any such accumulation shall be neatly stacked and the components of such accumulation shall be sawed or otherwise reduced in size so that no piece thereof exceeds five feet in length or two feet in width;

4. Vehicle parts and tires;

5. Construction equipment and machinery except when in use for construction on the premises;

6. This section shall not apply to any property which has been approved for such storage use.

C. As determined by the enforcement official, objects including, but not limited to, unprotected and/or hazardous pools, ponds, ice boxes, refrigerators, or excavations which tend to attract children or other curious individuals, and which present a threat to the health, safety or welfare of such individuals.

D. Structures or buildings, both permanent and temporary, or other property improvements, which are subject to any of the following conditions as determined by the enforcement officer:

1. Are structurally unsafe, either entirely or in part;

2. Constitute a fire hazard;

3. A building or structure which is not completed within a reasonable time or for which the permit for such construction has expired;

4. Unoccupied buildings which have been left unlocked or otherwise open or unsecured from intrusion by persons, animals, or the elements;

5. Fences and walls which are in a hazardous condition;

6. Contain broken windows constituting hazardous conditions and inviting trespassers and malicious mischief.

E. The storage and/or maintenance of vehicles and other mobile equipment in the front areas of a property (excluding paved driveways) for more than three days.

F. Disposal of oil, gasoline, other petroleum products, noxious chemicals, pesticides, or other gaseous, liquid or solid wastes in such a manner as to constitute a health hazard or degrade the appearance of or detract from the aesthetic and property values of neighboring properties.

G. Graffiti on any residence, rental housing, multi-residential, commercial or industrial building, structure, sidewalk or driveway.

H. Any dead, diseased, infested, or dying tree or shrub on any property so near to a street, public right of way, or public utility easement so as to constitute a danger or hazard to pedestrian or vehicle travel, or persons or property other than the owner of the tree or shrub.

I. Any person owning, leasing, occupying or having charge or possession of any premises or property to permit on such premises or property any parked operable vehicle, recreation vehicle, motor home, trailer, camper, camper shell or boat to be used for a residential occupancy except on property zoned for mobile home parks or in compliance with Chapter 18.126.

(Ord. 1282 § 2, 2006)

(Ord. No. 1355, § 2, 3-1-2011)

In any action, administrative proceeding, or special proceeding to civilly abate a nuisance, attorney's fees may be recovered by the prevailing party. Recovery of attorneys' fees by the prevailing party is limited to those actions or proceedings in which the county elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the county in the action or proceeding.

(Ord. 1241 § 1, 2004)

If a public nuisance has been declared by judicial decree, after the defendant(s) receive(s) notice of entry of judgment as prescribed by law, and the time within which an appeal may be filed has expired, all procedures of this chapter shall be applicable and shall be followed in the same manner as if a resolution by the board of supervisors had been passed declaring a public nuisance to exist.

(Ord. 1211 § 1 (part), 2002)

A. Notice of Nuisance; Service. Upon the determination by the enforcement officer that a public nuisance exists, the enforcement officer is authorized to prepare a notice of nuisance and shall serve copies thereof upon the owner of the property upon which the nuisance exists as shown on the last equalized assessment roll, upon anyone known to the enforcement officer to be in possession of the property, and upon all lienholders of record. Where the enforcement officer has determined that the condition causing the nuisance is imminently dangerous to human life or limb, or to public health or safety, the enforcement officer may include in the notice of nuisance an order that the property, building or structure affected shall be vacated pending abatement of the conditions causing a nuisance.

B. Contents of Notice. The notice of nuisance shall contain the following:

1. The street address, assessor's parcel number, and other description sufficient to identify the property affected;

2. A description of the condition constituting the nuisance. If the enforcement officer determines that the condition causing the nuisance can be corrected or abated by repair or corrective action, the notice shall state the repairs or corrective actions that shall be required;

3. An order to completely abate the nuisance within a reasonable period of time, not less than two weeks, as the enforcement officer may specify;

4. A statement that if the nuisance is not abated as specified, the board of supervisors shall conduct a hearing to consider whether to order abatement of the nuisance by the owner or responsible party, or alternatively by the county, and to consider whether to levy an assessment pursuant to Sections 1.20.100 and 1.20.120 to recover the costs of such abatement. Costs of abatement shall include all enforcement investigative and administrative expenses.

(Ord. 1211 § 1 (part), 2002)

(Ord. No. 1355, § 3, 3-1-2011)

A. Notwithstanding the administrative procedures for abating a nuisance pursuant to this chapter, pursuant to subdivision (a) of Government Code Section 25845 the enforcement officer may summarily abate a public nuisance if the officer determines the nuisance constitutes an immediate threat to public health and safety. If immediate action becomes necessary, the officer may summarily abate a public nuisance even though the officer initiated an administrative proceeding under this chapter.

B. If the enforcement officer summarily abates a public nuisance the officer shall keep an account of the costs of abatement, including all enforcement investigative and administrative expenses. Thereafter, the officer shall schedule a hearing on costs in accordance with Section 1.20.090.

(Ord. 1211 § 1 (part), 2002)

(Ord. No. 1355, § 4, 3-1-2011)

Editor's note— Ord. No. 1355, § 4, adopted March 1, 2011, amended § 1.20.042 title to read as herein set out. Former § 1.20.042 title pertained to emergency abatement.

A. Notice of Nuisance Abatement—Service. If, upon expiration of the period specified in the notice of nuisance, action to abate the nuisance has not been commenced, or, if commenced, has not been prosecuted with due diligence by the responsible party or completed within the time specified, the enforcement officer shall prepare a notice of nuisance abatement and serve copies thereof upon the owner of the property upon which the nuisance exists as shown in the last equalized assessment roll, upon anyone known to the board of supervisors to be in possession of the property, and upon all lienholders of record.

B. Contents of Notice. The notice of nuisance abatement shall contain the following:

1. A heading, "Notice of Nuisance Abatement";

2. A notice to appear before the board of supervisors at a stated time and place not less than fifteen days after service of the notice, to show cause why the stated conditions should not be found to be a nuisance, and why the nuisance should not be abated by the enforcement officer;

3. The information describing the property and the nuisance to be abated, as specified in subsection (B)(1) and (2) of Section 1.20.040.

C. Discretionary Notice to Other Persons. If the enforcement officer determines it to be appropriate, the enforcement officer shall in his sole discretion also give notice of the hearing by regular mail to persons in the near vicinity of the nuisance.

(Ord. 1211 § 1 (part), 2002)

A. At the time stated in the notice, the board of supervisors shall hear and consider all objections or protests, if any, to the notice of nuisance abatement. The hearing may be continued from time to time. Upon the conclusion of the hearing, the board of supervisors may terminate the abatement proceedings, or it may order the owner or other affected person to abate the nuisance, prescribing a reasonable time for completion of abatement. The order shall also provide that in the event abatement is not commenced, conducted and completed in accordance with the terms set by the board, the enforcement officer may thereafter summarily abate the nuisance and charge the responsible party and affected property for the costs thereof pursuant to the procedure set out in this chapter. The enforcement officer shall within thirty days serve the order of the board on the owner of the property upon which the nuisance exists as shown on the latest equalized assessment roll, anyone known by the board of supervisors to be in possession of the parcel, and all lienholders of record.

B. The decision of the board of supervisors shall be final. Judicial review shall be pursuant to Sections 1094.5 and 1094.6 of the Code of Civil Procedure.

(Ord. 1211 § 1 (part), 2002)

If abatement is not commenced, conducted and completed within the time prescribed by the board of supervisors pursuant to subsection (A) of Section 1.20.060, the enforcement officer or his designee shall enter upon the property pursuant to a warrant issued by a court of competent jurisdiction for the purpose of abating the public nuisance. Pursuant to such abatement, the officer shall carry out the activities set forth in Sections 1.20.080 through 1.20.130 of this chapter, as appropriate.

(Ord. 1211 § 1 (part), 2002)

The disposition, if necessary, of any material involved in or constituting any nuisance which is abated by the enforcement officer pursuant to this chapter shall be as prescribed by the board of supervisors in its order of abatement made pursuant to Section 1.20.060.

(Ord. 1211 § 1 (part), 2002)

The enforcement officer shall keep an itemized account of the cost of enforcing the provisions of this chapter, including attorneys' fees if applicable, and of the proceeds of the sale of any materials connected therewith. Upon completion of abatement, the enforcement officer shall prepare and serve upon the owner of the property as shown on the last equalized assessment roll, anyone known by the board of supervisors to be in possession of the property, and all lienholders of record, a notice specifying:

A. The work done;

B. An itemized account of the costs and receipts of performing the work;

C. The street address, assessor's parcel number, and other description sufficient to identify the property affected;

D. The amount of the assessment proposed to be levied against the property, or the amount to be refunded, if any, due to excess proceeds over expenses;

E. The time and place where the enforcement officer will submit the account to the board of supervisors for confirmation. The time and place specified shall be not less than fifteen days after service of the notice;

F. A statement that the board of supervisors will hear and consider objections and protests to the account and proposed assessment or refund, at the designated time.

(Ord. 1241 § 3, 2004: Ord. 1211 § 1 (part), 2002)

At the time and place fixed in the notice, the board of supervisors shall hear and consider the account and proposed assessment, together with objections and protests thereto. At the conclusion of the hearing, the board may make such modifications and revisions of the proposed account and assessment as it deems just, and may order the account and proposed assessment confirmed or denied, in whole or in part, or as modified and revised. Any amount assessed shall bear interest at the rate of ten percent per annum. The board shall also determine whether the assessment, or a portion thereof, shall constitute a special assessment as provided in subsection (A) of Section 1.20.120. The determination of the board as to all matters contained in the order is final. Judicial review shall be pursuant to Sections 1094.5 and 1094.6 of the Code of Civil Procedure.

(Ord. 1211 § 1 (part), 2002)

(Ord. No. 1355, § 5, 3-1-2011)

Upon confirmation of the assessment by the board, and the failure to pay such assessed amount within thirty days of the confirmation, the enforcement officer shall prepare and record in the office of the county recorder a notice of lien. The notice shall contain:

A. The street address, assessor's parcel number, and other description sufficient to identify the property affected;

B. A description of the proceeding under which the assessment was made, including the order of the board confirming the assessment;

C. The amount of the assessment;

D. A claim of lien upon the property.

(Ord. 1211 § 1 (part), 2002)

(Ord. No. 1355, § 6, 3-1-2011)

A. If so ordered by the board, upon the recordation of the notice of lien, the amount claimed, or portion thereof as determined by the board, shall constitute a special assessment upon the described property, pursuant to Section 25845 of the Government Code. The enforcement officer shall deliver the notice of lien to the county treasurer/tax collector who shall enter the amount of the lien on the assessment roll as a special assessment. Thereafter, the amount set forth shall be collected at the same time and in the same manner as ordinary county taxes, and shall be subject to the same penalties and same procedures for foreclosure and sale in case of delinquency as provided for ordinary county taxes. Such lien shall be at a parity with the liens of state and county taxes.

B. In the alternative, after recordation, such lien for any amount not specially assessed shall have the same effect as the recording of an Abstract of Money Judgment under Article 2 (commencing with Section 697.310) of Chapter 2 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure. The lien created has the same priority as a judgment lien on real property and continues in effect until released. Upon order of the board, or any county officer authorized by the board to act on its behalf, the lien may be released or subordinated in the same manner as judgment lien on real property. The lien may be foreclosed by judicial or other sale in the manner and means provided by law.

(Ord. 1211 § 1 (part), 2002)

(Ord. No. 1355, § 7, 3-1-2011)

Editor's note— Ord. No. 1355, § 7, adopted March 1, 2011, amended § 1.20.120 title to read as herein set out. Former § 1.20.120 title pertained to Lien—Effect.

Editor's note— Ord. No. 1355, § 8, adopted March 1, 2011, deleted § 1.20.130, which pertained to Lien—Collected with taxes and derived from Ord. No. 1211 § 1(part), 2002.

A. No person shall hinder, interfere with or impede the enforcement officer in his performance of duties assigned by this title, or other titles of this code.

B. A violation of this section constitutes a misdemeanor.

(Ord. 1211 § 1 (part), 2002)

Pursuant to Section 25845.5 of the Government Code of the state of California, if a second or subsequent civil or criminal judgment is entered within a two-year period which finds that an owner of property is responsible for a condition constituting a public nuisance as defined in this chapter, other than a condition which may be abated pursuant to Section 17980 of the Health and Safety Code of the state of California, the court entering the second or subsequent judgment may order the owner to pay treble the costs of abatement if the condition is then abated by the county pursuant to the procedures set forth in this chapter. The amount of such treble damages shall be determined, levied and collected in accordance with the procedures set forth in Sections 1.20.090 through 1.20.130 of this chapter.

(Ord. 1211 § 1 (part), 2002)

Whenever in this code or in any ordinance of the county or in any rule or regulation promulgated pursuant thereto any act is prohibited or made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful or a misdemeanor or infraction, where no specific penalty is provided, the violation of any such provision of this code, or any other ordinance, rule or regulation of the county, shall be punishable as follows:

A. If designated as an infraction, the violation thereof shall be punishable in accordance with Government Code Section 25132 as follows:

1. A violation of local building and safety codes by a fine not exceeding one hundred dollars for a first violation, five hundred dollars for a second violation of the same ordinance within one year, and one thousand dollars for each additional violation of the same ordinance within one year.

2. All other violations by a fine not exceeding one hundred dollars for a first violation, two hundred dollars for a second violation of the same ordinance within one year, and five hundred dollars for each additional violation of the same ordinance within one year.

B. In all other instances, the violation shall be a misdemeanor punishable in accordance with Government Code Section 25132(a) and Penal Code Section 19 by imprisonment in the county jail for not more than six months, a fine not exceeding one thousand dollars, or both.

(Ord. 1270 § 1, 2005: Ord. 1241 § 4, 2004: Ord. 1211 § 1 (part), 2002)

A. Injunctive Relief and Abatement. Whenever, in the judgment of the enforcement officer, any person is engaged in or about to engage in any act or practice which constitutes or will constitute a violation of any provision of Napa County ordinances or any rule, regulation, order, permit or conditions of approval, upon the request by the enforcement officer, the county counsel or district attorney may commence civil proceedings for the abatement, removal, correction and enjoinment thereof, and requiring the violator to pay civil penalties and/or abatement costs.

B. Civil Remedies and Penalties. Any person, whether acting as principal, agent, employee, owner, lessor, lessee, tenant, occupant, operator, contractor or otherwise, who willfully violates the provisions of Napa County ordinances or any rule, regulation, order, permit or conditions of approval issued thereunder, shall be liable for a civil penalty not to exceed one thousand dollars for each day or portion thereof, that the violation continues to exist. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the violator, whether corporate or individual, and any corrective action taken by the violator.

(Ord. 1241 § 2, 2004)

Each and every day any violation of this code or of any ordinance of the county, or of any condition of a permit or license or other entitlement issued by the county, law of the state, or rule or regulation promulgated pursuant thereto continues shall, unless otherwise provided, constitute a distinct and separately punishable offense.

(Ord. 1211 § 1 (part), 2002)

(Ord. No. 1355, § 9, 3-1-2011)

A. Wherever in this chapter notice is required to be given, it shall be given by certified or registered mail, postage prepaid, and by conspicuously posting on the property within one day after the date of mailing. Notice shall be deemed effective when it is deposited in the mail.

B. The failure of the owner or any other person to receive any notice required by this chapter to be given shall not affect the validity of any proceedings taken pursuant thereto.

(Ord. 1211 § 1 (part), 2002)