§ 8.20.090. Abatement—Notice of intent—Hearing.

A.

At least ten days' notice of intention to abate and remove a vehicle or parts thereof, as a public nuisance shall be given.

B.

The notice of intention to abate shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll, and to the last registered and legal owner, or owners, of record of the vehicle, unless it is in such condition that identification numbers are not available to determine ownership.

C.

The notices of intention shall be in substantially the following forms:

NOTICE OF INTENTION TO ABATE AND REMOVE
AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE
OR PARTS THEREOF AS A PUBLIC NUISANCE

Notice mailed ________(date)

(Name and address of owner of the land)

As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to Section 8.20.080 of the Napa County Code has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to _______, license number _______, which constitutes a public nuisance pursuant to the provisions of Chapter 8.20 of said Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the county and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located. In lieu of removal you may abate the nuisance by completely enclosing the vehicle or parts within a building in a lawful manner where it is not visible from the highway or other public or private property or completely enclosing the vehicle or parts behind a solid six-foot fence constructed in a lawful manner so that it is not visible from the highway or other public or private properties.

As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing, and if such a request is not received by the undersigned within such 10-day period, the designated officer shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, you may present a sworn written statement as aforesaid in time for consideration at such hearing.

s/___________(Designated Officer)

NOTICE OF INTENTION TO ABATE AND REMOVE
AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE
OR PARTS THEREOF AS A PUBLIC NUISANCE

Notice mailed ________(date)

(Name and address of last registered and/or legal owner of record of vehicle—notice should be given to both if different)

As last registered (and/or legal) owner of record of (description of vehicle—make, model, license, etc.), you are hereby notified that the undersigned pursuant to Section 8.20.080 of the Napa County Code has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Chapter 8.20 of said Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice. In lieu of removal you may abate the nuisance by completely enclosing the vehicle or parts within a building in a lawful manner where it is not visible from the highway or other public or private property or completely enclosing the vehicle or parts behind a solid six-foot fence constructed in a lawful manner so that it is not visible from the highway or other public or private properties.

As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing, and if such a request is not received by the undersigned within such 10-day period, the designated officer shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

s/___________(Designated Officer)

D.

A notice of intention to abate shall not be required if:

1.

The landowner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or parts thereof, or

2.

All of the following conditions are satisfied:

a.

The vehicle or parts thereof is inoperable due to the absence of a motor, transmission, or wheels and is incapable of being towed;

b.

The vehicle or parts thereof is valued at less than two hundred dollars by the director or an appraiser designated by the director;

c.

The director, sheriff, California Highway Patrol, or their designees have determined that the vehicle or parts thereof is a public nuisance presenting an immediate threat to public health or safety;

d.

The owner of the land has signed a release authorizing the removal and waiving further interest in the vehicle or parts thereof; and

e.

The vehicle or parts thereof is located upon a parcel that is either zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units.

E.

If a vehicle or parts thereof is removed pursuant to subsection (D)(2) of this section, prior to final disposition the registered and legal owner shall be provided mailed notice of the intent to dispose of the vehicle or parts thereof. If the vehicle or parts thereof is not claimed and removed from the scrapyard, automobile dismantler's yard or public disposal area within twelve days after the notice to dispose of vehicle is mailed, final disposition may proceed.

(Ord. 1283 § 1 (part), 2006: Ord. 1091 § 1 (part), 1995: Ord. 446 § 1 (part), 1974: prior code § 4710)

(Ord. No. 1379, § 39, 1-29-2013)