Napa County Code Chapter 8.36 (the Napa County Fire Hazard Abatement Ordinance) declares uncontrolled growth and accumulation of weeds, combustible vegetation, green waste, and rubbish a public nuisance, requires owners to abate within 14 days of an order, and authorizes county abatement at the owner's expense with lien recovery.
Section 8.36.010 names the chapter the 'Napa County Fire Hazard Abatement Ordinance.' Section 8.36.020 makes findings under California Health and Safety Code Sec. 14930 that the uncontrolled growth and/or accumulation of prohibited materials creates a condition that is a fire hazard and is injurious to public health, safety, and welfare and to first responders, and declares the presence of such prohibited materials within defensible space (and at other locations specified in the chapter) to be a public nuisance subject to abatement. Section 8.36.030 defines 'prohibited materials' as combustible vegetation, green waste, rubbish, or weeds. Section 8.36.060 lists the abatable conditions (see Tree Trimming entry). Section 8.36.090 authorizes the enforcement officer (fire marshal, assistant fire marshal, engine company officer, fire inspector, or designee) to issue an order to abate giving the owner 14 calendar days to comply. Section 8.36.110 requires service by posting and by personal delivery or First Class plus certified mail in substantially the form set out in the section (titled 'Notice to Abate Fire Hazard'). Section 8.36.100 allows summary abatement by county personnel or contractors if the owner fails to comply. Sections 8.36.160 and 8.36.170 itemize cost recovery (work cost plus administrative expenses, including protest and appeals hearing costs); Section 8.36.180 authorizes a lien on the property if costs are not paid. The chapter expressly preserves the authority of the agricultural commissioner to eradicate noxious weeds under the California Food and Agricultural Code. The Napa County Defensible Space Guidelines (May 2021) are incorporated by reference under Sec. 8.36.060(H).
Owners served with a Notice to Abate Fire Hazard have 14 calendar days to remove the nuisance. Failure to comply results in summary abatement by county personnel or contracted crews, with all direct and administrative costs (including investigation, boundary determination, and appeal-hearing expenses) charged to the parcel owner. Unpaid charges are recorded as a lien on the property under Sec. 8.36.180. Owners may request an extension under Sec. 8.36.120 within 10 days, or appeal to the fire chief under Sec. 8.36.130 within 10 days; an appeal stays the abatement order until decided.
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