City of American Canyon Law Library
City of American Canyon Municipal Code.

9.04.070 Notice to abate public nuisance.

(A) Contents of Notice. Whenever the city manager or the community development director or designee finds that a nuisance, as declared in Section 9.04.030, exists on any property located within the city, the owner and any tenant or occupant or other person having charge or possession of the property shall receive a written notice. The notice shall:

(1) Describe the property sufficient to identify the location of the public nuisance;

(2) Identify the nuisance and reference the section(s) of this code that have been violated;

(3) Direct abatement of the nuisance by a specified date;

(4) State the available methods of abatement;

(5) Contain a statement of the hearing rights of the owner or occupant of the property on which any public nuisance is located; and

(6) Indicate that if no request for hearing is made or that if after a hearing an order of abatement is issued, and the nuisance is not properly abated, then the city may abate the nuisance and charge the expenses as a personal obligation and/or a special assessment or lien against the property.

The amount of time allowed to abate a nuisance shall be determined by considering the severity of nuisance and its effect on the health, safety, welfare and aesthetics of the community.

(B) Service of Notice. A notice to abate shall be mailed, by registered or certified mail, to the owner and occupant of property, or shall be served upon the owner or occupant in person. The notification shall be sent to the owner at the address appearing on the latest tax assessment roll and if there is no such address, then in care of the property address. In addition to personal service or service by registered or certified mail, notice to abate shall be posted on two conspicuous places on the affected property attested to by affidavit of city official Service shall be deemed complete at the time the notice is personally served or deposited in the mail with the correct amount of postage affixed and is posted on the affected property as described. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken pursuant to this chapter.

(C) Property Owner Definition. The term "property owner" or "owner" as used in this chapter, shall mean the owner or owners of record of real property as shown on the last Napa County equalized assessment roll or supplemental roll, whichever is more current.