Napa: selling a car that's junk or won't run

What Chapter 10.64 covers

The chapter "deals with the abatement and removal of abandoned, wrecked, dismantled of inoperative vehicles on private or public property," and it runs a vehicle abatement program under the Vehicle Code sections that begin at 22660. The council's findings in Section 10.64.020 declare such a car, "on private or public property not including highways," a public nuisance. Section 10.64.100 lets the City Manager or a designated representative begin removal whenever one turns up.

The chapter exempts a car kept lawfully on private property "in connection with the business of a licensed dismantler, licensed vehicle dealer, or a junkyard." A homeowner's driveway is not that kind of business.

The hearing clock, step by step

1. Notice of intention. Napa sends a notice of intention to abate and remove by mail, one to the property owner and one to whoever owns the car.
2. Ten days to answer. A hearing happens only if one of them asks the City Manager's office "within 10 days after the mailing of the notices." With no timely request, the city can remove the car "without holding a public hearing," on the City Manager's written order, filed with the City Clerk.
3. Hearing notice. If someone asks, notice of the hearing goes out by registered mail "at least 10 days before the hearing date."
4. The decision. The Board can order the car removed and fix the administrative and removal costs "to be charged against the owner of the land."
5. Disposal. The car can go to a scrapyard or dismantler 10 days after the order. When notice of the decision is required, it is 10 days from that mailing. After an appeal, it is five days after the City Council approves removal.

There is a quicker path for a landowner who did not leave the car there. A sworn, written statement denying responsibility, sent within the 10-day window, counts as a hearing request "which does not require his or her presence."

A second car after an abatement

Napa keeps track. The code makes it unlawful for anyone who "has previously had any vehicle owned by him or her or placed on his or her land abated" to leave another vehicle in that state. The only exception is a landowner the hearing cleared. If the city has already towed one car from your lot, a second dead car there is a fresh violation, not a fresh start.

Towed cars and storage liens

State law lets a car on a public street be towed when it sits "72 or more consecutive hours" against a local parking rule. From then on, the Napa tow yard has a possessory lien on the car, as Civil Code 3068.1 provides. A Napa yard has 15 days from the lien arising to begin lien-sale steps on a car whose value is $4,000 or less. A Napa tow yard first mails a Notice of Pending Lien Sale. The car gets sold 31 to 41 days after that. To put it in front of a judge, return a Declaration of Opposition within 10 days.

Walking away from it does not end the matter. When an abandoned car is impounded in Napa and nobody claims it, Vehicle Code 22523 has the last registered owner cited. The Napa owner owes whatever the lien sale leaves unpaid, unless a report of sale was filed before. Towed or impounded sets out the choices.

Title, smog and plates for a Napa sale

Titles are a state job in California, handled at DMV field offices rather than by Napa County. A Napa sale needs the seller's signature on the title, plus a lienholder's if there is one. Next, your Napa buyer turns it in and pays the $15 transfer fee. For a private sale, the DMV doesn't ask the seller to see a notary. A lost title starts with REG 227, which costs $28; replacements usually come by mail in 15 to 30 days. See junk car with no title.

Whether smog applies turns on where the car ends up. One headed for a dismantler is exempt. If not, a Napa seller needs a Smog Check first. The Napa exemptions cover electric cars and motorcycles. Also exempt in Napa: diesels from 1997 or earlier, gas cars from 1975 or earlier, and gas or hybrid cars from the four newest model years.

A car left unregistered with no Planned Non-Operation (PNO, REG 102) filing still owes the fees and late penalties for each skipped year. Standard plates go along with the car to whoever buys it. Send REG 138 to the DMV inside 5 days, and tickets from after the sale become the buyer's.

California prints no flood brand. A car that an owner or insurer decides is not worth repairing after water damage gets the Salvaged brand, the same as a car totaled in a crash. Flood-damaged car explains what that means for a sale.

Around Napa

In a straight line, American Canyon lies 8.5 miles south. Vallejo is 13.4 miles, Fairfield 14.8 and Petaluma 18.2. Statewide rules are on the California page.

Getting an offer

Reach us at (877) 421-6008 or through the form. Describe the car, its mileage and whether it fires up, and say whether the title is in your name. Our truck goes to the Napa car, be it on a driveway by the river, in a lot at the town's edge, or at a repair shop where it has sat for weeks.