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Discouraging dumping on rural roads
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April 1, 2001
One of the most frustrating drawbacks of owning real property which fronts on a
road in the unincorporated area of Napa County is the dumping of garbage along
that road frontage. Penal Code Section 374.3 and related sections makes such
dumping a crime and sets forth the punishment for conviction. One group of
property owners along one of our rural county roads has organized a neighborhood
watch to deal with this problem.
First, the group cleaned up the existing dumpsites along their road at their own
expense so that they could start with a clean slate. They then circulated a list
of cars and trucks owned by residents to the neighbors participating in the
program. Neighbors watched for any vehicle not on that list that looked like it
could be carrying material to be dumped (loaded trucks, etc.). If such a vehicle
was sighted and if the circumstances were appropriate, the driver of the vehicle
was contacted by a resident to determine their intentions. If contact seemed
inappropriate, discreet surveillance was initiated. Several potential dumpers
were discouraged in this manner.
When, in spite of these preventive efforts, trash is discovered along their
road, the residents investigate to see if they can obtain a clue as to whose
garbage was dumped. If the probable owner is identified, then at least two
witnesses view the site, the garbage is photographed and a map made showing the
exact location of the site. The group then cleans up the trash, keeping copies
of appropriate material and a record of their time and expenses for the clean
up.
The neighborhood watch group then sends a certified letter to the person
identified as the possible owner of the garbage describing the actions they have
taken. They enclose a copy of a Dumping Violation Report which was sent to the
Sheriff's office at the same time as the certified letter. The letter gives the
owner of the garbage the option of paying the group the costs they have expended
for the clean-up by a date certain. The alternative is recourse to the small
claims and criminal courts. The certified letter serves as the first demand for
payment required in the small claims process. If nothing is heard in response to
the certified letter, the group then asks the Sheriff to proceed with a
complaint to the District Attorney's office. The group also initiates a parallel
small claims action.
To date, the initial letter has been enough to compensate the group for the
funds expended and to motivate the individuals contacted to keep better track of
their garbage in the future. The group continues to stay in touch with the
Sheriff and the District Attorney to insure that they are following the
appropriate steps should a future incident end up in court. The key issue is to
identify the person who was the owner of the garbage because it is often
impossible to identify the person who dumped the garbage. The owner of the
garbage is considered as responsible for the clean-up costs and any violation of
the law as is the person who dumped the garbage.
This particular Neighborhood Watch has been very successful in discouraging
dumping along the road that serves their properties. Other residents with rural
road frontage who believe their neighbors might wish to pursue this option to
keep their properties and our county roads free of illegal dumping may contact
the Napa County Sheriff administration at 253-4501 to learn more about starting
a neighborhood watch program.
Should you have any other questions please contact Napa County Assessor John
Tuteur at 707.253.4459 or by e-mail jtuteur@co.napa.ca.us
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