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(A) If a person files, pursuant to § 9.57.110(B), a written objection to a notice to abate or a property owner refuses to consent to entry of city employees or contractors upon the property to abate graffiti, the city shall serve notice on the property owner and/or objecting person and set a hearing on abatement before the City Manager or his or her designee (“hearing officer”).
(1) The notice of hearing shall indicate the location of the property, the location of the graffiti on the property, the time and place of the hearing, the manner of the proposed abatement, and that an opportunity will be given to present evidence on why the graffiti should not be abated. The notice shall be given at least seven days prior to the hearing.
(2) Based upon the evidence presented at the hearing, the hearing officer shall determine whether the graffiti shall be abated within two days of the date of the hearing. The decision of the hearing officer shall be final. If an order to abate is issued, the owner or person in charge or control of the property shall have a period of ten days to comply. If the graffiti has not been abated after the 10 day period, the city shall have the authority to enter upon the property and eradicate the graffiti upon obtaining a warrant as required by law.
(B) If the city removes or paints over graffiti on property pursuant to an order of abatement, the city may charge the property owner applicable labor and material costs for the removal of graffiti. The City Director of Public Works or his/her designee shall keep an account of costs (including, but not limited to, the actual expenses for the preparation of notices, specifications and contracts, inspecting the work, and the costs of printing and mailing) of abating such graffiti on each separate parcel of land where the work is done. At the time and place fixed for receiving and considering the report, the City Council shall hear and pass upon the accounting of costs of abatement, together with any objections or protests. The City Council shall make any revision, correction or modification in the cost report as it may deem appropriate, after which the City Council, by motion, shall confirm the original or modified cost report. The decision of the City Council on all protests and objections which may be made shall be final and conclusive. The total cost for abating such nuisance, as confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the Los Angeles County Recorder of a notice of lien, shall constitute a lien on the property for the amount of such assessment. After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.
('86 Code, § 9.57.120) (Ord. 4251, passed - - )