.010 The Community Preservation Manager and Community Preservation Officers shall have the duty and authority to enforce Titles 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, and 18 of the Anaheim Municipal Code; Sections 17560 through 17568, and Sections 22435 through 22435.5 of the California Business and Professions Code; Sections 374.3, 594 and 594.1 of the California Penal Code; Sections 17920.3, 17926 and 13113.7 of the California Health and Safety Code; and Section 6404.5 of the California Labor Code; and are further authorized and directed, pursuant to Section 836.5 of the California Penal Code and Section 1.01.390 of the Anaheim Municipal Code, to investigate violations, to arrest persons, to prepare, issue and deliver to any such arrested person written notice to appear in court, and to release such person from custody, upon receiving his or her written promise to appear in court for any violation or violations of these provisions of the Anaheim Municipal Code and of State law.
.020 Nothing in this section is intended to or shall operate to change or shall have the effect of changing the status of the Community Preservation Manager, Community Preservation Officers, or other designated employees from public or miscellaneous employees of the City of Anaheim to an individual peace officer or safety member for purposes of retirement, Workers' Compensation or similar injury or death benefits, or any other employee benefits to which said officer or employee would not have been entitled to as a public employee prior to adoption of this section.
.030 There is hereby imposed, upon each person who receives a notice of violation of any of the above-referenced provisions of the Municipal Code or State law, an inspection fee, in such amounts as set from time to time by the City Council, which may be assessed for each inspection or reinspection conducted pursuant to this section. Any such initial inspection fee and first reinspection fee shall be waived and shall not be imposed, when the particular violation for which an initial inspection and first reinspection is conducted is fully abated and corrected within the time and manner specified in the notice of violation. This fee is intended to provide full cost recovery for administrative and operational costs, based on actual time expended for unnecessary inspections, and not for enforcement of the law. Any fees imposed shall be separate and apart from any fines or penalties imposed for violation of the law. The amount of any fee imposed shall be deemed a civil debt due and owing to the City of Anaheim. For purposes of this subsection, the term “initial inspection” shall mean any inspection of the premises which results in the issuance of a notice of violation of any of the above-referenced provisions of the Municipal Code or State law.
.040 Graffiti Abatement and Cost Recovery.
.0401 Property defaced by graffiti or other inscribed material (as defined in Section 38772 of the Government Code, or any successor provision thereto) is hereby declared to constitute a public nuisance. The City, acting by and through its authorized employees, contractors or agents, may summarily abate, or cause the summary abatement of, any such nuisance, in the event the owner of the property upon which the nuisance exists has not caused the complete abatement thereof, following receipt of notice of violation from the City and within the time and manner specified in such notice. There is hereby imposed upon each commercial business or industrial property owner a graffiti removal fee, in such amounts as set from time to time by the City Council, which may be assessed for each graffiti removal conducted by the City pursuant to this section, after two complimentary removals by the City conducted pursuant to this section, when the particular violation for which a graffiti removal is not fully abated or corrected as directed by, and within the time and manner specified in, the notice of violation. This fee is intended to provide full cost recovery for administrative and operational costs, based on actual time expended for habitual graffiti removals for commercial property owners, and not for enforcement of the law. Any fees imposed shall be separate and apart from any fines or penalties imposed for violation of the law.
.0402 Any charges assessed pursuant to subsection .0401, for the abatement of any nuisance resulting from the defacement of property by graffiti or other inscribed material, shall be a lien against the property on which said nuisance is maintained, and a personal obligation against the owner of such property. Notice of said lien shall be provided prior to recording thereof to the owner of record of such parcel, and shall contain all information required under Government Code Section 38773.1, or any successor provision thereto. Such notice shall be served on the owner in the same manner as a summons in a civil action. Any lien so recorded may be foreclosed by an action brought by the City for a money judgment. Should such lien be satisfied, discharged or released by payment or foreclosure, notice thereof shall be recorded by the City. (Ord. 4458 § 2; November 1, 1983: Ord. 4895 § 1; January 26, 1988: Ord. 4963 § 1; September 27, 1988: Ord. 5392 § 1; September 21, 1993: Ord. 5478 § 1; February 14, 1995: Ord. 5774 § 8; July 24, 2001: Ord. 5925 §§ 1, 2; June 22, 2004: Ord. 5959 § 2; March 8, 2005: Ord. 5967 § 1; May 10, 2005: Ord. 6306 § 1; October 7, 2014.)