(A) When a person has admitted or has been found guilty in a judicial proceeding of being the responsible party for placing graffiti upon any property, such person or, if a minor, the minor and the parent or guardian having custody and control of the minor are responsible for the expense of the abatement as defined in § 5-1.101.
(B) Notice of hearing. If a hearing is requested, Neighborhood Improvement Services shall give the person or, if a minor, the minor and the parent or guardian having custody and control of the minor not less than 48 hours notice of a hearing to be held by the hearing officer for the purpose of showing cause why the city should not recover the expense of abatement from the person placing the graffiti or, if a minor, from the parent or guardian having custody and control of the minor. The notice shall contain:
(1) The street address and such other description as is required to identify the premises.
(2) A statement specifying the conditions that constituted the graffiti nuisance.
(3) A statement specifying that the person created, caused, or committed the graffiti nuisance.
(4) An accounting of the expense of abating the nuisance.
(5) An order to the person or, if a minor, to the minor and the parent or guardian having custody and control of the minor to appear before a hearing officer at a stated time, but in no event less than 48 hours after having mailed such notice, to show cause why the city should not recover the expense of abatement from the person or, if a minor, from the minor and the parent or guardian having custody and control of the minor.
(6) A statement advising the person or, if a minor, the minor and the parent or guardian having custody and control of the minor that they have the option of voluntarily paying the expense of abatement prior to the date set for the hearing. If such persons choose to pay the expense prior to the date set for hearing, they must so advise the Coordinator of Neighborhood Improvement Services in writing of the date payment will be made. If the payment is made by that date, the hearing will be taken off the calendar. The responsible party may request a continuance of the hearing pursuant to Section 5-1.403(F).
(C) Service of hearing notice. The hearing notice, and any amended or supplemental notice, shall be served upon the person or, if a minor, upon the minor in the same manner as a summons in a civil action pursuant to Cal. Civ. Proc. Code § 416.60 and shall be served upon the parent or guardian having custody and control of the minor in the same manner as a summons in a civil action pursuant to Article 3 (commencing with Section 415) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure (Cal. Civ. Proc. Code § 415 et seq.).
(D) Hearings - generally. The hearing shall be conducted in the same manner as a hearing for a property owner pursuant to § 5-1.403.
(E) Form and contents of decision; finality of decision.
(1) The decision of the hearing officer shall be in writing and shall contain findings of fact and a determination of the issues presented.
(2) The decision shall also inform the applicant that the time for judicial review is governed by the Cal. Civ. Proc. Code § 1094.6. Copies of the decision shall be delivered promptly to the parties personally or sent to them by certified mail. However, nothing herein shall extend the time for performance. The decision shall be final when signed by the hearing officer and served as provided in this chapter.
(F) Service of the hearing officer decision. Upon issuance of the decision, Neighborhood Improvement Services shall serve a copy on the person or, if a minor, upon the minor and the parent or guardian having custody and control of the minor, in the same manner as set forth in § 5-1.403(K).
(Ord. 931-C-S, passed 9-30-97)