Should the City Manager be required to abate the graffiti as a public nuisance, as set forth in § 9.04.230 C., the City may recover, pursuant to Cal. Gov't Code § 38773, the costs of abatement through the assessment of a lien against the property on which the nuisance is maintained.
A. Prior to the recordation of a lien against property for the recovery of abatement and related administrative costs, the City, in accordance with Cal. Gov't Code §§ 38773.1 or 38773.5, shall provide written notification, by registered or certified mail, to the property owner that a lien will be assessed against their property and such costs will constitute a lien upon the land until paid. The notice of lien shall for purpose of this Subchapter be in form substantially as follows:
NOTICE OF LIEN
Pursuant to Cal. Gov't Code §38773 and the authority of Ordinance of the City of Culver City, the City Manager of the City of Culver City did on or about the day of , 20 , cause the removal of graffiti at the premises hereinafter described in order to abate a public nuisance on said real property; and the City Council of the City of Culver City did on the day of , 20 , assess the cost of such abatement upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Culver City does hereby claim a lien for such costs of abatement in the amount of said assessment to wit: the sum of dollars; and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.
The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Culver City, County of Los Angeles, State of California, and particularly described as follows:
Dated this day of , 20 .
City Clerk, City of Culver City
B. Between the first and fifteenth day of July of each year, the City Manager shall cause to be published in the official newspaper of the City a notice that any person affected or aggrieved by an act or determination of the City or the City Manager in connection with the provisions of this Subchapter may appeal to the City Council. An appeal shall be in writing and shall be filed with the Office of the City Clerk prior to the fifteenth day of July with the appropriate fee, or from time to time thereafter may be determined by the Council, the City Council shall hear and render a decision upon each appeal, and the determination of the Council shall be final and conclusive. In the event any determination of the City Manager is modified by determination of the City Council or any assessment changed or corrected, the City Manager shall cause the correction to be made upon the record showing the assessment.
C. The appellant shall bear the burden of proof which shall be a preponderance of evidence. Oral testimony unsupported by physical evidence is disfavored.
D. At the expiration of the time for appeal, or upon the determination by the City Council of all appeals so filed, and in compliance with the requirements of any determination so made, the City Manager shall deliver to the County Auditor of the County of Los Angeles an abstract of each lot or parcel of land within the City affected by this Section and the amount of each such charge to be placed upon the assessment roll against the respective parcel. Thereafter, the charges shall be of the same character and effect, subject to the same penalties, and shall be collected in the same manner and at the same time as City taxes. The provision of this Section shall not apply to any lot or parcel of land if the charge against it has been paid prior to the delivery of the abstract to the County Auditor.
E. No charges for removal of graffiti shall be imposed until after six (6) months from the date of the adoption of this Subchapter unless amended by the Culver City Council.
('65 Code, § 22-10.8) (Ord. No. 94-027 § 3 (part); Ord. No. 2006-009 § 22 (part))