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(A) Whenever the cost of graffiti removal has not been paid in full within 90 calendar days from the date upon which such payment became due and payable, the finance officer may initiate proceedings to establish and record a lien against the property.
(B) Prior to the recording of the lien, the finance officer shall prepare and file with the City Clerk a report stating, for each property for which a lien is proposed, the amount of the delinquent abatement cost, any applicable penalties and interest, and an administrative fee established by resolution of the City Council to recover the administrative costs incurred in recording the lien and carrying out the lien procedures of this subchapter.
(C) The City Clerk shall fix a time, date, and place for hearing by the City Council of the report and any protests or objections thereto.
(D) The finance officer shall cause written notice to be served on the owner of each affected property not less than ten days prior to the time set for the hearing. Such notice shall set forth the amount of the delinquent abatement cost and any penalties and interest which are due. Such notice shall be delivered by first-class mail, postage prepaid, addressed to each owner of such property to be assessed as that owner's address appears on the last equalized assessment roll or supplemental roll of the County of Humboldt, whichever is more current. Service by mail as provided for herein shall be effective on the date of mailing, and the failure of any person to actually receive such notice shall not affect the validity of the notice.
(E) At the conclusion of the hearing, the City Council may adopt a resolution confirming, discharging, or modifying the amount of the lien proposed for each affected property and order that the amount not discharged as to any property be reduced to a lien against that property.
(Ord. 639-C.S., passed 2-6-01)
Once payment in full is received by the city for outstanding administrative fines, penalties, interest, and administrative fees, the finance officer shall provide the property owner or concerned escrow company or financial institution with a notice of satisfaction of lien for recordation with the office of the County Recorder. Recordation of the notice of satisfaction shall cancel the city's lien.
(Ord. 639-C.S., passed 2-6-01)
(A) Upon conviction of any person for violation of any provision of this subchapter, or any state law pertaining to vandalism of property with a graffiti implement, the city may petition the sentencing court to impose community service time, pursuant to Cal. Penal Code § 640.6. The sentencing court may require the performance of community service within the city in addition to any monetary penalties imposed. In the event the sentencing court approves community service, in addition to any other community service time ordered by the court, the city may request any adult or emancipated minor convicted of vandalism, as defined by Cal. Penal Code § 594(a)(1) to complete a minimum of 24 hours, but not more than 48 hours, of community services cleaning up, removing and repairing property damaged by graffiti for the first conviction; and complete 48 hours, but no more than 96 hours, of community services cleaning up, removing and repairing property damaged by graffiti for each subsequent conviction.
(B) Any person who is under the age of 18 when he or she violates any provision of this subchapter or any state law pertaining to vandalism of property with a graffiti implement, and is found to be a person described in Cal. Welf. & Inst. Code § 602 by reason of the commission of vandalism, may be required to perform community service time pursuant to Cal. Welf. & Inst. Code § 728. For any minor adjudicated guilty of vandalism, the city may petition the juvenile court and the court may, in addition to any other penalties imposed by the city, require the unemancipated minor to provide the necessary labor to clean up, repair, or replace defaced, damaged or destroyed property, or otherwise make restitution to the property owner.
(C) If a minor is personally unable to pay any fine levied for violating any provision of this subchapter or is otherwise unable to make restitution for damages, the minor's parent or legal guardian shall be liable for payment of the fine or restitution. If the parent or legal guardian cannot make restitution, the sentencing court may waive payment of the fine or community service time by the parent or legal guardian upon finding of good cause. If the sentencing court waives payment of the fine by the parent or legal guardian, the city shall petition the sentencing court, and the court, at the court's option, may order the parent or legal guardian to provide the necessary labor, equal to the number of hours assigned to the minor adjudicated guilty of violating any provision of this subchapter to clean up, repair, or replace property damage by the unemancipated minor.
(Ord. 639-C.S., passed 2-6-01)
For each conviction of a person aged 13 to 21 for violation of any provision of this subchapter or any state law pertaining to vandalism of property with paint, ink, or dye from an aerosol container, or with graffiti, the city may petition the sentencing court to suspend driving privileges or delay the issuance of driving privileges in accordance with Cal. Veh. Code § 13202.6
(Ord. 639-C.S., passed 2-6-01)
PRIVATE PROPERTY
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