A. Notice and Conduct of Due Process Hearing.
The Director of Maintenance Services ("hearing officer") shall give not less than forty-eight hours' notice, served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure (If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Section 6062) to the party who is responsible for the maintenance of a parcel of property containing graffiti ("property"), and, if a different person is the owner of record on the parcel of land or which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current, then to the owner also, of a "due process" hearing at which the responsible party shall be entitled to present evidence and argue that his or her property does not contain graffiti. The determination of the hearing officer after the due process hearing shall be final and not appealable. If, after the due process hearing, regardless of the attendance of the responsible party or his agent, the hearing officer determines that the property contains graffiti, the hearing officer shall give written notice ("eradication order") that, unless the graffiti is removed within five days thereafter, the City shall enter upon the property, cause the removal, painting over (in such color as shall meet with the approval of the Maintenance Services Director) or such other eradication thereof ("eradication effort") as the Maintenance Services Director determines appropriate, and shall provide the responsible party thereafter with an accounting of the costs of such eradication effort on a full cost recovery basis.
B. Eradication Effort.
Not sooner than the time specified in the order of the hearing officer, the Maintenance Services Director or his designee shall implement the eradication order, and shall provide an accounting to the responsible party of the costs thereof ("eradication accounting").
C. Cost Hearing.
If the responsible party fails to request a hearing before the hearing officer on the eradication accounting ("cost hearing"), or, if requested, a cost hearing is conducted after extending due process to the responsible party, and after such a cost hearing, the hearing officer determines that all or a portion of the costs are appropriately chargeable to the eradication effort, the total amount set forth in the eradication accounting, or such amount thereof determined as appropriate by the hearing officer, ("assessed eradication charges") shall be due and payable by the responsible party within thirty days.
D. Lien.
If all or any portion of the assessed eradication charges remain unpaid after thirty days, pursuant to the authority created by law, such portion thereof as shall remain unpaid shall constitute and is declared to constitute a lien on the property which was the subject matter of the eradication effort. The Director of Maintenance Services shall present a resolution of lien to the City Council, and upon passage and adoption thereof, shall cause a certified copy thereof to be recorded with the Orange County Recorder's Office and with the Orange County Auditor/Controller. The amount of such charges shall be collected at the same time and in the same manner as ordinary municipal taxes. If delinquent, the amount of such charges shall be subject to the same penalties and the same procedure for foreclosure and sale, as are provided for ordinary municipal taxes. (Ord. 2833 (part), 1993).