(a) Pursuant to California Government Code Section 38772, a minor who creates, causes or commits a nuisance by defacing the property of another with graffiti is liable for the cost of abatement of the nuisance caused. The city may recover this cost by making the expense of abatement a lien against the property of the minor or the minor’s parent, in accordance with the procedures set forth in this chapter.
(1) For purposes of this section, the following definitions apply:
“Minor” means: (1) a minor who has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Section 594, 594.3, 640.5, 640.6, or 640.7 of the California Penal Code; or (2) a minor convicted by final judgment of a violation of Section 594, 594.3, 640.5, 640.6, or 640.7 of the California Penal Code; or (3) a minor declared a ward of the Juvenile Court pursuant to Section 602 of the Welfare and Institutions Code by reason of the commission of an act prohibited by Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code.
“Parent” means the parent or legal guardian having custody and control of a minor.
(b) Procedures.
(1) To recover the expense of abatement, the city will give notice to the minor prior to the recordation of a lien on the parcel of land owned by the minor and notice to the parent prior to the recordation of a lien on the parcel of land owned by the parent. This notice will be served in the same manner as a summons in a civil action pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the California Code of Civil Procedure.
(2) Notice when minor or parent cannot be found.
(A) If the minor, after diligent search, cannot be found, the notice may be served by posting a copy of the notice upon the property owned by the minor, in a conspicuous place, for a period of ten days. The notice must also be published pursuant to Government Code Section 6062 in a newspaper of general circulation that is published in the county in which the property is located.
(B) If a minor’s parent, after diligent search, cannot be found, the notice may be served by posting a copy of the notice upon the property owned by the parent in a conspicuous place for a period of ten days. The notice must also be published pursuant to Government Code Section 6062 in a newspaper of general circulation that is published in the county in which the property is located.
(3) A graffiti nuisance abatement lien will be recorded in the county recorder’s office in the county in which the parcel of land is located. From the date of recording, the lien shall have the force, effect, and priority of a judgment lien.
(4) A graffiti nuisance abatement lien authorized by this section will specify the amount of the lien; the name of the agency on whose behalf the lien is imposed; the date of the abatement order; the street address, legal description, and assessor’s parcel number of the parcel on which the lien is imposed; and the name and address of the recorded owner of the parcel.
(5) A graffiti nuisance abatement lien may be satisfied through foreclosure in an action brought by the city.
(6) If the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subsection (b)(4) of this section shall be recorded by the city. A graffiti nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.
(7) If the county recorder imposes a fee on the city to reimburse the costs of processing and recording the lien and providing notice to the property owner, the city may recover from the property owner any costs incurred for processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.
(c) Alternative procedure for assessment. As an alternative to the lien in subsections (a) and (b) of this section, the city may make the abatement and related administrative costs a special assessment against a parcel of land owned by the minor or by the parent, in accordance with the procedures set forth in Section 3.20.130 of this code. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and are subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the abatement and related administrative costs relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon prior to the date on which the first installment of the taxes would become delinquent, then the abatement and related administrative costs will not result in a lien against the real property but will instead be transferred to the unsecured roll for collection. Notices or instruments relating to the abatement proceeding or special assessment may be recorded.
(Ord. 790 § 19 (part), 1999)