(A) Criminal Penalties.
(1) The civil and administrative penalties set forth in this section are not exclusive and may be used in addition to those set forth elsewhere in this Code or by other law.
(B) Civil Penalties.
(1) Irrespective of and cumulative to any criminal conviction for an act of graffiti or any final adjudication by the Juvenile Court or placement on a supervised program by the probation officer under the provisions of the Welfare and Institutions Code of the State of California for such act, any person who violates any provision or fails to comply with any requirement or provision of this Article, shall be liable for a civil penalty in a civil action brought by the City Attorney in an amount not to exceed one thousand dollars ($1,000.00) for each violation. Each day of such conduct and each separate and distinct property victimized by an act of graffiti shall be considered a separate and distinct violation. The civil penalty prescribed by this Subsection may be sought in addition to, and not in lieu of, any other remedy, including, but not limited to, criminal remedies, injunctive relief, specific performance, or any other remedy.
(2) Determining the Amount. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including but not limited to: costs to the City relating to cleanup of graffiti caused by such person, costs to law enforcement incurred in identifying and apprehending such person, special costs to the City in the form of the payment of any reward in connection with any criminal action against such person, the degree of offense to the public as determined by the magnitude, form and visual prominence of the graffiti, the history of previous violations by the person committing graffiti, the assets, liabilities and net worth of the person, and any corrective action taken by the person committing the graffiti.
(C) Administrative Penalties.
(1) Any person who violates any provision or fails to comply with any requirement or provision of this Article shall be subject to an administrative fine as specified in Section 49.93.
(a) The administrative fine prescribed by this Subsection may be sought in addition to, and not in lieu of, any other remedy, including, but not limited to, criminal remedies, injunctive relief, specific performance, or any other remedy.