(A) Summary Abatement. The City may summarily abate any nuisance resulting from the defacement of the property of another by graffiti or any other inscribed material at the expense of the minor or other person creating, causing, or committing the nuisance and make the expense of abatement of the nuisance a lien against the property of the person and a personal obligation against that person.
(1) The determination of responsibility shall be presumed by any confession, admission, guilty plea, or plea of nolo contendere to any violation of Section 594, 594.3, 640.5, 640.6, or 640.7 of the California Penal Code.
(2) In the case of a minor, responsibility shall be presumed by any confession, admission, or by the minor being 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
(B) Joint and Several Liability of Parent(s) or Guardian(s). The parent or guardian having custody and control of a minor committing a nuisance described in Subsection (A), shall be jointly and severally liable with the minor for the expense of abatement. The unpaid expense of abatement of any nuisance resulting from the defacement of the property of another by graffiti or any other inscribed material shall become a lien against the property of a parent or guardian having custody and control of the minor, and a personal obligation against the parent or guardian having custody and control of the minor.
(C) Definitions. For purposes of this Section, the following definitions apply:
(1) “Expense of abatement” includes, but is not limited to, court costs, attorney’s fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the City in identifying and apprehending the minor or other person.
(2) “Minor” or “other person” means a minor or other person 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 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 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.
(D) Procedures.
(1) Collection of Expenses of Abatement. Upon the determination of the expense of abatement, the City, Board of Public Works or its designated representative, shall send an abatement expense statement to the responsible person(s) pursuant to Subsection (A), and if applicable, Subsection (B), above. Payment shall be due fifteen (15) calendar days from the service of the abatement expense statement.
(2) Notice and Hearing.
(a) Within ten (10) calendar days of the mailing of the abatement expense statement, any person served with an abatement expense statement may file with the City representative who issued the statement, a written request for a hearing on the correctness, reasonableness, or both of such claim of abatement costs.
(b) Upon receipt of the written request for a hearing, the City representative who issued the statement shall send notice describing the time and place of such hearing by the United States mail, postage prepaid, addressed to the requesting party’s last-known address at least five days in advance of the hearing.
(c) At the hearing, upon request, the city representative shall receive all evidence presented by the responsible person and by the City. Thereupon, the City representative shall make such revision, correction, and modification to the statement as deemed warranted, after which the statement as submitted, or as revised, corrected, or modified, shall be confirmed. The decision of the City representative shall be final.
(d) Suspension of Abatement Costs. The obligation to pay the expenses of abatement otherwise required under subsection (D)(1) of this section shall be suspended during the pendency of any hearing provided for under this Subsection. Upon the City representative rendering a decision following a hearing, payment of the confirmed or otherwise revised, corrected, or modified abatement expense statement shall be made within ten (10) calendar days following service of the City representative’s decision upon the responsible person.
(3) Lien Against Property for Unpaid Expenses.
(a) The City may make the unpaid expenses of abatement a lien against the property of the person committing a nuisance described in Subsection (A), above, and, where such person is a minor, against the property of the parent or guardian having custody and control of such minor.
(b) Notice of Intent to Lien. Notice of Intent to record a lien shall be given to the minor or other person and to the parent or guardian having custody and control of the minor prior to the recordation of any lien. Said notice shall be served in the same manner as a civil action in accordance with the Code of Civil Procedure Section 415.10. If the minor or other person, and/or the parent or guardian having custody and control of the minor, after diligent search, cannot be found, the notice may be served by posting a copy of the Notice in a conspicuous place upon the property for a period ten (10) days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Government Code Section 6062.
(c) Recordation. A graffiti nuisance abatement lien shall be recorded in the County Recorder’s Office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.
(d) Specific Data. A graffiti nuisance abatement lien authorized by this section shall 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.
(e) Discharge. If the lien is discharged, released, or satisfied through payment or foreclosure, notice of the discharge containing the information specified in Subsection (d), above, shall be recorded by the governmental agency. A graffiti nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.
(f) A graffiti nuisance abatement lien may be satisfied through foreclosure in an action brought by the City.
(g) The City may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.
(E) Alternative Procedure for Assessment.
(1) As an alternative to the nuisance lien described in subsection (A) and (B), above, the City may make the costs associated with the expense of abatement, as defined in Subsection (C), above, a special assessment against the parcel of land owned by the person committing a nuisance described in Subsection (A), above, and, where such person is a minor, against the property of the parent or guardian having custody and control of such minor.
(2) The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes pursuant to Government Code Section 38773.7.
(F) Second or Subsequent Civil or Criminal Judgment.
(1) Upon the entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property or a minor or other person as defined in this Section is responsible for a condition that may be abated in accordance with this provision, except of conditions abated pursuant to Section 17980 of the Health and Safety Code, the court may order that person to pay treble the costs of the abatement.