(A) Recovery of Costs. The City shall recover all costs incurred to remove graffiti and repair or replace graffiti damaged real or personal property within the City. These costs may be recovered as follows:
(1) Criminal Prosecution. A person who suffers a conviction for committing an act of graffiti who is granted probation, or any minor who is found to be a person described in California Welfare and Institutions Code Section 602 as a result of committing an act of graffiti shall make restitution to the victim, in addition to any other penalties prescribed by law.
(2) Civil Action.
(a) Adult Defendants. The City Attorney may bring and maintain a civil action in the name of the City of Los Angeles in the Superior Court to obtain a money judgment against the defendant for any amount not ordered or collected by the criminal court, including, but not limited to, all attorney’s fees, court costs, and civil penalties incurred in connection with the civil prosecution of any claim for damages or reimbursement.
(b) Juvenile Offender. The City Attorney may bring and maintain a civil action in the name of the City of Los Angeles in the Superior Court to obtain a money judgment against the juvenile offender and/or the juvenile offender’s parent(s) or guardian(s) having custody and control of the minor for any amount not ordered or collected by the juvenile court, including, but not limited to, all attorney’s fees, court costs, and civil penalties incurred in connection with the civil prosecution of any claim for damages or reimbursement.
(c) Parental Liability. Any parent or legal guardian of a minor shall be personally liable for any and all costs to the City or any person or business incurred in connection with the removal of graffiti caused by conduct of said minor, and for all attorney’s fees, court costs, and civil penalties incurred in connection with the civil prosecution of any claim for damages or reimbursement up to twenty-five thousand dollars ($25,000).
(3) Administrative Hearing. An administrative order may be sought for violations relating to graffiti offenses against the responsible person(s) and/or, if the responsible person is a minor, against the parent(s) or guardian(s) having custody and control of the minor.
(4) Lien and Personal Obligation. The expense of abating the graffiti nuisance shall constitute a lien against, and be a personal obligation of, the minor or other person creating, causing, or committing the nuisance. The parent(s) or guardian(s) having custody and control of the minor shall be jointly and severally liable with the minor for the expense of abatement.
(B) Selecting the Remedy. Selecting the appropriate remedy to be sought lies within the sole discretion of the Los Angeles City Attorney’s office and shall be consistent with the purpose and intent of this Article. This includes, but is not limited to, alternative sentencing options, such as parenting classes, counseling, and other forms of remedial education.
(C) Disposition of Funds Collected. All funds collected pursuant to this section shall be deposited into the Graffiti Technology and Recovery Fund established pursuant to the Los Angeles Administrative Code Sections 5.552, 5.553 and 5.554. These monies shall be utilized for the purposes authorized for expenditure from that Fund.
(D) Remedies Not Exclusive. Remedies provided for the enforcement of this Article are in addition to and do not supersede or limit any and all other remedies provided by law. The remedies provided herein are cumulative and not exclusive.