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Where a structure is owned by a public entity other than the city, the removal of the graffiti may be authorized only after securing the consent of an authorized representative of the public entity having jurisdiction over the structure.
(Ord. 18 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 11.80.080)
The city manager or his/her designee shall keep an account of costs (including incidental expenses) of abating such nuisance on each separate parcel of land where the work is done and shall render an itemized report in writing to the city council showing the cost of abatement; provided, that before the report is submitted to the council, a copy shall be served on the owner by personal service or by regular mail, at least ten days prior to the hearing, together with a notice of time when the report shall be heard by the council for confirmation.
A. The city council shall set the matter for hearing to determine the correctness and reasonableness of such costs.
B. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts and in inspecting the work, and the costs of printing and mailing required hereunder.
(Ord. 18 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 11.80.090)
At the time and place fixed for receiving and considering the report, the city council shall hear and pass upon the report of such costs of abatement, together with any objections or protests. Thereupon, the city council may make such revision, correction or modification in the report as it may deem just, after which, by motion, the report as submitted or as revised, corrected or modified shall be confirmed. The decision of the city council on all protests and objections which may be made shall be final and conclusive.
(Ord. 18 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 11.80.100)
A. The total cost for abating such nuisance, as confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on the property for the amount of such assessment.
1. After such confirmation and recordation, a copy shall be filed with the assessor and the tax collector of the county, acting for the city, in order that the county officials may add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or
2. After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.
B. Such notice of lien for recordation shall be in form substantially as follows:
NOTICE OF LIEN
(Claim of City of Murrieta)
(Claim of City of Murrieta)
Pursuant to the authority vested by the provisions of Section __________ of the Murrieta Municipal Code, the City Manager of the City of Murrieta did, on or about the _____ day of _________, 19_____, cause the painting over or removal of graffiti at the premises hereinafter described in order to abate a public nuisance on said real property; and the City Council of the City of Murrieta did on the ______ day of ________, 19_____, assess the cost of such abatement upon the real property hereinafter described, and the same has not been paid nor any part thereof; and that said City of Murrieta does hereby claim a lien on said property for such costs of abatement (the sum of $_______); and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.
The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land in the City of Murrieta, County of Riverside, State of California, and particularly described as follows:
(Description)
DATED: This _________ day of ________, 19_____.
__________________________
City Clerk of the City of
Murrieta, California
City Clerk of the City of
Murrieta, California
(Ord. 18 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 11.80.110)
Any owner, lessee, occupant, or other interested person having any objections or feeling aggrieved at any proceeding taken on appeal by the city council in ordering the abatement of any public nuisance under the provisions of this chapter, must bring an action to contest such decision within ninety (90) days after the date of such decision by the city council. Otherwise, all objections to such decision shall be deemed waived pursuant to Chapter 2.28 of this code.
(Ord. 18 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 11.80.120)