(A) For purposes of this section, the following words and phrases shall have the following meanings:
(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 in identifying and apprehending the person responsible for placing graffiti or other inscribed material on property of another.
(2) MINOR - A person less than 18 years of age who falls into one of the following categories:
(a) Has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Cal. Penal Code, Section 594, 594.3, 640.5, 640.6, or 640.7;
(b) Has been convicted by final judgment of a violation of Cal. Penal Code, Section 594, 594.3, 640.5, 640.6, or 640.7; or
(c) Has been declared a ward of the Juvenile Court pursuant to Cal. Welfare and Institutions Code, Section 602 by reason of the commission of an act prohibited by Cal. Penal Code, Section 594, 594.3, 640.5, 640.6, or 640.7.
(3) PERSON OTHER THAN A MINOR - A person who has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Cal. Penal Code, Section 594, 594.3, 640.5, 640.6, or 640.7.
(B) When the city abates graffiti or other inscribed material placed on public or private property by a minor, the city manager or designee may impose a lien for the expense of abatement against the property of the minor or against the property of the parent or guardian having custody and control of said minor, and the expense of abatement shall be a personal obligation against the minor or against the parent or guardian having custody and control of the minor.
(C) When the city abates graffiti or other inscribed material placed on public or private property by a person other than a minor, the city manager or designee may impose a lien for the expense of abatement against the property of said person, and the expense of abatement shall be a personal obligation against the person.
(D) If the city manager or designee imposes a lien for the expense of abatement as set forth in subdivisions (B) or (C) of this section, the city manager or designee shall provide notice to the person who owns the property upon which the lien is being imposed prior to the recordation of the lien. The city manager or designee shall serve the notice in the same manner as a summons in a civil action pursuant to Cal. Code of Civil Procedure, Part 2, Title 5, Chapter 4, Article 3 (commencing with Section 415.10).
(E) If the person who owns the property upon which the lien is being imposed cannot be located after diligent search, the city manager or designee may serve the notice by posting a copy of the notice upon the property in a conspicuous place for a period of ten days. The city manager or designee shall also publish the notice pursuant to Cal. Code of Civil Procedure, Section 6062 in a newspaper of general circulation that is published in the county in which the property is located.
(F) All liens imposed pursuant to subdivisions (B) or (C) of this section shall be recorded in the county recorder's office in the county in which the parcel of land is located and shall contain the following information:
(1) The amount of the lien;
(2) The name and agency on whose behalf the lien is imposed;
(3) The date of the abatement order;
(4) The street address, legal description, and assessor's parcel number of the parcel on which the lien is imposed; and
(5) The name and address of the recorded owner of the parcel.
(G) If a lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subdivision (F) of this section shall be recorded by the city. A lien and the release of a lien shall be indexed in the grantor-grantee index.
(H) Any lien imposed pursuant to subdivisions (B) or (C) of this section may be satisfied through foreclosure in an action brought by the city.
(Ord. No. 2708, 2827)