A. Recovery Of Abatement Costs: Pursuant to Government Code section 38772(a) each responsible person shall be responsible to the city for the expense of abatement. The city may seek to recover the expense of abatement by any means authorized by law, including, but not limited to, imposing a special assessment against property owned by the responsible person in accordance with the procedures set forth in section 5-12-13 of this chapter.
B. Parents Liable For Expense Of Abatement: Pursuant to Government Code section 38772(b) a minor and the parent(s) or guardian(s) having custody and control of said minor are jointly and severally liable to the city for the expense of abatement. The expense of abatement may become a special assessment against the property owned by the minor and/or the property owned by the parent(s) or guardian(s) having custody and control of the minor. The procedures set forth in section 5-12-13 of this chapter shall be followed for the imposition of a special assessment lien.
C. Recovery Of Damages: Alternatively, the city may seek recovery of damages, including the expense of abatement, pursuant to Civil Code section 1714.1(b), jointly and severally against the parent(s) or guardian having custody and control of a minor whose act of wilful misconduct resulted in the defacement of property of another with paint or similar substance.
D. Preservation Of Evidence: The police department may promulgate procedures for the preremoval preservation of sufficient evidence of the graffiti or other inscribed material for criminal prosecution or proceedings. Said procedures shall be followed by the city prior to or during removal of the graffiti or other inscribed material. (Ord. 2016-003, 8-23-2016)