A. Application: This section and the imposition of a special assessment shall apply to any responsible person including a minor, and the parent(s) or legal guardian(s) having custody and control of the minor. For purposes of this section the terms "graffiti", "expense of abatement", "minor", and "responsible person" have the same meaning as specified in section 5-12-2 of this chapter.
B. Account Of Abatement Costs: The city shall keep an itemized account of the expense of abatement incurred by the city in the abatement of graffiti pursuant to section 5-12-8 of this chapter. Upon completion of the abatement work, the city shall prepare a billing statement which:
1. Specifies the work done, the itemized costs of the work for each property from which the graffiti was abated, including direct and indirect costs.
2. Describes the real property from which the graffiti was abated.
3. Includes the names and addresses of the responsible person(s) for the expense of abatement, including the names and addresses of the parent(s)/guardian(s) of the minor.
4. Advises those named in the billing statement that failure to pay the expense of abatement within sixty (60) days of its mailing may result in a special assessment, in the amount stated in the billing statement, against any real property owned by the minor or his/her parent(s)/guardian(s).
5. Advises that each person named in the billing statement shall be jointly and severally liable for the expense of abatement and the amount of such costs shall be a debt owed to the city.
6. Advises that any objection to the billing statement, including the amount billed or the imposition of a special assessment must be raised prior to the expiration of sixty (60) days from the date the billing statement is mailed, and identifies the city department wherein the objection is to be raised.
The billing statement shall be mailed by regular first class mail to the responsible person for the graffiti and to the parent(s)/guardian(s) of any minor who is a responsible person if the address of said parent(s)/guardian(s) is known. It shall be presumed that a billing statement correctly addressed and properly mailed has been received in the ordinary course of mail.
C. Objection To Billing Statement: Upon receipt of any timely objection to a billing statement, the city shall schedule an assessment hearing before the city manager or designee to hear any objections and determine the appropriateness of the billing statement and approve imposition of the special assessment. Notice of the date, time and place of the assessment hearing shall be provided to the party requesting the hearing at least fifteen (15) days prior to the hearing. Upon requesting a hearing, the city shall stay all efforts to collect the amount billed, including the imposition of an assessment, until final determination of the hearing.
D. Procedure For Special Assessment:
1. When any charges levied pursuant to this chapter remain unpaid for a period of sixty (60) days or more after the date on which they were mailed, except when an objection is timely made and hearing scheduled, the city, in its discretion, may make the expense of abatement a special assessment against a parcel of land owned by the minor or the parent/guardian having custody of the minor. If an objection to the billing statement is timely made and a hearing requested, the city may, in its discretion, after a determination approving a special assessment has become final, make the expense of abatement a special assessment against a parcel of land owned by the responsible person or the parent(s) or guardian(s) having custody and control of the minor if the responsible person is a minor.
2. At the time the assessment is imposed, the city must notify the property owner affected by the special assessment by certified mail. Such notice shall substantially comply with the following form:
NOTICE OF LIEN
Pursuant to the authority vested in the City of Reedley by the provisions of Title 5, Chapter 12 of the Reedley Municipal Code and Government Code Sections 38772 and 53069.3, the City did on or about the day of , 20 , cause the abatement of graffiti on public or private, real or personal property. The responsible person, minor, or the minor's parent(s) or guardian(s) if the responsible person is a minor, is the record owner of the real property described herein, and the City of Reedley hereby imposes a special assessment upon the real property hereinafter described, in the amount of $ , pursuant to Section 5-12-13 of the Reedley Municipal Code and Government Code Section 38773.6 for the expense of abatement. The same has not been paid nor any part thereof, and the City of Reedley does hereby claim a lien on said real property for the expense of abatement in the amount of said special assessment, and the same shall be a lien upon said real property until the sum has been paid in full and discharged of record. The real property hereinafter described may be sold after three (3) years by the tax collector for unpaid delinquent assessments.
The real property hereinafter described, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Reedley, County of Fresno, State of California, and particularly described as follows:
(DESCRIPTION OF PROPERTY)
Dated: This day of , 20
CITY CLERK
3. Immediately upon the recording of the notice of lien the assessment shall constitute a lien on the real property assessed. Such lien shall, for all purposes, be upon a parity with the lien of state, county and city taxes.
4. The notice of lien shall also be delivered to the auditor of Fresno County, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount 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 penalties and the same procedures and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the abatement and related administrative costs relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon prior to the date on which the first installment of the taxes would become delinquent, then the abatement and related administrative costs shall not result in a lien against the real property but shall be transferred to the unsecured roll for collection. (Ord. 2016-003, 8-23-2016)