A. Recovery of Expense of Abatement. The city shall be entitled to recover the expense of abatement from a minor and the parent or guardian, or other person. The recovery of the expense of abatement shall be according to the provisions of this section.
B. Notice and Order. The head of the neighborhood services anti-graffiti program may issue a notice and order to a minor and the parent or guardian, or other person, to recover the expense of abatement from the minor and the parent or guardian, or other person. The notice and order shall contain the following:
1. The street address and such other description as is required to identify the premises;
2. A statement specifying the conditions that constituted the graffiti nuisance;
3. A statement specifying that the minor or other person created, caused, or committed the graffiti nuisance;
4. An accounting of the expense of abating the nuisance;
5. A statement advising the minor and the parent or guardian, or other person, that they may request a hearing to contest the order within thirty (30) calendar days after mailing of the order;
6. A statement advising the minor and the parent or guardian, or other person, that they have the option of voluntarily paying the expense of abatement prior to the date set for the hearing. If the minor, the parent or guardian, or other person choose to pay the expense prior to the date set for hearing, they must so advise the head of the neighborhood services anti-graffiti program in writing of the date payment will be made. If the payment is made by that date, the hearing will be taken off the calendar. The minor, the parent or guardian, or other person, may request a continuance of the hearing pursuant to subsection K of this section.
C. Service of Hearing Notice. The notice and order shall be served upon the minor and the parent or guardian, or the other person, in the manner prescribed by subsection F of this section.
D. Proof of Service of Notice and Order. Proof of service of the notice and order shall be certified by written declaration under penalty of perjury executed by the person effecting service, declaring the time, date, and manner in which service was made.
E. Hearing.
1. All requests for hearing shall be made to the head of the neighborhood services anti-graffiti program.
2. All requests for hearing to contest an order shall be made in writing within thirty (30) calendar days after mailing of the notice and order.
3. Whenever the minor, the parent or guardian, or other person, requests a hearing, the head of the neighborhood services anti-graffiti program shall issue a hearing notice to the requesting party allowing that party to appear before a hearing examiner to show cause why the city should not recover the expense of abatement from the minor and the parent or guardian, or other person. The hearing notice shall contain a statement that all interested persons may attend and testify at the hearing.
4. If a request for hearing is not filed within the time set forth in subsection (E)(2) of this section, the order shall be deemed final.
F. Service of Hearing Notice. The hearing notice shall be served upon the requesting party either personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, not less than ten (10) calendar days prior to the hearing date.
1. In the event that the minor, the parent or guardian, or other person, refuses to accept certified, return receipt mail, or cannot personally be served, service may be made by substituted service. In lieu of personal delivery of a copy of the notice, a notice or any amended or supplemental notice may be served by leaving a copy during usual office hours in his or her office with the person who is apparently in charge, and by thereafter mailing by first-class mail a copy of the notice to the owner at the address where the copy of the notice was left. Or, a notice of any amended or supplemental notice may be served by leaving a copy at the owner's dwelling, usual place of abode, or usual place of business in the presence of a competent member of the household or a person apparently in charge of his or her office or place of business, at least eighteen (18) years of age, and thereafter mailing by first-class mail a copy of the notice to the owner at the address where the copy was left.
2. In the event the minor, the parent or guardian, or other person, refuses to accept certified return receipt mail or cannot be personally served and has a property manager, or rental agency overseeing the premises, substituted service may be made as set forth in subsection (F)(1) of this section upon the property manager or rental agency.
3. If the minor, the parent or guardian, or other person lives out of state and will not accept certified, return receipt mail, then service may be made by first-class mail.
4. If the minor, the parent or guardian, or other person, cannot be located after a diligent search, service may be made by publication in a Sacramento newspaper of general circulation which is most likely to give actual notice to the minor and the parent or guardian, or to the other person.
G. Proof of Service of the Hearing Notice. Proof of service of the hearing notice shall be certified by written declaration under penalty of perjury executed by the person effecting service, declaring the time, date, and manner in which service was made.
H. Failure to Effect Service. Failure to effect service in any person specified herein shall not invalidate proceedings against any person who is properly served, or relieve any such person from any duty or obligation imposed by the provisions of this section.
I. Hearings-Generally. At the time set for hearing, the hearing officer shall proceed to hear the testimony of city staff, the minor, the parent or guardian, or the other person, and any other witness regarding the city's right to recover the expense of abatement.
J. Record of Oral Evidence at Hearing. The proceedings at the hearing shall be recorded by a tape recorder. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense. Preparation of a record of the proceeding shall be governed by California Code of Civil Procedure Section 1094.6, as presently written or hereinafter amended.
K. Continuances. The hearing officer may, upon request of the minor, the parent or guardian, or other person, or upon request of the head of the neighborhood services anti-graffiti program, grant continuances from time to time for good cause shown, or upon his or her own motion.
L. Oaths. The hearing examiner or certified shorthand reporter shall administer the oath or affirmation.
M. Evidence Rules. Government Code of the state of California, Section 11513, subsections (a), (b), and (c), as presently written or hereinafter amended, shall apply to hearings under this chapter.
N. Burden of Proof. It must be shown by a preponderance of the evidence that the city should recover the expense of abatement from the minor and the parent or guardian, or the other person.
O. Rights of Parties.
1. The parties and anyone who participates in a hearing under this chapter may be represented by an attorney or other person of the party's choice.
2. If a party does not proficiently speak or understand the English language, he or she may provide an interpreter, at his or her own cost, to translate for the party. An interpreter shall not have any involvement in the issues of the case prior to the hearing.
P. Official Notice. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact that may be judicially noticed by the courts of this state or that may appear in any of the official records of the city or any of its departments.
Q. Form and Contents of Decision-Finality of Decision.
1. The decision of the hearing examiner shall be in writing and shall contain findings of fact and a determination of the issues presented.
2. The decision shall also inform the applicant that the time for judicial review is governed by California Code of Civil Procedure 1094.6. Copies of the decision shall be delivered promptly to the parties personally or sent to them by certified mail. The decision shall be final when signed by the hearing examiner and served as provided in this chapter.
R. Service of the Hearing Examiner's Decision. Upon issuance of the decision, the head of the neighborhood services anti-graffiti program shall serve a copy on the minor and the parent or guardian, or other person, in the same manner as set forth in subsection F of this section.
S. Recovery of Expense of Abatement.
1. If the hearing officer determines that the city should recover the expense of abatement from the minor and the parent or guardian, or the other person, the city may provide an accounting of the expense of abatement along with a demand for payment to the minor and the parent or guardian, or the other person.
2. The parent or guardian shall be jointly and severally liable with the minor for the expense of abatement pursuant to Government Code Sections 38772, 38773.2 and 38773.6.
3. If the expense of abatement has not been paid within thirty (30) days from the date of issuing an accounting and demand for payment, or, if no hearing was requested thirty (30) days from the mailing of the notice and order, the unpaid amount shall constitute a lien pursuant to Government Code Sections 38772 and 38773.2 against the property of the minor and against the property of the parent or guardian, or against the property of the other person. Prior to recording a notice of lien, the hearing officer shall provide notice pursuant to Government Code Section 38773.2.
4. As an alternative to the lien described in subsection (S)(3) of this section, the expense of abatement may, pursuant to Government Code Section 38773.6, constitute a special assessment against a parcel of land owned by the minor, the parent or guardian, or other person. The assessment shall be collected as provided for in Government Code Section 38773.6.
5. In addition to any other remedy provided in this chapter or available at law, the expense of abatement pursuant to Government Code Section 38772 shall constitute a personal obligation against the minor and a personal obligation against the parent or guardian, or a personal obligation against the other person. (Ord. 2000-041 § 3; Ord. 97-073 § 2; prior code §§ 61.17.1705)