A. Any individual who is found guilty of violating Section 9.16.070(A) shall pay restitution to the property owner, in addition to authorized penalties to the city. If the violator is a minor, the parent or guardian shall be responsible for payment of restitution. If unable to pay the city, the juvenile may be permitted to work off his/her penalty owned to the city under the direction of at least one parent and the city by abating an equivalent amount of any graffiti.
B. The city may, as permitted by California law, file a lien to collect abatement and related administrative costs incurred in the summary abatement of any nuisance resulting from the defacement by a minor or other person of the property of another by graffiti or any other inscribed material. The city may record this lien on real property belonging to the person who defaced the property, or if the person is a minor, on real property owned by the parent or guardian having custody and control of the minor. This lien may only be filed against the individual who is found guilty of violating Section 9.16.070(A) or if the individual is a minor the parent or guardian having custody and control of the individual.
C. Prior to recording a graffiti nuisance abatement lien, the city shall serve notice on the person who defaced the property, or if the person is a minor, the city shall serve notice on the parent or guardian having custody and control of the minor. The notice shall be served in the same manner as a summons in a civil action. If the minor or other person cannot be found after diligent search the notice may be served by posting a copy of the notice upon the property owned by the minor or other person, in a conspicuous place, for a period of ten (10) days. The notice shall also be published pursuant to Government Code Section 6062 in a newspaper of general circulation that is published in the county in which the property is located. If the parent or guardian having custody and control of the minor, after diligent search, cannot be found, the notice may be served by posting a copy of the notice upon the property owned by the parent or guardian having custody and control of the minor, in a conspicuous place, for a period of ten (10) days. The notice shall also be published pursuant to Government Code Section 6062 in a newspaper of general circulation that is published in the county in which the property is located. The notice shall include an itemized description of the abatement and related administrative costs, the date of the abatement order, a description of the lien process, and the facts supporting the lien on the property.
D. The graffiti nuisance abatement lien shall be recorded in the county recorder's office in the county in which the parcel of land is located. From the date of recording, the lien shall have the force, effect, and priority of a judgment lien.
E. The graffiti nuisance abatement lien shall specify the amount of the lien; that it is recorded on behalf of the city; the date of the abatement order; the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed; and the name and address of the recorded owner of the parcel.
F. If the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subdivision D. shall be recorded by the city.
G. The graffiti nuisance abatement lien authorized by this section may be satisfied through foreclosure in an action brought by the city.
H. The city may recover any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien. As used in this chapter, "abatement and related administrative costs" include, but are 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 by the city in identifying and apprehending the minor or other person. Attorney's fees may be awarded to the prevailing party in any litigation initiated under this section.
I. As an alternative to obtaining a lien as described above, as permitted by California law, the city may make the abatement and related administrative costs a special assessment against a parcel of land owned by the individual who is found guilty of violating Section 9.16.070(A) or if the individual is a minor the parent or guardian having custody and control of the individual. The assessment may 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 procedure 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 relate 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 instead be transferred to the unsecured roll for collection. Notices or instruments related to the abatement proceeding or special assessment may be recorded.
J. The city may impose a special assessment by keeping an account of the cost of abating such nuisance and shall embody such account in a report. The report shall refer to each separate lot or parcel of land by description sufficient to be assessed against each such separate lot or parcel. A copy of the report shall be mailed to the property owner of record. The city shall also send in writing to the property owner of record: the date of the abatement; the street address, legal description and assessor's parcel number of the parcel on which the assessment is imposed; a description of the assessment process; when the report will be submitted to the city council for hearing and confirmation and the facts supporting the assessment. Said notice shall advise owners that they may appear at the time and place of the city council hearing and state any objections to the assessment.
K. The city clerk shall post a copy of such report at city hall, together with the notice of filing thereof and of the time and place when and where it will be submitted to the city council for hearing and confirmation. After confirmation of the report and assessment by the city council, a copy of the report and assessment shall be sent to the city finance officer.
L. The city finance officer may receive payments for the amount due until the city refers the matter to the county auditor for placement on the tax rolls. On or before the tenth day of August of each year, a certified copy of the report shall be filed with the Tulare County Auditor for the amounts of the respective assessments against the respective parcels of land as they appear on the roll at the same time and in the same manner as municipal taxes. They shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for property taxes. All laws and ordinances applicable to the levy collection and enforcement of city taxes are made applicable to such special assessments, and the lien of said assessment shall have priority of the taxes with which it is collected.
M. The procedure provided in this chapter shall be cumulative and in addition to any other procedure or procedures provided in ordinances of this city or by state law for the abatement of graffiti, including, summary abatement. This section is not intended to affect any other action, civil or criminal, for maintenance of any such condition.
(Prior code § 5508) (Ord. 2010-02 § 3, 2010)