§ 6.32.100. Graffiti abatement charges.

(a)

The abatement and related administrative costs incurred by the city in abating any nuisance resulting from the defacement of property by graffiti or any other inscribed material shall be:

(1)

A personal obligation of any minor creating, causing or committing the nuisance;

(2)

A personal obligation of the parent or guardian having custody and control of that minor;

(3)

A special assessment against any parcel of land owned by that minor; and/or

(4)

A special assessment against any parcel of land owned by the parent or guardian having custody and control of that minor.

(b)

If the abatement and related administrative costs incurred by the city in abating any nuisance resulting from graffiti or any other inscribed material are to be imposed as a special assessment against a parcel of land owned by the minor or parent or guardian of the minor, the building official shall render an itemized report in writing to the city council showing such costs. A copy of said report, together with a notice of the time when said report shall be heard by the council for confirmation, shall be served upon the owner of the property which is to be so assessed at least five days prior to submitting the same to the city council. Proof of service shall be made by affidavit or declaration placed in the city file. The city council shall then impose a special assessment pursuant to subsection (a) of this section which assessment shall constitute a lien on real property owned by the minor or the parents or legal guardian of said minor or minors.

(c)

For purposes of this section, the following terms shall have the meanings set forth in this subsection:

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.

Graffiti or other inscribed material means any unauthorized inscription, word, figure, mark or design that is written, marked, etched, scratched, drawn or painted on any real or personal property.

Minor means a minor who has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Penal Code § 594, 594.3, 640.5, 640.6 or 640.7, or a minor convicted by final judgment of a violation of Penal Code § 594, 594.3, 640.5, 640.6 or 640.7, or a minor declared a ward of the juvenile court pursuant to Welfare and Institutions Code § 602 by reason of the commission of an act prohibited by Penal Code § 594, 594.5, 640.5, 640.6 or 640.7.

(d)

This section shall not be deemed to preclude recovery of the costs of abating a nuisance resulting from graffiti from any other person who may be responsible for such costs under law.

(Code 1969, § 6.32.100; Ord. No. 715, § 1(part), 1995)