HomeMy WebLinkAbout10-12 Amending Title 11 of Municipal Code Regarding Graffiti1
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ORDINANCE NO. 10-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA AMENDING TITLE 11
(OFFENSES - MISCELLANEOUS) OF THE COSTA MESA
MUNICIPAL CODE REGARDING GRAFFITI
WHEREAS, the City Council of the City of Costa Mesa finds that the increase of
graffiti, on both public and private property, is creating a condition within the city which
results in blight and deterioration of property values and of the comfortable enjoyment of
life and property for adjacent and surrounding residents and owners, and contributes to
the overall detriment of the city; and
WHEREAS, the City Council finds that graffiti (also commonly referred to as
"tagging") is a worsening problem in the City and constitutes a public nuisance; and
WHEREAS, the City Council finds that graffiti constitutes a threat to public safety
which must be abated to alleviate the detrimental impact of such graffiti on the City, and
to prevent the further spread of graffiti; and
WHEREAS, the City Council finds that there exists a proliferation of graffiti
implements with which individuals can deface public and private property by writing,
painting, and/or drawing on surfaces; and
WHEREAS, the City Council finds that the City's municipal code provisions
prohibiting the furnishing of graffiti implements to minors must be expanded to include
definitions for these graffiti implements; and
WHEREAS, the City Council finds that the City has a substantial interest in.
mitigating graffiti offense recidivism, and that the City needs to have at its disposal all
available remedies to successfully deter continuing graffiti offenses; and
WHEREAS, the City Council finds that mandatory community service will
advance two of the City's purposes: eliminating existing graffiti, and deterring offenders
from new offenses; and
WHEREAS, the City Council finds that issuing a monetary reward for information
leading to the arrest and/or filing of a criminal complaint will contribute to the
punishment of and deterrence against graffiti offenses by providing an incentive to
citizens to call the Costa Mesa Police Department when they witness a person
unlawfully applying graffiti to any public or private property; and
WHEREAS, the City Council finds that a process for the abatement of graffiti and
recoupment of costs will further its interest in eliminating existing graffiti and will
encourage property owners to maintain their property free of graffiti; and
WHEREAS, the City Council finds that graffiti abatement is a constant and
growing expense for the City, and that a process for the recoupment of abatement costs
from the person who committed the graffiti offense, or from the person's parents or
guardians if the person is a minor, will deter "taggers" from defacing property in the City
in the future, as well as reimburse the City for some of its costs associated with the
graffiti; and
WHEREAS, the City Council finds that certain categories of graffiti incite violence
and are especially harmful to the health and safety of the public, and must be removed
as quickly as possible to avoid or minimize harm to persons and the whole community;
and
WHEREAS, Government Code Section 53069.3 authorizes the City of Costa
Mesa to enact ordinances to provide for the use of city funds to remove graffiti from
public or private property, and in order to promote expeditious removal of obnoxious
graffiti, the use of public funds is authorized as provided in the following sections of the
chapter; and
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WHEREAS, Government Code Section 53069.5 authorizes a city to offer and
pay a reward for information leading to the determination of the identity of, and the
apprehension of any person who willfully damages property with graffiti.
THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Sections 11-140 to 11-149.5, Title 11, Chapter VII Y2 of the Costa Mesa
Municipal Code are hereby repealed.
Section 2. Sections 11-140 to 11-149.4, Title 11, Chapter VII Y2 of the Costa Mesa
Municipal Code are adopted as follows:
Sec. 11-140. Purpose.
The purpose of this chapter is to provide a program for the abatement of graffiti from
public and private property to reduce blight and deterioration within the city, protect
public safety, and for the expeditious removal of graffiti from structures on both public
and private property. The city council finds and determines as follows:
(1) The increase of graffiti, on both public and private property, is creating a condition
within the city which results in blight and deterioration of property values and of the
comfortable enjoyment of life and property for adjacent and surrounding residents and
owners, and contributes to the overall detriment of the city.
(2) Graffiti constitutes a public nuisance and a threat to public safety which must be
abated to alleviate the detrimental impact of such graffiti on the city, and to prevent the
further spread of graffiti.
(3) Certain categories of graffiti that incite violence are especially harmful and must be
removed as quickly as possible to avoid or minimize harm to persons and the whole
community.
(4) The city council strongly recommends that when a person is convicted of violating
this chapter that the court impose a long community service sentence, in addition to any
other penalties.
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(5) The rule of the common law, that penal statutes are to be strictly construed, has no
application to this code. All the provisions of this chapter are to be construed according
to the fair import of their terms, with a view to effect its objects and to promote justice.
Sec. 11-141. Definitions.
For the purposes of this chapter, the following words and terms shall have the meaning
ascribed thereto:
(1) Adhesive stickers means any sheet of paper, fabric, plastic or other substance or
material with an adhesive backing.
(2) Aerosol paint container means any aerosol container, regardless of the material
from which it is made, which is adapted or made for the purpose of spraying paint or
other substances capable of being applied on public or private property in a manner.that
defaces the property.
(3) Bona fide evidence of majority and identity means any document evidencing or
verifying the identity of an individual and that the individual is at least eighteen (18)
years of age, which has been issued by a federal, state or local government entity, and
includes, but is not limited to, a motor vehicle operator's license, a registration certificate
issued under the Federal Selective Service Act, or an identification card issued to a
member of the armed forces.
(4) City council means the City Council of the City of Costa Mesa.
(5) City manager means the City Manager of the City of Costa Mesa or his/her
designee.
(6) Continuously viewable means within line of sight of an employee or store
manager at all times during business hours. Continuously viewable shall include
viewable via closed circuit security cameras.
(7) Director means the Director of Public Services of the City of Costa Mesa or
his/her designee.
(8) Etching cream means any caustic cream, gel, liquid, or solution capable, by
means of a chemical action, of defacing, damaging, or destroying surfaces.
(9) Etchers or etching tools means any sharp or pointed instrument, device or other
mechanism, including but not limited to, glass etchers, metal etchers, cutting and
grinding instruments, awls, chisels, glass cutters, drill bits or any other instrument that is
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capable of scratching or otherwise marking any surface, including but not limited to,
glass, mirrors, windows, steel, aluminum, brass, tin, fiberglass, wood, plastic, concrete
or any other surface.
(10) Expense of abatement includes, but is not limited to, court costs, attorney's fees,
costs of removal of the graffiti, costs of repair and replacement of defaced property,
costs of administering and monitoring the participation of a defendant and his or her
parents or guardians in a graffiti abatement program, disbursed reward money, and the
law enforcement costs incurred by the city in identifying and apprehending the person
who created, caused, or committed the graffiti on the publicly or privately owned real or
personal property within the city.
(11) Graffiti means any unauthorized inscription, word, figure, symbol, configuration of
letters and/or numbers or design that is marked, written, etched, scratched, drawn,
scribed, stained, stuck on, affixed or adhered to by any means whatsoever or painted
on any surface of public or private real or personal property, including but not limited to,
buildings, walls, windows, signs, structures, places, rocks, landscape materials, or other
surfaces and/or the interior or exterior of any other structure, regardless of the nature of
the material of which the surface is composed.
(12) Graffiti implement means an adhesive sticker, aerosol paint container, etching
cream, etching tool, marking pen, a paint or graffiti stick, spray actuators, or other
similar devices that may be used to scar or deface property.
(13) Graffiti violations of law are those violations referred to in Government Code
Section 38772(d)(3), Penal Code Sections 594, 594.1, 594.2, 594.3, 594.8, 640.5,
640.6, 640.7 and 640.8, and any violation of this chapter.
(14) Marking pen means any marker pen or any similar implement containing an ink,
paint, or other pigmented liquid.
(15) Not accessible to the public means that such supplies must be (a) stored under
lock and key, and only the store manager or his/her designee shall have access to the
supplies, or (b) stored behind or under a store counter that is only accessible to
authorized store personnel.
(16) Paint stick or graffiti stick means a device containing a solid form of paint, wax,
epoxy, or other similar substance capable of leaving a visible mark on a surface.
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(17) Parent or guardian means a parent with legal custody, guardian, conservator, or
relative caregiver of the minor. "Relative caregiver" means a relative, as defined in
Section 6550(i) of the California Family Code, who assumed primary responsibility for
the minor while the child was in the relative's care and control, and who is not a
biological or adoptive parent.
(18) Spray actuator (also known as a spray tip, nozzle, or button) means an objector
device that is capable of being attached to an aerosol or other paint container for the
purpose of spraying the substance contained therein.
Sec. 11-142. Graffiti --Unlawful to apply.
(1) It shall be unlawful for any person to apply graffiti to any surface on any public or
privately owned real or personal property within the city.
(2) It shall further be unlawful for any person to solicit or command another person to
apply graffiti, or for any person to aid or abet, or agree to aid or abet another person to
plan to apply graffiti, including but not limited to, acting as a "lookout."
Sec. 11-143. Graffiti — Declaration of nuisance.
The application of graffiti by any person, pursuant to Section 11-142 of this Code is
declared to constitute a public nuisance which may be summarily abated.
Sec. 11-144. Sale and possession.
(1) Implement possession. It shall be unlawful for any person to have in his or her
possession any graffiti implement with the intent to apply graffiti, while upon public or
private property.
(2) Implement possession by minors. It shall be unlawful for any person under the
age of eighteen (18) years to have in his or her possession any graffiti implement with
the intent to apply graffiti, while upon public or private property.
(3) Sale of graffiti implements to minors. It shall be unlawful for any person, other
than a parent or guardian, to knowingly sell, exchange, give, loan, or otherwise furnish,
or cause or permit to be exchanged, given, loaned or otherwise furnished, any graffiti
implement to anyone under the age of eighteen (18) years.
(4) Proper identification presented prior to sale. No person shall sell any pressurized
can containing paint or dye, marking pens, adhesive stickers, etchers or any other
graffiti implement without first obtaining bona fide evidence of majority and identity from
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the purchaser.
Sec. 11-145. Public Access to Graffiti Implements; Signage.
(1) Restricted access. Aerosol paint containers and actuators shall not be
accessible to the public in the regular course of business without employee assistance,
pending legal sale or disposition of such supplies.
(2) Continuously viewable implements.
(a) Every person who owns, conducts, operates or manages a retail
commercial establishment selling paint sticks, marking pens, or etching creams shall
store or cause such supplies to be stored in an area continuously viewable by store
employees.
(b) Etching tools. Every person who owns, conducts, operates or manages a
retail commercial establishment selling masonry or glass drill bits, carbide drill bits,
glass cutters, grinding stones, awls, chisels or carbide scribes, or other similar
implement shall store or cause such items to be stored in an area continuously viewable
by store employees.
(3) Customer signage. Every retail commercial establishment selling graffiti
implements shall post a sign in clear public view at or near display of such products
stating: "Pursuant to Penal Code Section 594.1, Graffiti is against the law. Any person
who defaces real or personal property with paint or any other liquid, tool, or device is
guilty of a crime punishable by imprisonment of up to six (6) months and/or a fine up to
$1,000."
(4) Additional signage. Every retail commercial establishment selling graffiti
implements shall place a sign in the direct view of such persons responsible for
accepting customer payment for graffiti implements stating: "Pursuant to Costa Mesa
Municipal Code Title 11, Section 11-143, selling Graffiti Implements to persons less that
eighteen (18) years of age is against the law and punishable by six (6) months in jail
and/or a fine of $1,000."
(5) Merchandise inventory. Upon request of a Costa Mesa Police Officer or Code
Enforcement Officer, any person who owns, conducts, operates or manages a retail
commercial establishment selling graffiti implements shall provide copies of any
merchandise inventory.
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Sec. 11-146. Penalties.
(1) Any violation of this chapter shall be a misdemeanor offense punishable by either
six (6) months in jail, a one thousand dollar ($1,000.00) fine, or both such fine and
imprisonment.
(2) In lieu of, or in addition to the penalties specified in this section, a minor or adult
who is convicted of or pleads guilty or nolo contendere to graffiti violations shall be
required to perform community service as described by the court, based on the
following minimum requirements:
(a) The minor or adult shall perform not less than forty (40) hours of
community service.
(b) The period of community service shall be performed under the supervision
of a community service provider approved by the Chief of Police.
(c) Reasonable effort shall be made to assign the minor or adult to a type of
community service that is reasonably expected to have the most rehabilitative effect on
the minor or adult.
Sec. 11-147. Reward provisions.
(1) Pursuant to Section 53069.5 of the Government Code, the city does hereby offer a
reward of up to two thousand dollars ($2,000.00). The amount of the award to be
determined by the police chief, for information leading to the arrest and conviction of
any person for violation of Penal Code Section 594 or section 11-142 of this Code, the
use of graffiti, not to exceed one (1) reward of two thousand dollars ($2,000.00) per
violation. In the event of multiple contributors of information for a single violation, the
reward amount shall be divided by the city in the manner deemed appropriate by the
city police chief. For the purposes of this section, diversion of the offending violator to a
community service program, or a plea bargain to a lesser offense, shall constitute a
conviction. The chief of police may award up to $500 to any person who provides
credible information regarding any graffiti violation in the City, which leads to probable
cause for an arrest of an individual(s).
(2) Claims for rewards under this section shall be filed, processed, and paid in
accordance with procedures established by the police chief.
(3) The person convicted of committing the graffiti offense shall be liable for any
rewards paid pursuant to this section and, if that person is an unemancipated minor, the
parent or guardian of the minor shall be jointly and severally liable for any rewards paid
pursuant to this section.
Sec. 11-148. Removal and prevention provisions.
(1) It is unlawful for any person, who is the owner or who has primary responsibility for
control of property or who has primary responsibility for the repair or maintenance of
property ("property owner"), to permit property that is defaced with graffiti to remain so
defaced for a period of seven (7) days after notice of same, unless: (a) said person shall
demonstrate by a preponderance of evidence that he or she does not have the financial
or physical ability to remove the defacing graffiti; or (b) it can be demonstrated that the
responsible party has an active program for the removal of graffiti and has scheduled
the removal of the graffiti as part of that program in which case it shall be unlawful to
permit such property defaced with graffiti to remain defaced for a period of fifteen (15)
days after notice of same.
(2) The existence of any surface of a structure on a parcel of land which has been
defaced with graffiti after removal more than five (5) times in twelve (12) months by the
city at its expense is a public and private nuisance, and may be abated by modifications
to the structure or surface, or to the immediate surrounding area. The structure or
surface may be required to be retrofitted, at the cost of the property owner, with such
features or qualities as may be established by the city as necessary to reduce the
attractiveness of the surface for graffiti, or as necessary to permit more convenient or
efficient removal thereof. The owner of a such a property shall either make the
modifications him/herself, or he/she shall permit the city to enter upon the property and
to make the modifications. If the property owner can provide clear and convincing
evidence that he/she is financially or physically unable to remove the graffiti, the
property owner shall permit the city to perform the necessary modifications at the city's
cost.
(3) Whenever the city becomes aware or is notified and determines that graffiti is
located on publicly or privately owned property within the city, the city shall be
authorized to use city funds for the removal of the graffiti, or painting or repairing the
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property, but shall not authorize or undertake to provide for the painting or repair of any
more extensive area than that where the graffiti is located, unless the city manager
determines in writing that a more extensive area is required to be repainted or repaired
in order to avoid an aesthetic disfigurement to the neighborhood or community, or
unless the property owner or the person causing the graffiti, or if a minor, his or her
parent or guardian, agree to or are ordered to pay for the costs of repainting or repairing
the more extensive area.
(4) To further discourage graffiti while providing overall consistency, utility fixtures and
equipment shall be of a uniform paint -type and color. Any investor owned, gas, electric,
telephone, water, sewer, cable, telephone and other utility operation in the City of Costa
Mesa shall paint its above -surface metal fixtures with a uniform paint type and color
which meets with the approval of the city manager. Since most utility fixtures and
equipment are located in the public rights-of-way and are highly visible, graffiti on these
structures shall be removed by the utility company within forty-eight (48) hours of being
reported to the utility.
Sec. 11-148.1. Use of city funds to remove graffiti.
(1) The city may use city funds to remove graffiti from publicly or privately owned
real or personal property located within the city, and to replace or repair public or
privately owned property within the city that has been defaced with graffiti that cannot
be removed cost effectively.
(2) The city shall only remove the graffiti itself, or, if the graffiti cannot be removed
cost effectively, the repair or replacement of the portion of the property that was
defaced, and not the painting, repair, or replacement of other parts of the property that
were not defaced.
(3) The removal, repair, or replacement may be performed, in the case of publicly
owned real or personal property, only after securing the consent of the public entity
having jurisdiction over the property, and in the case of privately owned real or personal
property, only after securing the consent of the owner or possessor.
(4) The Costa Mesa Police Department may promulgate procedures for pre -removal
preservation of sufficient evidence of the graffiti for criminal prosecutions or proceedings
pursuant to Section 602 of the Welfare and Institutions Code pertaining to the person or
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persons who inscribed the graffiti. These procedures shall be followed by the city prior
to or during removal of the graffiti.
Sec. 11-149. Summary abatement — Cost recovery.
The city may summarily abate any nuisance at the expense of the persons creating,
causing, committing or maintaining it.
Sec. 11-149.1. Cost recovery against the person who created, caused, or
committed the nuisance.
(1) The city shall summarily abate any nuisance resulting from the defacement of the
property of another by graffiti at the expense of the minor or adult creating, causing, or
committing the nuisance. The expense of abatement of the nuisance shall be a lien
against property of the minor or adult and a personal obligation against the minor or
adult.
(2) If the person causing the graffiti nuisance is a minor, then the parent or guardian
of the minor shall be jointly and severally liable with the minor. The expense of
abatement of any nuisance, resulting from the defacement by a minor of the property of
another by graffiti, shall be a lien against the property of a parent or guardian, having
custody and control of the minor, and a personal obligation against the parent or
guardian having custody and control of the minor, pursuant to Government Code
Sections 38772 and 38772.6.
(3) The property of the minor causing the graffiti nuisance, and the property of the
parent or guardian of the minor, shall collectively or individually be referred to as the
"assessed property."
(4) Cost of abatement. Where the director is required to. cause the abatement of a
public nuisance pursuant to the provisions of this chapter, he/she shall keep an
accounting of the cost thereof, including incidental expenses for the abatement. The
term "incidental expenses" includes, but is not limited to, the actual expenses and costs
of the city in the preparation of notices, specifications and contracts, inspection of the
work, and the cost of printing and mailing any notices required by this chapter, as well
as administrative costs in the amount of thirty-three percent (33%) of the total cost of
abatement. Within thirty (30) days of the conclusion of the abatement, the director shall
submit an itemized statement of costs to the city manager. Within ninety (90) days of
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the close of the police department's investigation, the director shall set a hearing to
review the cost accounting before the city manager. The director shall cause notice of
the time and place of the hearing to be given to the person causing the nuisance, and to
his/her parents or guardian in the event the person causing the nuisance is a minor, and
to any other interested person requesting the same, by United States mail, postage
prepaid, addressed to the person at his last known address at least ten (10) days in
advance of the hearing. The cost hearing shall be set no later than forty-five (45) days
following the date the director causes notice of the time and place of the hearing to the
person causing the nuisance, and to his/her parents or guardian in the event the person
causing the nuisance is a minor.
(5) Cost accounting statement --Processing. At the cost hearing, the city manager
shall hear and pass upon the statement of the director, together with any objections or
protests raised by any of the persons liable to be assessed for the cost of abating the
nuisance. The city manager may hear any relevant evidence at the cost hearing; the
formal rules of evidence shall not apply. Thereupon, the city manager shall make such
revision, correction and modification to the statement as he/she may deem just, after
which the statement is submitted, or as revised, corrected or modified shall be
conformed. The city manager shall issue a written decision within ten (10) days of the
hearing, and it shall include reference to Sections 1094.5 and 1094.6 of the California
Code of Civil Procedure. The decision of the city manager shall be final.
(6) Right to Judicial Review. If the city manager's decision is in favor of the city, the
appellant may seek judicial review of the city manager's decision by filing a petition for
writ of mandate pursuant to California Code of Civil Procedure Sections 1094.5 and
1094.6.
(7) Assessment of costs/liens against the subject property.
a. Pursuant to California Government Code Sections 38772 and 38773.6, all
expenses as determined by the Hearing Officer in connection with such
abatement shall be charged, and become an indebtedness, to the owner
of the assessed property, as well as a lien upon the assessed property.
b. Pursuant to California Government Code Section 38773.6, the confirmed
cost of abatement of a graffiti nuisance within the city shall constitute a
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special assessment against the lot or parcel of land that comprise the
assessed property. After confirmation of the report, a copy thereof shall be
transmitted to the Orange County Auditor/Controller, whereupon it shall be
the duty of the Auditor/Controller to add the amounts of the assessment,
or assessments, to the next regular bills of taxes levied against the
respective lots and parcels of land that comprise the subject property for
municipal purposes, and thereafter the amounts 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
procedure for foreclosure and sale in case of delinquency as provided for
ordinary municipal taxes.
c. Such notice of lien for recordation shall be in the form substantially as
follows:
NOTICE OF LIEN
Claim of City of Costa Mesa
Pursuant to the authority vested by the provisions of the Costa Mesa Municipal
Code, the Director of Public Services of the City of Costa Mesa did on, or about
the day of , 20 , cause the premises located at
to be rehabilitated or the building or structure on the property
to be repaired, painted over or otherwise modified in order to abate a public
nuisance on real property; and the City of Costa Mesa, shall assess the cost of
such rehabilitation, repair or demolition upon the real property located at
belonging to the person causing the graffiti nuisance, or
the person's parent or guardian in the case of a minor (the "Assessed Property");
and the assessed cost has not been paid nor any part thereof; and that the City
of Costa Mesa does hereby claim a lien on the Assessed Property for the
rehabilitation, repair or demolition in the amount of this assessment, to wit; the
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sum of $ ; and the same shall be a lien upon the Assessed Property
until the same has been paid in full and discharged of record.
The Assessed Property, hereinabove mentioned and upon which a lien is
claimed, is that certain parcel of land lying and being in the City of
, County of , State of California, and more particularly described
as follows:
(description)
Assessor Parcel Number(s):
Dated: This day of , 20
City Manager, City of Costa Mesa.
Section 11-149.2. Cost recovery against the property where nuisance is
maintained.
(1) The city shall summarily abate any graffiti nuisance and may make the expense
of abatement of nuisances a lien against the property on which it is maintained and a
personal obligation against the property owner, in accordance with California
Government Code Sections 38773 and 38773.5.
(2) Cost of abatement. Where the director is required to cause the abatement of a
public nuisance pursuant to the provisions of this chapter, he shall keep an accounting
of the cost thereof, including incidental expenses for the abatement. The term
"Incidental expenses" includes, but is not limited to, the actual expenses and costs of
the city in the preparation of notices, specifications and contracts, inspection of the
work, and the cost of printing and mailing any notices required by this chapter, as well
as administrative costs in the amount of thirty-three (33%) percent of the total cost of
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abatement. Within thirty (30) days of the conclusion of the abatement, the director shall
submit an itemized statement of costs to the city manager and shall set a hearing to
review the cost accounting before the city manager. The director shall cause notice of
the time and place of the hearing to be given to the owner and/or occupant of the
property to which the same relate, and to any other interested person requesting the
same, by United States mail, postage prepaid, addressed to the person at his last
known address at least ten (10) days in advance of the hearing. The cost hearing shall
be set no later than forty-five (45) days following the date the city manager receives the
itemized cost of abatement.
(3) Cost accounting statement--Processing. At the cost hearing, the city manager
shall hear and pass upon the statement of the director, together with any objections or
protests raised by any of the persons liable to be assessed for the cost of abating the
nuisance. The city manager may hear any relevant evidence at the cost hearing; the
formal rules of evidence shall not apply. Thereupon, the city manager shall make such
revision, correction and modification to the statement as he may deem just, after which
the statement is submitted, or as revised, corrected or modified shall be conformed. The
city manager shall issue a written decision within ten (10) days of the hearing, and it
shall include reference to Sections 1094.5 and 1094.6 of the California Code of Civil
Procedure. The decision of the City Manager shall be final.
(4) Right to Judicial Review. If the city manager's decision is in favor of the city, the
appellant may seek judicial review of the city manager's decision by filing a petition for
writ of mandate pursuant to California Code of Civil Procedure Sections 1094.5 and
1094.6.
(5) Assessment of costs/liens against property.
a. Pursuant to California Government Code Sections 38773 and 38773.5, all
expenses as determined by the city manager in connection with such
abatement shall be charged, and become an indebtedness, to the owner
of such structure or premises, as well as a lien upon the affected property
as elsewhere herein provided.
b. Pursuant. to California Government Code Section 38773.5, the confirmed
cost of abatement of a nuisance upon any lot or parcel of land shall
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constitute a special assessment against the respective lot or parcel of land
to which it relates. After confirmation of the report, a copy thereof shall be
transmitted to the Orange County Auditor/Controller, whereupon it shall be
the duty of the Auditor/Controller to add the amounts of the assessment,
or assessments, to the next regular bills of taxes levied against the
respective lots and parcels of land for municipal purposes, and thereafter
the amounts 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 procedure for foreclosure and sale in case of
delinquency as provided for ordinary municipal taxes.
(6) Such notice of lien for recordation shall be in the form substantially as follows:
NOTICE OF LIEN
Claim of City of Costa Mesa
Pursuant to the authority vested by the provisions of the Costa Mesa Municipal Code,
the Director of Public Services of the City of Costa Mesa did on, or about the
day of , 20 , cause the premises, hereinafter described to be rehabilitated
or the building or structure on the property hereinafter described, to be repaired or
demolished in order to abate a public nuisance on said real property; and the City of
Costa Mesa, shall assess the cost of such rehabilitation, repair or demolition upon the
real property hereinafter described; and the same has not been paid nor any part
thereof; and that the City of Costa Mesa does hereby claim a lien on such rehabilitation,
repair or demolition in the amount of said assessment, to it; the sum of $ ;
and the same shall be a lien upon said real property until the same has been paid in full
and discharged of record.
The real property, hereinabove mentioned and upon which a lien is claimed, is that
certain parcel of land lying and being in the City of Costa Mesa, County of Orange,
State of California, and more particularly described as follows:
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(description)
Assessor Parcel Number(s):
Dated: This day of , 20
City Manager, City of Costa Mesa.
Sec. 11-149.3. Civil liability for acts of willful misconduct resulting in property
damage.
Notwithstanding any of the provisions of Section 11-149.1, the City may seek civil
restitution for the cost of abatement of any nuisance resulting from the defacement of
the property of another by graffiti as follows:
(1) Any person that causes any injury to or the defacement of the property of another
by any act of graffiti shall be personally liable for any damages resulting from the graffiti,
pursuant to California Civil Code Section 1714.
(2) Any act of graffiti by a minor that results in any injury to or the defacement of
property of another shall be imputed to the parent or guardian having custody and
control of the minor for all purposes of civil damages, including the cost of abatement to
the prevailing party, and the parent or guardian having custody and control shall be
jointly and severally liable with the minor for any damages resulting from the graffiti, not
to exceed twenty-five thousand dollars ($25,000) except as provided in subdivision (3),
for each tort of the minor.
(3) The amount listed in subdivision (2) shall be adjusted every two years in
accordance to the amounts set by the Judicial Council to reflect any increases in the
cost of living in California, as indicated by the annual average of the California
Consumer Price Index, pursuant to California Civil Code Section 1714.1. The maximum
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liability imposed by this section is the maximum liability authorized under this section at
the time that the act of graffiti by a minor was committed.
Sec. 11-149.4. Other legal and equitable remedies.
The city, at its discretion, may pursue any and all legal and equitable remedies for the
collection of unpaid fines, interest and penalties. Pursuit of one remedy does not
preclude the pursuit of any other remedies until the total fines, interest and penalties
owed by a person under this chapter have been collected.
Section 3. Inconsistencies. Any provision of the Costa Mesa Municipal Code
or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
Section 4. Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any
person, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this Ordinance or its application to other persons. The City Council
hereby declares that it would have adopted this Ordinance and each chapter, article,
section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or portions of the application thereof to any person, be declared
invalid or unconstitutional. No portion of this Ordinance shall supersede any local,
State, or Federal law, regulation, or codes dealing with life safety factors.
Section 5. This Ordinance shall take effect and be in full force thirty (30) days
from and after the passage thereof, and prior to the expiration of fifteen (15) days from
its passage shall be published once in the DAILY PILOT, a newspaper of general
circulation, printed and published in the City of Costa Mesa or, in the alternative, the
City Clerk may cause to be published a summary of this Ordinance and a certified copy
of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days
prior to the date of adoption of this Ordinance, and within fifteen (15) days after
adoption, the City Clerk shall cause to be published the aforementioned summary and
."
shall post in the office of the City Clerk a certified copy of this Ordinance together with
the names and member of the City Council voting for and against the same.
PASSED AND ADOPTED this 19th day of October, 2010.
ATTEST:
Juli olcik, City Clerk
1
Allan R. Mansoor, Mayor
APPROVED AS TO FORM:
- q�l�
Kifnberly H II Barlow, City Attorney
ig
1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing Ordinance No. 10-12 was duly introduced for first reading
at a regular meeting of the City Council held on the 5th day of October, 2010, and that
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the
City Council held on the 19th day of October, 2010, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: LEECE, BEVER, FOLEY, MONAHAN
NOES: COUNCIL MEMBERS: MANSOOR
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 22nd day of October, 2010.
JULI FOLCIK, ITY CLERK
(SEAL)
I hereby certify that the above and foregoing is the original of Ordinance No. 10-12 duly
passed and adopted by the Costa Mesa City Council at the regular meeting held
October 19, 2010, and that summaries of the Ordinance was a published in the Newport
Beach -Costa Mesa Daily Pilot on October 13, 2010 and October 27, 2010.
JUL FOLCI , CITY CLERK
(SEAL) -
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