Earlier editions: 2026-07
Title 11 — Offenses—Miscellaneous›Chapter VII1 — /2. GRAFFITI
Costa Mesa Municipal Code § 11-149 Summary abatement—Cost recovery
Costa Mesa Municipal Code · 2026-10 edition · updated 2026-10-04 · Costa Mesa
Cite as: Costa Mesa Municipal Code § 11-149 · Text as of 2026-10-04
The city may summarily abate any nuisance at the expense of the persons creating, causing, committing or maintaining it.
(Ord. No. 10-12, § 2, 10-19-10)
§ 11-149.1. Cost recovery against the person who created, caused, or committed the…¶
(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 33% of the total cost of abatement. Within 30 days of the conclusion of the abatement, the director shall submit an itemized statement of costs to the city manager. Within 90 days of 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 10 days in advance of the hearing. The cost hearing shall be set no later than 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 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 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 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 __. |
| /s/__________________________________ City Manager, City of Costa Mesa. |
(Ord. No. 10-12, § 2, 10-19-10)
§ 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 33% of the total cost of abatement. Within 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 10 days in advance of the hearing. The cost hearing shall be set no later than 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 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 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: |
| (description) |
| Assessor Parcel Number(s): |
| Dated: This __________ day of __________, 20 _____. |
| /s/_________________________________ City Manager, City of Costa Mesa. |
(Ord. No. 10-12, § 2, 10-19-10)
§ 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 $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 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.
(Ord. No. 10-12, § 2, 10-19-10)
§ 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.
(Ord. No. 10-12, § 2, 10-19-10)
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