Cudahy Municipal Code Ch. 9.12 Graffiti Prevention and Abatement

The purpose of this chapter is to provide a program to prevent the spread of graffiti, establish a process for the removal of graffiti from both real and personal, public and private property, and to assess and recover costs related to such removal. The city council finds and determines that graffiti is obnoxious and a public nuisance which must be abated in order to prevent blight, the deterioration of property and business values, and the spread of criminal gang activity. Government Code Section 53069.3 authorizes the city to enact an ordinance to provide for the use of city funds to remove graffiti or other inscribed material from public 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 or other inscribed material that cannot be removed cost effectively. (Ord. 632 § 2, 2013).

For the purposes of this chapter, the following words shall have the meanings respectively ascribed to them in this section:

“Aerosol paint container” means any aerosol container, regardless of the material from which it is made, which is adapted or made for the purposes of spraying paint or other substances capable of being permanently affixed to public or private property in a manner that defaces the property.

“Costs” means and includes, but is not limited to, court costs, attorneys’ 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 person who created, caused, or committed the graffiti or other inscribed material.

“Enforcement officer” means any city official authorized to enforce the provisions of this chapter, including, but not limited to, the Los Angeles County sheriff’s department, Cudahy departments of public works and community development, or designees thereof, as well as any contract agent authorized by the city to abate graffiti nuisances described in this chapter.

“Etching cream” means any caustic cream, gel, liquid, or solution capable, by means of a chemical action, of defacing, damaging, or destroying hard surfaces in a manner similar to acid.

“Etching tool” means any tool or instrument that is capable of etching or marking glass, plastic, wood, metal, or concrete surfaces, including, but not limited to, picks, scribes, awls, chisels, markers, and etchers, or any masonry or glass drill bit, carbide drill bit, glass cutter, grinding stone, etching cream or acid etching.

“Felt tip marker” means any broad-tipped marker pen with a tip exceeding three-eighths of one inch in width, or any similar implement containing an ink that is not water soluble.

“Graffiti” means any unauthorized inscription, word, figure, painting, mark, design, or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted or engraved on or otherwise glued, posted, or affixed to or on any surface of any real or personal property by or with, but not limited to, any of the following: felt tip marker, paint stick or graffiti stick or graffiti implement, to the extent that the same was not authorized in advance by the owner or occupant thereof.

“Graffiti attracting surface” means any surface of a building, structure, tree, shrub, curb, or vehicle in the city which has been defaced with graffiti or other inscribed material after removal more than three times in any 12-month period.

“Graffiti implement” means an aerosol paint container, a felt tip marker or marking pen, gum label, paint stick or paint pens, glass etching tool, glass cutters, etching tools, or other similar devices that are commonly used or are likely to be used to scar or to leave a visible mark on glass, metal, concrete or wood or any other surface, etching cream or other such solvent, adhesive label, or any other device capable of being used to leave a visible mark at least one-eighth of an inch in width upon any surface of any material.

“Gum label” means any sheet of paper, fabric, plastic, or other substance with adhesive backing, which, when placed on a surface, is not easily removable.

“Minor” means a person under 18 years of age.

“Paint stick” or “graffiti stick” means a device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark of at least one-sixteenth of one inch in width.

“Property owner” means any person who owns, possesses, occupies, or otherwise has responsibility for the repair or maintenance of real property.

“Responsible person” means: (1) any person, including a minor, who has been determined to have placed graffiti on real or personal property of another person in the city; (2) a minor or other person who has confessed to, or admitted to, or pled guilty or no contest to a violation in the city of Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code, or a minor convicted by final judgment of a violation in the city of Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code, or a minor declared a ward of the juvenile court pursuant to Section 602 of the Welfare and Institutions Code by reason of the commission of an act prohibited in the city by Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code; and/or (3) the parents or guardians having custody and control of a minor who is responsible. “Responsible person” shall also include any owner of real property at which there exists graffiti.

“Retrofitting” shall mean and include, without limitation, the restoration, modification or alteration of a building or structure to remove graffiti, to prevent or inhibit the recurrence of graffiti, or to return the building or structure to an acceptable, usable, unblemished, unblighted, or original state or condition.

“Structures” shall mean any structure as defined in the city’s building code, and shall also include, but not be limited to, buildings, walls, fences, poles, signs, posts, railings, benches, tables, waste containers, sidewalks, streets, and cargo/shipping containers.

“Vehicle” shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails. A vehicle shall include, but not be limited to, a trailer. (Ord. 659 § 1, 2016; Ord. 632 § 2, 2013).

The city council declares that each of the following constitutes a public nuisance and may be abated pursuant to this chapter or as otherwise provided by law:

(1) Graffiti or other inscribed material which is visible from any real property (whether privately or publicly owned), public street, sidewalk, alley, or other public right-of-way, or other area open to the public, or from any common area of any multi-tenant real property (whether residential or commercial) on any building, structure, tree, shrub, sidewalk, curb, vehicle, or personal or real property; and/or

(2) Graffiti attracting surface (as defined by CMC 9.12.020). (Ord. 659 § 2, 2016; Ord. 632 § 2, 2013).

(1) It is unlawful for any person, regardless of age, to write, mark, etch, draw, label, paste, affix, paint, chalk, or otherwise apply graffiti, as defined in CMC 9.12.020, on publicly or privately owned buildings, walls, signs, structures, surfaces or other property located within the city.

(2) It is unlawful for any person, regardless of age, to aid, abet, or encourage another to paint, etch, or in any other manner apply graffiti upon public or private real or personal property of any kind within the city.

(3) It is unlawful for any person to cause, permit, aid, abet, maintain or suffer any graffiti or other inscribed material which is visible from any real property (whether privately or publicly owned), public street, sidewalk, alley, or other public right-of-way, or other area open to the public, or from any common area of any multi-tenant real property (whether residential or commercial) on any building, structure, tree, shrub, sidewalk, curb, vehicle, or personal or real property owned, possessed, or within the custody or control of such person. (Ord. 659 § 3, 2016; Ord. 632 § 2, 2013).

(1) It is unlawful for any person to have in his or her possession any graffiti implement while in any public park, playground, swimming pool, public recreational facility, public restroom, or any other similar type of public facility within the city. This subsection (1) shall not apply to any person who possesses such implements while in the course and scope of their lawful profession, trade, or occupation.

(2) It is unlawful for any person to have in his or her possession any graffiti implement, for the purpose of applying graffiti, while (a) on any highway, street, alleyway, or sidewalk; (b) in any public right-of-way; or (c) in or upon any underpass, overpass, bridge, abutment, or other similar type of infrastructure within the city.

(3) It is unlawful for any minor to have in his or her possession any graffiti implement while in or upon any highway, public sidewalk, street, alleyway, public right-of-way, public park, playground, swimming pool, public recreational facility, underpass, overpass, bridge, abutment, storm drain, other similar infrastructure or on private property within the city without the minor having in his or her possession the written consent of the property owner or lessee, whether or not the minor is in a vehicle. The written consent of the property owner or lessee shall include the contact information of the owner or lessee, as appropriate, including, but not limited to, a current phone number and address. This subsection shall not apply to any minor who is accompanied by his or her parent or guardian having custody and control of the minor; or under the immediate supervision of a teacher or instructor employed by a public school, private school, or other similar educational facility licensed by either the state of California or similar public entity. Notwithstanding the foregoing, an emancipated minor shall be subject to the requirements of subsection (1) of this section rather than this subsection.

(4) It is unlawful for any person, other than the parent or guardian having custody and control of a minor, to sell, exchange, give, loan or otherwise furnish, or cause or permit to be sold, exchanged, given, loaned or otherwise furnished, any graffiti implement to a person under the age of 18 years without first obtaining the written consent of the parent or guardian having custody and control of the minor. The prior written consent of the parent or guardian of the minor shall include the contact information of the parent or guardian, including, but not limited to, a current phone number and address.

(5) Except as authorized in this section, the possession of any graffiti implement while in any public park, playground, swimming pool or public recreational facility, while on a public sidewalk, street, alleyway or in any public right-of-way or while in or upon an underpass, overpass, bridge, abutment, storm drain, or other similar type of infrastructure within the city is hereby declared to be a public nuisance. (Ord. 632 § 2, 2013).

Every person who owns, conducts, operates, or manages a retail commercial establishment selling aerosol paint containers, or felt tip markers, or paint sticks shall store or cause such aerosol paint containers, felt tip markers, or paint sticks to be stored in an area viewable by, but not accessible to, the public in the regular course of business without employee assistance, pending legal sale or disposition of such aerosol paint containers, felt tip markers, or paint sticks. (Ord. 632 § 2, 2013).

(1) Graffiti. Graffiti shall be completely removed or completely covered in a manner that renders it inconspicuous. When graffiti is painted out, the color used to paint it out shall match the original color of the surface, or the surface shall be completely repainted with a new color that is aesthetically compatible with existing colors and architecture. The removal shall not leave shadows and shall not follow the pattern of the graffiti such that the letters or similar shapes remain apparent on the surface after graffiti markings have been removed. If the area is heavily covered with graffiti, the entire surface shall be repainted.

(2) Graffiti Attracting Surface. In addition to the removal of any graffiti (as set forth in subsection (1) of this section), responsible persons shall abate graffiti attracting surfaces (as defined in CMC 9.12.020) by causing any of the following modifications (or combinations thereof) to be made to the surface:

(a) Retrofitting of said surface or structure (with all requisite city approvals, permits, and inspections);

(b) Application and/or use of anti-graffiti materials (as approved by the director of community development or his/her designee) to the surface or structure such as anti-etching films or anti-graffiti paints;

(c) Installation of landscaping (as approved by the director of community development) so as to screen or to provide a barrier to the surface or structure; and

(d) Installation of additional lighting (as approved by the director of community development). (Ord. 659 § 4, 2016; Ord. 632 § 2, 2013).

(1) Abatement of Nuisance. The city council hereby declares that the maintenance of the graffiti and/or a graffiti attracting surface is subject to abatement pursuant to the provisions of this chapter. Furthermore, the city council authorizes the appropriation and use of public funds to remove graffiti or other inscribed material from publicly or privately owned real or personal property located within the city and to repair, restore, replace, or retrofit publicly or privately owned property within the city that has been defaced with graffiti or other inscribed material that cannot be removed cost effectively, or to otherwise abate graffiti attracting surfaces as defined above.

(a) In instances where a responsible person consents to the abatement of graffiti or graffiti attracting surfaces by city forces, the director of public works, or his designee, is authorized to immediately abate the nuisance.

(2) Notice to Abate. Whenever any enforcement officer determines the existence of a nuisance involving graffiti or a graffiti attracting surface as defined by and declared in CMC 9.12.030 and determines that city employees, representatives, or contract agents may need to abate said nuisance, the enforcement officer shall issue a notice to abate graffiti nuisance (hereinafter, “notice to abate graffiti”) to the owner and the entity in possession of or in control of the property on which the nuisance exists, or to any other responsible person, requiring the abatement of the nuisance within 48 hours of the date of service of the notice to abate graffiti, or within some other reasonable time in connection with a graffiti attracting surface.

(a) Contents of Notice to Abate Graffiti. A notice to abate graffiti issued pursuant to this chapter shall contain the following provisions:

(i) The address of the real property on which the nuisance condition exists;

(ii) A brief description of the nuisance condition(s);

(iii) A reference to the law prohibiting or pertaining to the nuisance condition;

(iv) A brief description of the required corrective actions;

(v) A time period and/or schedule in which to complete the nuisance abatement actions (with all required city approvals, permits, and inspections, when applicable) (hereinafter, “compliance period”);

(vi) The period and manner in which a responsible person may contest the notice to abate graffiti pursuant to this chapter;

(vii) A statement that if the violations are not abated within the time specified or a timely appeal is not made, such nuisance may be abated by city agents, in the manner provided in the notice. On such occasions, all costs of the abatement shall be assessed against the responsible person(s) and/or the subject property, as a lien or as a special assessment or in any other manner provided by law.

(b) Service of Notice to Abate Graffiti.

(i) Notice to abate graffiti shall be served upon the responsible persons by either personal delivery or by certified first class mail. The time and date on which a notice to abate graffiti is personally served or is placed in a U.S. Postal Service mail receptacle shall constitute the date of service. Failure of any responsible person to receive a notice to abate graffiti shall not invalidate any action or proceeding pursuant to this chapter.

(ii) The enforcement officer issuing the notice to abate graffiti to an owner of real property may rely on the owner’s mailing address according to the last equalized assessment roll of the Los Angeles County recorder’s office and/or as listed on any application for a city business license, permit, or other entitlement in determining a service address for the notice to abate graffiti.

(3) Method of Abatement. Where graffiti is being abated by the repainting of the surface on which the graffiti exists, the responsible person shall adhere to the requirements of CMC 9.12.070. As it relates to a graffiti attracting surface, a notice to abate graffiti may require, but shall not be limited to, any of the following modifications (or combinations thereof) to said building, structure, tree, shrub, sidewalk, curb, or vehicle (or the property on which said building, structure, tree, shrub, sidewalk, curb, or vehicle exists) as methods of abatement (the costs of which are to be borne by the responsible person):

(a) Retrofitting of said surface or structure (at a cost not to exceed 10 percent of the assessed value of the property on which the nuisance exists, as indicated on the last equalized assessment roll of the Los Angeles County recorder’s office);

(b) Application and/or use of anti-graffiti materials (as approved by the director of community development or his/her designee) to the surface or structure such as anti-etching films or anti-graffiti paints;

(c) Installation of landscaping (as approved by the director of community development) so as to screen or to provide a barrier to the surface or structure; and

(d) Installation of additional lighting (as approved by the director of community development).

(4) Appeal of Notice to Abate Graffiti.

(a) Right of Appeal From a Notice to Abate Graffiti.

(i) A responsible person receiving a notice to abate graffiti pursuant to the provisions of this chapter may contest the notice by filing a written request for an appeal and paying any applicable fees (as established by council resolution) with the city clerk within two business days of the date of service of the notice to abate graffiti. A written request for an appeal shall contain the following information:

(A) Name, address, and telephone number of each responsible person who is appealing the notice to abate graffiti (hereinafter, “appellant”), as well as a description of each appellant’s relationship/interest in the real property upon which the city intends to enter and abate a graffiti nuisance;

(B) Address and description of real property upon which the city intends to enter and abate a graffiti nuisance;

(C) Date of notice to abate graffiti being appealed;

(D) Specific action being appealed;

(E) Grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy; and

(F) The signature of at least one appellant.

(ii) Failure of the city clerk to receive a timely request for an appeal (including payment of applicable fees) constitutes a waiver of the right to contest a notice to abate graffiti. In this event, the notice to abate graffiti is final and binding.

(iii) The provisions of this section only apply to instances where the city has elected to establish the right, but not the obligation, to abate graffiti with city agents. In no event does this chapter limit the right of city officials to issue alternative written or oral notices of code violations to responsible persons, or to cause the abatement of graffiti nuisances in a different manner, including, without limitation, by court orders arising from the city’s exercise of its criminal or civil remedies.

(b) Appeal Hearing before City Manager (or Designee).

(i) As soon as practicable after receiving the request for an appeal (and in no event more than 30 days from the filing date of the request), the city manager or designee shall schedule and conduct the appeal hearing. The city manager or designee shall provide each appellant with notice of the date, time, and location of the appeal hearing at least three calendar days prior to its occurrence. Service of the notice of hearing shall be made by first class mail, postage prepaid, to each appellant at the address(es) provided on the request for an appeal. The failure of any appellant to receive a properly addressed notice of hearing shall not invalidate any action or proceeding by the city pursuant to this chapter.

(ii) Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish a graffiti nuisance by a preponderance of the evidence. The notice to abate graffiti and any additional reports/photographs submitted by the enforcement officer shall constitute prima facie evidence of the facts contained in those documents and such enforcement officer is not required to participate in the appeal hearing. The appellant and city officials, as well as any other responsible person, shall have the right to present testimony, witnesses, and evidence at the hearing pertaining to the alleged nuisance or other ground of appeal, as well as to cross-examine any witnesses testifying at the hearing. The appellant and the enforcement officer may represent himself/herself/themselves or be represented by anyone of his/her/their choice. The appellant, or other interested persons, may bring an interpreter to the hearing at his/her/their sole expense. The city may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording.

(iii) The failure of any appellant to appear at the hearing shall constitute a rescission of the request for an appeal hearing, and the appellant will be deemed to have waived his rights to a hearing. In this event, the notice to abate graffiti shall be deemed final and binding.

(iv) The city manager or designee may continue the hearing on his/her own motion.

(c) Notice of Decision – Order to Abate.

(i) Within a reasonable time, not to exceed 10 calendar days following the conclusion of the appeal hearing, the city manager or designee shall make any one or more of the following determinations in a written decision (hereinafter, “order to abate”):

(A) A finding and description of each graffiti nuisance at the subject property, or the nonexistence thereof. In the event of a finding of nonexistence of all nuisance conditions contained in the notice to abate graffiti, the city manager or designee shall cancel the notice to abate graffiti.

(B) The name of each person responsible for a graffiti nuisance at the subject property, as well as the name of any appellant who lacks responsibility therefor;

(C) The required corrective action and completion date for each unabated graffiti nuisance;

(D) Any other finding, determination, or requirement that is relevant or related to the subject matter on appeal.

(ii) The decision of the city manager or designee is final and binding. The order to abate shall also contain the following statement:

This Order to Abate is a final administrative decision of the City, and judicial review of this decision is subject to the time limits set forth in California Code of Civil Procedure sections 1094.6 et seq.

(iii) A copy of the order to abate shall be served on all appellants by first class mail to the address(es) stated on the request for appeal form. In the event that a responsible person was originally served with a notice to abate graffiti but was not an appellant, such responsible person shall also be served a copy of the order to abate by first class mail to the address(es) at which the notice to abate graffiti was served. Failure of an appellant or other responsible person to receive a properly addressed and mailed order to abate shall not invalidate any action or proceeding pursuant to this chapter.

(5) Scope of Abatement. Whenever the city authorizes the use of public funds for the removal of graffiti, the painting or repairing of surfaces containing graffiti, or for the abatement of graffiti attracting surfaces, the city shall not authorize or undertake to provide for the painting or repairing of any more extensive area than that where the graffiti or graffiti attracting surface is located, unless the city manager, or his designee, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid aesthetic disfigurement to the neighborhood or community, or unless a responsible person agrees in writing to pay for the costs of repainting or repairing the more extensive area.

(6) Costs of Abatement. The costs of abatement performed by city forces, or agents thereof, shall constitute a personal obligation against the responsible persons (as defined in this chapter) and may be assessed in any, or all, of the following manners:

(a) Special assessment or nuisance abatement lien;

(b) Graffiti abatement lien against any property owned by a minor or other person (or the parent or guardian of any minor) creating, causing, or committing a graffiti nuisance, as authorized by Section 38773.2 of the California Government Code (or any successor statute thereto);

(c) Special assessment against any property owned by a minor or other person (or the parent or guardian of any minor) creating, causing, or committing a graffiti nuisance, as authorized by Section 38773.6 of the California Government Code (or any successor statute thereto);

(d) Any other manner provided in the city’s graffiti abatement protocols/policy (in instances where a responsible person consents to the removal of the nuisance by city forces);

(e) Pursuant to an order of restitution by a court of competent jurisdiction in accordance with California Penal Code Section 1202.4, California Government Code Section 38772, or any other applicable state or federal law; and

(f) Any other manner provided or authorized by law. (Ord. 659 § 6, 2016).

(1) Pursuant to Government Code Section 5309.5, the city may offer a reward as determined by the city manager, after consultation with local law enforcement, for information leading to the arrest and conviction of any person whose willful misconduct results in the damage or destruction of any personal or real property under any provision of this chapter, not to exceed one reward of $500.00 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 manager. 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.

(2) Claims for rewards under this section shall be filed, processed, and paid in accordance with procedures established by the city manager and approved by the city council.

(3) Claims for rewards under this section shall be filed with the city. Each claim shall:

(a) Specifically identify the date, location, and kind of property damaged or destroyed.

(b) Identify, by name, the person who was convicted of or who confessed to the damage or destruction of the property.

(c) Identify the court and the date upon which the conviction occurred or the place and the date of the confession.

(d) No claim for a reward shall be allowed by the city council unless the city manager or designee investigates and verifies the accuracy of the claim and recommends that it be allowed. The investigation must determine that the claimant’s information was relevant and directly responsible for the arrest and conviction of the suspect.

(e) Any responsible party who has caused the relevant graffiti shall be liable for the amount of any reward paid pursuant to this section.

(f) No city employee or official shall be eligible for a reward made pursuant to this section. (Ord. 632 § 2, 2013).

(1) Pursuant to Government Code Section 38772, the city council hereby makes the expense of the city’s abatement of graffiti violations of law committed by a minor:

(a) A joint and several personal obligation of both the minor causing the graffiti nuisance and the parent(s) or legal guardian(s) having custody and control of the minor; and

(b) A lien against the property of the parent(s) or legal guardian(s) having custody and control of the minor.

(2) Pursuant to Government Code Section 38772(c), the county probation officer shall report the names and addresses of the parent(s) or legal guardian(s) having custody and control of a minor responsible for a violation of this chapter to the city clerk. (Ord. 632 § 2, 2013).

(1) Pursuant to Government Code Sections 38772, 38773, 38773.2, 38773.6, and/or 38773.7, the city shall be legally entitled to recover and collect abatement and related administrative costs incurred in the summary abatement of graffiti nuisances from the property owner maintaining the nuisance, as determined by the last equalized assessment roll or the supplemental roll, whichever is more current, and/or the minor or other person creating, causing, or committing the nuisance. The parent(s) or guardian(s) having custody and control of a minor shall be jointly and severally liable with the minor. (Hereinafter, the property owner maintaining the nuisance, as determined by the last equalized assessment roll or causing, or committing the nuisance and the parent(s) or guardian(s) having custody and control of a minor shall be referred to as the “nuisance party.”)

(a) Should the city manager or designee abate any graffiti as set forth in this chapter, he or she shall thereafter prepare a statement of all abatement and related administrative costs to determine the actual costs of abatement. The statement of abatement and administrative costs shall be sent to the nuisance party via the United States Postal Service, certified mail, postage thereon fully prepaid. Unless appealed as set forth below, the notified nuisance party shall pay to the city the full costs of abatement within 30 calendar days from the mailing of said notice. If the costs of abatement are paid for by the property owner maintaining the nuisance and also by the minor or other person creating, causing, or committing the nuisance and/or the parent(s) or guardian(s) having custody and control of the minor, amounts paid in excess of the actual costs of abatement shall be reimbursed to the property owner liable for maintaining the nuisance.

(b) If the applicable nuisance party desires to appeal the assessment, the party may do so by requesting an informal hearing before the city manager or designee in writing within 10 calendar days from mailing of the statement of abatement and administrative costs. Following the informal hearing, the city manager or designee shall then render a final decision on the assessment in writing within 10 calendar days and mail the same by first class mail, postage prepaid, to the nuisance party.

(c) The affected nuisance party shall then have 10 calendar days from the date of mailing to appeal this decision to the city council. The appeal shall be in writing.

(d) The proposed assessment, if not paid in full, shall be calendared for approval by the city council, whether or not an appeal has been filed.

(e) Notice of the date and time of the city meeting for which the proposed assessment has been calendared for approval and/or appeal shall be sent to the nuisance party via the United States Postal Service, first class mail, postage thereon fully prepaid.

(f) The failure of the city to transmit to any nuisance party or of any nuisance party to receive any notice provided pursuant to this section shall not affect the validity of any proceeding in this section, including the liability of any other notified nuisance party to pay the costs of abatement and related administrative costs.

(2) The city council shall have the authority to adopt a resolution confirming the lien assessment, which, following adoption, shall be recorded by the city clerk in the county recorder’s office in which the parcel of land is located, pursuant to Government Code Sections 38773.1(c), 38773.2(c), and/or 38773.6 after the notice of lien has been served on the nuisance party. From the date of recording, the lien shall have the force, effect, and priority of a judgment lien.

(3) Pursuant to Government Code Sections 38773.1(c)(1) and/or 38773.2(d), the resolution confirming the abatement lien shall specify the amount of the lien; the name of the agency on whose behalf the lien is imposed, the date of the abatement order; the street address, legal description, and assessor’s parcel number; and the name and address of the record owner of the parcel.

(4)

(a) Following the adoption of a resolution by the city council confirming the imposition of a lien upon the nuisance party’s property, and prior to the recordation of the lien, the city manager or designee shall cause to be served a notice of lien upon the nuisance party. The notice of lien for purposes of this section shall be in substantially the following form:

NOTICE OF LIEN

(Claim of the City of Cudahy)

Pursuant to Government Code sections 38772, 38773, 38773.1, 38773.2, 38773.5, 38773.6, and/or 38773.7, and the authority of Chapter 9.12 of the Cudahy Municipal Code, the City Manager of Cudahy did on or about the day of (date), (year), cause the abatement of graffiti at the premises hereinafter described in the (date), (year), order to abate a public nuisance on said real property; and the City Council of the City of Cudahy did on the (day) of (month), (year), assess the cost of such abatement upon the real property hereinafter described; and the same has not been paid nor any part thereof; and the City of Cudahy does hereby claim a lien for such costs of abatement in the amount of the assessment, to wit: the sum of _____ Dollars (amount); 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 hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land laying and being in the City of Cudahy, County of Los Angeles, State of California, and particular as follows:

(street address, legal description, and assessors parcel number)

The record owner of the real property hereinbefore mentioned is (name), (address of the record owner).

DATED this (day) day of (month), (year)

City of Cudahy, California

(b) The notice of lien shall be served on the nuisance party in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the person to be served, after diligent search, cannot be found, the notice of lien may be served by posting a copy of the notice upon the property owned by the nuisance party, in a conspicuous place, for a period of 10 calendar days. The notice shall also be published pursuant to Government Code Section 6062 in a newspaper of general circulation that is published in the jurisdiction. The period of notice commences upon the first day of publication and terminates at the end of the tenth day, including therein the first day. Publication shall be made on each day on which the newspaper is published during that period. (Ord. 632 § 2, 2013).

As an alternate to the lien abatement procedure, the city council also establishes the following nuisance abatement procedure, in accordance with Government Code Section 38773.6, to make the cost of abatement a special assessment against real property owned by a nuisance party. To establish such an abatement special assessment against land, the same procedural steps as set forth in CMC 9.12.110(1) through (4) and the notice requirements of Government Code Section 38773.5, as such section may be periodically amended, shall be followed, except that in any required notices and/or documents, the term “lien” shall be replaced with the term “special assessment.” The assessment against the land shall also be collected at the same time and in the same manner as municipal taxes. (Ord. 632 § 2, 2013).

In addition to any other administrative, civil, or other fines, and/or penalties provided under this code and/or state law, any violation of this chapter shall be a misdemeanor offense punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment, in accordance with CMC 1.36.010. (Ord. 632 § 2, 2013).

In addition to any other penalty provided under this code and/or other applicable law, any violation of this chapter shall be subject to an administrative fine imposed in accordance with the provisions of Chapter 1.40 CMC. (Ord. 659 § 8, 2016).

In addition to pursuing administrative fines and/or penalties and/or criminal charges for violations of this chapter, the city attorney may (1) file civil complaints against the parent(s) or legal guardian(s) of a minor who defaces public or private property; and (2) seek recovery for the property damage, cost of graffiti removal, abatement expenses, law enforcement investigative costs, as well as city attorney fees and costs, up to the amount authorized and periodically adjusted pursuant to Civil Code Section 1714.1(a) through (d) for each tort of the minor. Pursuant to that section, any act of willful misconduct of a minor, which results in the defacement of property in violation of this chapter is imputed to the parent(s) or guardian(s) having custody and control of the minor for all purposes of civil damages, including court costs, and attorneys’ fees, and the parent(s) having custody and control is jointly and severally liable with the minor for any damages resulting from the willful misconduct of the minor, not to exceed the amount specified above. (Ord. 632 § 2, 2013).

Pursuant to Government Code Section 3877.5(b), the city may recover attorneys’ fees in any action, administrative proceeding, or special proceeding to abate a violation of this chapter, as such violation constitutes a public nuisance. The recovery of attorneys’ fees shall be by the prevailing party and limited to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to the prevailing party exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding. (Ord. 632 § 2, 2013).

Nothing in this chapter shall be deemed to prevent the city from commencing an administrative, civil and/or criminal proceeding to abate a public nuisance or any violation of this chapter or from pursuing any other means available to it under provisions of applicable ordinances or state law in addition to, or as alternatives to, the proceedings set forth herein. (Ord. 632 § 2, 2013).

(1) Upon conviction of any person for violation of CMC 9.12.030, 9.12.040, 9.12.050, or any state law pertaining to vandalism of property with a graffiti implement, the city may petition the sentencing court to impose community service time, pursuant to Penal Code Section 640.6. The sentencing court may require the performance of community service within the city in addition to any monetary penalties imposed. If the sentencing court approves community service, the city may request any adult or emancipated minor convicted of vandalism, as defined by Penal Code Section 594(a)(1), to:

(a) Complete a minimum of 24 hours, but no more than 48 hours, of community service cleaning up, removing, and repairing property damaged by graffiti for the first conviction; and

(b) Complete 48 hours, but no more than 96 hours, of community service cleaning up, removing, and repairing property damaged by graffiti for each subsequent conviction.

(2) Any person who is under the age of 18 when he or she violates any provision of this chapter or any state law pertaining to vandalism of property with a graffiti implement, and is found to be a person described in Welfare and Institutions Code Section 602 by reason of the commission of vandalism, may be required to perform community service time pursuant to Welfare and Institutions Code Section 729.1. For any minor adjudicated guilty of vandalism, the city may petition the juvenile court and the court may, in addition to any other penalties imposed by the city, require the unemancipated minor to provide the necessary labor to clean up, repair, or replace defaced, damaged, or destroyed property, or otherwise make restitution to the property owner.

(3) If a minor is personally unable to pay any fine levied for violating any provision of this chapter or is otherwise unable to make restitution for damages, the minor’s parent or legal guardian shall be liable for payment of the fine or restitution. If the parent or legal guardian cannot make restitution, the sentencing court may waive payment of the fine or community service time by the parent or legal guardian upon finding of good cause. If the sentencing court waives payment of the fine by the parent or legal guardian, the city may petition the sentencing court, and the court, at the court’s option, may order the parent or legal guardian to provide the necessary labor, equal to the number of hours assigned to the minor adjudicated guilty of violating any provision of this chapter, to clean up, repair, or replace property damaged by the unemancipated minor. (Ord. 632 § 2, 2013).

For each conviction of a person aged 13 to 21 for violation of CMC 9.12.030, 9.12.040, 9.12.050 or any state law pertaining to vandalism of property with a graffiti implement, the city may petition the sentencing court to suspend existing driving privileges or delay the issuance of driving privileges in accordance with Vehicle Code Section 13202.6. (Ord. 632 § 2, 2013).

In approving tentative or parcel maps, conditional use permits, variances, or other similar land use entitlements, the city shall impose conditions reasonably related to the mitigation of the impacts of graffiti. Such conditions may include, but are not limited to:

(1) Developer shall apply an anti-graffiti material of a type and nature that is acceptable to the city manager to each surface viewable by the public on the improvements to be constructed on the site deemed by the city manager or designee to be likely to attract graffiti (“graffiti attracting surfaces”).

(2) Developer shall grant to city a covenant upon the subject property or properties for the right of ingress and egress to such property upon 48 hours of posting of notice by authorized city employees or agents of the city for the purpose of removing or abating graffiti from graffiti attracting surfaces, and for the right to remove such graffiti.

(3) Developer shall provide the city with sufficient matching paint and/or anti-graffiti material for use in the painting over or removal of designated graffiti attracting surfaces for as long as the developer owns the property.

(4) Developer shall provide, either as part of the conditions, covenants and restrictions, or as separate covenants recorded against individual lots, prior to resale of the same property or land, a covenant to run with the land and be for the benefit of the city, in a form satisfactory to the city, that the owner of the lots shall immediately remove any graffiti placed thereon. (Ord. 632 § 2, 2013).