Los Angeles County Municipal Code Ch. 13.12 Graffiti Prevention, Prohibition and Removal

A.

The purpose of this section is to help prevent the spread of graffiti and to establish a program for its removal from county- owned property and non-county owned property within the unincorporated area of the county.

B.

California Government Code sections 53069.3 and 38772 authorizes the county, under certain circumstances, to provide for the removal and the summary abatement of graffiti and other inscribed materials from private as well as public property. The board of supervisors finds and determines that graffiti is obnoxious and a public nuisance, as well as an immediate threat to public health and safety, and unless the county causes it to be removed from county-owned and non-county-owned property within the unincorporated area of the county, it tends to remain. Other properties then become the target of graffiti, often accompanied by more violent crime, with the result that entire neighborhoods are affected and become less desirable places in which to be, all to the detriment of the county.

C.

It is the purpose of the board of supervisors of the county of Los Angeles, through the adoption of this chapter, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement, including the application of graffiti on walls, natural objects and structures. Such acts are destructive of the rights and values of property owners as well as the entire community.

(Ord. 2008-0044 § 5, 2008; Ord. 93-0072 § 1 (part), 1993.)

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

"Aerosol paint container" means any aerosol container which is adapted or made for the purpose of applying spray painting, or other substance capable of defacing property.

"Felt-tip marker" means any indelible marker or similar implement with a tip which, at its broadest width, is greater than one- eighth of an inch, containing ink or other pigmented liquid which is not water soluble.

"Graffiti" means any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to or on any surface of county-owned property or non county-owned property within the unincorporated area of the county 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, or, despite advance authorization, is otherwise deemed by the board to be a public nuisance.

"Graffiti implement" means an aerosol paint container, a felt-tip marker, gum label, paint stick or graffiti stick, etching tool including, but not limited to, etching creams and substances, or any other device capable of scarring or leaving a visible mark on glass, metal, concrete or wood or any other surface.

"Paint stick" or "graffiti stick" means any 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, of leaving a mark at least one-eighth of an inch in width.

(Ord. 2001-0098 § 1, 2001: Ord. 93-0072 § 1 (part), 1993.)

A.

It is unlawful for any person to apply graffiti to any trees or structures including, but not limited to, buildings, walls, fences, poles, and signs, ("structures" hereinafter in the chapter) on any county-owned property or without the permission of the owner or occupant, on any non-county-owned property within the unincorporated area of the county.

B.

It is also unlawful for any person to intentionally deface, tear down, obliterate or destroy any copy, transcript or extract of or from any ordinance of the county of Los Angeles posted in any public place or any proclamation, advertisement or notice set up at any place by authority of any ordinance of the county before the expiration of the time such notice was to remain set up.

C.

It is also unlawful for any person to erect, construct, place or maintain any signboard, billboard, sign or advertisement in, over or on any public highway of the County of Los Angeles with the exception of signs and advertisements of a temporary or seasonal nature and of general community interest that may be authorized as provided in Title 16, Division 1 of this Code.

D.

The sheriff and the road commissioner shall remove every unauthorized sign, handbill, or advertisement affixed to or posted contrary to the provisions of this section.

E.

Violation of subsection A of this section shall be subject to enforcement through civil abatement and/or administrative fine and noncompliance fee proceedings.

F.

Violation of subsection B or C of this section is an infraction punishable by a fine not to exceed $250.00.

(Ord. 2022-0029 § 8, 2022; Ord. 2008-0044 § 6, 2008; Ord. 93-0072 § 1 (part), 1993.)

It is unlawful for any person under the age of eighteen years to have in his or her possession any graffiti implement while on any school property, grounds, facilities, buildings, or structures, or in areas immediately adjacent to these specific locations upon public property, or upon private property without the prior written consent of the owner or occupant of such private property. The provisions of this section shall not apply to the possession of felt-tip markers by minors attending, or travelling to or from school at which the minor is enrolled, if the minor is participating in a class at said school which formally requires the possession of felt-tip markers. The burden of proof in any prosecution for violation of this section shall be upon the minor student to establish the need to possess a felt-tip marker.

(Ord. 93-0072 § 1 (part), 1993.)

It is unlawful for any person to have in his or her possession any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility, or other public building owned or operated by the county or while in or within 100 feet of an underpass, bridge abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the county.

(Ord. 93-0072 § 1 (part), 1993.)

It is unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan or otherwise furnish or cause to permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any minor without the consent of the parent or other lawfully designated guardian, which consent shall be given in advance in writing.

(Ord. 93-0072 § 1 (part), 1993.)

A.

Every person who owns, conducts, operates or manages a retail commercial establishment selling graffiti implements shall display and store or cause such implements to be displayed and stored in areas which may be viewable by, but shall not be accessible to the public without employee assistance, pending legal sale or disposition of such implements.

B.

Violation of this section is a misdemeanor punishable by a fine not to exceed $500.00, or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment.

C.

Civil Responsibility for Damages for Wrongful Display or Storage. Any person who displays or stores, or permits the display or storage, of any graffiti implement in violation of the provisions of this section shall be personally liable for any and all costs, including attorney's fees and court costs, incurred by any party in connection with the removal of graffiti, the repair of any property containing graffiti, or such party's prosecution of a civil claim for reimbursement or damages resulting from such graffiti removal or property repair, arising from the use by any person of such wrongfully displayed or stored graffiti implement in violation of the provisions of any of the sections of this chapter.

(Ord. 93-0072 § 1 (part), 1993.)

Every person, not authorized by the proper authority to do so, who unlocks, in any manner, any lock, gate, door or any other appurtenance, which lock, gate, door or other appurtenance is owned or under the control of the county of Los Angeles is guilty of a misdemeanor.

(Ord. 93-0072 § 1 (part), 1993.)

The existence of graffiti on any county-owned property, or without the permission of the owner or occupant, on any non- county-owned property within the unincorporated area of the county is expressly declared to be a public nuisance.

A.

1. The board of supervisors hereby declares and finds graffiti to be a nuisance subject to abatement according to the provisions and procedures herein contained.

It is the duty of both the owner of the property to which the graffiti has been applied, and any person who may be in possession or who has the right to possess such property, to at all times keep such property clear and free of graffiti.

B.

The existence of any surface of a structure on any non-county owned property within the unincorporated area of the county where such surface has been defaced with graffiti after removal more than five times in 12 months is hereby deemed to be a nuisance, and may be abated by the county requiring modifications thereto, or the immediate area surrounding same, according to the provisions and procedures adopted by the county. Such modifications may include, but are not limited to: retrofitting of such surfaces at the expense of the property owner(s) of said lot, not to exceed a total cost of $500.00, or at the cost to the county at the county's option, with such features or qualities as may be established by the county as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient, expedient or efficient removal of graffiti therefrom.

C.

No person shall post, affix, or attach any handbill, poster, or placard on any county-owned property, or without the permission of the owner or occupant, on any non-county-owned property within the unincorporated area of the county. The sheriff, the director, department of public works, and any additional county department head, as authorized by the board of supervisors, is authorized to order removal of such posters, with the owner or occupant's permission. The decision to remove such posters shall not be based on content. Any person who is actually or constructively responsible for the posting, creating, printing, or copying of such posters shall be liable for the costs incurred in the removal thereof and the sheriff, the director, department of public works, and any additional county department head, as authorized by the board of supervisors, is authorized to effect the collection of such costs. Such costs shall be the actual or reasonable costs attributable to the removal of such posters. Persons billed for such removal costs may appeal such cost assessment to the building rehabilitation appeals board in accordance with rules adopted by that board. The decision of this board will be final for

purposes of Code of Civil Procedure Section 1094.5, judicial review, unless the board of supervisors within 90 days of that decision is made, grants, in its sole discretion, a hearing on the appeal.

D.

For purposes of subsection C of this section, there shall be a presumption that a person (corporate or individual), whose name or telephone number or address or notice of public or private appearance or business location appears on the poster is a person responsible for posting the poster.

E.

Any person violating subsection C of this section is guilty of an infraction punishable by a fine of $100.00 for the first infraction, $200.00 for the second infraction in one year, and $500.00 for each infraction thereafter within one year.

(Ord. 93-0072 § 1 (part), 1993.)

Any person applying graffiti on county-owned property or within the unincorporated area of the county shall have the duty to remove same within 24 hours after notice by the county or private owner of the property involved. Such removal shall be done in a manner prescribed by the sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, and may be deemed by the county to satisfy any payment or penalty that might otherwise be imposed. Any person applying graffiti shall be responsible for such removal or for the payment therefor. Failure of any person to so remove graffiti or pay for its removal shall constitute an additional violation of this chapter. Where graffiti is applied by an unemancipated minor, the parent(s) or legal guardian(s) shall also be responsible for such removal or for the payment therefor. The sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors may convert such payment into equivalent forms of community service hours. Such payments or equivalent forms of community service hours shall be in addition to any other penalties imposed.

(Ord. 93-0072 § 1 (part), 1993.)

through juvenile court proceedings.

A.

Juvenile court restitution order. In cases where a petition has been filed pursuant to section 602 of the Welfare and Institutions Code, the probation officer of the county may seek recovery through juvenile court proceedings in accordance with sections 742.14 and 742.16 of the Welfare and Institutions Code of the costs associated with the defacement by minors of its property and the property of others by graffiti or other inscribed material.

B.

Findings regarding costs incurred by the sheriff's department in identification and apprehension. The board of supervisors finds that the average cost incurred by the sheriff's department in identifying and apprehending a person subsequently convicted of a violation of section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code or a minor subsequently found to be a person described in section 602 of the Welfare and Institutions Code by reason of the commission of an act prohibited by section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code is $665.00.

C.

Findings regarding costs incurred for removal, repair, and/or replacement. The board of supervisors finds that the average cost to the county of removing graffiti and other proscribed material, and of repairing and replacing property of the types frequently defaced with graffiti or other inscribed material that cannot be removed cost effectively, is $522.00 per incident of graffiti vandalism.

D.

Transmittal and periodic review of findings. A certified copy of the ordinance containing the findings set forth in subsections B and C, above, shall be transmitted to the clerk of the juvenile court and the probation officer. The findings set forth in subsections B and C, above, shall be reviewed at least once every three years at which time the board of supervisors shall adopt any updated cost findings.

E.

Transmission of data to probation officer. As provided by Welfare and Institutions Code section 742.16, the county shall transmit to the probation officer its data about its expenditure of resources in identifying and apprehending any minor about whom a petition is filed alleging that the minor is a person described in section 602 of the Welfare and Institutions Code by reason of commission of an act prohibited by section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and its expenditure of resources to remove graffiti or other material inscribed, or to repair or replace property where it is not cost effective to remove graffiti or other inscribed material, by any minor about whom a petition is filed alleging that the minor is a person described in section 602 of the Welfare and Institutions Code by reason of commission of an act prohibited by section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code.

(Ord. 2008-0044 § 7, 2008.)

Graffiti may be removed by either of the following methods:

A.

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 repair or maintenance of property in the unincorporated area of the county, hereinafter referred to in this section as the "responsible party," to permit said property which is defaced with graffiti to remain so defaced for a period of 10 days after service by first-class mail of notice of same, unless (1) said person shall demonstrate by a preponderance of the evidence that he or she does not have the financial ability to remove the defacing graffiti, or (2) it can be demonstrated by the responsible party 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 to remain defaced with graffiti for a period of 15 days after service by first-class mail of notice of same.

B.

Right of County to Remove.

Whenever the county becomes aware, or is notified and determines that graffiti is located on county-owned property or non- county-owned property within the unincorporated area of the county that is viewable by persons utilizing any public right-of- way in the county, the county shall secure the consent of the property owner and the county shall be authorized to use public funds to provide for the painting or repairing of same, 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 sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, 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 the responsible party agrees to pay for the costs of repainting or repairing the more extensive area.

Right of Entry on Private Property.

a.

Prior to entering upon private property or property owned by a public entity other than the county, for purposes of removal of graffiti, the county shall secure the consent of the responsible party, and a release of the county from any liability.

C.

If a responsible party fails to remove the offending graffiti within the time herein specified, or if the county shall have requested consent to remove or paint over the offending graffiti and the responsible party has refused to grant consent for entry on terms acceptable to the county consistent with the terms of this section, the county may commence abatement and cost-recovery proceedings for the removal of the graffiti pursuant to the provisions of this chapter which procedures authorize the recovery of all costs incurred by the county in abating graffiti, including the recordation of a lien as to the affected property. Notwithstanding the foregoing, owner-occupied single-family residences are excluded from such cost recovery proceedings, including the recordation of a lien on the property.

Whenever the sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, determines that graffiti has been applied to non-county-owned property within the unincorporated area of the county, the sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, determines that the graffiti is obnoxious and that it is in the interest of the county of Los Angeles to remove such graffiti through the use of county resources, then the sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, may use county resources to remove the graffiti provided that the sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, obtains the consent of the private property owner and release of the county from liability.

a.

Whenever the sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, determines that graffiti is being maintained upon any non-county-owned property within the unincorporated area of the county in violation of this chapter, the sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, may issue a written notice and order to abate the graffiti. The notice shall be issued to the owner of the property and shall inform the owner that the owner is maintaining graffiti which constitutes a public nuisance and that maintenance of the graffiti is a violation of the Los Angeles County Code. The notice shall state that the graffiti must be removed within 10 days from the date of the notice and that if the graffiti is not removed within that time, then the county proposes to remove the graffiti and the cost of such removal, if not paid by the owner, shall be made a lien upon the property. Notwithstanding the foregoing, a notice of graffiti nuisance shall not be issued to the owner of a single-family residence which is owner-occupied.

b.

The notice shall also inform the property owner that if the graffiti is not removed within the specified 10-day period, then a hearing shall be held before the sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, to hear any protest of the property owner. The notice shall specify the time and place at which the sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, shall hold such hearing pursuant to subsection (C)(4) of this section. Such hearing shall be scheduled not less than 10 days after the date of the notice.

c.

The sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, may extend the time period allotted for abatement of the graffiti if the sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the

board of supervisors, determines that compliance within the time specified in the notice would place an undue burden on the property owner.

a.

The notice issued pursuant to subsection (C)(2) of this section shall be addressed to the owner of the property as shown on the latest tax assessment roll at the owner's last known address and shall be delivered by depositing a copy of the notice in the United States mail, postage paid, or personally delivering a copy of the notice to the owner. Notice shall also be posted in a conspicuous place on the subject property. Except no such notice shall be either mailed to or posted on an owner- occupied single-family residence.

b.

The failure of any person to receive notice shall not affect the validity of any proceeding under this chapter.

Before any abatement of any graffiti, the sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, shall hold a hearing regarding the proposed abatement to determine whether the graffiti constitutes a public nuisance and whether abatement is appropriate. The hearing officer shall receive and consider all relevant evidence presented at the hearing. Any interested person shall be given an opportunity to be heard.

The hearing officer shall provide notice of the hearing officer's decision and shall provide an order to abate the graffiti, if appropriate, to the owner of the subject property as shown in the latest tax assessment as shown in subsection (C)(3) of this section.

The sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, may order that the county abate any graffiti that has been determined to be a public nuisance and that remains unabated at least seven days after the hearing officer gives notice of the hearing officer's decision and issues an order to abate under subsection (C)(5) of this section.

a.

The sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, shall keep an account of the costs, including incidental expenses, of abating such graffiti on each separate property where the work is done and shall render an itemized report in writing to the board of supervisors showing the cost of abatement of the graffiti. The term incidental expenses shall include but is not limited to the actual expenses and costs of the county in the preparation of notices, title searches, specifications and contracts, inspection of the work, the cost of posting and mailing required under this chapter, any attorney's fees expended in the abatement of the nuisance, all costs and expenses for which the county may be liable under state law arising from or related to the nuisance abatement action, and all costs or expenses to which the county may be entitled under state law. Costs and expenses for which the county may be reimbursed begin to accrue at the time the county first receives a complaint regarding the graffiti. Costs and expenses may be recovered once it has become necessary for the county to conduct an abatement hearing. Notwithstanding the foregoing, costs and expenses of abatement may not be recovered from the owners of single- family residences that are owner-occupied.

b.

The sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, shall notify, in writing the owner or possessor of the property upon which graffiti has been abated by the county, the cost of said abatement in accordance with Section 25845 of the Government Code. Within 10 days of the mailing of such notice, any such party concerned and any other person having any right, title, or interest in the property, may file with the said county a written request for a hearing on the correctness, reasonableness or both of such claim of abatement costs. The sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, shall then cause notice of the time and place of the hearing before the director of the department of public works or his or her designee to be given to the owners and possessors of the property, and to any other interested person requesting the same by United States mail, postage prepaid, addressed to the person at his/her last-known address at least five days in advance of the hearing.

c.

At the time and place fixed for receiving the report, the director of the department of public works or his or her designee shall hear and pass upon the report together with any objections or protests raised by any of the persons liable for the cost of abating the nuisance. Thereupon, the director of the department of public works or his or her designee shall make such revision, correction and modification to the report as it may deem just, after which the report as submitted, or as revised, corrected or modified, shall be confirmed. The decision of the director of the department of public works or his or her designee is final.

If the total cost of the abatement of the graffiti by the county is not paid to the county within 10 days after the date of the notice of the cost of the abatement, the county shall record, in the office of the county recorder, a statement of the total balance due to the county, a legal description of the property, and the name of the owner concerned. From the date of such recording, the balance due will constitute a lien on the property. The lien will continue in full force and effect until the entire amount due, together with interest as the maximum legal rate accruing from the date of the completion of the abatement, is paid in full. Notwithstanding the foregoing, no lien shall be placed on a single-family residence which is owner-occupied.

The county may also, in accordance with the provisions of the laws of the state of California, cause the amount due to the county by reason of its abating graffiti together with interest at the maximum legal rate, accruing from the date of the completion of the abatement, to be charged to the owners of the property, on the next regular bill. All laws of the state of California applicable to the levy, collection and enforcement of the county taxes are hereby made applicable to the collection of these charges. Notwithstanding the foregoing, no charges shall be added to the tax bill of an owner of a single-family residence which is owner-occupied.

The board of supervisors may bring appropriate actions, in a court of competent jurisdiction, to collect any amounts due by reason of the abatement of graffiti by the county and to foreclose any existing liens for such amounts. Notwithstanding the provisions of this chapter, the county may bring the appropriate civil and criminal action in a court of competent jurisdiction for abatement of any nuisance within the county pursuant to any other provision of the law.

D.

Ease of Removal Provisions.

Any gas, telephone, water, sewer, cable, telephone or other utility operating in the county, other than an electric utility, shall paint their above-surface metal fixtures which are installed after the effective date of this chapter with a uniform paint type and color as directed by the director of public works or his or her designee.

Encroachment permits issued by the county may, among other things, be conditions on (a) the permittee applying an anti- graffiti material to the encroaching object or structure of a type and nature that is acceptable to the director of public works or his or her designee; (b) the immediate removal by the permittee of any graffiti; (c) the right of the county to remove graffiti or to paint the encroaching structure; (d) the permittee providing county with sufficient matching paint and/or anti-graffiti material on demand for use in the painting of the encroaching object or structure containing graffiti.

In imposing conditions upon conditional use permits, variances, building permits to the extent permitted by this code, or other similar land use entitlement or development or design applications, the county may impose any or all of the following conditions or other similar or related conditions:

a.

Applicant shall apply an anti-graffiti material of a type and nature that is acceptable to the director of public works or his or her designee to such of the publicly viewable surfaces to be constructed on the site deemed by the director or designee, to be likely to attract graffiti ("graffiti-attracting surfaces");

b.

Applicant shall grant in writing, the right of entry over and access to such parcels, upon 48 hours' posted notice, by authorized county employees or agents, for the purpose of removing or painting over graffiti on graffiti-attracting surfaces previously designated by the director of public works or his or her designee. Such grant shall be made an express condition of approval and shall be deemed to run with the land;

c.

Applicant, and any and all successors in interest, shall, for a period of two years after approval, provide the county with sufficient matching paint and/or anti-graffiti material on demand for use in the painting over or removal of designated graffiti- attracting surfaces;

d.

Persons applying for subdivision maps shall, as part of any conditions, covenants and restrictions, covenant, which covenant shall run with the land in a form satisfactory to the county, that the owners of the lots shall immediately remove any graffiti placed on publicly viewable trees and structures thereon to county's satisfaction.

(Ord. 93-0072 § 1 (part), 1993.)

A.

Summary abatement. As an alternative to the removal provisions set forth in Section 13.12.110, the director of the department of public works or his or her designee or any additional department head as authorized by the board of supervisors, may summarily abate any nuisance resulting from the defacement of the property of another by graffiti or any other inscribed material at the expense of the minor or other person creating, causing, or committing the nuisance and make the expense of abatement of the nuisance a lien against the property of the minor or other person and a personal obligation against the minor or other person.

B.

Joint and several liability of parent or guardian. The parent or guardian having custody and control of a minor committing a nuisance described in subsection A, shall be jointly and severally liable with the minor for the expense of abatement. The unpaid expense of abatement of any nuisance resulting from the defacement of the property of another by graffiti or any other inscribed material shall become 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.

C.

The county probation officer shall report the names and addresses of the parent or guardian having custody and control of a minor committing a nuisance described in subsection A, if known, to the county recorder and to the department of public works.

D.

Definitions. For the purpose of this section, the following terms have the following meanings:

"Expense of abatement" includes, but is not limited to, court costs, attorney's fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the county in identifying and apprehending the minor or other person.

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

"Minor" or "other person" means a minor or other person who has confessed to, admitted to, or pled guilty or nolo contendere to a violation 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 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 by section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code.

E.

Collection of expenses of abatement.

Abatement expense statement. Upon the determination of the expense of abatement, the sheriff, the director of the department of public works, the county ombudsman, or his or her designee, or any additional department head as authorized by the board of supervisors, shall send an abatement expense statement to the responsible person(s) pursuant to subsection A, and if applicable, subsection B, above. Payment shall be due fifteen (15) days from the service of the abatement expense statement. Failure to pay the full amount specified in the abatement expense statement within the required time period shall constitute an additional violation of this chapter, and administrative fines and/or noncompliance fees pursuant to Chapter 1.25 may be assessed in addition to any other fine, penalty, fee, charge, notice of violation, or other remedy that may be imposed.

Hearing; Notice.

a.

Within ten (10) days of the mailing of the abatement expense statement, any person served with an abatement expense statement may file with the county representative who issued the statement, a written request for a hearing on the correctness, reasonableness, or both of such claim of abatement costs. The sheriff, the director of the department of public works or his or her designee, or any additional county department head, as authorized by the board of supervisors, shall then cause notice of the time and place of the hearing before the sheriff or the director of the applicable department or his or her designee to be given to the person requesting the same by the United States mail, postage prepaid, addressed to the person at his/her last known address at least five days in advance of the hearing.

b.

At the hearing, the sheriff or director of the applicable department or his or her designee shall receive all evidence presented by the responsible person and by the county. Thereupon, the sheriff or director of the applicable department or his or her designee shall make such revision, correction, and modification to the statement as deemed warranted, after which the statement as submitted, or as revised, corrected, or modified, shall be confirmed. The decision of the sheriff or the director of the applicable department or his or her designee shall be final.

c.

Suspension of abatement costs. The obligation to pay the expenses of abatement otherwise required under subsection E.1 of this section shall be suspended during the pendency of any hearing provided for under subsection E.2, above. Upon the sheriff or the director of the applicable department or his or her designee rendering his or her decision following a hearing, payment of the confirmed or otherwise revised, corrected, or modified abatement expense statement shall be made within ten (10) days following service of the sheriff or the director of the applicable department's decision upon the responsible person.

Lien against real property for unpaid expenses.

a.

The county may make the unpaid expenses of abatement a lien against the property of the person committing a nuisance described in subsection A, above, and, where such person is a minor, against the property of the parent or guardian having custody and control of such minor.

b.

Notice. Notice shall be given to the minor or other person and to the parent or guardian having custody and control of the minor prior to the recordation of a lien on the parcel of land owned by the minor or other person, or owned by the parent or guardian having custody and control of the minor.

c.

Service of notice. Notice shall be served in the same manner as a summons in a civil action pursuant to Article 3 (commencing with section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the minor or other person, and/or the parent or guardian having custody and control of the minor, after diligent search, cannot be found, the notice may be served by posting a copy of the notice upon the property owned by the minor or other person, and/or the parent or guardian having custody and control of the minor, in a conspicuous place, for a period of ten (10) days. The notice shall also be published pursuant to Government Code section 6062 in a newspaper of general circulation that is published in the county in which the property is located.

d.

A graffiti nuisance abatement lien shall be recorded in the county recorder's office in the county in which the parcel of land is located. From the date of recording, the lien shall have the force, effect, and priority of a judgment lien.

e.

A graffiti nuisance abatement lien authorized by this section 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 of the parcel on which the lien is imposed; and the name and address of the recorded owner of the parcel.

f.

If the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subsection e, above, shall be recorded by the county. A graffiti nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.

g.

A graffiti nuisance abatement lien may be satisfied through foreclosure in an action brought by the county.

h.

As provided in California Government Code section 38773.2, the county recorder may impose a fee on the county to reimburse the costs of processing and recording the lien and providing notice to the property owner. The county may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.

Assessment of Costs Against Property For Unpaid Expenses. The unpaid expenses for abating a graffiti nuisance, as confirmed by the board of supervisors, shall constitute a special assessment against the lot or parcel of property owned by the person committing a nuisance described in subsection A, above, and, where such person is a minor, against the lot or parcel of property owned by the parent or guardian having custody and control of such minor, and upon recordation in the Office of the Los Angeles County Recorder of a notice of lien, as so made and confirmed, shall constitute a lien on the property for the amount of such assessment.

a.

After such confirmation and recordation, a copy shall be filed with the Auditor-Controller of Los Angeles County in order that said officials may add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land, and thereafter said 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 procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or

b.

After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

F.

Upon the entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property or a minor or other person as defined in this section is responsible for a condition that may be abated in accordance with this provision, except for conditions abated pursuant to section 17980 of the Health and Safety Code, the court may order that person to pay treble the costs of the abatement.

(Ord. 2009-0007 § 2, 2009; Ord. 2008-0044 § 8, 2008.)

A.

Pursuant to Section 53069.5 of the Government Code, the county may offer a reward in an amount to be established by resolution of the board of supervisors for information leading to the identification and apprehension of any person who wilfully damages or destroys any county-owned property, or without the permission of the owner or occupant, any non-county- owned property within the unincorporated area of the county, by the use of graffiti. In the event of damage to public property, the offender or the parent or legal guardian of any unemancipated minor must reimburse the county for any reward paid. In the event of multiple contributors of information, the reward amount shall be divided by the county in the manner it shall deem appropriate. 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.

B.

Claims for rewards under the section shall be filed with the county in the manner specified by the board of supervisors.

C.

No claim for a reward shall be allowed unless the county investigates and verifies the accuracy of the claim and determines that the requirements of this section have been satisfied.

(Ord. 93-0072 § 1 (part), 1993.)

It is the county's intent that pursuant to California Penal Code section 640.6(a), all acts of graffiti vandalism occurring within the county shall be prosecuted as misdemeanors pursuant to California Penal Code section 594, et seq., and subject to enforcement through civil abatement and administrative fines and/or noncompliance fee proceedings.

A.

Criminal Penalties. Except for violations of Section 13.12.030A, which shall be enforceable as otherwise provided for in Section 13.12.030E, and except for violations of Sections 13.12.030B and 13.12.030C which shall be punishable as infractions, any violation of this chapter shall be a misdemeanor punishable by either six months in jail, a $500.00 fine, or by both such fine and imprisonment, and by the performance of community service in the form of graffiti clean-up to the maximum extent permitted by law. Each person, firm, corporation, or partnership shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of the provisions of this code is committed, continued, or permitted by such a person, firm, corporation, or partnership, and shall be deemed punishable thereof as provided in this section.

B.

Parental Liability. Any parent or guardian having custody and control of a minor who violates any section of this chapter, shall be personally liable for any and all costs to the county or any person or business incurred in connection with the removal of graffiti caused by conduct of said minor, and for all attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages or reimbursement not to exceed $10,000.00 for each violation of the minor.

(Ord. 2008-0044 § 9, 2008: Ord. 93-0072 § 1 (part), 1993.)

Administrative fines and noncompliance fees may be imposed against any person who violates any provision of this chapter. Additionally, a violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the county through civil process by means of a restraining order, preliminary or permanent injunction, or in any manner provided by law for the abatement of such nuisance.

(Ord. 2008-0044 § 10, 2008: Ord. 93-0072 § 1 (part), 1993.)

If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason deemed or held to be invalid by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The board of supervisors hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more of the sections, subsections, phrases, clauses, or portion might subsequently be declared invalid or unconstitutional.

(Ord. 93-0072 § 1 (part), 1993.)