Milpitas Municipal Code Ch. 203 Regulation of Graffiti

The City Council of the City of Milpitas hereby finds and declares that the regulation of graffiti by the City is necessary because graffiti is detrimental to property values, degrades the quality of life in the community, is inconsistent with the City's property maintenance goals and aesthetic standards, is often related to gang activity and may, therefore, lead to an increase in crime, and unless quickly removed, may result in other properties becoming the target of graffiti.

(Ord. 241.1 (part), 8/20/96)

The City Council of the City of Milpitas hereby declares that graffiti is obnoxious and is a public nuisance which may be abated.

(Ord. 241.1 (part), 8/20/96)

3.01 Graffiti. For the purposes of this Chapter, "graffiti" includes any unauthorized inscription, writing, lettering, word, drawing, figure, marking, painting or design that is marked, written, etched, scratched, drawn, or painted on any real or personal property.

3.02 City Manager. For the purposes of this Chapter, "City Manager" shall mean the City Manager of the City of Milpitas or his/her designee.

3.03 Graffiti Abatement Costs and Expenses. For the purposes of this Chapter, "graffiti abatement costs and expenses" includes the following costs and expenses incurred by the City in abating graffiti:

(a) The costs and expenses of having graffiti removed from the defaced property; and

(b) The costs and expenses of having the defaced property repaired or replaced when the City determines that removal of the graffiti would not be cost effective; and

(c) The law enforcement costs and expenses incurred in identifying and apprehending a responsible party; and

(d) The related administrative, overhead, and incidental costs incurred in performing or causing the performance of the enforcement, abatement or collection procedures described in this Chapter; and

(e) Related court costs and attorneys' fees.

3.04 Responsible Party. For the purposes of this Chapter, "responsible party" means any person, including a minor, who has been determined to have placed graffiti on the real or personal property of another person. Responsible party includes:

(a) A minor who has confessed to, admitted to, or pled guilty or nolo contendre to, a violation of Section 594, 594.3, 640.5, 640.6 or 640.7 of the Penal Code, current or amended, or who has been convicted by final judgment of a violation of Section 594, 594.3, 640.5, 640.6 or 640.7 of the Penal Code, current or amended, or who has been 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, current or amended, or who has been determined to have been responsible for graffiti by the City Manager in connection with a particular property.

(b) The parents or guardians having custody and control of a minor who is a responsible party are also responsible parties for the purposes of this Chapter.

(Ord. 241.1 (part), 8/20/96)

It shall be unlawful for any person who owns or is otherwise in control of any real or personal property within the City to permit graffiti to be placed upon, or to remain upon, real or personal property, when the graffiti is visible from the street or any other public or private property. For the purposes of this Chapter, "real and personal property" includes, but shall not be limited to, buildings or other structures, such as walls; fences; signs; retaining walls; driveways; walkways; sidewalks; curbs; street lamp posts; hydrants; trees; light, power, telephone or telegraph poles; drinking fountains; and garbage receptacles. This Section shall apply to both public and private property in all zoning districts of the City.

(Ord. 241.1 (part), 8/20/96)

5.01 Removal by City with Consent of Owner. Whenever graffiti exists upon private property located within the City of Milpitas, the City may remove such graffiti with the written consent of the property owner, or, in the case of public property, of the public entity which owns or has control over the property.

5.02 Removal by Property Owner. Property owners shall remove all graffiti from their property by no later than ten days after it is placed upon their property. Paint used to cover the graffiti shall match the original surface color to the extent feasible. Except as otherwise provided in this Chapter, failure of the property owner to remove the graffiti within this time may cause the property to become subject to the graffiti abatement procedure, as set forth herein, in addition to subjecting the owner to civil prosecution as provided in this Code.

(Ord. 241.1 (part), 8/20/96)

Upon the failure of the property owner to remove graffiti from his/her real or personal property within ten (10) days, the City Manager may serve on the property owner an Order to Remove Graffiti. The Order to Remove Graffiti shall include:

(a) A description of the location of the real or personal property on which the graffiti has been placed;

(b) A brief description of the unlawful graffiti that must be removed;

(c) A specific date by which the graffiti must be removed, along with a statement that if the property owner does not remove the graffiti within this time, the City may cause the graffiti to be removed and may make the costs incurred in this work a personal debt of the property owner and impose a nuisance abatement lien against the property or impose a special assessment against the property;

(d) A statement that the property owner may request a hearing before the City Manager on the Order to Remove Graffiti, by complying with the procedures set forth in Section V-203-6.01, and that if the property owner does not file a timely request for a hearing, the owner shall be deemed to have waived the right to any administrative hearing and appeal.

6.01 Request for Administrative Hearing. The owner of the real or personal property on which the graffiti has been placed may obtain a hearing before the City Manager on the Order to Remove Graffiti by filing a written request for the hearing. The request shall state the address and a brief description of the property, the date of the Order to Remove Graffiti, and the grounds on which the Order is contested, and shall be filed with the City Manager's Office within ten (10) days after service of the Order. The matter shall be set for a hearing before the City Manager on a date which is no less than ten days and no more than thirty (30) days after the receipt of the request for a hearing. The property owner shall be mailed written notice of the date, time, and place of the hearing.

6.02 Waiver of Right to Hearing and Appeal. If the owner does not timely comply with the procedures in Section V-203-6.01, the owner shall be deemed to have waived the right to an administrative hearing and any appeal on the Order to Remove Graffiti or the notice of the administrative hearing.

6.03 Administrative Hearing. Unless otherwise continued for good cause, the hearing shall be held at the date, time, and place specified in the notice served on the property owner. At the hearing, the property owner shall have the right to be represented by counsel and may present relevant evidence and arguments in favor of modifying or reversing the Order to Remove Graffiti. In lieu of appearing at the hearing, the property owner may submit a written statement signed under penalty of perjury which states any evidence or argument in favor of modifying or reversing the Order to Remove Graffiti.

6.04 Decision of City Manager. Within ten (10) days after the conclusion of the hearing, the City Manager will issue a written decision on the Order to Remove Graffiti, which states the following:

(a) Whether the Order is upheld, revised, or modified, along with specific factual findings upon which this decision is based;

(b) The nature of any modifications to the Order;

(c) Unless the Order is reversed, a specific date by which the graffiti must be removed and a brief description of the graffiti, including its location;

(d) A statement that the property owner may appeal the decision of the City Manager to the City Council through the procedures set forth in Sections V-203-6.05 and 6.06;

(e) A statement that unless a timely appeal to the City Council is filed, the decision of the City Manager is final and takes effect on the date of its service on the property owner, and that unless the graffiti is removed by the time specified in the decision of the City Manager, the City may cause the graffiti to be removed and may make the costs of this work a personal debt of the owner and a lien against the property or a special assessment on the property.

6.05 Request for Appeal to City Council. The property owner may appeal the decision of the City Manager on the Order to Remove Graffiti to the City Council by filing a written request which states the specific reasons for the appeal with the City Clerk. In order to be considered, the written request for an appeal must be received by the City Clerk no later than seven (7) days after the service of the decision of the City Manager on the property owner. Upon receipt of a timely written request for an appeal, the City Clerk shall set the matter for a hearing before the City Council at a meeting which is to be held no less than ten (10) days and no more than sixty (60) days after the filing of the request for an appeal and shall give the person filing the request for an appeal written notice of the date, time, and place of the appeal hearing.

6.06 Appeal to City Council.

(a) Appeal Hearing. Unless otherwise continued for good cause, the City Council shall hear the appeal on the decision of the City Manager at the date, time, and place designated on the notice sent to the property owner. At the hearing, the property owner and the City Manager shall have the opportunity to present relevant evidence and arguments regarding whether the decision of the City Manager on the Order to Remove Graffiti should be upheld, reversed, or modified. Both the property owner and the City Manager shall have the right to be represented by counsel.

(b) Decision of City Council. At the close of the hearing, the City Council will determine whether the decision of the City Manager on the Order to Remove Graffiti should be upheld, reversed, or modified. Within thirty (30) days after the close of the appeal hearing, the City Council shall cause to be served on the property owner a written decision which states: whether the decision of the City Manager should be upheld, reversed, or modified; the nature of any modifications to the City Manager's decision; and, if the Order is upheld, a specific date by which the graffiti must be removed, which shall be not more than ten (10) days after service of the City Council's decision on the property owner. The City Council's decision shall be served on the property owner through the procedure set forth in Section V-203-10.00. The decision of the City Council shall be final.

6.07 Abatement of Graffiti by City if Property Owner Does Not Comply. If the property owner fails to timely comply with the Order to Remove Graffiti issued by the City Manager, or, in the event of an unsuccessful appeal, the decision of the City Council, the City Manager may cause the graffiti to be removed from the property either by City personnel or by hiring outside persons to perform this work. The City Manager shall obtain the written permission of the property owner or court authorization before permitting workers to enter the property to remove the graffiti.

(Ord. 241.1 (part), 8/20/96)

7.01 Filing of Report on Graffiti Abatement Costs and Expenses Incurred in Removing Graffiti. The City Manager shall keep a detailed itemized record of the graffiti abatement costs and expenses incurred by the City in removing the graffiti from the property. Upon the completion of the work, or as soon thereafter as may be practicable, the City Manager shall file with the City Clerk a report which specifies the address or location of the property and the location of the graffiti removed, the nature of the work performed in removing the graffiti, and the itemized and total of the cost of this work. A copy of this report shall be served on the property owner through the procedure set forth in Section V-203-10.00.

7.02 Setting of Hearing Before City Council on Report on Expenses Incurred in Removing Graffiti. Upon receipt of the itemized report of expenses from the City Manager, the City Clerk shall set a hearing on the report before the City Council, on a date which is no less than ten and no more than sixty days after service of the report on the property owner. A notice which specifies the date, time, and place of the hearing shall be served on the property owner through the procedure set forth in Section V-203-10.00.

7.03 Hearing Before City Council on Report on Expenses Incurred in Removing Graffiti. Unless otherwise continued for good cause, the City Council shall hold the hearing at the date, time, and place specified in the notice served on the property owner. At the hearing, the City Manager shall present the report to the City Council, and the property owner shall have the right to present any objections to the report. Both the City Manager and the property owner shall have the right to be represented by counsel.

7.04 Decision of City Council. At the conclusion of the hearing, the City Council shall approve, reject, or modify the City Manager's report on expenses incurred in removing the graffiti. The City Council shall issue a written decision which specifies the amount and nature of approved expenses incurred by the City in removing the graffiti that shall be recovered from the property owner, and which provides that such expenses shall be made: (1) a nuisance abatement lien against the property and a personal debt of the property owner, or (2) a special assessment against the property. If the amount of any special assessment imposed exceeds five hundred dollars ($500), the City Council may provide in its decision that the special assessment shall be payable in not more than five equal annual installment payments. A copy of the City Council's decision shall be served on the property owner through the procedures specified in Section V-203-10.00.

7.05 Collection of Personal Debt of Property Owner for Expenses Incurred by City in Removing Graffiti and Nuisance Abatement Lien Against the Property.

(a) If the City Council determines that the approved expenses incurred by the City in removing the graffiti shall be a personal debt of the property owner and a nuisance abatement lien against the property, the full amount of these expenses shall be due and payable by the property owner within thirty (30) days of service of the City Council's decision on the property owner. If the property owner fails to pay the entire amount due within this time, the debt shall become delinquent and may be collected by the City through any legal means. Interest shall accrue on the unpaid debt at the rate of ten percent (10%) per year.

(b) Prior to recordation of the nuisance abatement lien, the City Manager shall cause a notice of recordation of the lien to be served on the property owner in the manner set forth in Government Code Section 38773.1, as amended from time to time. Upon service of the notice, the lien may be recorded as set forth in Government Code Section 38773.1, as amended from time to time.

7.06 Recordation of Decision of City Council and Notice of Special Assessment.

(a) If the City Council determines that the amount of approved expenses shall be a special assessment to be charged against the property, the City Manager shall cause a copy of the City Council's decision and a Notice of Special Assessment, which states the amount of the special assessment made against the property for graffiti removal, to be recorded at the Office of the County Recorder. The total cost incurred by the City for the removal of graffiti from the property, as confirmed by the City Council's decision, shall immediately, upon recordation, constitute a special assessment against the property.

(b) Filing of decision of City Council and Notice of Special Assessment with County Auditor-Controller. A certified copy of the City Council's decision and Notice of Special Assessment Lien shall be filed with the Santa Clara County Auditor-Controller on or before August 1 of each year, whereupon it shall be the duty of the Auditor-Controller to add the amounts of the special assessment to the next regular tax bills levied against the property for municipal purposes and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall apply to such special assessment.

(c) Interest on Special Assessments. All special assessments imposed for the removal of graffiti which remain unpaid after thirty (30) days from the date of their recordation on the assessment roll shall become delinquent and shall bear interest at the rate of ten percent per year.

(Ord. 241.1 (part), 8/20/96)

8.01 Identification of Responsible Party.

(a) The City Manager is authorized to receive any report or materials containing the names and addresses of responsible parties to the fullest extent allowed by law.

(b) This authority includes without limitation the authority to receive a report from a county probation officer containing the names and addresses of parents or guardians having custody and control of minors who are responsible parties pursuant to California Government Code Section 38772(c), current or amended.

(c) The City Manager may apply to the Juvenile Court for the release of the names and addresses of responsible parties who are minors.

8.02 Joint and Several Liability. All responsible parties for graffiti on a particular property shall be jointly and severally liable for the graffiti abatement costs and expenses.

8.03 Responsibility for Graffiti Abatement Costs and Expenses. Any responsible party must pay for the graffiti abatement costs and expenses for which he or she is personally liable pursuant to this Chapter.

8.04 Invoice For Graffiti Abatement. The City Manager shall send an invoice for graffiti abatement costs and expenses to a responsible party. The invoice shall include:

(a) The address or location of the defaced real property and a description and the location of the defaced personal property, sufficient to identify the defaced property; and

(b) A summary of the graffiti abatement actions performed; and

(c) A listing of the graffiti abatement costs and expenses incurred; and

(d) The identity of the responsible party and the basis of that determination; and

(e) A description of the payment process, including the time within which and the place to which the graffiti abatement costs and expenses shall be paid; and

(f) A statement advising that the graffiti abatement costs and expenses shall be a personal obligation of the party; and

(g) A statement advising that the City may pursue a lien or special collection process for the graffiti abatement costs and expenses against real property owned by the responsible party; and

(h) A description of the process by which a responsible party may request an administrative hearing to protest the determination that he or she is a responsible party or the amount of the graffiti abatement costs and expenses, and a statement that if no timely request is filed, the responsible party shall be deemed to have waived the right to any administrative hearing and appeal.

8.05 Payment.

(a) The invoice for graffiti abatement costs and expenses shall be paid to the City within thirty (30) days of the invoice.

(b) Any payment of an invoice for graffiti abatement costs and expenses not received by the City within thirty (30) days from the date of the invoice shall be deemed delinquent and subject to a late charge and lien or special collection procedures as set forth in this Chapter.

(c) If any payment of an invoice for graffiti abatement costs and expenses becomes delinquent, a late charge equal to ten percent (10%) of the original invoice amount shall be added to the original invoice amount and shall be due and payable to the City in addition to the original invoice amount.

(d) If the entire amount of an invoice for graffiti abatement costs and expenses, including any late charge, has not been paid to the City prior to the filing of a lien or special collection as provided in this Chapter, the late charge shall be included in the amount of the lien or special collection.

(e) A failure to pay an invoice for graffiti abatement costs and expenses may be enforced and collected as a personal obligation of a responsible party or through a lien or special collection pursuant to this Chapter.

8.06 Administrative Hearing and Appeal.

8.06-1 A person who receives an invoice for graffiti abatement costs and expenses may protest the determination that he or she is a responsible party or the amount of the graffiti abatement costs and expenses by filing a request for an administrative hearing with the City Manager within ten (10) days after service of the invoice. The matter shall be set for a hearing before the City Manager on a date which is no less than ten (10) days and no more than thirty (30) days, or as soon thereafter as practicable, after the receipt of the request for a hearing. The responsible party shall be mailed written notice of the date, time, and place of the hearing.

8.06-2 If the responsible party does not timely comply with the procedures in Section 8, the responsible party shall be deemed to have waived the right to an administrative hearing and any appeal on the invoice or on the determination that the person is a responsible party.

8.06-3 Unless otherwise continued for good cause, the hearing shall be held at the date, time and place specified in the notice. At the hearing, the responsible party shall have the right to be represented by counsel and may present relevant evidence and arguments. In lieu of appearing at the hearing, the responsible party may submit a written statement signed under penalty of perjury which states any evidence or argument.

8.06-4 Within ten (10) days after the conclusion of the hearing, the City Manager shall issue a written decision which includes the following:

(a) Whether the invoice amount or the determination that the individual is a responsible party is upheld, revised, or modified, along with specific factual findings upon which this decision is based;

(b) The nature of any modifications to the invoice amount or the determination that the individual is a responsible party;

(c) A statement that unless a timely appeal to the City Council is filed, the decision of the City Manager is final and takes effect on the date of service of the decision, and that if the invoice is not paid, the City may recover the graffiti abatement costs and expenses through a lien or special collection.

8.06-5 A responsible party may appeal the decision of the City Manager pursuant to the procedure set forth in Title I, Chapter 20, Section 5.

8.07 Collection of Graffiti Abatement Costs and Expenses as a Graffiti Nuisance Abatement Lien.

8.07-1 The City Manager shall prepare a report detailing the City's graffiti abatement costs and expenses and shall submit this report to the City Clerk. Upon receipt of this report, the City Clerk shall set a hearing for a graffiti nuisance abatement lien on a parcel of land owned by the responsible party before the City Council as soon as practicable. The hearing may be concurrent with the appeal filed by the responsible party pursuant to Section 8.06-5, if any.

8.07-2 Notice of the hearing for a graffiti nuisance abatement lien and a copy of the report shall be served on the responsible party in the manner set forth in California Government Code Section 38773.2, current or amended. Notice of the hearing for a graffiti nuisance abatement lien shall also be published in a newspaper pursuant to California Government Code Section 38773.2.

8.07-3 If the City Council determines that the City's graffiti abatement costs and expenses shall be a personal debt against the responsible party and a graffiti nuisance abatement lien, the full amount of these expenses shall be due and payable within thirty (30) days of the Council's decision. If the responsible party fails to pay the entire amount due, the debt shall become delinquent. Interest shall accrue on the unpaid debt at the rate of ten percent (10%) per year.

8.07-4

(a) If the City Council determines that the City's graffiti abatement costs and expenses shall be a personal debt against the responsible party and a graffiti nuisance abatement lien against a parcel of land owned by a responsible party, the City Council shall adopt a resolution confirming the report and direct the City Manager to cause a graffiti nuisance abatement lien to be recorded in the County Recorder's Office.

(b) The lien shall specify the amount of the lien; the name of the agency on whose behalf the lien is imposed; the date of the City Council's decision; 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.

(c) Any costs to the City for processing and recording the lien and providing notice to the responsible party shall be a personal obligation against the responsible party and shall be added to the amount owing to the City.

8.08 Collection of Graffiti Abatement Costs and Expenses as a Special Collection.

8.08-1 As an alternative to the Graffiti Nuisance Abatement Lien procedure, the City may collect its graffiti abatement costs and expenses from a responsible party through a special collection.

8.08-2

(a) The City Manager shall prepare a report detailing the City's graffiti abatement costs and expenses and submit this report to the City Clerk. Upon receipt of this report, the City Clerk shall set a hearing for a special collection against real property owned by the responsible party. This hearing may be concurrent with the appeal filed by the responsible party pursuant to Section 8.06-5, if any.

(b) The City Manager shall cause notice of the date, place and time of the public hearing to be mailed to the responsible party along with a copy of the report at least ten days prior to the hearing.

(c) If the City Council determines that the City's graffiti abatement costs and expenses shall be a personal debt against the responsible party and a special collection, the full amount of these expenses shall be due and payable within thirty (30) days of the Council's decision. If the responsible party fails to pay the entire amount due, the debt shall become delinquent. Interest shall accrue on the unpaid debt at the rate of ten percent (10%) per year.

(d) If the City Council determines that the City's graffiti abatement costs and expenses shall be a personal debt against the responsible party and a special collection, it shall adopt a resolution confirming the report and direct the City Manager to cause a copy of the City Manager's report and the City Council's resolution to be filed with the Santa Clara County Tax Assessor or other appropriate County official in the manner required by the County and shall request the County to enter each amount on the Tax Assessor's tax roll for each affected property.

8.08-3

(a) The graffiti abatement costs and expenses incurred for each parcel of real property shall constitute a special collection. A special collection shall include a special assessment against the real property of the responsible party pursuant to California Government Code Section 38773.6, current or amended.

(b) The amount of the special collection shall be collected at the same time and in the same manner as ordinary municipal taxes. If any payment of the special collection is delinquent, the amount due shall be subject to the same penalties and procedures for foreclosure and sale as provided for ordinary municipal taxes.

(c) The County may collect the special collection without reference to ordinary municipal taxes by issuing a separate bill and receipt for the special collection.

8.09 The City Manager may cause to be recorded a copy of the resolution of the City Council.

(Ord. 241.1 (part), 8/20/96)

9.01 Definitions.

9.01-1 For purposes of this Section only, "graffiti abatement costs and expenses" means:

(a) The average law enforcement costs incurred in identifying and apprehending a minor; and

(b) The average costs incurred in removing graffiti; and

(c) The average costs incurred in repairing and replacing property of a type frequently defaced with graffiti.

9.01-2 For purposes of this Section only, "minor" means any minor convicted of or found to be a person described in Section 602 of the California 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 California Penal Code in connection with a particular property.

9.02 Cost Findings.

9.02-1 For purposes of Section 9, the City's graffiti abatement costs and expenses are as follows:

(a) The City's average law enforcement costs incurred in identifying and apprehending a minor are $48.66 per hour.

(b) The City's average costs incurred in removing graffiti are $120.00 per incident.

9.02-2 Updates to Cost Findings.

(a) The City Manager shall review and update the City's graffiti abatement costs and expenses at least once every three (3) years to ensure their adequacy and shall recommend any updates to the amounts of graffiti abatement costs expenses to the City Council.

(b) The City Council shall establish any updated graffiti abatement costs and expenses by Council resolution.

(c) Immediately after the adoption of each Council resolution establishing updated graffiti abatement costs and expenses, the City Clerk shall cause a certified copy of the Council resolution to be forwarded to the Clerk of the Santa Clara County Juvenile Court and the Santa Clara County Probation Officer.

9.03 Authority of County Probation Officer.

(a) The Santa Clara County Probation Office is hereby authorized to collect from the minor, the minor's estate or the minor's parent or guardian on behalf of the City and to promptly transfer to the City, the City's costs incurred for graffiti abatement through Juvenile Court proceedings pursuant to the Graffiti Removal and Recovery Program (California Welfare and Institutions Code Sections 742.10 et. seq., current or amended) and the provisions of this Section.

(b) Upon the request of the Probation Officer, the City Manager shall cause data about the City's expenditure of resources for graffiti abatement in a particular case to be transmitted to the Probation Officer for collection pursuant to this Section. This data shall be sufficient to enable the Probation Officer and the Juvenile Court to calculate the costs of the City to abate the graffiti at issue in a particular case.

(Ord. 241.1 (part), 8/20/96)

10.01 Except as otherwise specified in this Chapter, for the purposes of this Chapter, required notices, orders, decisions, and other documents shall be served by personal delivery or by placing the documents in an envelope which has been addressed to the name and address of the property owner, as indicated on the most recent tax assessment roll or the supplemental roll, whichever is most current, and depositing the envelope in the United States mail, certified, with postage fully affixed and a return receipt requested. A copy of any applicable notices, orders, decisions, or other documents shall also be posted in a conspicuous place on the affected property.

10.02 Service of documents is deemed completed three calendar days after the time of the deposit of the notice in the mail or at the time that personal delivery is made.

10.03 The person giving notice on behalf of the City of Milpitas shall file with the City Manager an affidavit stating the date and method of service of notice.

(Ord. 241.1 (part), 8/20/96)

In any case in which a criminal prosecution for violation of Penal Code Sections 594 and 640.6, or any other law which authorizes the court to sentence the criminal defendant to remove graffiti that he/she unlawfully placed on property, is pending or is to be instituted against the person(s) who placed graffiti upon property in the City, the City Manager may stay the application of the graffiti abatement procedure set forth in this Chapter until the criminal prosecution has been completed and the judgment of the court has been rendered and has become final. If the defendant is found guilty, and the court sentences the criminal defendant to clean up the graffiti, or to pay for someone else to do so, the criminal defendant shall be responsible for the removal of the graffiti pursuant to this Chapter. If the criminal defendant does not remove the graffiti, or pay for someone else to do so, within ten (10) days of the time designated for removal of the graffiti by the court, or in the event of an unsuccessful appeal by the defendant, within ten (10) days of the date on which defendant would be legally required to comply with the trial court's order, the City Manager may require the property owner to remove the graffiti pursuant to this Chapter. Nothing in this Section shall prevent the property owner from taking legal action to recover the costs of removing the graffiti from the criminal defendant or the City and/or the property owner from taking other legal action against the criminal defendant.

(Ord. 241.1 (part), 8/20/96)

(a) The abatement, enforcement and collection procedures described in this Chapter are available to the City in addition to any other remedy available at law, and do not limit, preclude or restrict any other right, remedy or action otherwise available to the City.

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

(Ord. 241.1 (part), 8/20/96)