San Bruno Municipal Code § 5.16.160 Recovery of costs, expenses and fees

The costs of abatement performed by city forces, or agents thereof, shall constitute a personal obligation against the responsible parties (as defined in this chapter) and may be assessed pursuant to the process and procedure articulated in Sections 5.08.230 through 5.08.310 (inclusive of Chapter 5.08 Enforcement, Nuisance Abatement and Cost Recovery) of the municipal code, as they may be amended from time to time.

(Ord. 1760 § 3, 2008; Ord. 1881 § 3, 2020)

A. Pursuant to California Civil Code Section 1714.1(b), where graffiti is applied by an unemancipated minor, the parents or legal guardian of said minor shall be jointly and severally liable for payment of civil damages resulting from the misconduct of the minor in an amount not to exceed twenty-five thousand dollars for each such offense or in an amount designated by any amendment to California Civil Code Section 1714.1(b).

B. Pursuant to California Government Code Section 38772, the parent or guardian having custody and control over a minor shall be jointly and severally liable for the expense of any abatement of a graffiti nuisance, and the city may make the costs of abatement a lien against the property of the parent or guardian having custody and control over the minor.

(Ord. 1760 § 3, 2008; Ord. 1881 § 3, 2020)

A. Any responsible person who allows, causes, permits or maintains a violation of graffiti as public nuisance to exist in connection with real or personal property, or who commits an act prohibited by this code or state law, or who fails to commit an act required by this code or state law, is guilty of a misdemeanor.

B. Notwithstanding the penalty stated in Section 1.28.010(A) of this code, a person convicted of a misdemeanor pursuant to this chapter is punishable by a fine not exceeding one thousand dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both.

C. Additional Penalties. Whenever deemed appropriate, it is the city's intent to petition a sentencing court to impose the following additional penalties or conditions of any grant or probation, diversion, deferred entry of judgment or other court supervision (including upon a determination that a minor is to be a ward of the court as a result of committing an act of vandalism or graffiti) upon conviction:

1. Suspension or delay in issuance of driver's license (pursuant to California Vehicle Code Section 13202.6 and other state law);

2. Community service and/or graffiti removal service (pursuant California Penal Code Sections 594, 594.1, 594.2, 594.6, 594.8, 640.6 and 1203 et seq., Welfare and Institutions Code Sections 730.6 and 730.7 and Vehicle Code Section 42001.7 and other state law);

3. Payment of restitution for the expenses/costs of abatement (pursuant California Penal Code Section 1202.4, California Government Code Section 38772 and other state law); and

4. Parental responsibility for restitution, costs of abatement, community service and/or graffiti removal service as provided for by state law.

D. Cumulative Remedies. The remedies provided in this chapter are in addition to other remedies and penalties available under provisions of other applicable city ordinances, the laws of the state of California or the laws of the United States.

(Ord. 1760 § 3, 2008; Ord. 1881 § 3, 2020)

The city's remedies, whether administrative, civil/injunctive or criminal, that may be used to address violations or public nuisances pursuant to its codes are cumulative and nonexclusive. The city may exercise one or any combination of said remedies in its sole discretion at any time.

(Ord. 1760 § 3, 2008; Ord. 1881 § 3, 2020)

Pursuant to Penal Code Section 836.5, any police officer of the city of San Bruno or other police officer as authorized to act on behalf of the city is authorized to arrest a person without a warrant for violation of this chapter. Pursuant to Penal Code Sections 853.5 and 853.6, any person arrested for violation of this chapter may be issued a criminal citation and released.

(Ord. 1760 § 3, 2008; Ord. 1881 § 3, 2020)

A. For the purpose of any abatement authorized under this chapter, or for the giving or posting of any notice provided for in this chapter, any city official may enter upon private property involved in any abatement proceedings at all reasonable times.

B. Prior to entry, if such building or premises are occupied, the official shall first present proper credentials and request entry from the owner or adult occupant. If such building or premises are unoccupied, the official shall first make a reasonable effort to locate the owner or other person sharing charge or control of the building or premises and request entry. If entry to occupied or vacant property is refused, such official may utilize every remedy provided by law to obtain access to a property.

C. When an enforcement officer, or a representative thereof, shall have obtained an inspection or abatement warrant, or other court order, to enter property involving a violation or public nuisance pursuant to this title, no person owning, leasing, renting, occupying or having charge, control or possession of said property shall interfere with the city's execution of said warrant or order.

(Ord. 1760 § 3, 2008; Ord. 1881 § 3, 2020)