Part 4 — COLLECTION OF ABATEMENT COSTS THROUGH JUVENILE COURT

For purposes of this part 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.

(Ord. 25118.)

For purposes of this part only, "minor" means any minor convicted of or found to be a person described by 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.

(Ord. 25118.)

A.

The director shall review and update the city's graffiti abatement costs and expenses at least once every three years to ensure their adequacy and shall recommend any updates to the amounts of graffiti abatement costs and 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 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.

(Ord. 25118.)

The Santa Clara county probation officer is hereby authorized to collect from the minor, the minor's estate or the minor's parent or parents 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 Damage Recovery Program (California Welfare and Institutions Code Sections 742.10 et seq.) and the provisions of this part.

(Ord. 25118.)

Upon the request of the probation officer, the director shall cause data about the city's expenditure of resources for graffiti abatement in a particular case to the probation officer for collection pursuant to this part. 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. 25118.)