§ 11-149.1. Cost recovery against the person who created, caused, or committed the nuisance
(1) The city shall summarily abate any nuisance resulting from the defacement of the property of another by graffiti at the expense of the minor or adult creating, causing, or committing the nuisance. The expense of abatement of the nuisance shall be a lien against property of the minor or adult and a personal obligation against the minor or adult.
(2) If the person causing the graffiti nuisance is a minor, then the parent or guardian of the minor shall be jointly and severally liable with the minor. The expense of abatement of any nuisance, resulting from the defacement by a minor of the property of another by graffiti, shall be 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, pursuant to Government Code Sections 38772 and 38772.6.
(3) The property of the minor causing the graffiti nuisance, and the property of the parent or guardian of the minor, shall collectively or individually be referred to as the "assessed property."
(4) Cost of abatement. Where the director is required to cause the abatement of a public nuisance pursuant to the provisions of this chapter, he/she shall keep an accounting of the cost thereof, including incidental expenses for the abatement. The term "incidental expenses" includes, but is not limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, inspection of the work, and the cost of printing and mailing any notices required by this chapter, as well as administrative costs in the amount of thirty-three (33) percent of the total cost of abatement. Within thirty (30) days of the conclusion of the abatement, the director shall submit an itemized statement of costs to the city manager. Within ninety (90) days of the close of the police department's investigation, the director shall set a hearing to review the cost accounting before the city manager. The director shall cause notice of the time and place of the hearing to be given to the person causing the nuisance, and to his/her parents or guardian in the event the person causing the nuisance is a minor, and to any other interested person requesting the same, by United States Mail, postage prepaid, addressed to the person at his last known address at least ten (10) days in advance of the hearing. The cost hearing shall be set no later than forty-five (45) days following the date the director causes notice of the time and place of the hearing to the person causing the nuisance, and to his/her parents or guardian in the event the person causing the nuisance is a minor.
(5) Cost accounting statement—Processing. At the cost hearing, the city manager shall hear and pass upon the statement of the director, together with any objections or protests raised by any of the persons liable to be assessed for the cost of abating the nuisance. The city manager may hear any relevant evidence at the cost hearing; the formal rules of evidence shall not apply. Thereupon, the city manager shall make such revision, correction and modification to the statement as he/she may deem just, after which the statement is submitted, or as revised, corrected or modified shall be conformed. The city manager shall issue a written decision within ten (10) days of the hearing, and it shall include reference to Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. The decision of the city manager shall be final.
(6) Right to judicial review. If the city manager's decision is in favor of the city, the appellant may seek judicial review of the city manager's decision by filing a petition for writ of mandate pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6.
(7) Assessment of costs/liens against the subject property.
(a) Pursuant to California Government Code Sections 38772 and 38773.6, all expenses as determined by the hearing officer in connection with such abatement shall be charged, and become an indebtedness, to the owner of the assessed property, as well as a lien upon the assessed property.
(b) Pursuant to California Government Code Section 38773.6, the confirmed cost of abatement of a graffiti nuisance within the city shall constitute a special assessment against the lot or parcel of land that comprise the assessed property. After confirmation of the report, a copy thereof shall be transmitted to the Orange County Auditor/Controller, whereupon it shall be the duty of the auditor/controller to add the amounts of the assessment, or assessments, to the next regular bills of taxes levied against the respective lots and parcels of land that comprise the subject property for municipal purposes, and thereafter the 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 penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.
c. Such notice of lien for recordation shall be in the form substantially as follows:
NOTICE OF LIEN
Claim of City of Costa Mesa
Pursuant to the authority vested by the provisions of the Costa Mesa Municipal Code, the Director of Public Services of the City of Costa Mesa did on, or about the ;daterule; day of ;daterule;, 20____________, cause the premises located at ____________ to be rehabilitated or the building or structure on the property to be repaired, painted over or otherwise modified in order to abate a public nuisance on real property; and the City of Costa Mesa, shall assess the cost of such rehabilitation, repair or demolition upon the real property located at ____________, belonging to the person causing the graffiti nuisance, or the person's parent or guardian in the case of a minor (the "Assessed Property"); and the assessed cost has not been paid nor any part thereof; and that the City of Costa Mesa does hereby claim a lien on the Assessed Property for the rehabilitation, repair or demolition in the amount of this assessment, to wit; the sum of $;$rule;; and the same shall be a lien upon the Assessed Property until the same has been paid in full and discharged of record.
The Assessed Property, hereinabove mentioned and upon which a lien is claimed, is that certain parcel of land lying and being in the City of ____________, County of ____________, State of California, and more particularly described as follows:
(description)
Assessor Parcel Number(s):
Dated: This ;daterule; day of ;daterule;, 20____________.
City Manager,
City of Costa Mesa.