§ 11-149.3. Civil liability for acts of willful misconduct resulting in property damage  


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  • Notwithstanding any of the provisions of section 11-149.1, the city may seek civil restitution for the cost of abatement of any nuisance resulting from the defacement of the property of another by graffiti as follows:

    (1) Any person that causes any injury to or the defacement of the property of another by any act of graffiti shall be personally liable for any damages resulting from the graffiti, pursuant to California Civil Code Section 1714.

    (2) Any act of graffiti by a minor that results in any injury to or the defacement of property of another shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, including the cost of abatement to the prevailing party, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the graffiti, not to exceed twenty-five thousand dollars ($25,000.00) except as provided in subdivision (3), for each tort of the minor.

    (3) The amount listed in subdivision (2) shall be adjusted every two years in accordance to the amounts set by the judicial council to reflect any increases in the cost of living in California, as indicated by the annual average of the California Consumer Price Index, pursuant to California Civil Code Section 1714.1. The maximum liability imposed by this section is the maximum liability authorized under this section at the time that the act of graffiti by a minor was committed.