HomeMy WebLinkAbout50A - ORDINANCE - ANTIGRAFFITI MEASURESREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 3, 2009
TITLE:
ORDINANCE AMENDING THE SANTA ANA
MUNICIPAL CODE RELATING TO
ANTIGRAFFITI MEASURES
/ ~,
~? CITY MANAGER
RECOMMENDED ACTION
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s1 Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt an ordinance adding Article IV to Chapter 10 of the Santa Ana
Municipal Code relating to antigraffiti measures.
DlseUSS=ON
At the July 20th City Council Study Session, the Graffiti Task Force
presented the proposed ordinance for review and discussion. The
ordinance will consolidate all antigraffiti-related measures into one
Article of the Municipal Code. The proposed additions will give the
Graffiti Task Force additional tools related to parental
responsibility, cost recovery provisions, possession of graffiti
implements and establishment of a trust fund.
Revised standards for retrofitting existing properties to deter
graffiti have been referred to the Planning Commission which will make
recommendations to the City Council.
ENVIRONMENTAL IMPACT
A categorical exemption has been approved.
FISCAL IMPACT
Therejis no fisc~impact associated with this action.
es G. Ross
cutive Director
lic Works Agency
CLERK OF COUNCIL USE ONLY:
50A-1
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING THE SANTA ANA
MUNICPAL CODE TO UPDATE THE CITY'S
REGULATION OF GRAFFITI
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. The Council finds and determines that the spread of graffiti on
public and private buildings, walls, signs and other structures or
places or other surfaces causes blight within the City, resulting in a
genuine threat to life, incalculable economic losses to businesses in
terms of physical property, profits and goodwill, and the general
deterioration of property and business values for adjacent and
surrounding properties.
B. The Council further finds and determines that the impacts of graffiti
are far beyond the cost of cleanup or removal. Not only is graffiti a
property crime, but a social crime on the quality of life and freedom
from intimidation citizens desire within their neighborhoods.
C. The City Council intends, through the adoption of this Ordinance, to
provide additional enforcement tools to protect public and private
property from acts of graffiti vandalism and defacement, to prevent
the spread of graffiti vandalism, protect public safety, to establish a
program for the expeditious removal of graffiti from structures on
public and private property, and to permit recoupment of
enforcement and abatement costs to the taxpayers of the City.
D. The City Council is authorized to enact this Ordinance pursuant to
its police powers as specified in Section 200 of the City Charter, as
well as various provision of State Law including Sections 1714, et
seq. of the California Civil Code and Sections 38772, et seq. of the
California Government Code.
E. All provisions of the Santa Ana Municipal Code which are repeated
herein are repeated solely in order to comply with the provisions of
Section 418 of the City Charter. Any such restatement of existing
Ordinance No. NS-XXX
50A-2 Page 1 of 15
provisions of the Code is not intended, nor shall it be interpreted, as
constituting a new action or decision of the City Council, but rather
such provisions are repeated for tracking purposes only in
conformance with the Charter.
Section 2. In accordance with the California Environmental Quality Act,
the proposed project is exempt from further review. Categorical Exemption ER
2009-107 will be filed for the project.
Pursuant to Title XIV, California Code of Regulations ("CCR") §
735.5(c)(1), the City Council has determined that, after considering the record as
a whole, there is no evidence that the proposed project will have the potential for
any adverse effect on wildlife resources or the ecological habitat upon which
wildlife resources depend. Therefore, pursuant to Fish and Game Code § 711.2
and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department
filing fees is not required in conjunction with this project.
Section 3. Sections 10-177 and 10-178 of Article II of Chapter 10 of the
Santa Ana Municipal Code relate to controlling sale and access by minor to
pressurized paint cans and other graffiti implements. Article V of Chapter 17 of
the Santa Ana Municipal Code relates to abatement of graffiti in the City of Santa
Ana. In the interest of comprehensive regulation, the aforementioned sections of
the Santa Ana Municipal Code should be consolidated in one Article of the Code.
Therefore, Article IV of Chapter 10 of the Santa Ana Municipal Code shall
hereafter be designated as "Graffiti Regulations".
Section 4. Section 17-70 of the Santa Ana Municipal Code is hereby re-
designated as Section 10-221 and amended such that it reads as follows
Sec. X910-221. Definitions.
For the purposes of this chapter, the following words and terms shall have
the meaning ascribed thereto:
(a) Graffiti means any unauthorized inscription, word, figure, mark,
adhesive sticker or design that is written, marked, etched,
scratched, drawn, er painted, labeled, pasted, applied or affixed,
on any surface of public or private real or personal property,
including, but not limited to, buildings, walls, windows, signs,
structures, places or other surfaces regardless of the nature of
the material of which the surface is composed ~•ii+" .rr~~+i
imr~lorr~en+
fin.
(b) Graffiti implement means any implement capable of marking,
scarring, damaging, or defacing any surface to create graffiti,
including, but not limited to, aerosol paint containers, a felt tip
markers, 9'~;o°'cr-a paint sticks or graffiti sticks, etching tools,
Ordinance No. NS-XXX
Page 2 of 15
50A-3
adhesive stickers, spray actuators, marking pens, drill bits,
grinding stones or any other similar implement e-e~
(c) Aerosol paint container means any aerosol container, regardless of
the material from which it is made, wf}is#~ that is adapted or made for
the purpose of spraying paint or other substances capable of
defacing property.
(d) Felt tip marker means any broad-tipped marker pen ^r~,,lar
+r~pler~e~ with a tip which, at its broadest width, is greater than one-
sixteenth (1/16) of an one inch or any other similar implement ;
containing an ink that is not water soluble.
(e) Paint stick or graffiti stick means any device containing a solid form
of paint, chalk, wax, epoxy, or other similar substance capable of
being applied to a surface by pressure ;and that, upon application,
leaves+ng a visible mark on the surface at least one-sixteenth (1/16)
of an inch in width or is not water soluble.
(f) gym--label Adhesive Stickers means any sheet of paper, fabric,
plastic or other ~~,~~; oc material with an adhesive, paste, or
gummed backing, which; when used-erg applied or affixed to any
surface; either creates a permanent contact or is not easily
removable without the use of solvents.
(g) Property means personal or real property.
(h) Etching tool means any sharp or pointed instrument, that is
capable of etching or marking glass, plastic, wood, metal, or
concrete surfaces, including, but not limited to, picks, scribes,
awls, chisels, markers, and etchers, or any masonry or glass
drill bit, carbide drill bit, glass cutter, grinding stone, etching
cream or acid etching solution.
(i) Expense of Abatement, Abatement Expenses, Costs of the
Abatement, and/or Abatement and related administrative costs
include, but are not limited to, court costs, attorneys fees, costs
of removal of the graffiti or other inscribed material, costs of
repair or replacement of defaced property, and the law
enforcement costs incurred by the City and/or any other public
Ordinance No. NS-XXX
50A-4 Page 3 of 15
agency as authorized pursuant to Government Code Section
38772(d)(1).
ijj) Graffiti violations of law are those violations referred to in
Government Code Section 38772(d)(3) and any violation of this
Article.
(k) Spray actuator (also known as a spray tip, nozzle, or button)
means an object or device that is capable of being attached to
an aerosol or other paint container for the purpose of spraying
the substance contained therein.
Section 5. Sections 10-177, 10-178 and 10-178.1 of the Santa Ana
Municipal Code are hereby re-designated as Sections 10-222, 10-223 and 10-
223.1, respectively, and amended such that they reads as follows:
Sec. ~~10-222. Sale and Possession
(a) Sale of Graffiti Implements to Minors. It shall be unlawful for
any person, other than a parent or legal guardian, to sell
exchange, give, loan, or otherwise furnish, or cause or permit to be
exchanged, given, loaned, or otherwise furnished, any aerosol paint
container, broad-tipped marker, gum/paste/self-adhesive label or sticker,
etching cream, spray actuator, or paint stick ^rcac~ ~ri~orl r•~n rnn+nininn env
to anyone under the age of eighteen
(18) years without the written consent of the parents or guardian of the
minor, and no person under the age of eighteen (18) years shall purchase any
pressurized can containing paint or dye.
(b) Possession In Designated Public Places. It shall be unlawful
for any person to possess any graffiti implement, with the intent to use
or apply graffiti ~,h~ ll h..~io in hic~ ~r her .~,~eeec~cii+n ~n~i .,reccuri~orl__n~n
while in or upon any
public facility, park, playground, swimming pool, recreational facility or zoo or
other public building or structure owned or operated by i~ the City of Santa
Ana, or while in or within fifty (50) feet of an underpass, bridge abutment,
storm channel, or similar types of infrastructure unless otherwise
authorized by the City. This section shall not apply to authorized employees of
the City of Santa Ana or an individual or authorized employee of an individual,
agency or company under contract with the City of Santa Ana.
(c) Possession by Minors at or Near School Facilities. It shall be
unlawful for any person under the age of eighteen (18) years to possess
any graffiti implement while on school property, grounds, facilities,
buildings, structures, or in areas immediately adjacent to those specific
Ordinance No. NS-XXX
Page 4 of 15
50A-5
locations upon public property, or upon private property without written
consent of the owner or occupant of such private property. The provisions
of this Section shall not apply to the possession of broad-tipped markers
by a minor attending or traveling to or from a school at which the minor is
enrolled if the minor is participating is a class at the school that formally
requires the possession of broad-tipped markers. The burden of proof in
any prosecution for violation of the Section shall be upon the minor
student to establish the need to possess abroad-tipped marker.
Sec. ~9-~~10-223. Public access; Signage.
(a) Paints and Markers. Every person who owns, conducts, operates
or manages a retail commercial establishment selling aerosol containers, paint
sticks, glass etching solution, or broad-tipped markers pens*~s
..~;,.~ ~.,. „^,~ ,.,;+" ..,.,+^r .,~°~ ;+ ter;°~ shall store
r~ine~s~-~„te~e~s~e~° c+~- these items in an area ~~~°~~,~.:~"~
continuously observable, through direct visual observation or surveillance
equipment, by, "~~Q~~~~"'~.~~- ^~ ~"'~^ ~^ +"° employees of the retail
establishment during the regular course of business
se~ta+r~e~s. In the event that a commercial retail establishment is unable to
store the aerosol paint containers, paint sticks, glass etching solution, or
broad-tipped markers in an area as provided above, the establishment shall
store the containers, sticks, and markers in an area not accessible to the
public without employee assistance.
(b) Etching Tools. Every person who owns, conducts, operates or
manages a retail commercial establishment selling masonry or glass drill bits,
carbide drill bit, glass cutters, grinding stones, awls, chisels or carbide scribes,
shall store or cause such items to be stored in an area viewable by, but not
accessible to, the public in the regular course of business without employee
assistance, pending legal sale or disposition of such items.
(c) Customer Signage. Every retail commercial establishment
selling graffiti implements shall post a sign in clear public view at or near
display of such products stating: "Pursuant to Penal Code Section 594.1,
place a sign in clear public view at or near the display of such products
stating: "Graffiti is against the law. Any person who defaces real or
personal property with paint or any other liquid or device is guilty of a
crime punishable by imprisonment of up to 6 months and/or a fine up to
$1000".
Ordinance No. NS-XXX
50A-6 Page 5 of 15
(d) Additional Signage. Every retail commercial establishment
selling graffiti implements shall place a sign in the direct view of such
persons responsible for accepting customer payment for graffiti
implements stating: "Selling spray paint, paint sticks, or broad-tipped
markers to persons less than eighteen (18) years of age is against the law
and punishable by a fine of $1000".
Sec. ~~T10-223.1. Graffiti Prohibited.
(a) Defacement. It shall be unlawful for any person to apply
graffiti to any natural or manmade surface on any public or private-owned
property or, without permission of the owner or occupant.
(b) Directing, Aiding and Abetting. It shall be unlawful for any
person to solicit or command another person to apply graffiti, or for any
person to aid or abet or agree to aid or abet another person to plan to apply
or apply graffiti.
Section 6. Sections 10-224 through 10-225 are added to Chapter 10 of
the Santa Ana Municipal Code to read in full as follows:
Sec. 10-224. Penalties and other Remedies.
Any person violating this Ordinance shall be guilty of a misdemeanor
as defined in this Code.
Sec. 10-224.1 Parental Liability
(a) In the case of a minor, the parents or legal guardian shall liable
with the minor for payment of all fines.
(b) Failure of the parents or legal guardian to make payment will
result in the filing of a lien on the parents' or legal guardian's property that
includes the fine and administrative costs.
(c) Upon and application and finding of indigence, the court may
decline to order fines against the minor, parents or guardian.
Sec. 10-224.2 Restitution
In addition to any punishment specified in the court shall order any
violator to make restitution to the victim for damages or loss caused
directly or indirectly by the violator's offense in the amount or manner
Ordinance No. NS-XXX
Page6of15
50A-7
determined by the court. In the case of a minor, the parents or legal
guardian shall be ordered with the minor to make restitution.
Sec. 10-224.3 Forfeiture
All personal property, including, but not limited to, automobiles,
motorcycles, scooters, bicycles or skateboards, used or intended to be
used in violating this Ordinance shall be forfeitable to the City. In forfeiting
such personal property, the City shall follow procedures outlined in this
Code concerning forfeitures of personal property. In any forfeiture
proceeding initiated under this Section, the court shall not order forfeiture
unless it finds that the forfeiture is commensurate with the severity of the
violation to the extent required by the United States Constitution.
Sec. 10-224.4 Community Service
In lieu of, as part of, or in addition to the penalties specified in this
section, a minor or adult shall be required to perform community service as
described by the court based on the following minimum requirements:
(a) The minor or adult shall perform not less than forty (40)
hours of community service for the first offense, not
less than eighty (80) for the second, and not less than
one hundred twenty (120) for a third or subsequent
offense.
(b) At least one parent or guardian of the minor shall be in
attendance a minimum of fifty percent (50%) of the
assigned community service.
(c) The period of community service shall be performed
under the supervision of a community service provider
approved by the Chief of Police.
(d) Reasonable effort shall be made to assign the minor or
adult to a type of community service that is reasonably
expected to have the most rehabilitative effect on the
minor or adult, including community service that
involves graffiti removal.
(e) Any minor determined to be a ward of the court under
State Law as a result of committing an offense in the
City shall be required, at the City's option, to perform
community service, including graffiti removal service of
Ordinance No. NS-XXX
50A-8 Page 7 of 15
not less than forty (40) hours nor more than eighty (80)
hours.
Sec. 10-225. Trust Fund.
The City Council hereby creates the City of Santa Ana Anti-Graffiti
Trust Fund. Penalties assessed against violators of this Ordinance shall be
placed in the fund, along liens, assessments and judgments collected
pursuant to this Article, as well as any monetary donations received from
individuals or from the business community wishing to contribute to the
fund. The Council shall direct the expenditures of monies in the fund.
Such expenditures shall be restricted to the payment of the cost of graffiti
removal, the payment of rewards pursuant to Section 10-226 of this Article
and such other public purposes as may be approved by the Council.
Section 7. Sections 17-70.1 and 17.70.2 of the Santa Ana Municipal Code are
hereby re-designated as Sections 10-226 and 10-227, respectively, and amended to read
as follows:
Sec. ~-7-79-~ 10-226. Reward provisions.
(a) Pursuant to Section 53069.5 of the Government Code, the city may
offer a reward for information leading to
the apprehension and conviction of any person who places graffiti on any
public or private property in such amounts approved by the City Council.
v+eiafiee- In the event of multiple contributors of information ,
the reward amount shall be divided by the city in the a manner it shall deemed
appropriate h 'ef. For the purposes of this section, diversion of the
offending violator to a community service program, or a plea bargain to a lesser
offense, shall constitute a conviction.
(b) Claims for rewards under this section shall be filed, r~rnnccc•cr~l ~.,,~
with the City in a manner specified by
City Council oa+•+hliehoi-! by +ho r~nlinc thief
(c) The person convicted of committing the graffiti offense shall be liable
for any rewards paid pursuant to this section and, if that person is an
unemancipated minor, the custodial parent of said minor shall be liable for any
rewards paid pursuant to this section. In the event of damage to public or
private property, the offender or the parents or legal guardian of any
unemancipated minor must reimburse the City for any reward paid.
Ordinance No. NS-XXX
Page8of15
50A-9
(d) No law enforcement officer, municipal officer, official or employee of
the City shall be eligible for a reward made pursuant to this section.
(e) No claim fora reward shall be allowed unless the City
investigates and verifies the accuracy of the claim and determines that the
requirements of this section have been satisfied.
Sec. ~~ 10-227. Graffiti as a Nuisance; City Abatement.
(a) The existence of graffiti within the city limits of Santa Ana
constitutes a public and private nuisance and may be abated according to the
provisions and procedures contained in this Article.
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Ordinance No. NS-XXX
50A-1 0 Page 9 of 15
(b) Removal by the Perpetrator. Any person applying graffiti on
public or private property shall have the duty to remove the graffiti within
twenty-four (24) hours after notice by the City or private owner of the
property involved. Such removal shall be done in a manner prescribed by
the Executive Director of Public Works or other designated City official.
Failure of any person to remove graffiti shall constitute an additional
violation of this Ordinance. Where graffiti is applied by an minor, the
parents or legal guardian having custody and control of the minor shall
also be responsible for such removal.
(c) Removal by City. Whenever the City becomes aware of or is
notified and determines that graffiti is located on publicly or privately
owned property capable of being viewed from any public right-of-way or
from a public or quasi-public place, the City is authorized to use public
funds to remove the graffiti, by painting, repairing, water blasting, or other
graffiti removal technique, to that degree reasonably necessary to restore
the defaced area and to avoid an aesthetic disfigurement to the
neighborhood or community.
(d) Right of Entry on Private Property. Prior to entering upon
private property or property owned by a public entity other than the City for
the purpose of graffiti removal, the City shall attempt to secure the consent
of the property owner or responsible party and a release of the City from
liability for property damage or personal injury. If the property owner or
responsible party fails to remove the offending graffiti within the time
specified by this Ordinance, or if the City has requested consent to remove
or paint over the offending graffiti and the property owner or responsible
party has refused consent for entry on terms acceptable to the City and
consistent with the terms of this Section, the City shall commence
abatement and cost recovery proceedings for the graffiti removal
according to the provisions specified in Section 10-228, below.
(e) Recovery of Costs. The City reserves the right to recover City
costs and expenses from any person who has willfully damaged property
in a manner described in subsection (a), above, pursuant to the provisions
of this Article, Penal Code Section 594, Civil Code Sections 731 and 1714.1
and Government Code Sections 38771, et seq.
Section 8. Section 10-228 is added to Chapter 10 of the Santa Ana Municipal
Code to read as follows:
Sec. 10-228. Abatement by Property Owner.
(a) Property Owner Responsibility. Any person who is the owner
or who has primary responsibility for control of private property or for
Ordinance No. NS-XXX
Page 10 of 15
50A-11
repair or maintenance of private property in the City must abate graffiti as
set forth below.
(b) Failure to Remove. If the property owner has not removed the
graffiti within ten (10) days after its appearance or has refused consent to
the City to enter the property and abate the nuisance, the City may,
pursuant to this Section, remove graffiti at the owner's an expense as a
public nuisance and to assess the property for such abatement costs in
accordance the procedures set forth in Chapter 17, Sections 17-1 through
17-43 of the Santa Ana Municipal Code.
(c) Exceptions to the Removal Requirement. The removal
requirements identified in this section shall not apply if the property owner
or responsible party can demonstrate that the property owner or
responsible party lacks the financial ability to remove the graffiti; or the
property owner or responsible party has an active program for the removal
of graffiti and has scheduled the removal of the graffiti as part of that
program. In such case it shall be unlawful to permit such property to
remain defaced with graffiti for a period of ten (10) days after service by
first class mail of notice of the defacement.
Section 9. Sections 10-229 through 10-233 are added to Chapter 10 of
the Santa Ana Municipal Code to read in full as follows:
Sec. 10-229. Minor and Parental Financial Responsibility for Graffiti
Violations of Law.
(a) Pursuant to Government Code Sections 38772, 38773.2, and
38773.6, the City Council hereby makes the expense of abatement of graffiti
violations of law committed by minor a personal obligation of both the
minor causing the graffiti nuisance and the parent(s) or legal guardian(s)
having custody and control of the minor (who shall be jointly and severally
liable with the minor), and a lien against the property of the minor or a lien
against the property of the parent(s) or legal guardian(s) having custody
and control of the minor.
(b) Pursuant to Government Code Section 38772(c), the County
Probation Officer shall report the names and addresses of parent(s) or
legal guardian(s) having custody and control of the minor responsible for a
violation of this Chapter to the Clerk of the Council.
(c) Pursuant to Government Code Section 38773.7, upon a second
or subsequent civil or criminal judgment within atwo-year period, the City
may find that the minor causing the grafhti nuisance and the parent(s) or
Ordinance No. NS-XXX
50A-12 Page 11 of 15
legal guardian(s) having custody and control of the minor is responsible
for the graffiti and request the court to impose treble damages.
(d) Parental Liability. Pursuant Civil Code Section 1714.1, any
parent or legal guardian of a minor shall be personally liable for any and all
costs to the City or any person or business incurred in connection with the
removal of graffiti caused by conduct of said minor, and for all attorney's
fees, court costs, and civil penalties incurred in connection with the civil
prosecution of any claim for damages or reimbursement up to twenty-five
thousand dollars ($25,000).
Sec. 10-230. Defendant Liability for Cost of Graffiti Abatement.
(a) Defendant's liability for cost of graffiti abatement. When the
disposition of a criminal case or a proceeding pursuant to Welfare and
Institutions Code Section 602 determines that the defendant in that case is
responsible for creating, causing or committing the graffiti which was
abated by the City, that same defendant shall be liable for all costs incurred
by the City. These costs shall include, but are not limited to, court costs,
attorney's fees, costs of removal of the graffiti or other inscribed material,
costs of repair and replacement of defaced property, and the law
enforcement costs incurred by the City in the identification and
apprehension of the defendant responsible for the graffiti or other
inscribed material on publicly or privately owned permanent real or
personal property within the City, as prescribed within Government Code
Sections 38772-38773.6, and 53069.3.
(b) Adult Defendant Presumption. The determination of
responsibility shall be presumed by any confession, admission, guilty plea,
or plea of nolo contendere to any violation of Penal Code Sections 594,
594.3, 640.5, 640.6, or 640.7.
(c) Juvenile Offender Presumption. In the case of a minor
defendant, responsibility shall be determined upon a conviction by final
judgment or by the minor being made a ward of the Juvenile Court
pursuant to Welfare and Institutions Code Section 602 by reason of the
commission of any act prohibited under Penal Code Sections 594, 594.3,
640.5, 640.6, or 640.7.
(d) Adult Civil Actions. The City may bring a civil action in the
Superior Court to obtain a money judgment against a defendant for any
amount not ordered or collected by the criminal court, including, but not
limited to, all attorney's fees, court costs, and civil penalties incurred in
connection with the civil prosecution of any claim for damages or
reimbursement.
Ordinance No. NS-XXX
Page 12 of 15
50A-13
(e) Juvenile Civil Actions. The City may bring a civil action in the
Superior Court to obtain a money judgment against a juvenile offender
and/or his or her parent(s) or guardian(s) having custody and control of the
juvenile offender for any amount not ordered or collected by the juvenile
court, including, but not limited to, all attorney's fees, court costs, and civil
penalties incurred in connection with the civil prosecution of any claim for
damages or reimbursement.
Sec. 10-231. Lien, Procedures.
(a) Notice of Intent to Lien. Notice of intent to record a lien
pursuant to Government Code Section 38773.2 shall be given to the owner
of record of any parcel prior to the recordation of any lien. The owner may
be the minor, or the parent(s) or legal guardian having custody and control
of the minor. Said notice shall be served by personal service in the same
manner as a civil action in accordance with the Code of Civil Procedure
Section 415.10. If the owner of record, after diligent search cannot be
found, the notice may be served by posting a copy of the Notice in a
conspicuous place upon the property fora period of ten days and
publication thereof in a newspaper of general circulation published in the
county in which the property is located pursuant to Government Code
Section 6062.
(b) Recordation. A nuisance abatement lien shall be recorded in
the County Recorder's Office in the county in which the parcel of land is
located and from the date of recording shall have the force, effect, and
priority of a judgment lien.
(c) Specific data. A graffiti nuisance abatement lien authorized by
this section shall specify the amount of the lien; the name of the agency on
whose behalf the lien is imposed; the date of the abatement order; 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.
(d) Notice of Discharge. If the lien is discharged, released, or
satisfied through payment or foreclosure, notice of the discharge
containing the information specified in Subsection (3) shall be recorded by
the governmental agency. A graffiti nuisance abatement lien and the
release of the lien shall be indexed in the grantor-grantee index.
(e) Foreclosure. A graffiti nuisance abatement lien may be
satisfied through foreclosure in an action brought by the City. The City
may recover from the property owner any costs incurred regarding the
Ordinance No. NS-XXX
50A-14 Page 13 of 15
processing and recording of the lien and providing notice to the property
owner as part of its foreclosure action to enforce the lien.
Sec. 10-232. Assessment, Procedures.
In lieu of recordation of a lien, pursuant to Government Code Section
38773.6 the City may recover its costs to abate any graffiti through
assessment procedures set forth in Sections 17-40 through 17-43 of the
Santa Ana Municipal Code.
Section 10-233. Remedies Not Exclusive,
Remedies provided for the enforcement of this Article are in addition
to and do not supersede or limit any and all other remedies provided by
law. The remedies provided herein are cumulative and not exclusive.
Section 10. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it
would have adopted this ordinance and each section, subsection, sentence, clause, phrase
or portion thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
ADOPTED this day of , 2009
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
Ordinance No. NS-XXX
Page 14 of 15
50A-15
AYES:
NOES:
ABSTAIN:
NOT PRESENT
Councilmembers
Councilmembers
Councilmembers
Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ,Clerk of the Council, do hereby attest to and
certify that the attached Ordinance No. NS-XXX to be the original ordinance
adopted by the City Council of the City of Santa Ana on ,and
that said ordinance was published in accordance with the Charter of the City of
Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-XXX
Page 15 of 15
50A-16