ORD 1713 - Laserfiche WebLink

Ordinance No. 1713 Page 3 9.34.050 Abatement at Owner's Expense. Graffiti located on property within the City so as to be capable of being viewed by a person utilizing any public fight of way may be abated by the City at the property owner's expense as a public nuisance after service of a notice to abate as herein set forth. 9.34.060 Abatement at Owner's Expense; Notice to Abate. A. Whenever the City is apprised of the presence of graffiti within the City, the City shall serve a written notice to abate such graffiti upon the owner of the affected premises as such owner's name and address appears on the last equalized assessment roll or the supplement roll, whichever is more current. B. The notice to abate the graffiti shall set forth the following: 1. The street address or other description sufficient to identify the property affected. 2. The length of time permitted for voluntary abatement of the graffiti which length of time shall be no less than ten days. 3. A statement that the property owner may, within seven days of sendee of the notice to abate, file a request for hearing if the owner disagrees with the demand to abate the graffiti. 4. A statement that if the graffiti is not voluntarily abated within the stated period, the City will abate the graffiti. If the property is real property, the expense of abatement shall become a charge and shall be a lien against the property. C. Service of Notice. 1. The notice to abate the graffiti shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in Alameda County pursuant to Government Code Section 6062. 2. The failure to make or attempt such service on any person as required herein shall not invalidate any proceedings under this Chapter as to any other person duly served.