ORD 1713 - Laserfiche WebLink

Ordinance No. 1713 Page 5 E. Instead of making the expense of abatement a lien upon the real property under Section 9.34.080(D), the City may make the expense the personal obligation of the property owner, tenant or other person creating, causing, committing or maintaining the nuisance. In such a case, all of the procedures of this Chapter apply except those specially related to assessment of the property. 9.34.090 Abatement at Expense of Person Creating, Causing or Committing Graffiti; Hearing. If the City has used its funds pursuant to this Chapter to remove graffiti or repair or replace property defaced by graffiti, the City may recover such expense of abatement from the person who has created, caused, or committed the nuisance as follows: A. The City Manager shall give the person, and if the person is a minor, the minor's parent or guardian, not less than forty-eight (48) hours notice of a hearing to be held by the City Manager for the purpose of showing cause why the City should not recover the expense of abatement from the person, and if the person is a minor, the minor's the parent or guardian. B. The hearing shall be before the City Manager. The hearing shall be an opportunity for the person requesting the hearing to present reasons relative to the recovery of the expense of abatement from the person, and if the person is a minor, from the minor and the minor's parent or guardian. C. At the conclusion of the hearing, the City Manager shall issue a decision in writing whether the City should recover expense of abatement from the person and if the person is a minor, the minor and the minor's parent or guardian. If the requirement for payment is upheld, the decision shall contain an accounting and a demand for payment. A copy of the decision shall be served on the person, and if the person is a minor, the minor and the minor's parent or guardian, by first class mail, postage pre-paid. The decision of the City Manager shall be final. D. The parent or guardian of the minor shall be jointly and severally liable with the minor for the expense of abatement under Government Code Sections 38772. E. If payment is not made within thirty (30) days from the date of the accounting and demand for payment, the payment shall be deemed delinquent and shall be subject to a penalty assessment of one hundred ($100.00) dollars plus interest on the unpaid amount plus penalty, which interest shall accrue at the rate of one and one-half(11/2) percent per month until paid.