Nuisances

Cal. GOV § 38773.2

California Statutes

(

a) The legislative body of a city, county, or city and county may, by ordinance, establish a procedure to collect abatement and related administrative costs incurred in the

summary abatement of any nuisance resulting from the defacement by a minor or other person of the property of another by graffiti or any other inscribed material. The ordinance shall require notice to the minor or other person prior to the recordation of a lien on the parcel of land owned by the minor or other person. The ordinance shall require notice to the parent or guardian having custody and control of the minor prior to the recordation of a lien on the parcel of land owned by the parent or guardian having custody and control of the minor. (

b) The notice shall be served in the same manner as a summons in a civil action pursuant to

Article 3 (commencing with

Section 415.10) of

Chapter of Title of Part of the Code of Civil Procedure. If the minor or other person, after diligent search, cannot be found, the notice may be served by posting a copy of the notice upon the property owned by the minor or other person, in a conspicuous place, for a period of days. The notice shall also be published pursuant to

Section in a newspaper of general circulation that is published in the county in which the property is located. If the parent or guardian having custody and control of the minor, after diligent search, cannot be found, the notice may be served by posting a copy of the notice upon the property owned by the parent or guardian having custody and control of the minor, in a conspicuous place, for a period of days. The notice shall also be published pursuant to

Section in a newspaper of general circulation that is published in the county in which the property is located. (

c) A graffiti nuisance abatement lien shall be recorded in the county recorder’s office in the county in which the parcel of land is located. From the date of recording, the lien shall have the force, effect, and priority of a judgment lien. (

d) 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. (

e) If the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subdivision (

d) 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. (

f) A graffiti nuisance abatement lien may be satisfied through foreclosure in an action brought by the city. (

g) Notwithstanding

Section 6103,

Section 27383, or any other provision of law, the county recorder may impose a fee on the city, county, or city and county to reimburse the costs of processing and recording the lien and providing notice to the property owner. The city, county, or city and county may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien. (

h) As used in subdivision (a), “abatement and related administrative costs” 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, county, or city and county in identifying and apprehending the minor or other person. (

i) The terms “graffiti or other inscribed material,” “minor,” and “other person” have the same meaning as specified in

Section 38772.

Document details

CollectionCalifornia Statutes
CitationCal. GOV § 38773.2
Date2001-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierGOV38773.2.2000582

Nuisances

Cal. GOV § 38773.2

California Statutes

Nuisances

Cal. GOV § 38773.2

California Statutes

(

a) The legislative body of a city, county, or city and county may, by ordinance, establish a procedure to collect abatement and related administrative costs incurred in the

summary abatement of any nuisance resulting from the defacement by a minor or other person of the property of another by graffiti or any other inscribed material. The ordinance shall require notice to the minor or other person prior to the recordation of a lien on the parcel of land owned by the minor or other person. The ordinance shall require notice to the parent or guardian having custody and control of the minor prior to the recordation of a lien on the parcel of land owned by the parent or guardian having custody and control of the minor. (

b) The notice shall be served in the same manner as a summons in a civil action pursuant to

Article 3 (commencing with

Section 415.10) of

Chapter of Title of Part of the Code of Civil Procedure. If the minor or other person, after diligent search, cannot be found, the notice may be served by posting a copy of the notice upon the property owned by the minor or other person, in a conspicuous place, for a period of days. The notice shall also be published pursuant to

Section in a newspaper of general circulation that is published in the county in which the property is located. If the parent or guardian having custody and control of the minor, after diligent search, cannot be found, the notice may be served by posting a copy of the notice upon the property owned by the parent or guardian having custody and control of the minor, in a conspicuous place, for a period of days. The notice shall also be published pursuant to

Section in a newspaper of general circulation that is published in the county in which the property is located. (

c) A graffiti nuisance abatement lien shall be recorded in the county recorder’s office in the county in which the parcel of land is located. From the date of recording, the lien shall have the force, effect, and priority of a judgment lien. (

d) 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. (

e) If the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subdivision (

d) 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. (

f) A graffiti nuisance abatement lien may be satisfied through foreclosure in an action brought by the city. (

g) Notwithstanding

Section 6103,

Section 27383, or any other provision of law, the county recorder may impose a fee on the city, county, or city and county to reimburse the costs of processing and recording the lien and providing notice to the property owner. The city, county, or city and county may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien. (

h) As used in subdivision (a), “abatement and related administrative costs” 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, county, or city and county in identifying and apprehending the minor or other person. (

i) The terms “graffiti or other inscribed material,” “minor,” and “other person” have the same meaning as specified in

Section 38772.

Document details

CollectionCalifornia Statutes
CitationCal. GOV § 38773.2
Date2001-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierGOV38773.2.2000582