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(c) Exceptions to the Removal Requirement. The removal <br />requirements identified in this section shall not apply if the property owner or <br />responsible party can demonstrate that the property owner or responsible party <br />lacks the financial ability to remove the graffiti; or the property owner or <br />responsible party has an active program for the removal of graffiti and has <br />scheduled the removal of the graffiti as part of that program. In such case it shall <br />be unlawful to permit such property to remain defaced with graffiti for a period of <br />ten (10) days after service by first class mail of notice of the defacement. <br />Section 9. Sections 10-229 through 10-233 are added to Chapter 10 of <br />the Santa Ana Municipal Code to read in full as follows: <br />Sec. 10-229. Minor and Parental Financial Responsibility for Graffiti <br />Violations of Law. <br />(a) Pursuant to Government Code Sections 38772, 38773.2, and <br />38773.6, the City Council hereby makes the expense of abatement of graffiti <br />violations of law committed by minor a personal obligation of both the minor <br />causing the graffiti nuisance and the parent(s) or legal guardian(s) having <br />custody and control of the minor (who shall be jointly and severally liable with the <br />minor), and an assessment against the property of the minor or an assessment <br />against the property of the parent(s) or legal guardian(s) having custody and <br />control of the minor. <br />(b) Pursuant to Government Code Section 38772(c), the County <br />Probation Officer shall report the names and addresses of parent(s) or legal <br />guardian(s) having custody and control of the minor responsible for a violation of <br />this Chapter to the Clerk of the Council. <br />(c) Pursuant to Government Code Section 38773.7, upon a second or <br />subsequent civil or criminal judgment within atwo-year period, the City may find <br />that the minor causing the graffiti nuisance and the parent(s) or legal guardian(s) <br />having custody and control of the minor is responsible for the graffiti and request <br />the court to impose treble damages. <br />(d) Parental Liability. Pursuant Civil Code Section 1714.1, any parent <br />or legal guardian of a minor shall be personally liable for any and all costs to the <br />City or any person or business incurred in connection with the removal of graffiti <br />caused by conduct of said minor, and for all attorney's fees, court costs, and civil <br />penalties incurred in connection with the civil prosecution of any claim for <br />damages or reimbursement up to twenty-five thousand dollars ($25,000). <br />Ordinance No. NS-XXX <br />Page 10 of 13 <br />11A-10 <br />