Laserfiche WebLink
Sec. 10-230. Defendant Liability for Cost of Graffiti Abatement. <br />(a) Defendant's liability for cost of graffiti abatement. When the <br />disposition of a criminal case or a proceeding pursuant to Welfare and <br />Institutions Code Section 602 determines that the defendant in that case is <br />responsible for creating, causing or committing the graffiti which was abated by <br />the City, that same defendant shall be liable for all costs incurred by the City. <br />These costs shall include, but are not limited to, court costs, attorney's fees, <br />costs of removal of the graffiti or other inscribed material, costs of repair and <br />replacement of defaced property, and the law enforcement costs incurred by the <br />City in the identification and apprehension of the defendant responsible for the <br />graffiti or other inscribed material on publicly or privately owned permanent real <br />or personal property within the City, as prescribed within Government Code <br />Sections 38772-38773.6, and 53069.3. <br />(b) Adult Defendant Presumption. The determination of responsibility <br />shall be presumed by any confession, admission, guilty plea, or plea of nolo <br />contendere to any violation of Penal Code Sections 594, 594.3, 640.5, 640.6, or <br />640.7. <br />(c) Juvenile Offender Presumption. In the case of a minor defendant, <br />responsibility shall be determined upon a conviction by final judgment or by the <br />minor being made a ward of the Juvenile Court pursuant to Welfare and <br />Institutions Code Section 602 by reason of the commission of any act prohibited <br />under Penal Code Sections 594, 594.3, 640.5, 640.6, or 640.7. <br />(d) Adult Civil Actions. The City may bring a civil action in the Superior <br />Court to obtain a money judgment against a defendant for any amount not <br />ordered or collected by the criminal court, including, but not limited to, all <br />attorney's fees, court costs, and civil penalties incurred in connection with the <br />civil prosecution of any claim for damages or reimbursement. <br />(e) Juvenile Civil Actions. The City may bring a civil action in the <br />Superior Court to obtain a money judgment against a juvenile offender and/or his <br />or her parent(s) or guardian(s) having custody and control of the juvenile offender <br />for any amount not ordered or collected by the juvenile court, including, but not <br />limited to, all attorney's fees, court costs, and civil penalties incurred in <br />connection with the civil prosecution of any claim for damages or reimbursement. <br />Sec. 10-231. Reserved <br />Ordinance No. NS-XXX <br />11 A-11 Page 11 of 13 <br />