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NS-2791
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Last modified
1/3/2012 1:00:16 PM
Creation date
8/25/2009 4:48:33 PM
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Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-2791
Date
8/17/2009
Destruction Year
PERM
Notes
Amend Section 10-221 to 10-233
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Section 9. Sections 10-229 through 10-233 are added to Chapter 10 of the `+'' <br />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 Cade 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 custody <br />and control of the minor (who shall be jointly and severally liable with the minor), <br />and an assessment against the property of the minor or an assessment against the <br />property of the parent(s) or legal guardian(s) having custody and control of the <br />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 or <br />legal guardian of a minor shall be personally liable for any and all costs to the City <br />or any person or business incurred in connection with the removal of graffiti caused <br />by conduct of said minor, and for all attorney's fees, court costs, and civil penalties <br />incurred in connection with the civil prosecution of any claim for damages or <br />reimbursement up to twenty-five thousand dollars ($25,000). <br />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 Institutions <br />Code Section 602 determines that the defendant in that case is responsible for <br />creating, causing or committing the graffiti which was abated by the City, that same <br />defendant shall be liable for all costs incurred by the City. These costs shall <br />include, but are not limited to, court costs, attorney's fees, costs of removal of the ,r„ <br />Ordinance No. NS-2791 <br />Page 10 of 13 <br />
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