NS-2791 - Laserfiche WebLink

Home Browse Search

Section 9. Sections 10-229 through 10-233 are added to Chapter 10 of the `+'' Santa Ana Municipal Code to read in full as follows: Sec. 10-229. Minor and Parental Financial Responsibility for Graffiti Violations of Law. (a) Pursuant to Government Cade Sections 38772, 38773.2, and 38773.6, the City Council hereby makes the expense of abatement of graffiti violations of law committed by minor a personal obligation of both the minor causing the graffiti nuisance and the parent(s) or legal guardian(s) having custody and control of the minor (who shall be jointly and severally liable with the minor), and an assessment against the property of the minor or an assessment against the property of the parent(s) or legal guardian(s) having custody and control of the minor. (b) Pursuant to Government Code Section 38772(c), the County Probation Officer shall report the names and addresses of parent(s) or legal guardian(s) having custody and control of the minor responsible for a violation of this Chapter to the Clerk of the Council. (c) Pursuant to Government Code Section 38773.7, upon a second or subsequent civil or criminal judgment within atwo-year period, the City may find that the minor causing the graffiti nuisance and the parent(s) or legal guardian(s) having custody and control of the minor is responsible for the graffiti and request the court to impose treble damages. (d) Parental Liability. Pursuant Civil Code Section 1714.1, any parent or legal guardian of a minor shall be personally liable for any and all costs to the City or any person or business incurred in connection with the removal of graffiti caused by conduct of said minor, and for all attorney's fees, court costs, and civil penalties incurred in connection with the civil prosecution of any claim for damages or reimbursement up to twenty-five thousand dollars ($25,000). Sec. 10-230. Defendant Liability for Cost of Graffiti Abatement. (a) Defendant's liability for cost of graffiti abatement. When the disposition of a criminal case or a proceeding pursuant to Welfare and Institutions Code Section 602 determines that the defendant in that case is responsible for creating, causing or committing the graffiti which was abated by the City, that same defendant shall be liable for all costs incurred by the City. These costs shall include, but are not limited to, court costs, attorney's fees, costs of removal of the ,r„ Ordinance No. NS-2791 Page 10 of 13