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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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graffiti or other inscribed material, costs of repair and replacement of defaced <br />,~„ property, and the law enforcement costs incurred by the City in the identification <br />and apprehension of the defendant responsible for the graffiti or other inscribed <br />material on publicly or privately owned permanent real or personal property within <br />the City, as prescribed within Government Code Sections 38772-38773.6, and <br />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 Institutions <br />Code Section 602 by reason of the commission of any act prohibited under Penal <br />Code Sections 594, 594.3, 640.5, 640.6, or 640.7. <br />(d) Adult Civi! 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 ordered <br />or collected by the criminal court, including, but not limited to, all attorney's fees, <br />court costs, and civil penalties incurred in connection with the civil prosecution of <br />any claim for damages or reimbursement. <br />~ (e) Juvenile Civil Actions. The City may bring a civil action in the Superior <br />Court to obtain a money judgment against a juvenile offender and/or his or her <br />parent(s) or guardian(s) having custody and control of the juvenile offender for any <br />amount not ordered or collected by the juvenile court, including, but not limited to, <br />all attorney's fees, court costs, and civil penalties incurred in connection with the <br />civil prosecution of any claim for damages or reimbursement. <br />Sec. 10-231. Reserved <br />Sec. 10-232. Assessment, Procedures. <br />Pursuant to Government Code Section 38773.6 the City may recover its <br />costs to abate any graffiti through assessment procedures set forth in Sections 17- <br />40 through 17-43 of the Santa Ana Municipal Code. <br />Section 10-233. Remedies Not Exclusive. <br />Ordinance No. NS-2791 <br />Page 11 of 13 <br />
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