SECTIONS 38771-38775 - California Statutes

GOVERNMENT CODE

SECTION 38771-38775

38771. By ordinance the city legislative body may declare what
constitutes a nuisance.

38772. (a) The legislative body of a city, county, or city and
county may provide for the summary abatement of any nuisance
resulting from the defacement of the property of another by graffiti
or any other inscribed material at the expense of the minor or other
person creating, causing, or committing the nuisance and by ordinance
may make the expense of abatement of the nuisance a lien against
property of the minor or other person and a personal obligation
against the minor or other person pursuant to Section 38773.2 or
38773.6.
(b) The parent or guardian having custody and control of the minor
shall be jointly and severally liable with the minor. The
legislative body of a city, county, or city and county may make the
expense of abatement of any nuisance, resulting from the defacement
by a minor of the property of another by graffiti or any other
inscribed material, a lien against the property of a parent or
guardian, having custody and control of the minor, and a personal
obligation against the parent or guardian having custody and control
of the minor pursuant to Section 38773.2 or 38773.6.
(c) Notwithstanding any other provision of law, the names and
addresses of the parent or guardian having custody and control of the
minor, if known, shall be reported by the probation officer of the
county to the city clerk or other official designated by the
legislative body of the city, county, or city and county in which the
defaced property is located.
(d) As used in this section, the following terms have the
following meanings:
(1) "Expense of abatement" includes, but is not limited to, court
costs, attorney's fees, costs of removal of the graffiti or other
inscribed material, costs of repair and replacement of defaced
property, and the law enforcement costs incurred by the city, county,
or city and county in identifying and apprehending the minor or
other person.
(2) "Graffiti or other inscribed material" means any unauthorized
inscription, word, figure, mark, or design that is written, marked,
etched, scratched, drawn, or painted on any real or personal
property.
(3) "Minor"or "other person" means a minor or other person who has
confessed to, admitted to, or pled guilty or nolo contendere to a
violation of Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal
Code, or a minor convicted by final judgment of a violation of
Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code, or a
minor declared a ward of the Juvenile Court pursuant to Section 602
of the Welfare and Institutions Code by reason of the commission of
an act prohibited by Section 594, 594.3, 640.5, 640.6, or 640.7 of
the Penal Code.

38773. The legislative body may provide for the summary abatement
of any nuisance at the expense of the persons creating, causing,
committing, or maintaining it and by ordinance may make the expense
of abatement of nuisances a lien against the property on which it is
maintained and a personal obligation against the property owner, in
accordance with Section 38773.1 or 38773.5.

38773.1. (a) The legislative body may by ordinance establish a
procedure to collect abatement and related administrative costs by a
nuisance abatement lien. This ordinance shall require notice prior to
the recordation of the lien to the owner of record of the parcel of
land or which the nuisance is maintained, based on the last equalized
assessment roll or the supplemental roll, whichever is more current.
(b) The notice shall be served in the same manner as summons in a
civil action in accordance with Article 3 (commencing with Section
415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil
Procedure. If the owner of record, after diligent search cannot be
found, the notice may be served by posting a copy thereof in a
conspicuous place upon the property for a period of 10 days and
publication thereof in a newspaper of general circulation published
in the county in which the property is located pursuant to Section
6062.
(c) A nuisance abatement lien shall be recorded in the county
recorder's office in the county in which the parcel of land is
located and from the date of recording shall have the force, effect,
and priority of a judgment lien.
(1) A nuisance abatement lien authorized by this section shall
specify the amount of the lien, the name of the agency on whose
behalf the lien is imposed, the date of the abatement order, the
street address, legal description and assessor's parcel number of the
parcel on which the lien is imposed, and the name and address of the
recorded owner of the parcel.
(2) In the event that the lien is discharged, released, or
satisfied, either through payment or foreclosure, notice of the
discharge containing the information specified in paragraph (1) shall
be recorded by the governmental agency. A nuisance abatement lien
and the release of the lien shall be indexed in the grantor-grantee
index.
(3) A nuisance abatement lien may be foreclosed by an action
brought by the city for a money judgment.
(4) Notwithstanding Section 6103, Section 27383, or any other
provision of law, the county recorder may impose a fee on the city to
reimburse the costs of processing and recording the lien and
providing notice to the property owner. A city may recover from the
property owner any costs incurred regarding the processing and
recording of the lien and providing notice to the property owner as
part of its foreclosure action to enforce the lien.

38773.2. (a) The legislative body of a city, county, or city and
county may, by ordinance, establish a procedure to collect abatement
and related administrative costs incurred in the summary abatement of
any nuisance resulting from the defacement by a minor or other
person of the property of another by graffiti or any other inscribed
material. The ordinance shall require notice to the minor or other
person prior to the recordation of a lien on the parcel of land owned
by the minor or other person. The ordinance shall require notice to
the parent or guardian having custody and control of the minor prior
to the recordation of a lien on the parcel of land owned by the
parent or guardian having custody and control of the minor.
(b) The notice shall be served in the same manner as a summons in
a civil action pursuant to Article 3 (commencing with Section 415.10)
of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If
the minor or other person, after diligent search, cannot be found,
the notice may be served by posting a copy of the notice upon the
property owned by the minor or other person, in a conspicuous place,
for a period of 10 days. The notice shall also be published pursuant
to Section 6062 in a newspaper of general circulation that is
published in the county in which the property is located. If the
parent or guardian having custody and control of the minor, after
diligent search, cannot be found, the notice may be served by posting
a copy of the notice upon the property owned by the parent or
guardian having custody and control of the minor, in a conspicuous
place, for a period of 10 days. The notice shall also be published
pursuant to Section 6062 in a newspaper of general circulation that
is published in the county in which the property is located.
(c) A graffiti nuisance abatement lien shall be recorded in the
county recorder's office in the county in which the parcel of land is
located. From the date of recording, the lien shall have the force,
effect, and priority of a judgment lien.
(d) A graffiti nuisance abatement lien authorized by this section
shall specify the amount of the lien; the name of the agency on whose
behalf the lien is imposed; the date of the abatement order; the
street address, legal description, and assessor's parcel number of
the parcel on which the lien is imposed; and the name and address of
the recorded owner of the parcel.
(e) If the lien is discharged, released, or satisfied, either
through payment or foreclosure, notice of the discharge containing
the information specified in subdivision (d) shall be recorded by the
governmental agency. A graffiti nuisance abatement lien and the
release of the lien shall be indexed in the grantor-grantee index.
(f) A graffiti nuisance abatement lien may be satisfied through
foreclosure in an action brought by the city.
(g) Notwithstanding Section 6103, Section 27383, or any other
provision of law, the county recorder may impose a fee on the city,
county, or city and county to reimburse the costs of processing and
recording the lien and providing notice to the property owner. The
city, county, or city and county may recover from the property owner
any costs incurred regarding the processing and recording of the lien
and providing notice to the property owner as part of its
foreclosure action to enforce the lien.
(h) As used in subdivision (a), "abatement and related
administrative costs" include, but are not limited to, court costs,
attorney's fees, costs of removal of the graffiti or other inscribed
material, costs of repair and replacement of defaced property, and
the law enforcement costs incurred by the city, county, or city and
county in identifying and apprehending the minor or other person.
(i) The terms "graffiti or other inscribed material," "minor," and
"other person" have the same meaning as specified in Section 38772.

38773.5. (a) As an alternative to the procedure authorized by
Section 38773.1, the legislative body may by ordinance establish a
procedure for the abatement of a nuisance and make the cost of
abatement of a nuisance upon a parcel of land a special assessment
against that parcel.
(b) A city may, by ordinance, provide for the recovery of
attorneys' fees in any action, administrative proceeding, or special
proceeding to abate a nuisance. If the ordinance provides for the
recovery of attorneys' fees, it shall provide for recovery of
attorneys' fees by the prevailing party, rather than limiting
recovery of attorneys' fees to the city if it prevails. The ordinance
may limit recovery of attorneys' fees by the prevailing party to
those individual actions or proceedings in which the city elects, at
the initiation of that individual action or proceeding, to seek
recovery of its own attorneys' fees. In no action, administrative
proceeding, or special proceeding shall an award of attorneys' fees
to a prevailing party exceed the amount of reasonable attorneys' fees
incurred by the city in the action or proceeding.
(c) Any procedure established pursuant to this section shall
include notice, by certified mail, to the property owner, if the
property owner's identity can be determined from the county assessor'
s or county recorder's records. The notice shall be given at the time
of imposing the assessment and shall specify that the property may
be sold after three years by the tax collector for unpaid delinquent
assessments. The tax collector's power of sale shall not be affected
by the failure of the property owner to receive notice. The
assessment may be collected at the same time and in the same manner
as ordinary municipal taxes are collected, and shall be subject to
the same penalties and the same procedure and sale in case of
delinquency as provided for ordinary municipal taxes. All laws
applicable to the levy, collection and enforcement of municipal taxes
shall be applicable to the special assessment. However, if any real
property to which the cost of abatement relates has been transferred
or conveyed to a bona fide purchaser for value, or if a lien of a
bona fide encumbrancer for value has been created and attaches
thereon, prior to the date on which the first installment of the
taxes would become delinquent, then the cost of abatement shall not
result in a lien against the real property but instead shall be
transferred to the unsecured roll for collection.
(d) A local agency that has imposed an assessment pursuant to this
section may, subject to the requirements applicable to the sale of
property pursuant to Section 3691 of the Revenue and Taxation Code,
conduct a sale of vacant residential developed property for which the
payment of that assessment is delinquent.
(e) Notices or instruments relating to the abatement proceeding or
special assessment shall be entitled to recordation.

38773.6. (a) As an alternative to the procedure specified in
Section 38773.2, the legislative body of a city, county, or city and
county may, by ordinance, establish a procedure for the abatement of
any nuisance resulting from the defacement by a minor or other person
of property of another by graffiti or other inscribed material and
make the abatement and related administrative costs a special
assessment against a parcel of land owned by the minor or other
person or by the parent or guardian having custody and control of the
minor. The assessment may be collected at the same time and in the
same manner as ordinary municipal taxes are collected and shall be
subject to the same penalties and the same procedure and sale in case
of delinquency as provided for ordinary municipal taxes. All laws
applicable to the levy, collection, and enforcement of municipal
taxes shall be applicable to the special assessment. However, if any
real property to which the abatement and related administrative costs
relate has been transferred or conveyed to a bona fide purchaser for
value, or if a lien of a bona fide encumbrancer for value has been
created and attaches thereon prior to the date on which the first
installment of the taxes would become delinquent, then the abatement
and related administrative costs shall not result in a lien against
the real property but shall instead be transferred to the unsecured
roll for collection. Notices or instruments relating to the abatement
proceeding or special assessment may be recorded.
(b) The terms "abatement and related administrative costs,"
"graffiti or other inscribed material," "minor," and "other person"
have the same meaning as specified in Sections 38772 and 38773.2.

38773.7. The legislative body, by ordinance, may provide that upon
entry of a second or subsequent civil or criminal judgment within a
two-year period finding that an owner of property or a person
described in paragraph (3) of subdivision (d) of Section 38772 is
responsible for a condition that may be abated in accordance with an
ordinance enacted pursuant to Sections 38773.5 and 38773.6, except
for conditions abated pursuant to Section 17980 of the Health and
Safety Code, the court may order that person to pay treble the costs
of the abatement.

38774. The legislative body may:
(a) Regulate the exhibition, posting, or carrying of banners,
placards, posters, cards, pictures, signs, or advertisements in or on
the street, or on or upon buildings, fences, billboards, or other
structures; or on or upon any pole in any sidewalk, alley, street,
lane, court, park, or other public place.
(b) Regulate the suspension of banners, flags, signs,
advertisements, posters, pictures, or cards across, or over any
sidewalk, alley, street, lane, court, park, or other public place, or
such suspension from fences, poles, houses, or other structures.

38775. The legislative body may prohibit and prevent encroachments
upon or obstruction in or to any sidewalks, street, alley, lane,
court, park, or other public place and provide for the removal of
such encroachment or obstruction.