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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />14 <br />15 <br />16 <br />17 <br />20 <br />21 <br />Mot <br />27 <br />RE <br />of any graffiti caused by the minor, including all abatement costs, attorney's fees and court <br />costs resulting from the civil prosecution of any claim for damages, not to exceed twenty-five <br />thousand dollars ($25,000.00). The City, including the Colton Police Department, shall be <br />entitled to seek full cost recovery from the parent or legal guardian of a minor found to be <br />guilty of violating any provision of this Chapter. <br />9.27.160 Additional remedies; Recovery of law enforcement costs. <br />Pursuant to California Penal Code Section 594(c)(2)(A), a person convicted for acts <br />of vandalism including defacing property with graffiti may be subject to additional punishment <br />imposed by the court at the request of the City to pay for law enforcement costs, in an <br />amount not to exceed two hundred fifty dollars ($250), provided the defendant has the ability <br />to pay all or part of the costs. The City shall provide evidence of, and bear the burden of <br />establishing, the reasonable costs that it incurred in identifying and apprehending the <br />defendant. The law enforcement costs authorized to be paid pursuant to Penal Code <br />Section 594(c)(2)(A) are in addition to any other costs incurred or recovered by the City, and <br />payment of these costs shall not in any way limit, preclude or restrict any other right, remedy <br />or action otherwise available to the City. <br />9.27.170 Additional remedies; Lien — Minors and parents. <br />A. Pursuant to California Government Code, Section 38772, the City may make <br />the expense of the abatement of graffiti committed by minors: (1) a personal obligation of the <br />minor causing the graffiti nuisance and a personal obligation of the parent or guardian having <br />custody or control of the minor; and (2) a lien against the property of the minor or a lien <br />against the property of the parent or guardian having custody or control of the minor. In <br />accordance with California Government Code, Section 38772(c), the County probation officer <br />shall be requested to report the names and addresses of the parent or guardian having <br />custody and control of the responsible minor to the City Clerk. <br />1. Should the City Manager be required to abate any graffiti committed by <br />a minor the City Manager shall track and account for the abatement costs. <br />2. The minor or parent or guardian having custody of the minor shall then <br />be sent a Notice of Abatement Costs and Proposed Lien. The Notice of Abatement Costs <br />and Proposed Lien shall be substantially similar to the Notice of Lien required by Section <br />9.27.130. If the applicable party desires to protest the lien, the party may do so by <br />requesting an informal hearing before the City Manager in writing within two (2) calendar <br />days from receipt of the Notice of Abatement Costs and Proposed Lien. The City Manager <br />shall then render a final decision on the lien in writing within five (5) days and mail it by first <br />class mail to the party. The affected party shall then have five (5) calendar days to appeal <br />the City Manager's decision to the City Council. The appeal shall be in writing. <br />3. The proposed lien shall be calendared for approval and confirmation <br />by the City Council, whether an appeal has been filed or not. <br />4. The Notice of Abatement Costs and Proposed Lien shall be served in <br />the same manner as a summons in a civil action in accordance with the requirements of the <br />California Code of Civil Procedure. At a minimum, the Notice of the Abatement Costs and <br />Proposed Lien shall be personally served on the minor or parent or guardian having custody <br />and control of the minor at least seven (7) calendar days prior to the City Council meeting. If <br />—10— <br />