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2 <br />3i <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />11 <br />12 <br />13 <br />14 <br />15 <br />17 <br />18 <br />19 <br />20 <br />21 <br />25 <br />26 <br />27 <br />28 <br />after diligent search, the minor, parent or guardian, as the case may be, cannot be found, the <br />notice may then be served by: (i) posting a copy of the notice in a conspicuous place upon <br />the property owned by the applicable party for a period of ten (10) days; and (ii) the notice <br />shall be published in a newspaper by the City Clerk pursuant to Government Code Section <br />6062. Notice of the City Council consideration of the proposed adoption of the lien shall be <br />served by first class U.S. Mail. <br />5. The City Council shall have the authority to adopt a resolution <br />confirming the lien, which, following adoption, shall be recorded by the City Clerk in the <br />County Recorder's office pursuant to Government Code Section 38773.2(c). From date of <br />recording, the lien shall have the force, effect and priority of a judgment lien. If the lien is <br />discharged, released, or satisfied, either through payment or foreclosure, notice of the <br />discharge shall be recorded by the City. The lien and the release of the lien shall be indexed <br />in the grantor -grantee index. A nuisance abatement lien may be satisfied through foreclosure <br />in an action brought by the City. The City may also recover from the minor, parent or <br />guardian of the minor any costs incurred regarding the processing and recording of the lien in <br />the event the County Recorder's Office imposes a fee upon the City for processing and <br />recording the lien, and shall provide notice to the minor, parent or guardian of its foreclosure <br />action to enforce the lien. <br />6. Pursuant to Government Code Section 38773.2(d), the resolution <br />confirming the abatement lien shall specify the amount of the lien; the name of the City (on <br />whose behalf the lien is imposed); the date of the abatement order; the street address, legal <br />description, and assessor's parcel number; and the name and address of the recorded owner <br />of the parcel. <br />9.27.180 Additional remedies; Alternate Assessment procedure — Parents of <br />minors. <br />As an alternate abatement procedure to that procedure set forth in Section 9.27.170, the City <br />Council also establishes the following optional abatement procedure resulting in a special <br />assessment against a parcel of land owned by a minor or other person creating, causing, or <br />committing graffiti or the parent or guardian of the minor. This optional assessment <br />procedure is established pursuant to Government Code Section 38773.6. To establish an <br />abatement assessment against land, the same procedural steps set forth in Section 9.27.170 <br />shall be followed. However, the Notice of Abatement Costs and Proposed Lien may be <br />served by certified mail and shall include a statement specifying that the property may be <br />sold after three (3) years by the tax collector for unpaid delinquent taxes. The tax collector's <br />power of sale shall not be affected by the failure of the minor, parent or guardian to receive <br />any notice required by this Chapter. Further, when the City uses the alternate abatement <br />procedures contained in this section, attorney's fees shall be awarded to the prevailing party, <br />but only in circumstances when the City seeks recovery of its own attorney's fees. The <br />assessment against land shall be collected at the same time and in the same manner as <br />municipal taxes. <br />9.27.190 Land use entitlements --Conditions. <br />In approving subdivision maps, conditional use permits, variances or other land use <br />entitlements, the City may impose any or all of the following conditions for the purpose of <br />controlling graffiti: <br />- 11 - <br />