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2 <br />3 <br />4 <br />5 <br />6 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />A. If a private property owner's consent cannot be obtained or the owner of the <br />real or personal property upon which graffiti has been placed has not removed the graffiti or <br />caused the removal of graffiti within two (2) calendar days of its placement, then the City may <br />remove and abate the graffiti at the owner's or other responsible party's expense pursuant to <br />the following procedures: <br />1. The City Manager shall cause written notice to be served upon the <br />owner of the real or personal property upon which graffiti has been placed, as such owner's <br />name and address appears on the latest equalized assessment roll. The notice shall be <br />served in the same manner as a summons in a civil action in accordance with the <br />requirements of the California Code of Civil Procedure. If the owner or other responsible <br />party cannot be found, then the notice may be served by posting a copy thereof in a <br />conspicuous place upon the property upon which the graffiti has been placed and not <br />removed for a period of ten (10) days and publication thereof in a newspaper of general <br />circulation published in the City pursuant to California Government Code Section 6062. The <br />failure of any person to receive such notice shall not affect the validity of any proceeding <br />hereunder. The owner or responsible party shall have two (2) calendar days after the date of <br />service of the notice to remove the graffiti or be subject to City removal of the graffiti and <br />assessment of the abatement costs of such removal and a lien on the property upon which <br />the graffiti was placed and not removed if the abatement costs are not paid. <br />2. The notice shall be on City letterhead in substantially the following <br />form: <br />"NOTICE OF INTENT TO REMOVE GRAFFITI <br />NOTICE IS HEREBY GIVEN that you are required at your own expense to remove or paint <br />over the graffiti located on the property commonly known as Colton, <br />California (Assessor Parcel No. ) which is visible to public view within two (2) <br />calendar days after the date of this notice. The graffiti is visible to public view and therefore <br />constitutes a nuisance pursuant to Section 9.27.030 of the Colton Municipal Code. If you fail <br />to comply with this order, City employees or private contractors under the direction of the City <br />may enter your property and abate the public nuisance by removing or painting over the <br />graffiti. The costs of abatement, including the labor, materials, legal and other administrative <br />costs associated with the removal of graffiti on your property, if not paid, will be assessed <br />upon your property and such costs will constitute a lien upon your property until paid. <br />All persons having any objections to, or interest in, said matters are hereby notified to submit <br />any objections to the City Manager within two (2) calendar days of the date of this notice. <br />At the conclusion of this two calendar (2) day period, the City may, without prior notice, <br />obtain a court order to proceed with the abatement of the graffiti on your property at your <br />expense. Any questions concerning this notice should be directed to the following: <br />11 <br />3. Service of the notice by the City Manager shall be made on the day the <br />notice is dated and by affidavit, the original of which shall be filed with the City Clerk. <br />4. If any objections are submitted to the City Manager within two (2) <br />calendar days after the date appearing on the Notice of Intent to Remove Graffiti, abatement <br />of the graffiti shall be tolled and the City Manager shall hold a hearing on the objections. If <br />-7- <br />