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AR 030706 Ordinance - Graffiti removal
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03/07/2006 6:00 pm
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ORDINANCES:
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Waive Full Reading and Pass Second Reading of an Ordinance of the City Council of the City of Colton Amending and Restating Chapter 9.27 of the Colton Municipal Code Declaring Graffiti to be a Public Nuisance, Providing for its Removal and the Recovery of
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AR 030706 Ordinance - Graffiti removal
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Last modified
2/23/2014 6:54:26 PM
Creation date
2/19/2014 9:41:58 PM
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Agenda Item
Item Number
3
Submitted On
3/2/2006
Submitted By
Sabdi Espinoza
Item Title
AR 030706 Ordinance - Graffiti removal
ATRequest
649
Status (2)
2
Department
City Clerk
Meeting Date
3/7/2006
Meeting Time
6:00:00 PM
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1 <br />2 <br />4 <br />5 <br />6 <br />7 <br />8 <br />11 <br />12 <br />13 <br />14 <br />15 <br />19 <br />R <br />21 <br />25 <br />26 <br />27 <br />28 <br />The real property hereinafter mentioned, and upon which a lien is claimed, is that certain <br />parcel of land in the City of Colton, County of San Bernardino, State of California more <br />particularly described as follows: <br />[ADD LEGAL DESCRIPTION] <br />DATED this _ day of 20_ <br />City of Colton, California" <br />C. The nuisance abatement lien shall be recorded in the County Recorder's <br />Office and from the date of recordation, it shall have the force and effect and priority of a <br />judgment lien. If the nuisance abatement lien is discharged, released, or satisfied, either <br />through payment or foreclosure, notice of the discharge shall be recorded by the City. The <br />nuisance abatement lien and the release of the lien shall be indexed in the grantor -grantee <br />index. A nuisance abatement lien may be satisfied through foreclosure in an action brought <br />by the City for a money judgment. The City may recover from the property owner any costs <br />incurred regarding the processing and recording of the lien in the event the County <br />Recorder's Office imposes a fee upon the City for processing and recording the lien, and <br />shall provide notice to the property owner as part of its foreclosure action to enforce the lien. <br />D. As an alternate lien abatement procedure to that procedure set forth in <br />Government Code Section 38773.2, the City Council also establishes the following optional <br />abatement procedure resulting in a special assessment against a parcel of land owned by a <br />property owner upon which graffiti has been placed and not removed. This optional <br />assessment procedure is established pursuant to Government Code Section 38773.6. To <br />establish an abatement assessment against land, the same procedural steps set forth in this <br />section shall be followed. However, the Notice of Intent to Abate Graffiti may be mailed by <br />certified mail and shall include a statement specifying that the property may be sold after <br />three (3) years by the tax collector for unpaid delinquent taxes. The tax collector's power of <br />sale shall not be affected by the failure of the property owner to receive any notice required <br />by this Chapter. Further, when the City uses the alternate assessment procedures contained <br />in this section, attorney's fees shall be awarded to the prevailing party, but only in <br />circumstances when the City seeks recovery of its own attorney's fees. The assessment <br />against land shall be collected at the same time and in the same manner as municipal taxes. <br />9.27.140 City program to remove graffiti. <br />Notwithstanding the City Manager's discretion to order the removal of graffiti without <br />cost to the property owner, the City Council may, by resolution, establish a program and <br />applicable charges to be charged to property owners ordered to abate graffiti and who wish <br />to contract with the City to send City crews to remove graffiti existing on their real or personal <br />property. <br />9.27.150 Additional remedies; Recovery from parents of minors. <br />Pursuant to California Civil Code Section 1714.1(b), any parent or legal guardian <br />having custody or control of a minor who knowingly permits, or by insufficient control, allows <br />the minor to possess a graffiti implement without supervision thereof shall be jointly and <br />severally liable with such minor for any and all costs incurred in connection with the removal <br />
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