BILL NUMBER: AB 2317 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2010
AMENDED IN ASSEMBLY MARCH 25, 2010
INTRODUCED BY Assembly Member Saldana
FEBRUARY 19, 2010
An act to amend Sections 38772, 38773.1, 38773.2,
38773.5, and 38773.6 of, and to add Article 4 (commencing with
Section 25850) to Chapter 8 of Part 2 of Division 2 of Title 3 of,
25845, 38773.1, and 38773.5 of the Government
Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 2317, as amended, Saldana. Local government: nuisance
abatement.
Existing law authorizes the legislative body of a city to declare,
by ordinance, what constitutes a nuisance. Existing law authorizes
the legislative body of a city, by ordinance, to authorize a court to
impose treble damages for the costs of abatement in specified
circumstances. Existing law authorizes the legislative body of a city
to regulate outdoor advertising and prevent, prohibit, and provide
for the removal of an obstruction of a public place.
This bill would also specifically authorize the board of
supervisors of a county to regulate nuisances and obstructions of
public places in the same manner that existing law authorizes the
legislative body of a city to regulate nuisances and obstructions.
Existing law authorizes the legislative body of a city or
county to establish a procedure to use a nuisance abatement
lien or a special assessment to collect abatement costs
and related administrative costs.
This bill would authorize the legislative body of a city or
county to also collect fines related to the nuisance
abatement using a nuisance abatement lien or a special
assessment. This bill would also authorize the board of
supervisors of a county or city and county to use a nuisance
abatement lien or special assessment to collect abatement costs,
related administrative costs, and fines.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25845 of the
Government Code is amended to read:
25845. (a) The board of supervisors, by ordinance, may establish
a procedure for the abatement of a nuisance. The ordinance shall, at
a minimum, provide that the owner of the parcel, and anyone known to
the board of supervisors to be in possession of the parcel, be given
notice of the abatement proceeding and an opportunity to appear
before the board of supervisors and be heard prior to the abatement
of the nuisance by the county. However, nothing in this section
prohibits the summary abatement of a nuisance upon order of the board
of supervisors, or upon order of any other county officer authorized
by law to summarily abate nuisances, if the board or officer
determines that the nuisance constitutes an immediate threat to
public health or safety.
(b) In any action to abate a nuisance, whether by administrative
proceedings, judicial proceedings, or summary abatement, the owner of
the parcel upon which the nuisance is found to exist shall be liable
for all costs of abatement incurred by the county and fines
related to the nuisance abatement , including, but not limited
to, administrative costs, and any and all costs incurred in the
physical abatement of the nuisance. Recovery of costs pursuant to
this section shall be in addition to and shall not limit any
prevailing party's right to recover costs pursuant to Sections 1032
and 1033.5 of the Code of Civil Procedure or any other provision of
law.
(c) A county may, by ordinance, provide for the recovery of
attorneys' attorney's fees in any
action, administrative proceeding, or special proceeding to abate a
nuisance. If the ordinance provides for the recovery of
attorneys' attorney's fees, it shall provide for
recovery of attorneys' attorney's fees
by the prevailing party, rather than limiting recovery of
attorneys' attorney's fees to the county if it
prevails. The ordinance may limit recovery of attorneys'
attorney's fees by the prevailing party to those
individual actions or proceedings in which the county elects, at the
initiation of that individual action or proceeding, to seek recovery
of its own attorneys' attorney's fees.
In no action, administrative proceeding, or special proceeding shall
an award of attorneys' attorney's fees
to a prevailing party exceed the amount of reasonable
attorneys' attorney's fees incurred by the
county in the action or proceeding.
(d) If the owner fails to pay the costs of the abatement upon
demand by the county, the board of supervisors may order the cost of
the abatement and fines related to the nuisance abatement
to be specially assessed against the parcel. The assessment may be
collected at the same time and in the same manner as ordinary county
taxes are collected, and shall be subject to the same penalties and
the same procedure and sale in case of delinquency as are provided
for ordinary county taxes. All laws applicable to the levy,
collection, and enforcement of county taxes are applicable to the
special assessment.
(e) If the board of supervisors specially assesses the cost of the
abatement against the parcel, the board also may cause a notice of
abatement lien to be recorded. The notice shall, at a minimum,
identify the record owner or possessor of property, set forth the
last known address of the record owner or possessor, set forth the
date upon which abatement of the nuisance was ordered by the board of
supervisors and the date the abatement was complete, and include a
description of the real property subject to the lien and the amount
of the abatement cost.
(f) However, if the board of supervisors does not cause the
recordation of a notice of abatement lien pursuant to subdivision
(e), and any real property to which the costs of abatement relates
has been transferred or conveyed to a bona fide purchaser for value,
or a lien on a bona fide encumbrancer for value has been created and
attaches to that property, prior to the date on which the first
installment of county taxes would become delinquent, then the cost of
abatement shall not result in a lien against that real property but
shall be transferred to the unsecured roll for collection.
(g) Recordation of a notice of abatement lien pursuant to
subdivision (e) has the same effect as recordation of an abstract of
a money judgment recorded pursuant to Article 2 (commencing with
Section 697.310) of Chapter 2 of Division 2 of Title 9 of Part 2 of
the Code of Civil Procedure. The lien created has the same priority
as a judgment lien on real property and continues in effect until
released. Upon order of the board of supervisors, or any county
officer authorized by the board of supervisors to act on its behalf,
an abatement lien created under this section may be released or
subordinated in the same manner as a judgment lien on real property
may be released or subordinated.
(h) The board of supervisors may delegate the hearing required by
subdivision (a), prior to abatement of a public nuisance, to a
hearing board designated by the board of supervisors. The hearing
board shall make a written recommendation to the board of
supervisors. The board of supervisors may adopt the recommendation
without further notice of hearing, or may set the matter for a de
novo hearing before the board of supervisors.
(i) The board of supervisors may, by ordinance, delegate to a
hearing officer appointed pursuant to Section 27720 the powers and
duties specified by this section.
SECTION 1. Article 4 (commencing with Section
25850) is added to Chapter 8 of Part 2 of Division 2 of Title 3 of
the Government Code, to read:
Article 4. Nuisances
25850. By ordinance the board of supervisors may declare what
constitutes a nuisance.
25850.1. (a) The board of supervisors 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 25850.4 or 25850.6.
(b) The parent or guardian having custody and control of the minor
shall be jointly and severally liable with the minor. The board of
supervisors 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 25850.4
or 25850.6.
(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 county clerk or other official designated by the board
of supervisors of the 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 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.
25850.2. The board of supervisors 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 25850.3 or 25850.5.
25850.3. (a) The board of supervisors may by ordinance establish
a procedure to collect abatement and related administrative costs and
fines 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 on 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 county 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 county
to reimburse the costs of processing and recording the lien and
providing notice to the property owner. A 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.
25850.4. (a) The board of supervisors 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 county.
(g) Notwithstanding Section 6103, Section 27383, or any other
provision of law, the county recorder may impose a fee on the county
to reimburse the costs of processing and recording the lien and
providing notice to the property owner. The 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 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
25850.1.
25850.5. (a) As an alternative to the procedure authorized by
Section 25850.3, the board of supervisors may by ordinance establish
a procedure for the abatement of a nuisance and make the cost of
abatement, including fines, a special assessment against that parcel
of land on which the nuisance is maintained.
(b) A county may, by ordinance, provide for the recovery of
attorney's fees in any action, administrative proceeding, or special
proceeding to abate a nuisance. If the ordinance provides for the
recovery of attorney's fees, it shall provide for recovery of
attorney's fees by the prevailing party, rather than limiting
recovery of attorney's fees to the county if it prevails. The
ordinance may limit recovery of attorney's fees by the prevailing
party to those individual actions or proceedings in which the county
elects, at the initiation of that individual action or proceeding, to
seek recovery of its own attorney's fees. In no action,
administrative proceeding, or special proceeding shall an award of
attorney's fees to a prevailing party exceed the amount of reasonable
attorney's fees incurred by the county 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.
25850.6. (a) As an alternative to the procedure specified in
Section 25850.4, the board of supervisors 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 25850.1 and 25850.4.
25850.7. The board of supervisors, 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
25850.1 is responsible for a condition that may be abated in
accordance with an ordinance enacted pursuant to Sections 25850.5 and
25850.6, 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.
25850.8. The board of supervisors may do the following:
(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.
25850.9. The board of supervisors 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 that encroachment or obstruction.
SEC. 2. Section 38772 of the Government Code is
amended to read:
38772. (a) The legislative body 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 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 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 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.
SEC. 3. SEC. 2. Section 38773.1 of
the Government Code is amended to read:
38773.1. (a) The legislative body may by
ordinance establish a procedure to collect abatement and related
administrative costs and fines 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 on 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.
SEC. 4. Section 38773.2 of the Government Code
is amended to read:
38773.2. (a) The legislative body 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 or
city and county to reimburse the costs of processing and recording
the lien and providing notice to the property owner. The city 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 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.
SEC. 5. SEC. 3. Section 38773.5 of
the Government Code is amended to read:
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, including fines, a special assessment against that parcel
of land on which the nuisance is maintained.
(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.
SEC. 6. Section 38773.6 of the Government Code
is amended to read:
38773.6. (a) As an alternative to the procedure specified in
Section 38773.2, the legislative body 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.