HomeMy WebLinkAboutORD 789ORDINANCE NO. 789
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS
9.40.005, 9.40.010, AND 9.40.060 OF THE PALM
DESERT MUNICIPAL CODE, REPEALING SECTION 9.40.045,
AND ADDING SECTIONS 9.40.061, 9.40.062, 9.40.063,
AND 9.40.064 TO THE MUNICIPAL CODE, RELATING
TO GRAFFITI ABATEMENT COST RECOVERY.
WHEREAS, the City Council finds it necessary and desirable
to amend the City's Municipal Code to reflect changes in state
law regarding graffiti damage caused by minors and the recovery
of abatement costs related thereto.
NOW, THEREFORE, the City Council of the City of Palm Desert,
California, DOES ORDAIN as follows:
Section 1. Section 9.40.005 of the Municipal Code is
amended to include the following additional provision:
"C. Government Code Sections 38772, 38773.2, and
38773.6 authorize cities to adopt ordinances making the
expense of abating graffiti caused by certain minors (1) a
personal obligation of the minor and of the parents or
guardians having custody and control of the minor, and (2) a
lien or special assessment against property of the minor and
property of the parents or guardians having custody and
control of the minor. Welfare and Institutions Code Section
742.14 authorizes cities to adopt ordinances electing to
have the probation officer of the county recoup for it,
through juvenile court proceedings in accordance with
Section 742.16, its costs associated with graffiti damage
caused by certain minors. Among other things, this chapter
is intended to implement such statutory provisions."
Section 2. Section 9.40.010 of the Municipal Code is
amended to include the following additional definitions:
"'Abatement and related administrative costs' means all City
costs associated with damage caused by graffiti, including
but not limited to court costs, attorney's fees, cost of
removal of graffiti or other inscribed material, cost of
repair and replacement of property defaced by graffiti that
cannot be removed cost effectively, and law enforcement time
incurred by or charged to the City for identifying and
apprehending the person(s) who caused the graffiti.
'Minor' has the same meaning as specified in Government Code
Section 38772."
Section 3. Section 9.40.045 is hereby repealed.
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Ordinance No. 789
Section 4. Subdivision (C) of Section 9.40.060 of the
Municipal Code is amended to read as follows:
"C. Whenever the City incurs.abatement or related
administrative costs to remove graffiti from personal or
real property, or to repair or replace property defaced by
graffiti that cannot be removed cost effectively, the City
may invoice the person(s) who caused the graffiti for such
costs, which shall be a personal obligation and debt owed to
the City by such person(s). In case of a minor who causes
graffiti, an invoice may also be sent to the parents or
guardians having custody and control of the minor, who shall,
be jointly and severally liable with the minor for the
City's abatement and related administrative costs. Invoices
shall be due and payable no later than 30 days following
their receipt, except to the extent that period is tolled
due to a timely request for an administrative hearing.
After that, interest on the amount owing shall accrue at the
maximum legal rate and the City may proceed to collect the
debt through any lawful means, including the procedures
established by this chapter of the Municipal Code and by
applicable state law."
Section 5. Section 9.40.061 is added to the Municipal Code
and will read as follows:
119.40.061 Invoice -- contents and service.
A. An invoice for abatement and related administrative
costs sent pursuant to Section 9.40.060(C) of the Municipal
Code shall include all of the following information:
• A statement notifying the recipient that he/she has
been determined by the City to be responsible under
Section 38772 of the Government Code and Chapter 9.40
of the City's Municipal Code for the City's expenses of
removing certain graffiti in the City and/or repairing
or replacing property damaged by such graffiti.
• The location and description of the graffiti for which
abatement cost recovery is sought.
• The date by which the invoice must be paid and the fact
that interest on the amount owing will accrue at the
maximum legal rate if it is not timely paid.
• A statement notifying the recipient of his/her right to
request an administrative hearing within ten (10) days
of receipt of the invoice regarding liability and/or
the amount of costs sought, and the fact that the time
period to pay the invoice will be tolled pending the
outcome of the hearing.
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Ordinance No. 789
• A statement notifying the recipient that if he/she does
not pay the invoice or request a hearing within the
time allowed, then the City's determinations regarding
liability and costs will become final and non -
appealable to any other City authority and the City
will proceed with lawful collection methods, which in
the case of a minor and his/her parents or guardians
may include recording a lien or special assessment for
the full amount of the invoice plus interest against
property of the minor and against property of the
parents or guardians.
B. The City shall serve the invoice in one of the
following ways: (1) by personal service; (2) by both regular
first class mail and certified mail with return receipt
requested; or, if neither of the previous two methods is
available or successful in a given case, (3) by some other
method reasonably calculated to provide actual notice to the
recipient. If mail service is used, then the return receipt
shall constitute evidence of the date the invoice was
received. If the certified mail is not accepted, then the
invoice will be deemed to have been received by regular mail
three days after its mailing.
C. Failure to comply with any of the foregoing require-
ments shall not render the invoice or other cost recovery
proceedings defective if they meet minimum constitutional
standards for due process."
Section 6. Section 9.40.062 is added to the Municipal Code
and will read as follows:
119.40.062 Hearing -- notice and procedure.
A. Any person sent an invoice for abatement or related
administrative costs pursuant to Section 9.40.060(C) of the
Municipal Code is entitled to an administrative hearing
regarding liability and/or the amount of costs sought to be
recovered, if timely requested. A request for a hearing
shall be timely if it is received by the City no later than
the close of business on the loth day following receipt of
the invoice. A timely request for a hearing tolls the time
for payment of the invoice until the recipient has been
notified of the hearing officer's decision.
B. If a hearing is timely requested, the City shall send
the party requesting the hearing written notice of the time,
date, and location of the hearing. The notice shall be
served in the same manner as the invoice and shall be
reasonably calculated so as to give the recipient at least
three days' advance notice of the hearing. Notice of the
hearing officer's final decision after the hearing shall be
similarly served.
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Ordinance No. 789
C. The scope of an administrative hearing shall be
limited to either or both of the following issues: (1)
liability for costs; and (2) the amount of costs sought to
be recovered. The party requesting the hearing shall be
entitled to submit evidence on either or both issues, which
shall be duly considered by the hearing officer provided it
is either presented during the hearing or received by the
City Manager or his/her designee no later than the close of
business on the day before the hearing. No formal rules of
evidence shall apply. The party requesting the hearing
shall be entitled to attend the hearing but such attendance
shall not be mandatory.
D. The hearing officer shall be the City Manager or
his/her designee. The hearing officer's decision shall be
final and non -appealable to any other City authority.
Failure to timely request a hearing waives any right to the
hearing and renders the determinations reflected in the
invoice similarly final and non -appealable."
Section 7. Section 9.40.063 is added to the Municipal Code
and will read as follows:
119.40.063 Delinquent invoice -- collection procedure.
If an invoice is not paid in a timely manner and the
City's determinations regarding the invoice have become
final and non -appealable, then the City may proceed to
collect the debt through anv lawful means including. in the
case of a minor and the parents
and control of the minor, impos
abatement lien" following the p
Section 38773.2 or, as an alter.
special assessment following th
Code Section 38773.6. To the e
state law and this chapter of t
specify a particular aspect of
abatement lien or special asses
the procedures outlined in Sect
the Municipal Code regarding co
liens and special assessments m
do not conflict with applicable
or guardians having custody
Ltion of a "graffiti nuisance
-ocedures of Government Code
iative to such a lien, a
procedures of Government
ctent the aforementioned
ie Municipal Code do not
:he graffiti nuisance
;went imposition procedure,
Lons 8.20.145 and 8.20.150 of
iventional nuisance abatement
ty be followed, provided they
state law."
Section 8. Section 9.40.064 is hereby added to the
Municipal Code and will read as follows:
119.40.064 Recoupment by county probation officer.
A. Pursuant to Welfare and Institutions Code Section
741.14, the City does hereby elect to have the
probation officer of Riverside County recoup for it,
through juvenile court proceedings in accordance with
Section 742.16 of the Welfare and Institutions Code,
its costs associated with defacement by minors of its
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Ordinance No. 789
property and the property of others by graffiti or
other inscribed material.
B. For purposes of this Section only, the City Council
makes the following cost findings, the specific dollar
amounts of which shall be set by Council resolution:
1. The City's average costs per unit of measure of
identifying and apprehending a person subsequently
convicted or otherwise found by a court proceeding
to have committed an act prohibited by Section
594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the
Penal Code are as follows:
• County Sheriff services rendered to the City
under contract, based the estimated value of
hours spent by Sheriff's personnel and miles
driven by patrol vehicles (including
fractions thereof).
• Cost per hour of City staff time.
• Cost per mile of City vehicle usage.
2. The City's average costs per unit of measure of
removing graffiti or other inscribed material, or
of repairing or replacing property defaced with
graffiti or other inscribed material that cannot
be removed cost effectively, may include any of
the following:
• Graffiti removal services rendered to the
City under contract with Sunline Transit
Agency, based on the estimated value of hours
spent by Sunline personnel and miles driven
by Sunline vehicles (including fractions
thereof).
• Cost per hour (including fractions thereof)
of City staff time.
• Cost per mile (including fractions thereof)
of City vehicle usage.
• Costs per item to repair or replace the
following types of property frequently
defaced with graffiti or other inscribed
material that cannot be removed cost
effectively: street signs and posts.
• Per square inch cost (including fractions
thereof) of paint and material.
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Ordinance No. 789
Section 9. The City Clerk shall certify as to the passage
and adoption of this ordinance and shall cause the same to be
published once in the Palm Desert Post, a newspaper of general
circulation, printed, published, and circulated within the City
of Palm Desert, and'the same shall be in force and effect thirty
(30) days after its adoption.
Section 10. The City Clerk shall forward a certified copy
of this ordinance to the clerk of the Riverside County Juvenile
Court and to the probation officer of Riverside County.
PASSED, APPROVED, and ADOPTED this 11TH day of JANUARY
1996, by the City Council of the City of Palm Desert, California,
by the following vote, to wit:
AYES: BENSON, CRITES, KELLY, SNYDER
NOES: NONE
ABSENT: SPIEGEL
ABSTAIN: NONE
WALTER H. SNYDER, MAYPR
City of Palm Desert, California
T:
SHEILA Rr)211LLIGAN ity Clerk
City of Palm Desk t California
APPROVED A O.FO
CITY ATTORW
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