If, in the opinion of the department head, there exists a condition
on any premises which is of such a nature as to be imminently dangerous
to the public health, safety or welfare, which, if not abated according
to the procedures of this code, would, during the pendency of the
proceedings, subject the public to potential harm of a serious nature,
the same may be abated forthwith without compliance with the provisions
of this code. Notwithstanding the forgoing, a reasonable effort shall
be made to notify the owner of the premises in advance of abatement.
(SCC 0982 § 1, 1995)
The cost of abatement including, attorneys' fees and all administrative
costs of any action taken hereunder shall be assessed against the
subject premises as a lien or made a personal obligation to the owner
as provided in Article X of this chapter; except, that in the event
the courts shall decide the action taken under this article was improper,
no lien shall be assessed and attorneys' fees may be awarded to the
prevailing party.
(SCC 0982 § 1, 1995; SCC
1066 § 7, 1997)
A. The
Board of Supervisors finds that proliferation of graffiti, especially
gang-related graffiti, presents an imminent danger to the public safety
and welfare and constitutes a public nuisance. Law enforcement officials
and other experts agree that immediate removal of gang-related graffiti
is necessary to reduce the risk of violent and other criminal activities
associated with gangs and gang territories. The presence of graffiti
which is not abated immediately encourages the creation of additional
graffiti, resulting in neighborhood blight and increased costs of
abatement.
B. Notwithstanding the provisions of Section
16.18.901, the Directors of Community Development and Transportation are hereby authorized to summarily abate graffiti as provided in Chapter
6.120 of this Code. The abatement may be undertaken by County staff or by outside contractors.
C. The
costs of summary abatement of graffiti may be assessed against the
abated property as a lien or made a personal obligation of the owner
as provided in Article X of this chapter.
D. Pursuant
to
Government Code Sections 38772-38773.6 and 53069.3, if the person
or persons responsible for applying the graffiti is/are identified
by having confessed to, admitted to, or pled guilty or nolo contendere
to, or has been found guilty in a court of law of a violation of Section
594, 594.3, 640.5, 640.6, or 640.7 of the
Penal Code, or is 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 is 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, costs
of summary abatement of the graffiti may be specially assessed against
any parcel of land owned by the person responsible for applying the
graffiti, or against any parcel of land owned by the parent or guardian
having custody and control of the minor responsible for applying the
graffiti. Special assessment proceedings shall occur as provided in
Article X of this chapter.
(SCC 0982 § 1, 1995; SCC
1532 § 2, 2013; SCC 1578 § 24,
2015)