HomeMy WebLinkAbout1994-097
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RESOLUTION NO.94-97
RESOLUTION OF THE CITY OF SAN BERNARDINO URGING WCAL
3 LEGISLATORS TO SUPPORT AN AMENDMENT TO STATE LAW ALWWING
4 CITIES AND OTHER PUBLIC AGENCIES TO ADOPT ORDINANCES IMPOSING
FINANCIAL RESPONSIBILITY ON BOTH THE PERPETRA TOR AND THE PARENTS
5 OF MINOR CHILDREN WHO COMMIT ACTS OF GRAFFITI VANDALISM.
6 Whereas, the City of San Bernardino desires to develop a new ordinance which would
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deal effectively with the rampant graffiti problem and which would make parents of minors who
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commit acts of graffiti vandalism financially responsible for both restitution and a fine, and
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11 subject to challenge, and
Whereas, it is possible that without a change in State law, such an ordinance could be
12 Whereas, graffiti victims do have recourse against a minor offender and the minor's
13 parents pursuant to Civil Code Section 1714.1, as that section gives a victim the right to file a
14 civil action in court to recover damages of up to $10,000, and
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Whereas, although victims do have recourse as stated above, the City of San Bernardino
prefers to adopt its suggested legislation as a preferable alternative because it provides for an
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18 administrative procedure that is outside the overburdened court system, a copy of the proposed
19 legislation is attached hereto entitled "New Government Code ~53069.4", and
20 Whereas, existing law permits cities to clean up graffiti with City funds, however, the
21 City's proposed legislation would go further to allow the City to recover the clean-up costs plus
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an administrative fine of up to $1,000 from the minor and the minor's parents in an
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administrative proceeding, and
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25 Whereas, in most cases if an administrative proceeding is held, no court action would
26 be required, as the administrative order would have the same effect as a money judgment and
27 could be collected though a lien procedure on any real property owned by the parent or parents,
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94 97
1 RESOLUTION OF THE CITY OF SAN BERNARDINO URGING LOCAL
LEGISLATORS TO SUPPORT AN AMENDMENT TO STATE LAW ALLOWING
2 CITIES AND OTHER PUBLIC AGENCIES TO ADOPT ORDINANCES IMPOSING
3 FINANCIAL RESPONSffiILITY ON BOTH THE PERPETRATOR AND THE PARENTS
OF MINOR CHILDREN WHO COMMIT ACTS OF GRAFFITI VANDALISM.
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legislators to support an amendment to state law allowing cities and other public agencies to
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Now, therefore, be it resolved that the City of San Bernardino hereby urges local
adopt ordinances imposing financial responsibility on both the perpetrator and the parents of
8 minor children who commit acts of graffiti vandalism, a copy of said proposed legislation is
9 attached hereto entitled "New Government Code ~53069.4".
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RESOLUTION OF THE CITY OF SAN BERNARDINO URGING LOCAL
LEGISLATORS TO SUPPORT AN AMENDMENT TO STATE LAW ALLOWING
CITIES AND OTHER PUBLIC AGENCIES TO ADOPT ORDINANCES IMPOSING
FINANCIAL RESPONSffiILITY ON BOTH THE PERPETRATOR AND THE PARENTS
OF MINOR CHILDREN WHO COMMIT ACTS OF GRAFFITI VANDALISM.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a regular meeting thereof, held on the
18th day of
April ,1994, by the following vote, to wit:
8 COUNCIL MEMBERS
9 NEGRETE
10 CURLIN
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HERNANDEZ
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OBERHELMAN
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14 DEVLIN
15 POPE-LUDLAM
16 MILLER
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AYES
NAYS
ABSTAIN ABSENT
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\9T~ day
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The foregoing resolution is hereby approved this
, 1994.
April
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/ r:'-Y2'1 .Z"~"'--
tOM MINOR, Mayor
City of San Bernardino
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24 Approved as to form
and legal content:
25 JAMES F. PENMAN
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New Government Code ~53069.4
A. "Notwithstanding anything to the contrary contained in Government Code Section
53069.3, or Civil Code Section 1714.1, or Penal Code Sections 594(a)(I), 640.5(a), or
640.6, a city, county, or city and county, (hereinafter "local public entity") may provide
by ordinance for payment of an administrative fine and for restitution by both the minor,
and the parent or parents having custody and control of such minor, administratively
found to have created or caused graffiti as that term is defined in Government Code
Section 53069.3. Such fines may include or separately state all costs reasonably incurred
by the local public entity in removing, cleaning up or covering over the minor's graffiti.
The administrative proceeding may be held upon ten (10) days notice as provided in
subdivision (c) to such minor and/or parent as the case may be, providing an opportunity
to be heard before the legislative body of such entity or hearing officer appointed by it.
B. Any fine or restitution ordered pursuant to this section shall be irrespective of and
cumulative to any criminal conviction for an act of graffiti, or any final adjudication by
a juvenile court, or placement on a supervised program by a juvenile court, or placement
on a supervised program by a probation officer under the provisions of the Welfare and
Institutions Code for such act. Provided further, that in no event may the combined sum
of restitution and any fine ordered to be paid pursuant to an ordinance passed in
accordance with this section exceed the amount of the actual costs as determined by the
local public entity to remove, cover or repair the graffiti by more than $1,000.00.
Any administrative order made pursuant to an ordinance adopted pursuant to this section
shall have the same force and effect for enforcement and collection purposes as an order
or judgment of the Superior Court of the State of California. In addition, the ordinance
may provide for the collection of such sum by the creation of a lien on any parcel of
property owned by the minor or the parents or parent having custody and control of the
minor as set forth in subdivision (c).
C. An ordinance creating the lien authorized by subdivision (b) shall require at least ten (10)
days notice prior to the recordation of the lien to the owner of record of the parcel of
land. The notice shall be served in the same manner as summons in a civil action in
accordance with Article 3 (commencing with Section 4 I 5. 10) of Chapter 4 of Title V of
Part 2 of the Code of Civil Procedure. If the owner of record, after a 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 ten (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.
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(1) A lien authorized by this section 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. The 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 administrative order referred to in subdivision (b), the street
address, legal description and assessor's parcel no. 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 through foreclosure, notice of the discharge containing
the information specified in subdivision (c) shall be recorded by the
governmental agency. The lien authorized by this section and the release
of the lien shall be indexed in the grantor-grantee index.
(3) The lien authorized by this section may be collected in the manner
provided by Sections 39581 and 39583 of the Government Code.
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