Health and SafetyNuisances
Section § 38771
The city government has the power to officially decide what is considered a nuisance by creating a local law.
Section § 38772
This law allows a city or county in California to clean up graffiti or similar property defacement and charge the costs to the person who caused it. These costs can be made a lien on the property of the person responsible or their parent/guardian, making them financially responsible for cleanup if the offender is a minor.
Parents or guardians can be held jointly responsible with their child for these expenses if the child is a minor. The probation officer must report the names and addresses of the minor's parents or guardians to city officials if known.
The law defines "expense of abatement" as all costs related to removing graffiti, repairing damage, and catching the perpetrator. "Graffiti or other inscribed material" is any unauthorized markings, and "minor" includes any person involved in certain vandalism-related crimes under the Penal Code.
Section § 38773
This law allows local government bodies to quickly resolve nuisances and charge the costs to the person responsible. If the nuisance occurs on someone's property, the government can place a lien on that property and hold the property owner personally liable for the costs, following specific procedures.
Section § 38773.1
This law allows local government bodies in California to create an ordinance for collecting costs associated with cleaning up nuisances on private property via a special type of lien called a 'nuisance abatement lien'. Before this lien is applied, property owners must be informed through a formal notice, typically served like a court summons. If the owner cannot be found, the notice is posted on the property and in a local newspaper.
The lien, once recorded, acts like a court judgment and includes specific details like the amount owed and property descriptions. If the lien is settled, a release notice must also be recorded. Cities can foreclose on the lien to collect money owed, and county recorders can charge cities a fee for managing this lien process, which cities can then reclaim from the property owner.
Section § 38773.2
This law allows local governments to create rules for recovering costs from cleaning up graffiti on someone else's property. If a minor or another person is responsible, the local government can put a lien on their property to recover these costs. Before doing so, they must notify the responsible party and, for minors, their parents or guardians. If these parties can't be found, the notice can be posted on their property and published in a local newspaper.
Once the lien is on record, it acts like a court judgment against the property. It outlines the charges, agency name, order date, and property details. The lien can be removed if paid off or foreclosed, and local agencies can seek reimbursement for processing costs from the property owner.
The costs covered include legal fees, cleaning, and law enforcement related to the graffiti incident. The law also clarifies the definitions of terms like "graffiti" and "minor."
Section § 38773.5
This law allows local governments to create their own rules for dealing with nuisances on private property. They can set up a system to clean up the nuisance and charge the property owner by adding a special assessment (extra charge) to the property tax. Cities can also establish rules where the winning party can recover legal fees in nuisance cases, but this cannot exceed the city's own legal expenses.
Property owners must be notified by certified mail about any assessments, and the property can be sold after three years if these charges are not paid. These assessments are treated like regular property taxes. If the property has changed hands before the taxes become overdue, the charges won't become a lien but will be collected separately. Moreover, local governments can sell vacant residential properties if the related charges are overdue.
Section § 38773.6
This law gives cities and counties in California an alternative way to deal with nuisances like graffiti created by minors or others. Instead of using the process in another section, they can create a local law to remove the graffiti and charge the clean-up costs as a special tax against the property of the minor, the person who did it, or their parents. This tax would be collected like regular taxes. If the property has changed ownership or has a qualifying lien before the tax is due, the costs won't become a lien against the property, but will be collected separately. Notices about these charges can be officially recorded. Key terms mean the same as in related sections.
Section § 38773.7
This law allows a local government to pass an ordinance that imposes harsher financial penalties on property owners or certain responsible individuals if they are found guilty of violating nuisance laws more than once within two years. Specifically, if someone is found responsible for a second or subsequent offense of maintaining a nuisance that needs to be cleaned up, the court can order them to pay three times the cost of fixing the problem.
Section § 38774
This section allows local government bodies to control how and where banners, signs, and advertisements can be displayed in public areas like streets, parks, and buildings. They can also regulate the hanging of such items over public spaces, ensuring that anything displayed in these areas is subject to local rules and regulations.
Section § 38775
This law allows local government bodies to stop and remove anything that obstructs or encroaches on public areas like sidewalks, streets, alleys, parks, or other similar spaces.