§ 5-31.08. Enforcement.

Without limiting any of the City's legal remedies to enforce this chapter, the following enforcement options may be pursued.

(a)

Civil remedies.

(1)

Court proceedings. Any person, responsible adult, firm, or corporation who violates any provision of this chapter shall be responsible for payment of costs of investigation, removal of graffiti, the amount of any reward paid pursuant to Section 5-31.09 of this chapter, and all attorney's fees and legal costs incurred in any civil proceeding in a court of law.

(2)

Civil fines. Any person, responsible adult, firm, or corporation who violates any provision of this chapter shall be subject to fines and/or other penalties in accordance with Title 1, Chapter 8 (Civil Fines) of the Simi Valley Municipal Code. The amount of civil penalties assessed pursuant to Title 1, Chapter 8 shall be established by resolution of the City Council.

i.

In the event a minor is assessed a civil fine or penalty, the minor may perform community service and pay City administrative fees, if any, as an alternative to paying the civil fine or penalty with prior written consent and approval from the City of Simi Valley Police Chief or designee. The number of community service hours required to satisfy a civil penalty is specified in the Schedule of Civil Fines adopted by the City Council.

ii.

A responsible adult who is assessed a civil fine or penalty may also request that the minor serve the required hours of community service as described in subsection (a)(2)(i), above, and pay City administrative fees, if any, as an alternative to paying the applicable civil fine or penalty.

iii.

The City Police Chief or designee shall retain the discretion to approve the community service suggested by the minor or responsible adult. Upon approval of the City Police Chief or designee to perform community service, the minor shall complete the required hours within one year of approval, and shall submit proof of completion to the City Police Chief. Failure to receive approval to perform community service or failure to complete the required hours of service shall result in imposition of the applicable civil fine or penalty, which is immediately payable. No reduction in the fine or penalty is authorized for completion of less than the required hours of community service as set forth in subsection (a)(2)(i), above.

(b)

Administrative abatement. The City may pursue any violation of this chapter through the administrative abatement process pursuant to Title 1, Chapter 6 (Abatement of Public Nuisances) of the Simi Valley Municipal Code and recover all costs incurred pursuant to that chapter.

(c)

Criminal penalties. Any person, firm, or corporation who violates, permits, or causes to violate any provision of this chapter, or who fails to comply with any of the requirements of this chapter, shall be guilty of a misdemeanor, punishable by up to six (6) months in the County Jail, a One Thousand and no/100ths ($1,000.00) Dollar fine, and/or both.

(d)

Fines, penalties and damages of minors. Pursuant to California Civil Code § 1714.1, any responsible adult whose minor child is in possession of a graffiti implement, or whose minor child engages in a willful act of graffiti vandalism, shall be jointly and severally liable for any and all civil fines, penalties, damages, and costs, not to exceed Twenty-Five Thousand and no/100ths, ($25,000.00) Dollars per incident or act.

(§ 1, Ord. 810, eff. February 24, 1994, as amended by § 1 (Exh. 1), Ord. 1154, eff. April 22, 2010)