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HomeGovernment CodeDiv. 3Pt. 2Ch. 10Art. 6§ 38772 Graffiti Abatement Liability

§ 38772 Graffiti Abatement Liability

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 38772 Graffiti Abatement Liability

Key Takeaways

  • •If a kid or adult draws or writes on someone else's property without permission (like graffiti), they have to pay to clean it up or fix it.
  • •The city can make the kid or adult pay by putting a charge on their property or making them pay directly.
  • •If the kid who did it is under 18, their parents or guardians have to pay too.
  • •The city can also tell the kid's parents or guardians about what happened.

Example

A 16-year-old sprays graffiti on the wall of a local store.

The teen and their parents will have to pay for cleaning the wall. The city can make them pay by adding the cost to their property or asking for the money directly. The city will also tell the parents about what their kid did.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 38772 Graffiti Abatement Liability

(a) The legislative body of a city, county, or city and county may provide for the summary abatement of any nuisance resulting from the defacement of the property of another by graffiti or any other inscribed material at the expense of the minor or other person creating, causing, or committing the nuisance and by ordinance may make the expense of abatement of the nuisance a lien against property of the minor or other person and a personal obligation against the minor or other person pursuant to Section 38773.2 or 38773.6. (b) The parent or guardian having custody and control of the minor shall be jointly and severally liable with the minor. The legislative body of a city, county, or city and county may make the expense of abatement of any nuisance, resulting from the defacement by a minor of the property of another by graffiti or any other inscribed material, a lien against the property of a parent or guardian, having custody and control of the minor, and a personal obligation against the parent or guardian having custody and control of the minor pursuant to Section 38773.2 or 38773.6. (c) Notwithstanding any other provision of law, the names and addresses of the parent or guardian having custody and control of the minor, if known, shall be reported by the probation officer of the county to the city clerk or other official designated by the legislative body of the city, county, or city and county in which the defaced property is located. (d) As used in this section, the following terms have the following meanings: (1) “Expense of abatement” includes, but is not limited to, court costs, attorney’s fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the city, county, or city and county in identifying and apprehending the minor or other person. (2) “Graffiti or other inscribed material” means any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on any real or personal property. (3) “Minor”or “other person” means a minor or other person who has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code, or 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 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. (Amended by Stats. 2000, Ch. 58, Sec. 1. Effective January 1, 2001.)

Last verified: January 22, 2026

Key Terms

nuisanceobligationenforcementprobationordinanceabatementfinecustody

Related Statutes

  • § 38773.2 Graffiti Abatement Cost Recovery
  • § 38773 Nuisance Abatement Cost Recovery
  • § 38773.1 Nuisance Abatement Lien Procedure
  • § 38773.7 Repeat Offender Abatement Costs
  • § 27471 Coroner Embalming Authority

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 38772.
View Official Source