Chapter 8.14 - Graffiti#

8.14.010 - Purpose.#

The purpose of this chapter is to provide a program and additional enforcement tools to those already provided by state law for removal of graffiti from walls and structures on both public and private property and to prevent and control the further spread of graffiti in the city. Graffiti on both public and private buildings and structures threatens the public welfare with potential violence and/or instills the fear of crime. Graffiti also reduces property values, is detrimental to the rights and values of private property owners and reduces the quality of life in the community.

(Ord. 600B §1(part), 1993)

8.14.020 - Definitions.#

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section:

Graffiti. "Graffiti" includes any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on any structural component of any building, structure or any other facility or surface; or otherwise deemed by the city council to be a public nuisance.

(Ord. 600B §1(part), 1993)

8.14.030 - Declaration of nuisance.#

The city council finds and declares that the existence of graffiti anywhere within the boundaries of the city is a public and private nuisance, and may be abated according to the provisions and procedures contained in this chapter.

(Ord. 600B §1(part), 1993)

8.14.040 - Removal by person applying graffiti.#

Any person applying graffiti within the city shall have the duty to remove the same immediately, but not longer than 72 hours after notice by the city or the public or private owner of the property involved. Failure of any person to so remove graffiti shall constitute a separate violation and, upon conviction thereof, shall be punished by a fine not exceeding $250.00 for the first violation; $350.00 for the second violation; and $450.00 for each additional conviction within one year. Every day that said graffiti is not removed after notice shall constitute a separate offense. When graffiti is applied by minors, the parent or guardian shall be responsible for such removal or payment for the cost thereof.

(Ord. 600B §1(part), 1993)

8.14.050 - Abatement at owner's expense.#

Graffiti located on privately or publicly owned property within the city so as to be capable of being viewed by a person utilizing any public right-of-way, may be removed by the city at the owner's expense as a public nuisance after service of a notice to abate as herein set forth.

(Ord. 600B §1(part), 1993)

8.14.060 - Notice to abate.#

Whenever the city is apprised of the presence of graffiti located on privately or publicly owned property within the city, the city may serve a written notice to abate such graffiti upon the owner of the affected property as such owner's name and address appears on the last equalized assessor roll or the supplemental roll, whichever is more current. Said notice shall identify the property affected and advise that if the graffiti is not removed within the time set forth in the notice, the city shall abate the graffiti and that the cost of such abatement shall become a charge against property. The notice should also state that the property owner may, during the abatement period, file a request for hearing if the owner contends that the property does not contain graffiti.

(Ord. 600B §1(part), 1993)

8.14.070 - Hearing.#

The request for hearing must be received by the director of public safety within seven days. The hearing shall be an informal opportunity for the property owner to present arguments as to why the property does not contain graffiti. The determination of the director of public safety, or his/her designee, after this hearing, shall be final and not appealable. If, after the hearing, the director of public safety, or his/her designee, determines that the property contains graffiti, the director or designee shall give written notice of an order to abate and a deadline for abatement.

(Ord. 600B §1(part), 1993)

8.14.080 - Abatement at owner's expense—Costs.#

(a) If the graffiti is not completely abated by the owner or occupier of the property within the time prescribed in the notice to abate or, if the owner timely requests a hearing, within the time period prescribed in the notice following said hearing, the city manager or his/her designee is authorized and directed to cause the graffiti to be abated by city personnel or private contract, and the city, or its private contractor, is expressly authorized to enter upon the premises for such purposes.

(b) The city shall keep an itemized record of its expenses in abating the graffiti. It shall serve a copy of the statement of expenses to the owner advising said owner that he or she may, within ten days after the date of said notice concerning the cost of the abatement, file a request for a hearing with the city manager protesting the cost of the abatement.

(c) If the owner fails to request a hearing regarding the cost, or if requested and a hearing on the cost is conducted and after such a cost hearing the city manager, or his/her designee, determines that all or a portion of the cost of abatement are appropriately chargeable to the abatement of the graffiti, then such amount, as determined appropriate by the city manager, or his/her designee, shall be due and payable by the owner within 30 days at which time such costs shall be assessed against the property pursuant to the Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. The unpaid amount shall also be a personal obligation of the property owner and may be collected in any manner provided by law.

(Ord. 600B §1(part), 1993)