Agoura Hills Municipal Code Ch. 11 Graffiti Prevention and Removal

Footnotes:

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Editor's note— Ord. No. 233, § 1, adopted Sept. 8, 1993, amended Ch. 11, graffiti prevention and removal, to read as set out in §§ 41101—41120. Formerly, Ch. 11 contained §§ 41101—41115 and derived from Ord. No. 206, § 1, adopted Apr. 8, 1992.

This chapter of the Agoura Hills Municipal Code may be referred to as the "graffiti prevention and removal ordinance" of the City of Agoura Hills.

(Ord. No. 233, § 1, 9-8-93)

The city council of Agoura Hills hereby finds and declares that maintenance of graffiti on public and private properties within public view is obnoxious and constitutes a public nuisance, the abatement of which shall be provided as set forth herein.

(Ord. No. 233, § 1, 9-8-93)

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) Defacement shall mean the intentional altering of the physical shape or physical appearance of property.

(b) Graffiti shall mean any painting, marking, symbol, design, inscription or other defacement which is written, sprayed, painted, scratched, etched, engraved, placed with an indelible marker or otherwise applied to the real or personal property of another without the prior consent of the owner or person in possession thereof.

(c) Wide blade marker shall mean any marker, pen or similar implement which contains a fluid which is not soluble in water, or which cannot be removed with water after drying, and has a flat, pointed or angled writing surface of a width of four (4) millimeters or greater.

(d) Responsible adult is a parent or guardian of an individual under eighteen (18) years of age and includes an agent of the parent or guardian, provided said agent is over the age of eighteen (18).

(Ord. No. 233, § 1, 9-8-93)

The purpose of this chapter is to provide for the prompt abatement of graffiti from public and private properties in the city and to regulate the sale and possession of materials used in acts of graffiti by minors.

(Ord. No. 233, § 1, 9-8-93)

No person shall permit any graffiti which is within public view to remain on any building, structure, tree, shrub, sidewalk or curb owned or possessed by such person.

(Ord. No. 233, § 1, 9-8-93)

Whenever the city manager, or his or her designee, determines that graffiti is being maintained upon any premises within the city in violation of section 41105 of this chapter, the city manager, or his or her designee, shall send written notice of such condition to the owner or possessor of the premises and shall require that the graffiti be removed. The notice and order shall be sent to the owner as shown on the most recent equalized assessment roll, and a copy shall be posted on the subject property. The notice shall state that the owner must remove the graffiti or consent to its removal by the city within five (5) days from the date the notice was mailed.

(Ord. No. 233, § 1, 9-8-93; Ord. No. 07-347, § 2, 9-26-2007)

(a) Property owner's consent to remove. Whenever the city manager, or his or her designee, determines that graffiti is located on public or private property so that graffiti may be viewed by a person using any public right-of-way or other public property, the city manager, or his or her designee, is authorized to provide for and use public funds, if necessary, to remove graffiti upon the following conditions:

(1) Public property. Whenever the city manager or his or her designee determines that graffiti exists upon property owned by the City of Agoura Hills, it shall be removed as soon as possible. When the property is owned by a public entity other than the City of Agoura Hills, the removal of the graffiti is authorized after securing written consent of the public agency having jurisdiction over the property.

(2) Private property. Where the subject property is privately owned, the removal of graffiti is authorized after the city manager, or his or her designee secures the written consent of the owner of the property and the owner executes a release and waiver approved as to form by the city attorney.

(3) The graffiti shall be removed as authorized herein, but the removal shall not involve the painting or repair of a more extensive area than is necessary for such removal.

(b) Removal by city without consent of property owner. The city manager may initiate proceedings to abate any graffiti maintained contrary to the provisions of this chapter only after the following has occurred:

(1) The city manager has determined that graffiti within public view exists on particular premises in the city;

(2) A notice of such condition has been sent to the property owner pursuant to section 41106; and

(3) The property owner has failed to either remove the graffiti or consent to its removal by the city within the time period specified in the notice.

(Ord. No. 233, § 1, 9-8-93)

Prior to the city abating graffiti on private property without the consent of the owner, a hearing before the city manager or his or her designee shall be held, at which time the property owner shall be given the opportunity to be heard regarding the proposed abatement. A notice of the time and place of the hearing before the city manager or his or her designee shall be sent to the property owner not less than seven (7) days prior to the hearing.

(Ord. No. 233, § 1, 9-8-93; Ord. No. 07-347, § 2, 9-26-2007)

(a) The city manager shall cause to be served upon the owner as shown on the latest equalized tax assessment roll of the affected premises a copy of said notice.

(b) Said notice shall be served, as aforesaid, at least seven (7) days before the time fixed for such hearing; proof of posting and service of such notice shall be made by declaration under penalty of perjury filed with the hearing officer.

(c) The failure of any person to receive the notice shall not affect the validity of any proceedings under this chapter.

(Ord. No. 233, § 1, 9-8-93; Ord. No. 07-347, § 2, 9-26-2007)

The hearing to determine whether a nuisance exists shall be conducted by the city manager or his or her duly authorized representative as the hearing officer. At the hearing, the hearing officer shall receive and consider all relevant evidence. Any interested person shall be given a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the city manager shall determine whether a nuisance within the meaning of this chapter exists.

(Ord. No. 233, § 1, 9-8-93)

Within seven (7) days after the hearing, the city manager, or his or her designee, shall provide written notice of the decision to the owner and to any other person requesting the same. If a nuisance is determined to exist, the notice shall contain an order of abatement directed to the owner of the affected property or the person in control and/or charge of the property, and shall set forth the nature of the graffiti, its location on the premises and the time and manner for its abatement. The city manager may impose such conditions as are reasonably necessary to abate the graffiti. The decision of the city manager may be appealed to the city council by the filing of a written request for appeal with the city clerk within seven (7) days after the city manager's notice of the decision to the owner. The city council, on such appeal, may affirm, reverse, or modify the decision of the city manager. In affirming or modifying the decision of the city manager, the city council may impose such conditions as it deems reasonably necessary to abate the graffiti.

(Ord. No. 233, § 1, 9-8-93; Ord. No. 07-347, § 2, 9-26-2007)

If the city manager's decision is not appealed, or such decision is appealed but affirmed or modified by the city council, and the nuisance is not abated within the time set by the order of abatement, the city manager is authorized to enter upon the premises and to abate the graffiti nuisance through utilization of labor, equipment and materials as directed by the city manager. The graffiti shall be removed as authorized herein, but the removal shall not involve the painting or repair of a more extensive area than is necessary for such removal. The city manager shall then prepare a statement of the fact of such abatement and of the expense incurred in abatement and shall file the statement with the city clerk. Such statement shall identify the premises and state the cost of the action taken. If the premises include more than one (1) lot, each separate lot, or all of the lots may be set forth in the same statement.

(Ord. No. 233, § 1, 9-8-93)

Upon completion of the work required to abate the graffiti, the cost to the city to perform such work shall be assessed against the property owner pursuant to the procedures set forth in the building code of the City of Agoura Hills.

(Ord. No. 233, § 1, 9-8-93)

Pursuant to Section 1714.1(b) of the California Civil Code, every parent or legal guardian having custody or control of a minor who defaces property by inscribing graffiti thereon shall be jointly and severally liable with such minor for any resulting damages incurred by the property owner, or any other person, in an amount not to exceed ten thousand dollars ($10,000) for each such act of defacement and for all attorneys' fees and court costs incurred in connection with the civil prosecution for damages.

(Ord. No. 233, § 1, 9-8-93)

It is unlawful for any person to sell, exchange, give, or loan, or cause or permit to be sold, exchanged, given or loaned, any aerosol spray can containing any substance capable of defacing property, commonly known as paint, or any wide blade marker capable of defacing property to any person under the age of eighteen (18) years in the City of Agoura Hills. This section shall not apply to the furnishing of six (6) ounces or less of an aerosol container of paint or a wide blade marker to a minor for the minor's use or possession under the supervision of the minor's parent, guardian, instructor or employer.

(Ord. No. 233, § 1, 9-8-93)

It is unlawful for any person doing business in the City of Agoura Hills to display any aerosol spray can containing any substance capable of defacing property, commonly known as paint, or any wide blade marker capable of defacing property, for sale from any self-service or self-help shelf, counter or other dispenser that is not secured in such manner as to prevent the removal of any such aerosol spray can or wide blade marker without the assistance of business personnel.

(Ord. No. 233, § 1, 9-8-93)

Any person doing business in the City of Agoura Hills displaying, selling or otherwise providing any of the substances referred to in section 41116 shall prominently display at the location of sale and/or delivery a sign(s) clearly visible to employees and customers which states in writing, "It is unlawful for any person to sell, lend, or give to any individual under the age of eighteen (18) years, aerosol spray paint cans or wide blade markers."

(Ord. No. 233, § 1, 9-8-93)

• Possession of aerosol paint spray can and/or wide blade marker by minors prohibited.

It is unlawful for any person under the age of eighteen (18) years to have in his or her possession any aerosol spray can containing any substance capable of defacing property, commonly known as paint, or wide blade marker, while upon any public highway, street, alleyway, park, playground, building, vacant property or other public place, whether such minor is or is not in any automobile, vehicle of other conveyance.

(Ord. No. 233, § 1, 9-8-93)

The City of Agoura Hills may pay to any person who provides information which leads to arrest and conviction of any person who applies graffiti to any public or private property in the city visible to the public a reward as established by city council resolution. The amount of any reward paid pursuant to this section may be sought from the person arrested and convicted, or such person's parent or other legal guardian, as restitution in addition to any other restitution associated with the removal of graffiti.

(Ord. No. 233, § 1, 9-8-93)

The remedies provided in this chapter are in addition to other remedies and penalties available under the Agoura Hills Municipal Code and the laws of the State of California.

(Ord. No. 233, § 1, 9-8-93)