Article 4 — GRAFFITI

The City Council finds that the increase of graffiti on both public and private buildings, structures, and other places creates a condition of blight within the city that can result in the deterioration of property values, business opportunities, and enjoyment of life for persons using adjacent and surrounding properties. The City Council further finds that the presence of graffiti is inconsistent with the city's goals of maintaining property, preventing crime, and preserving aesthetic standards. Unless graffiti is quickly removed, it encourages the creation of additional graffiti on nearby buildings and structures.

(Ord. 931-C-S, passed 9-30-97)

The City Council declares graffiti is a public nuisance, subject to abatement as prescribed in this chapter.

(Ord. 931-C-S, passed 9-30-97)

(A) Notice of violation. A property owner shall not permit property that has been defaced with graffiti to remain so defaced for a period of 10 calendar days after Neighborhood Improvement Services has by first class mail served the property owner with notice of the existence of the graffiti nuisance. The notice of violation shall inform the property owner of his or her right to request a hearing.

(B) Notice of hearing. If a hearing is requested by the property owner, Neighborhood Improvement Services shall give the property owner not less than 48 hours notice of a hearing to be held by the hearing officer for the purpose of showing cause why the public nuisance should not be abated by the city. The notice shall contain:

(1) The street address and such other description as is required to identify the premises.

(2) A statement specifying the conditions that constitute the nuisance.

(3) An order to the property owner to appear before a hearing officer at a stated time, but in no event less than 48 hours after having mailed such notice, to show cause why the premises should

not be declared a public nuisance and abated in accordance with this chapter.

(4) A statement advising the property owner that he or she has the option of voluntarily abating the nuisance prior to the date set for the hearing. If the property owner chooses voluntary

abatement, such abatement must be completed prior to the hearing date. The property owner must advise Neighborhood Improvement Services in writing that he or she will abate the nuisance, and the date of completion. Neighborhood Improvement Services will inspect the premises on the completion date, and if the nuisance has been abated, the hearing will be taken off the calendar and administrative fee refunded. The property owner may request a continuance of the hearing pursuant to § 5-1.403 (F).

(C) Service of hearing notice. The hearing notice, and any amended or supplemental notice, shall be served upon the property owner in the same manner as a summons in a civil action.

(D) Hearings - generally. At the time set for hearing, the hearing officer shall proceed to hear testimony of investigators of Neighborhood Improvement Services, witnesses, the property owner, and any other competent person regarding the condition of the premises, and other relevant facts concerning the matter.

(E) Record or oral evidence at hearing. The proceedings at the hearing shall be recorded by a tape recorder. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense. Preparation of a record of the proceeding shall be governed by Cal. Civ. Proc. Code § 1094.6, as presently written or subsequently amended.

(F) Continuances. The hearing officer may, upon request of the property owner or upon request of the Coordinator of Neighborhood Improvement Services, grant continuances from time to time for good cause shown, or upon his or her own motion. However, continuances shall be disfavored due to the legislative finding that graffiti tends to encourage additional graffiti.

(G) Evidence rules. Cal. Gov't Code § 11513 (a)-(c), as presently written or subsequently amended, shall apply to hearings under Title 5 of the Antioch Municipal Code.

(H) Rights of parties.

(1) Each party may represent himself or herself or be represented by a person of his or her choice.

(2) If a party does not proficiently speak or understand the English language, he or she may provide an interpreter, at his or her own cost, to translate for the party. An interpreter shall not have any

involvement in the issues of the case prior to the hearing.

(I) Official notice. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact that may be judicially noticed by the courts of this state or that may appear in any of the official records of the city or any of its departments.

(J) Form and contents of decision; finality of decision.

(1) The decision of the hearing officer shall be in writing and shall contain findings of fact and a determination of the issues presented. The decision shall also require the property owner to

commence abatement of the nuisance not later than 10 days after the issuance of the decision, and that the abatement be completed within such time as specified by the hearing officer, or in the alternative, within the time designated by the Coordinator of Neighborhood Improvement Services. The decision shall inform the property owner that if the nuisance is not abated within the time specified, the nuisance may be abated by the city in such manner as may be ordered by the Coordinator of Neighborhood Improvement Services.

(2) The decision shall also inform the applicant that the time for judicial review is governed by Cal. Civ. Proc. Code § 1094.6. However, nothing herein shall extend the time period for complying

with the abatement order. Copies of the decision shall be delivered promptly to the parties personally or sent to them by certified mail. The decision shall be final when signed by the hearing officer and served as provided in this chapter.

(K) Service of the hearing officer decision. Upon issuance of the decision, the head of the Neighborhood Improvement Services shall post a copy of it conspicuously on the premises involved and shall serve a copy on the property owner by either personal service or by certified mail.

(Ord. 931-C-S, passed 9-30-97)

If a hearing has not been requested by the property owner, the city may enter upon the property for the purpose of removing the graffiti, in accordance with divisions (A) and (B) below:

(A) Prior to entering upon private property or property owned by a public entity other than the city for the purpose of removing graffiti, the city shall attempt to secure the consent of the property owner and a release of the city from liability for damage to the property.

(B) If a property owner fails to remove the offending graffiti within the specified 10-day period, or if the property owner has refused to give consent to the city for entry on terms acceptable to the city consistent with this chapter, the city may commence abatement of the graffiti nuisance and proceedings to recover the expense of abatement according to the procedures set forth in this chapter.

(Ord. 931-C-S, passed 9-30-97)

The recovery of the expenses of abatement against a property owner shall be according to the following procedures:

(A) Upon the city's removal of the public nuisance, the city may provide an accounting of the expense of abatement along with a demand for payment to the property owner.

(B) If the expense of abatement has not been paid within 30 days from the date of issuing an accounting and demand for payment, the unpaid amount shall constitute a lien pursuant to Cal. Gov't Code §§ 38773.5. Prior to recording a notice of lien, the hearing officer shall provide notice pursuant to Cal. Gov't Code § 38773.

(C) As an alternative to the lien described in division (B), above, the expense of abatement may, pursuant to Cal. Gov't Code § 38773.5, constitute a special assessment against a parcel of land owned by the property owner. The assessment shall be collected as provided for in Cal. Gov't Code § 38773.5.

(D) In addition to any other remedy provided in this chapter or available at law, the expense of abatement pursuant to Cal. Gov't Code §§ 38773, 38773.1 and 38773.5 shall constitute a personal obligation against the property owner.

(Ord. 931-C-S, passed 9-30-97)

(A) When a person has admitted or has been found guilty in a judicial proceeding of being the responsible party for placing graffiti upon any property, such person or, if a minor, the minor and the parent or guardian having custody and control of the minor are responsible for the expense of the abatement as defined in § 5-1.101.

(B) Notice of hearing. If a hearing is requested, Neighborhood Improvement Services shall give the person or, if a minor, the minor and the parent or guardian having custody and control of the minor not less than 48 hours notice of a hearing to be held by the hearing officer for the purpose of showing cause why the city should not recover the expense of abatement from the person placing the graffiti or, if a minor, from the parent or guardian having custody and control of the minor. The notice shall contain:

(1) The street address and such other description as is required to identify the premises.

(2) A statement specifying the conditions that constituted the graffiti nuisance.

(3) A statement specifying that the person created, caused, or committed the graffiti nuisance.

(4) An accounting of the expense of abating the nuisance.

(5) An order to the person or, if a minor, to the minor and the parent or guardian having custody and control of the minor to appear before a hearing officer at a stated time, but in no event less

than 48 hours after having mailed such notice, to show cause why the city should not recover the expense of abatement from the person or, if a minor, from the minor and the parent or guardian having custody and control of the minor.

(6) A statement advising the person or, if a minor, the minor and the parent or guardian having custody and control of the minor that they have the option of voluntarily paying the expense of

abatement prior to the date set for the hearing. If such persons choose to pay the expense prior to the date set for hearing, they must so advise the Coordinator of Neighborhood Improvement Services in writing of the date payment will be made. If the payment is made by that date, the hearing will be taken off the calendar. The responsible party may request a continuance of the hearing pursuant to Section 5-1.403(F).

(C) Service of hearing notice. The hearing notice, and any amended or supplemental notice, shall be served upon the person or, if a minor, upon the minor in the same manner as a summons in a civil action pursuant to Cal. Civ. Proc. Code § 416.60 and shall be served upon the parent or guardian having custody and control of the minor in the same manner as a summons in a civil action pursuant to Article 3 (commencing with Section 415) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure (Cal. Civ. Proc. Code § 415 et seq.).

(D) Hearings - generally. The hearing shall be conducted in the same manner as a hearing for a property owner pursuant to §5-1.403.

(E) Form and contents of decision; finality of decision.

(1) The decision of the hearing officer shall be in writing and shall contain findings of fact and a determination of the issues presented.

(2) The decision shall also inform the applicant that the time for judicial review is governed by the Cal. Civ. Proc. Code § 1094.6. Copies of the decision shall be delivered promptly to the parties

personally or sent to them by certified mail. However, nothing herein shall extend the time for performance. The decision shall be final when signed by the hearing officer and served as provided in this chapter.

(F) Service of the hearing officer decision. Upon issuance of the decision, Neighborhood Improvement Services shall serve a copy on the person or, if a minor, upon the minor and the parent or guardian having custody and control of the minor, in the same manner as set forth in § 5-1.403(K).

(Ord. 931-C-S, passed 9-30-97)

(A) If the hearing officer determines that the city should recover the expense of abatement from the person or, if a minor, from the minor and the parent or guardian having custody and control of the minor, the city may provide an accounting of the expense of abatement along with a demand for payment to the person or, if a minor, from the minor and the parent or guardian having custody and control of the minor.

(B) The parent or guardian having custody and control of the minor shall be jointly and severally liable with the minor for the expense of abatement pursuant to Cal. Gov't Code §§ 38772, 38773.2 and 38773.6.

(C) If the expense of abatement has not been paid within 30 days from the date of issuing an accounting and demand for payment, the unpaid amount shall constitute a lien pursuant to Cal. Gov't Code §§ 38772 and 38773.2 against the property of the minor and against the property of the parent or guardian having custody and control of the minor.

(D) As an alternative to the lien described in division (C), above, the expense of abatement may, pursuant to Cal. Gov't Code § 38773.6, constitute a special assessment against a parcel of land owned by the minor or by the parent or guardian having custody and control of the minor. The assessment shall be collected as provided for in Cal. Gov't Code § 38773.6.

(E) In addition to any other remedy provided in this chapter or available at law, the expense of abatement pursuant to Cal. Gov't Code § 38772 shall constitute a personal obligation against the minor and a personal obligation against the parent or guardian having custody and control of the minor.

(Ord. 931-C-S, passed 9-30-97)

(A) The procedures set forth in this chapter are not exclusive and nothing contained herein shall be deemed to preclude the pursuit of any available remedy, whether it is civil or criminal.

(B) The city may issue civil fines and penalties of up to $1,000 per day, pursuant to the procedures set forth in Cal. Civil Code § 2929.3. Appeals of administrative notices of nuisances and/or failure to maintain a foreclosed residential property and order to correct the violations will be heard by the Administrative Review Panel prior to imposing the civil fines referenced above, and notice of the hearing and procedure will be as set forth in Article 3 of Title 5 of the Code.

(Ord. 931-C-S, passed 9-30-97; Am. Ord. 2022-C-S, passed 2-10-09)