Chapter 4 — GRAFFITI PREVENTION, PROHIBITION AND REMOVAL

Note: Prior ordinance history: Ords. 258, 305, 441, 492U and 614.

• (a) Findings . The City Council finds and declares as follows:

  • (1) Graffiti on public or private property is a condition of blight that not only depreciates the value of property which has been the target of such vandalism, but also depreciates the value of the adjacent and surrounding properties so as to create a negative impact upon the entire community.

  • (2) Graffiti has also been found to be associated with criminal activity and delinquency. It is also a means of identification and intimidation utilized by gangs and its presence may further gang-related activities. The power of graffiti to create fear within the community and blight upon the landscape, devaluing property and detracting from a sense of community enjoyed by the residents of the City goes beyond the cost of clean-up or removal. Not only is graffiti a criminal act of vandalism, but it is also a social crime upon the quality of life and freedom from intimidation that residents desire in their neighborhoods.

  • (3) Acts of graffiti are most often committed by persons under the age of 18 years using aerosol containers of spray paint or felt-tip markers, or both. These implements of graffiti are frequently stolen from retail stores by minors, and, as such, retail stores that display or sell these implements should be required to take reasonable steps to prevent their theft.

  • (4) California Government Code Section 53069.3 authorizes the City, under certain circumstances, to provide for the removal of graffiti and other inscribed materials from private as well as public property. Unless the City causes graffiti to be removed from public and private property, it tends to remain. Other properties then become the target of graffiti with the result that the entire neighborhood is affected and becomes a less desirable place in which to be.

  • (5) In the past, the City has appropriated funds for the removal of graffiti from privately owned real or personal property located within the City. While this public service benefits the entire community, it provides no incentive to private property owners to deal directly with the problem and to formulate their own ideas, solutions, and mitigation measures to avoid being victimized time and time again. The perpetual provision of free graffiti removal services is not an effective deterrent to the escalation of graffiti vandalism and is not a cost effective use of public funds.

  • (6) It is the purpose and intent of the City Council of this City, through the adoption of this chapter, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement. Such acts are destructive of the rights and values of private property owners as well as of the entire community. It is the further intent of the City Council, through the adoption of this chapter, to provide notice to all of those who disregard the property rights of others, that the City will strictly enforce the law and seek vigorous prosecution against those persons engaging in the defacement of public or private properties.

(Ord. 10-754, § 2)

For the purposes of this article, the following words shall have the meanings respectively ascribed to them in this section:

"Adhesive label" means any so called "bumper sticker," sheet of paper, fabric, or plastic, or other substance with an adhesive backing.

"Aerosol paint container" means any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint, undercoating, spray insulation, or other substance capable of defacing property.

"City agents" means City employees, representatives, or contract agents.

"Enforcement officer" means any City official authorized to enforce the provisions of this article, including, but not limited to, the City's Police Department, Code Enforcement Department, and Public Works Department, as well as any contract agent authorized by the City to abate graffiti nuisances described in this article.

"Felt-tip marker" means any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-eighth (1/8) of an inch and which contains an ink or other pigmented liquid.

"Graffit" i means any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, painted or engraved on or otherwise glued, posted, or affixed to or on any surface of any public or private real or personal property within the City to the extent that the same was not authorized in advance by the owner or occupant thereof.

"Graffiti implement" means an aerosol paint container, a felt tip marker, gum label, paint stick, graffiti stick, etching tool capable of scarring glass, metal, concrete, wood, or any other surface, or adhesive label. "Graffiti implement" shall also include any other device capable of being used to leave a visible mark at least one-eighth (1/8) of an inch in width upon any surface of any material.

"Minor" means any person under the age of 18 years.

"Paint stick or graffiti stick" means a device containing a solid form of paint, chalk, wax, epoxy, or similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth (1/8) of an inch in width.

"Responsible party" means any person who owns, possesses, occupies, or otherwise has responsibility for the repair or maintenance of personal or real property on which there exists graffiti. Responsible party shall also include any minor (or parent or guardian of a minor) or other person who causes or permits the application of graffiti or other inscribed material. Responsible party shall also include the City, with the scope and meaning of Subsection (k)(5) of Penal Code Section 1202.4 when the graffiti occurs on the City's property or when the graffiti occurs on public or private property that is not owned by the City, and the City, after notice to the property owner, undertakes to clean up the graffiti on private property.

"Retrofitting" means and includes, without limitation, the restoration, modification, or alteration of a structure with new or modified parts, devices, systems, or equipment to remove graffiti, to prevent or inhibit the recurrence of graffiti, or to return the structure to an acceptable, usable, unblemished, unblighted, or original state or condition in compliance with all applicable laws.

"Structure" means any structure as defined in the City's building code, and shall include, but not be limited to, buildings, walls, fences, sidewalks, curbs, poles, signs, and cargo/shipping containers.

"Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails.

(Ord. 10-754, § 2)

• (a) Display Requirements. It shall be unlawful and a misdemeanor for any person or business engaged in a commercial enterprise to display for sale, trade, loan, or exchange any graffiti implement except in an area from which the public shall be securely precluded from entering without employee assistance. Two such acceptable methods for displaying graffiti implements for sale shall be by containment in (1) a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or structure, and which shall, at all times except during access by authorized representatives, remain securely locked; or (2) in an enclosed area behind a sales or service counter from which the public is precluded from entry. Nothing herein shall relieve such person or business entity from, at all times, complying with the requirements of the California Penal Code Section 594.1(c) by posting signs as described therein.

• (b) Display Signage . Any person or business engaged in the retail sale of etching cream or aerosol container of paint must display at a conspicuous location a legible sign measuring not less than 12 inches by 12 inches with letters at least 1/2 inch in height which states:

"It is unlawful for any person to sell or give to any individual under the age of eighteen years, any etching cream or aerosol container of paint that is capable of defacing property, except as provided in Section 594.1 of the California Penal Code. Any person who maliciously defaces real or personal property is guilty of vandalism which is punishable by a fine, imprisonment, or both."

• (c) Storage Requirements . It shall be unlawful and a misdemeanor for any person or business engaged in the commercial enterprise of selling, providing, loaning, trading, or exchanging graffiti implements to store any graffiti implement except in either (1) a completely enclosed room which shall, at all times except during access or actual occupancy by the owner or authorized adult representative of the owner, remain securely locked; or (2) in a completely enclosed cabinet or other storage device which shall be permanently affixed to a building, and which shall at all times except during access by the owner or an authorized adult representative of the owner, remain securely locked. For purpose of this section, an owner or authorized representative of the owner shall be deemed to actually occupy a room even during brief periods of absence if the room is contained within a larger building which is occupied by the owner.

• (d) Civil Responsibility for Wrongful Display or Storage. Any person or business who displays or stores or permits the display or storage of any graffiti implement in violation of the provisions of this section shall be personally liable for any and all costs, including attorneys' fees and court costs, incurred by any party in connection with the removal of graffiti, the repair of any property containing graffiti, or such party's prosecution of a civil claim for reimbursement or damages resulting from such graffiti removal or property repair, arising from the use by any person of such wrongfully displayed or stored graffiti implement in violation of this section or of any provision of the California Penal Code. (Ord. 10-754, § 2)

Pursuant to California Government Code Section 38771, the City Council hereby declares the following conditions to constitute a public nuisance:

• (a) Graffiti visible from real property (whether privately or publicly owned), public street, sidewalk, alley, or other public right-of-way or other area open to the public;

• (b) The existence of any surface of a structure, tree, shrub, sidewalk, curb, or vehicle on any privately owned parcel of land which has been defaced with graffiti after removal more than five times in 12 months (hereinafter, "graffiti attracting surface").

• (Ord. 10-754, § 2)

• (a) Notwithstanding any other provision of this Code, it shall be unlawful and a misdemeanor for any person to cause, place, affix, spray, apply, etch, engrave, scratch, draw, paint graffiti that is visible from any real property (whether privately or publicly owned), public street, sidewalk, alley, or other public right-of-way or other area open to the public, including on any structure, building, improvement, tree, shrub, or vehicle. It shall also be unlawful and a misdemeanor for any person to aid or abet in the unlawful actions enumerated in this subsection.

• (b) Notwithstanding any other provision of this Code, it shall be unlawful and a misdemeanor for any person to allow graffiti to remain or otherwise maintain graffiti, that is, to suffer, allow, or otherwise permit graffiti that is visible on any real property (whether privately or publicly owned), public street, sidewalk, alley, or other public right-of-way or other area open to the public, including on any structure, building, improvement, tree, shrub, or vehicle that is owned, possessed, or within the custody or control of such person, or is located on real property owned, possession, or within the custody or control of such person.

• (c) Each day that graffiti is caused or maintained constitutes a new and separate offense, and is also subject to the penalties set forth in Chapters 2, 4, and 7 of Title 1 of this Code.

• (d) Enforcement of this section shall be stayed pending a final order upon appeal of a notice of abatement. Notwithstanding the foregoing, administrative citations issued pursuant to Chapter 7 of Title 1 of this Code shall be subject to the provisions of that chapter.

• (Ord. 10-754, § 2; Ord. 24-951, 2/12/2024)

• (a) The City Council authorizes the appropriation and use of public funds for abatement of the public nuisance conditions listed in Section 5-4.04 of this Code, that is, either the removal of the graffiti or other inscribed material from publicly or privately owned real or personal property located within the City, or if the graffiti cannot be removed cost effectively, the repair or replacement of the portion of the property that was defaced, or to otherwise abate graffiti attracting surfaces, and the Director of Public Works, or designee, is authorized to immediately abate the nuisance pursuant to the following conditions:

  • (1) In abating the public nuisance from public property owned or leased by the City, the painting, repair, and/or replacement of an area more extensive than where the graffiti is located shall not be authorized, except where the Director of Public Works, or designee, determines that a more extensive area must be repainted, repaired, and/or replaced.

  • (2) Where the structure or surface is owned by a public entity other than the City, the removal of graffiti by City agents may be performed only after securing the consent of the public entity having jurisdiction over the structure or surface and only after such entity executes an appropriate release and right of entry form permitting such graffiti removal. Upon satisfaction of the requirements of this subsection, the City shall become responsible for the clean up within the meaning of Subsection (k)(5) of Penal Code Section 1202.4. In abating the public nuisance from a structure or property owned by another public entity, the painting, repair, and/or replacement of an area more extensive than where the graffiti is located shall not be authorized, except where (i) the Director of Public Works, or designee, determines that a more extensive area must be repainted, repaired, and/or replaced in order to avoid aesthetic disfigurement to the neighborhood or community; or (ii) the other public entity agrees in writing to pay for the costs of repainting, repairing, and/or replacing a more extensive area.

  • (3) Where the structure or surface is privately owned, the removal of graffiti by City agents may be performed only after securing the consent of the owner or possessor and only after the owner or possessor executes an appropriate written release and right of entry form permitting such graffiti removal. Upon satisfaction of the requirements of this subsection, the City shall become responsible for the clean up within the meaning of subsection (k)(5) of Penal Code Section 1202.4. In abating the public nuisance from a structure or property owned by a private party, the painting, repair, and/or replacement of an area more extensive than where the graffiti is located shall not be authorized, except where (i) the Director of Public Works, or designee, determines that a more extensive area must be repainted, repaired, and/or replaced in order to avoid aesthetic disfigurement to the neighborhood or community; or (ii) a responsible party agrees in writing to pay for the costs of repainting, repairing, and/or replacing a more extensive area.

• (b) As an alternative to the procedure provided in the first sentence of Subsection (a)(3) of this section, enforcement officer(s) shall have the authority to cause the abatement and removal thereof in accordance with the procedure set forth in Section 5-4.07.

• (Ord. 10-754, § 2)

If the consent of the private property owner or possessor of the property cannot be obtained, a public nuisance condition listed in Section 5-4.04 of this Code which is located on privately owned real or personal property within the City may be abated by the City at the owner's expense as a public nuisance pursuant to the following provisions:

• (a) Notice of Abatement . The enforcement officer shall issue a "notice of graffiti nuisance and intent to abate by City agents" (hereinafter, "notice of abatement") to the owner and/or person in possession of the property on which the nuisance exists, or to any other party responsible for the nuisance, requiring the abatement of the nuisance within 72 hours of the date of service of the notice of abatement, or within some other longer reasonable time period in connection with a graffiti attracting surface.

• (b) Contents of Notice of Abatement . A notice of abatement issued pursuant to this section shall contain the following provisions:

  • (1) The address of the real property on which the nuisance condition exists.

  • (2) A brief description of the nuisance condition(s).

  • (3) A reference to the law prohibiting or pertaining to the nuisance condition.

  • (4) A brief description of the required corrective actions.

  • (5) A time period and/or schedule in which to complete the nuisance abatement actions (with all required City approvals, permits and inspections, when applicable) pursuant to the time limits proscribed in Subsection (a) of this section.

  • (6) The period and manner in which a responsible party may contest the notice of abatement pursuant to this section of this Code. No such right shall exist when the City is not seeking to establish the right to abate a public nuisance with City agents.

  • (7) A statement that if the violations are not abated within the time specified or a timely appeal is not made, such nuisance may be abated by City agents, in the manner stated in this notice and that all costs of the abatement shall be assessed against the responsible party(ies) and/or the subject property, as a lien or as a special assessment, at the City's election, in accordance with the nuisance abatement provisions of Sections 5-1.19 through 5-1.22, 5-4.07 through 5-4.08, or any applicable combination thereof. Upon satisfaction of the requirements of this subsection, the City shall become responsible for the clean up within the meaning of Penal Code Section 1202.4(k).

• (c) Service of Notice of Abatement. A notice of abatement issued pursuant to this section shall be served (1) by personal service on the owner, occupant or person in charge or control of the property; (2) by posting at a conspicuous place on the property or abutting public rightof-way; or (3) by sending a copy of the notice by United States mail addressed to the owner or person in charge or control of the property, at the person's mailing address according to the last equalized assessment roll of the Los Angeles County Assessor's Office, or if the owner's address is unknown, then in care of the property address. Service by mail shall be complete at the time of deposit with the U.S. Postal Service, and such service shall be made on the day the notice is dated and by affidavit, the original of which shall be filed with the City Clerk. Failure of any responsible party to receive a notice of abatement properly addressed pursuant to this subdivision and mailed shall not invalidate any action or proceeding pursuant to this chapter.

• (d) Deadline for Owner to Abate. The owner shall within 72 hours of the date of service of the notice of abatement, or within a longer time period if specified in the notice of abatement, remove the graffiti or be subject to abatement of the graffiti by the City and assessment of the costs of such abatement as a lien or special assessment against the subject property in accordance with the nuisance abatement provisions of Sections 5-1.19 through 5-1.22, and

5-4.07 through 5-4.08 of this Code, or any applicable combination thereof. The enforcement officer may extend the period of time in which to abate graffiti upon a showing of good cause.

• (e) Method of Abatement . When graffiti is being abated by the repainting of the surface on which the graffiti exists, the responsible party shall use paint that matches the color of the remaining portions of the real or personal property being painted or as otherwise approved by the Director of Community Development, or designee. As it relates to a graffiti attracting surface, a notice of abatement may require, but shall not be limited to, any of the following modifications (or combinations thereof) as methods of abatement the costs of which are to be borne by the responsible party(ies):

  • (1) Retrofitting of the graffiti attracting surface;

  • (2) Application or use of anti-graffiti materials, or both, to the graffiti attracting surface such as antietching films or anti-graffiti paints;

  • (3) Installation of landscaping so as to screen or to provide a barrier to the graffiti attracting surface; and,

• (4) Installation of additional lighting.

Each of the modifications listed in the notice of abatement shall use materials, methods, or designs approved in advance by the Director of Community Development, or designee.

• (f) Appeal of Notice of Abatement.

  • (1) Right of Appeal From a Notice of Abatement.

    • (i) A responsible party may contest a notice of abatement by filing a written request for an appeal with the City Clerk within three business days of service of the notice of abatement. A written request for an appeal shall contain the following information:

      • (A) Name, address, and telephone number of each responsible party who is appealing the notice of abatement (hereinafter, "appellant").

      • (B) Address and description of real property upon which the City intends to enter and abate a public nuisance.

      • (C) Date of notice of abatement being appealed.

      • (D) Specific action or decision being appealed.

      • (E) Grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy.

      • (F) The signature of at least one appellant.

    • (ii) Failure of the City Clerk to receive a timely appeal constitutes a waiver of the right to contest a notice of abatement. In this event, the notice of abatement is final and binding.

    • (iii) The provisions of this section only apply to instances where the City has elected to establish the right, but not the obligation, to abate public nuisances with City agents. In no event does this chapter limit the right of City officials to issue alternative written or oral notices of Code violations to responsible persons (as the term "responsible persons" is defined in Section 1-7.03 of this Code), or to cause the abatement of public nuisances in a different manner, including without limitation, by court orders arising from the City's exercise of its criminal or civil remedies. In such instances, a responsible person shall receive a right to hearing and other due process rights in court.

• (2) Appeal Hearing.

  • (i) Any responsible party who contests a notice of abatement shall, subject to filing a timely appeal, obtain review thereof before a hearing officer appointed by the City Manager. The City Clerk shall schedule the administrative appeal no later than 30 days, and no sooner than seven calendar days, after receipt of a timely filed request for appeal. The appellants listed on the written request for an appeal shall be notified in writing at least five days prior to the date of the hearing by first class mail of the date, time, and location of the hearing. The time in which to abate the nuisance pursuant to the notice of abatement is stayed pending the outcome of the hearing.

  • (ii) At the place and time set forth in the notification of appeal hearing, the hearing officer shall hear the testimony of the appellant(s), the issuing enforcement officer, and/or their witnesses, as well as any documentary evidence presented by these persons concerning the alleged public nuisance(s).

  • (iii) Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The City bears the burden of proof to establish a nuisance exists by a preponderance of evidence. The notice of abatement and any additional reports submitted by the enforcement officer(s) shall constitute prima facie evidence of the facts contained in those documents and such enforcement officer(s) are not required to participate in the appeal hearing. The appellant, and City, as well as all other interested persons, shall have the opportunity to present evidence and to cross-examine witnesses. The appellant, or other interested persons, may represent themselves or be represented by anyone of their choice. The appellant, or other interested persons, may bring a language interpreter to the hearing at their sole expense.

  • (iv) If the appellant(s) fail to attend the scheduled hearing, the hearing will proceed without the appellant(s), and the appellant(s) will be deemed to have waived the right to a hearing.

• (3) Notice of Decision; Order of Abatement.

  • (i) Within a reasonable time, not to exceed 10 calendar days following conclusion of the hearing, the hearing officer shall make any one or more of the following determinations in a written decision (hereinafter, "order of abatement"):

    • (A) A finding and description of each nuisance condition at the subject property, or the non-existence thereof. In the event of a finding of nonexistence of all nuisance conditions contained in the notice of abatement, the hearing officer shall cancel the notice of abatement.

    • (B) The name of each person responsible for a nuisance condition, or conditions, at the subject property, as well as the name of any appellant who lacks responsibility therefor.

    • (C) The required corrective action and completion date for each unabated nuisance condition.

    • (D) Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal.

  • (ii) The decision of the hearing officer is final and conclusive. The order of abatement shall also contain the following statement: "The hearing officer's decision is final, and judicial review of this decision is subject to the time limits set forth in California Code of Civil Procedure Sections 1094.5 et seq."

• (iii) A copy of the order of abatement shall be served on all appellants by first class mail to the address(es) stated on the appeal form. In the event that a responsible party was originally served with a notice of abatement but was not an appellant, such responsible party shall also be served by first class mail to the address at which the notice of abatement was served (or, if the City has been provided a subsequent change of address for the responsible party, at the responsible party's current address). Failure of an appellant or a responsible party (or both) to receive a properly addressed and mailed order of abatement shall not invalidate any action or proceeding by the City pursuant to this article.

  • (iv) The failure of any appellant to comply with an order of abatement by completing each of the requisite corrective actions in the manner and time set forth in the order of abatement constitutes a misdemeanor offense punishable in accordance with Title 1, Chapter 2 of this Code.

• (g) Abatement by City Agents. If no appeal is filed, or if the appeal is denied following a hearing, and if the owner fails to remove or fails to cause the graffiti to be removed by the designated date, or such continued date thereafter as the enforcement officer approves, then the Director of Public Works shall cause the graffiti to be abated by City agents, and the City agents may enter upon the premises for such purposes after obtaining a warrant authorizing the entry upon the property for abatement of the graffiti.

• (Ord. 10-754, § 2)

The costs of abatement shall be determined pursuant to Section 5-1.19 of this Code; provided, however, in the event that the cost of abatement is being assessed against a graffiti perpetrator, the calculation of the costs of abatement of graffiti shall also include the related administrative costs as provided in Section 5-4.09. The costs of abatement shall constitute a personal obligation against the responsible parties, and may be assessed in any, or a combination, of the following manners:

• (a) Special assessment or nuisance abatement lien in accordance with the provisions of Sections 5-1.20 through 5-1.21 of this Code;

• (b) Graffiti abatement lien or special assessment against any parcel of land owned by a minor (or a parent or legal guardian of any minor) or other person creating, causing, or

  • committing a graffiti nuisance, as authorized by Section 38772 of the California Government Code and in accordance with Section 5-4.09 of this Code;

• (c) Any other manner provided in the City's graffiti removal program (in instances where the owner or tenant of a property where a graffiti nuisance exists consents to the removal of the nuisance by City agents); and,

• (d) Any other manner provided or authorized by law.

• (Ord. 10-754, § 2)

• (a) The cost of abatement of graffiti, as well as related administrative costs, shall become a lien against any property owned by any minor or other person creating, causing, or committing the nuisance and shall be a personal obligation of such minor or other person as set forth in Government Code Section 38772. The parent or guardian having custody and control of such minor shall be jointly and severally liable with the minor and the expense of abatement of such graffiti shall be a personal obligation and become a lien or an assessment on the property of such parent or guardian.

• (b) For purposes of this section, the term "related administrative costs" includes, but is not limited to, court costs, attorneys' fees, and the law enforcement costs incurred by the City in identifying and apprehending the minor or other person who created, caused, or committed the graffiti or other inscribed material on property of another within the City.

• (c) Graffiti Nuisance Abatement Lien.

  • (1) The City may collect the costs of abatement of graffiti, as well as related administrative costs, by a graffiti nuisance abatement lien upon the parcel of land owned by the minor or other person who applied graffiti to the property, or upon the parcel of land owned by the parent or guardian having custody and control of the minor.

  • (2) If the total costs of abatement of the graffiti and related administrative costs, as determined by the City Council pursuant to Section 5-1.19, are not paid to the City in full within 10 days after the date of the notice from the City, the City Clerk may record, in the County Recorder's Office in the County in which the parcel of land is located, a graffiti nuisance abatement lien, which, from the date of recording, shall have the force, effect, and priority of a judgment lien.

  • (3) Prior to the recordation of the lien, notice of the lien shall be personally served upon the person owning the lot or parcel of land upon which the lien is sought, whether such person may be the minor, other person, or parent or guardian of the minor, in accordance with California Government Code Section 38773.2. The date upon which service is made shall be entered on or affixed to the face of the copy of the notice at the time of service. However, service of such notice without such date shall be valid and effective.

  • (4) The graffiti nuisance abatement lien shall specify the amount of the lien, that the lien is imposed on behalf of the City, the street address, legal description, and assessor's parcel number of the parcel upon which the lien is imposed, and the name and address of the recorded owner of the parcel.

  • (5) The lien will continue in full force and effect until the entire amount due is paid in full.

• (6) The graffiti nuisance abatement lien may be foreclosed by an action brought by the City. The City may recover from the parcel owner any costs incurred regarding the processing and recording of the lien and providing notice to the parcel owner as part of its foreclosure action to enforce the lien or as condition of releasing the lien upon payment.

  • (7) If the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge shall be recorded by the City. A graffiti nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.

• (d) Special Assessment.

  • (1) As an alternative to the procedure set forth in Subsection (b) of this section, the City may make the costs of abatement of graffiti, as well as related administrative costs, a special assessment against the parcel of land owned by the minor or other person or by the parent or guardian having custody and control of the minor, as provided in Government Code Section 38773.6.

  • (2) If the total costs of the abatement of the graffiti and related administrative costs, as determined by the City pursuant to Section 5-1.19, are not paid to the City in full within 10 days after the date of the notice from the City, the City may cause the total costs of abatement, including related administrative costs, to be charged to the owner of the subject lot or parcel on the next regular tax bill.

  • (3) The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws of the State applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement and related administrative costs relate has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement and related administrative costs shall not result in a lien against the real property but shall instead be transferred to the unsecured roll for collection.

  • (4) Notices or instruments relating to the abatement proceeding or special assessment may be recorded.

  • (5) Upon entry of a second or subsequent civil or criminal judgment within a two year period finding a minor or other person described in Paragraph (3) of Subdivision (d) of California Government Code Section 38772 is responsible for a condition that may be abated as a nuisance pursuant to Subsection (a) of this section, the court may order such minor or other person to pay treble the costs of the abatement.

• (Ord. 10-754, § 2)

In approving tentative or parcel maps, subdivision maps, conditional use permits, variances, or other discretionary land use entitlements, the City shall consider imposing conditions reasonably related to the control of graffiti or the mitigation of the impacts of graffiti, or both. Such conditions may include, without limitation, any or all of the following:

• (a) Installation and use of anti-graffiti materials (as approved by the Director of Community Development, or designee) on surfaces which are likely to be graffiti attracting surfaces;

• (b) Installation and use of landscaping to screen or provide a barrier to surfaces prone to graffiti or are likely to be a graffiti attracting surface;

• (c) Installation and use of additional lighting to areas that are likely to be graffiti attracting surfaces and areas adjacent thereto;

• (d) Applicant or owner shall immediately remove any graffiti at the property;

• (e) Right of access by City agents to remove graffiti from any surface that is open and accessible from City property, or any public right-of-way; and

• (f) Applicant or permittee to supply the City with sufficient matching paint and/or anti-graffiti material on demand for use in the abatement of graffiti by City agents.

• (Ord. 10-754, § 2)

• (a) Pursuant to California Government Code Section 53069.5, the City does hereby offer a reward in an amount to be established by resolution of the City Council, for information leading to the arrest and conviction of any person for a violation committed within the City of Artesia of California Penal Code Section 594 or 594.3 (by the use of graffiti), 640, 640.5, 640.6, or Section 5-4.03 of this chapter. In the event of multiple contributors of information, the reward amount shall be divided by the City in the manner it shall deem appropriate. For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction.

• (b) Claims for rewards under this section shall be filed, in writing, with the City Clerk. Each claim shall:

  • (1) Specifically identify the date, location, and kind of property damaged or destroyed,

  • (2) Identify by name the person who was convicted, and,

  • (3) Identify the court and the date upon which the conviction occurred.

• (c) No claim for a reward shall be allowed by the City Council unless the City investigates and verifies the accuracy of the claim and determines that the requirements of this section have been satisfied. The investigation must determine that the claimant's information was relevant and directly responsible for the arrest and conviction of the suspect.

• (d) Any person committing graffiti vandalism, and if that person is an unemancipated minor, then the parent or lawful guardian of the minor, shall be civilly liable for any reward paid pursuant to this section.

• (Ord. 10-754, § 2)

• (a) Pursuant to California Civil Code Section 1714.1(b), where graffiti is applied by an unemancipated minor, the parents or legal guardian of the minor shall be jointly and severally liable for payment of civil damages resulting from the misconduct of the minor in an amount not to exceed the amount specified in California Civil Code Section 1714.1(b) as it is adjusted periodically by the Judicial Council. The parent or legal guardian of the minor shall also be civilly liable for any reward paid pursuant to Section 5-4.11 of this chapter.

• (b) The City may also pursue enforcement against the parent or legal guardian of the minor who causes or permits the application of graffiti or other inscribed material, via an administrative citation and fine, as provided in Chapter 7 of Title 1 of this Code.

• (Ord. 10-754, § 2; Ord. 24-951, 2/12/2024)

• (a) Criminal Penalties. Any violation of this chapter shall constitute a misdemeanor offense and subject to the penalties set forth in Title 1, Chapter 2 of this Code.

• (b) Additional Penalties. Whenever deemed appropriate, it is the City's intent to petition a sentencing court to impose the following additional penalties or conditions of any grant or probation, diversion, deferred entry of judgment, or other court supervision (including upon a determination that a minor is to be a ward of the court as a result of committing an act of vandalism or graffiti) upon conviction:

  • (1) Suspension or delay in issuance of driver's license (pursuant to California Vehicle Code Section 13202.6);

  • (2) Community service and/or graffiti removal service (pursuant to California Penal Code Sections 640.6 and 1203 et seq., Welfare and Institutions Code Sections 728 and 729.8, and Vehicle Code Section 42001.7); and

  • (3) Payment of restitution for the expenses and costs of abatement pursuant to California Penal Code Section 1202.4, California Government Code Section 38772, or other State law.

• (c) Cumulative Remedies. The remedies provided in this chapter are in addition to other criminal, civil, or administrative remedies and penalties available under provisions of other applicable City ordinances, the laws of the State of California, or the laws of the United States.

• (Ord. 10-754, § 2; Ord. 24-951, 2/12/2024)