Avenal Municipal Code Ch. 14 Graffiti Control (CA)

Sections:

5-14.01 Purpose.
5-14.02 Graffiti defined.
5-14.03 Graffiti prohibition.
5-14.04 Sale and possession of pressurized paint cans.
5-14.05 Removal of graffiti.
5-14.06 Violation. 5-14.01 Purpose. The purpose of this chapter is to provide a program for removal of graffiti from walls and structures on both public and private property and to provide regulations designed to prevent and control the further spread of graffiti in the City of Avenal. The increase of graffiti on both public and private buildings, structures and places is creating a condition of blight within the City which results in a deterioration of property and business values for adjacent and surrounding properties all to the detriment of the City. The City Council finds and determines that graffiti is obnoxious and a public nuisance which should be abated so as to avoid the detrimental impact of such graffiti on the City and to prevent the further spread of graffiti. (Ord. 91-11 (part), 1992) 5-14.02 Graffiti defined. For the purposes of this chapter "graffiti" shall mean the unauthorized spraying of paint or marking of ink, chalk, dye or similar substances on public or private buildings, structures and places. (Ord. 91-11 (part), 1992)

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 42 5-14.03 Graffiti prohibition. It is unlawful for any person to paint, chalk, or otherwise apply graffiti on public or privately owned permanent structures located on public or privately owned real property with the City. (Ord. 91-11 (part), 1992) 5-14.04 Sale and possession of pressurized paint cans. The following regulation shall apply to the sale and possession of pressurized paint cans in the City: (a) No person shall sell any pressurized can containing any substance commonly known as paint or dye to anyone under the age of eighteen (18) years and no person under the age of eighteen (18) years shall purchase any pressurized can containing paint or dye. (b) No person shall have in his or her possession any pressurized can containing any substance commonly known as paint or dye while in any public park, playground, swimming pool or recreational facility in the City. This section shall not apply to authorized employees of the City or an individual or authorized employee of any individual, agency or company under contract with the City. (Ord. 91-11 (part), 1992) 5-14.05 Removal of graffiti. Graffiti may be removed by application of any of the following methods: (a) Any person applying graffiti within the City shall have the duty to remove the same within twenty-four (24) 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 an additional violation of this chapter. Where the graffiti is applied by juveniles, the parent or parents shall be responsible for such removal or for the payment therefor. (b) Whenever the City Manager or his/her designated representative determines that graffiti is so located on public or privately owned structures on public or privately owned real property with this City so as to be capable of being viewed by person utilizing any public right-of-way in this City, the Police Chief, or his/her designated representative, is authorized, upon City Council approval, to provide for the removal of the graffiti solely at the City's expense, without reimbursement from the property owner upon whose property the graffiti has been applied, upon the following conditions: (1) In removing the graffiti the painting or repair of a more extensive area shall not be authorized. (2) Where a structure is owned by a public entity other than this City, the removal of the graffiti may be authorized only after securing the consent of the public entity having jurisdiction over the structure. (3) Where a structure is privately owned, the removal of the graffiti by City forces or by a private contractor under the direction of the City may be authorized only after securing the consent of the owner. (c) Graffiti located on privately owned structures on privately owned real property within the City so as to be capable of being viewed by a person utilizing any public right-of-way in this City may be removed by the City at the owner's expense as a public nuisance pursuant to the following provisions: (1) Whenever the City Manager or his/her designated representative is apprised of the presence of graffiti located on privately owned real property within the City, the City Manager or his/her designated representative may cause a written notice to be served

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 43 upon the owner of the affected premises as such owner's name and address appears on the last equalized assessment roll by depositing a copy of the notice in the U.S. Postal Service enclosed in a sealed envelope and with the postage thereon fully prepaid. The mail shall be registered or certified and addressed to the owner at the last known address of the owner, and if there is no known address, then in care of the property address. The service is complete at the time of such deposit. "Owner," as used herein, means any person in possession and also any person having or claiming to have any legal or equitable interest in the premises as described by a preliminary title search from any accredited title company. The failure of any person to receive such notice property shall not affect the validity of any proceeding hereunder. The property owner shall have seven (7) days after the date of the notice to remove the graffiti or be subject to City removal of the graffiti and assessment of the costs of such removal as a lien on the subject property. The notice shall be substantially in the following form: NOTICE OF INTENT TO REMOVE GRAFFITI Date: NOTICE IS HEREBY GIVEN that you are required at your expense to remove or paint over the graffiti located on the property commonly known as , Avenal, California, which is visible to public view, within seven (7) days after the date of this notice; or, if you fail to do so, then City employees or private City contractors will enter upon your property and abate the public nuisance by removal or painting over of the graffiti. The cost of abatement by the City employees or its private contractors will be assessed upon your property and such costs will constitute a lien upon the land until paid. All person having any objection to, or interest in said matters are hereby notified to submit any objections or comments to the City Manager for the City of Avenal or his/her designated representative within seven (7) days from the date of this notice. At the conclusion of this seven (7) day period the City may proceed with the abatement of the graffiti inscribed on your property at your expense without further notice. The service of this notice shall be made on the day the notice is dated and by affidavit filed with the City Clerk. (2) A like notice shall also be posted at a conspicuous place on the premises upon which the graffiti is inscribed. The posting of this notice shall be made on the day the notice is dated and affidavit filed with the City Clerk. (3) If the owner fails to remove or cause the graffiti to be removed by the designated date, or such continued date thereafter as the City Manager or his/her designated representative approves, the City Manager or his/her designated representative shall so notify the City Manager and the City Manager shall cause the graffiti to be abated by City forces or private contract, and the City or its private contractor is expressly authorized to enter upon the premises for such purpose. (4) Should the City be required to abate the graffiti as a public nuisance, it shall follow the procedures set forth in Title 6, Chapter 5 of the Municipal Code of the City of Avenal regarding costs of abatement and assessment of the costs of such regulations of Title 6, Chapter 5 of the Municipal Code shall apply with full force and effect to this chapter. However, the notice of lien for purposes of this chapter shall be in form substantially as follows: NOTICE OF LIEN

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 44 (Claim of City of Avenal) Pursuant to the authority vested by the provisions of Title 5, Chapter 14, Section 5-14.05 of the Avenal Municipal Code the City Manager of the City of Avenal did on or about the

day of , 19 cause the painting over or removal of graffiti at the premises hereinafter described in order to abate a public nuisance on said real property; and the City Council of the City of Avenal did on the ;#rule; day of____________, 19____________ assess the cost of such abatement upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Avenal does hereby claim a lien on such costs of abatement in the amount of said assessment, to wit: the sum of ____________ dollars; and the same shall be a lien upon said real property until the same has been paid in full and discharged of record. The real property herein before mentioned, and upon which a lien isclaimed, is that certain parcel of land lying and being in the City of Avenal, County of Kings, State of California and more particularly described as follows: [insert property description] DATED this ;#rule; day of , 19.

City Manager of the City of Avenal California (Ord. 91-11 (part), 1992) 5-14.06 Violation. Violation of any provision of this chapter shall be a misdemeanor. (Ord. 91-11 (part), 1992)