Berkeley Municipal Code Ch. 13.98 Graffiti on Property Prohibited

*See Chapter 1.24 for abatement of nuisances by City.

The purpose of this chapter is to promote the health, safety and general welfare of the community by creating an aesthetically pleasing environment in which graffiti is declared a nuisance which must be promptly abated by property owners and imposing penalties on vandals. (Ord. 6775-NS § 1, 2003)

Whenever any of the words hereinafter defined are used in this chapter, they shall be construed to mean the following:

A. "City" shall mean, for the purposes of this chapter, the City Manager or their designee.

B. "Graffiti" shall mean any inscription, word, figure, marking or design that is written, marked, etched, scratched, drawn or painted on any real property that was not authorized in advance by the owner of the real property.

C. "Owner" as used in this chapter, includes any person in possession of the affected property, and any person having or claiming to have, any legal or equitable interest in the property.

D. "Person" shall mean any individual, firm, partnership, corporation, association, or any other organization or entity, however formed.

E. "Property" shall mean all residential, industrial, or commercial real property, and other property, including but not limited to, fences, poles, signs, rocks, trees, paving, etc. (Ord. 6775-NS § 1, 2003)

It shall be a nuisance for any person to place graffiti upon any property located within the City of Berkeley. Any owner of property within the City of Berkeley shall remove any graffiti on their property within five days of notice of its placement on such property. Maintenance of property in violation of this section is a public nuisance. (Ord. 6847-NS § 1, 2005; Ord. 6775-NS § 1, 2003)

A. The remedies provided for under this section are in addition to any the City might have under Chapter 1.24 or applicable law.

B. Any owner violating or causing the violation of this chapter shall be guilty of a misdemeanor punishable as set forth in Chapter 1.20 of this code, but may be charged, in the discretion of the prosecutor, as an infraction unless the graffiti is caused by vandals and the owner makes a good faith effort to maintain the property free of graffiti and removes graffiti.

C. The City Attorney may bring an action under this section on behalf of the City to enjoin the nuisance or other relief, including an action for public sale of the property to pay any outstanding liens. In such an action, the City shall recover its costs of abatement, reasonable attorney’s fees and court costs in addition to civil penalties.

D. Any interested person may bring an action to abate the nuisance. In any such action the court shall award reasonable attorney’s fees and court costs to the prevailing plaintiff. (Ord. 6775-NS § 1, 2003)

The City may impose a graffiti nuisance abatement lien pursuant to state law against the property of the individual who defaces property with graffiti, or if the individual is a minor, a lien against the property of the parent or guardian, by following the procedures set forth under Chapter 1.24 as enhanced or modified by Government Code Section 38771, et seq. In accordance with state law, the City may make the expense of abatement a personal obligation against the individual, or if the individual is a minor, against their parent or guardian. If the individual is a minor, the parent or guardian shall be jointly and severally liable with the minor. (Ord. 6775-NS § 1, 2003)

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason declared unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or the effectiveness of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have adopted this chapter notwithstanding the unconstitutionality, invalidity, or ineffectiveness of any one or more of its sections, subsections, sentences, clauses, or phrases. (Ord. 6775-NS § 1, 2003)