Beverly Hills Municipal Code Ch. 9 Graffiti Prevention, Prohibition and Removal

The purpose of this chapter is to provide a program for the removal of graffiti from walls, structures and other permanent surfaces located on both public and private property and to provide regulations designed to prevent and control the further spread of graffiti in the city of Beverly Hills. (Ord. 06-O-2510, eff. 12-22-2006)

ADHESIVE LABEL: Any so called "bumper sticker", sheet of paper, fabric, or plastic, or other substance with an adhesive backing.

AEROSOL PAINT CONTAINER: 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.

FELT TIP MARKER: 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.

GRAFFITI: Any inscription, word, figure, picture, painting, design or other defacement that is written, marked, etched, scratched, sprayed, drawn, or painted, engraved, pasted, or otherwise affixed to or on any wall, structure or other permanent surface of any public or private real or personal property within the city of Beverly Hills to the extent the same was not authorized in advance by the owner or occupant thereof.

GRAFFITI IMPLEMENT: An aerosol paint container, a felt tip marker, gum label, paint stick, etching tool capable of scarring glass, metal, concrete, wood, or other surface, adhesive label, or 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.

PAINT STICK OR GRAFFITI STICK: 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.

STRUCTURES: Any structure as defined in the city's building code, and shall include, but not be limited to, buildings, walls, fences, poles, signs, and cargo/shipping containers. (Ord. 06-O-2510, eff. 12-22-2006)

A. It shall be unlawful and a misdemeanor for any person to apply graffiti to any building, structure, tree, shrub, curb, or vehicle located within the city. It shall also be unlawful and a misdemeanor for any person to apply or affix any adhesive label to any building, structure, tree, shrub, curb, or vehicle not owned or lawfully possessed by such person, or without advance authorization by the owner thereof.

B. It is unlawful for the owner of any private property to permit graffiti to remain so as to be capable of being visible from any adjacent property (private or public), street, sidewalk, alley, or other public right of way or other area open to the public. (Ord. 06-O-2510, eff. 12-22-2006)

A. It shall be unlawful and a misdemeanor for any person under the age of eighteen (18) years ("minor") to possess any graffiti implement while upon private property without the prior written consent of the owner of such property.

B. This section shall not apply to any minor attending, or traveling to or from, school at which time the minor is enrolled, if the minor is participating in a class at said school which has a written requirement of the class for the possession of the graffiti implements or if the minor's employment requires possession of any graffiti implement, provided the minor has written verification of any such job requirement and written consent from the employer which is dated and signed. The burden of proof in any prosecution for a violation of this section shall be upon the minor student to establish enrollment in a class or employment requires the possession of the graffiti implements. (Ord. 06-O-2510, eff. 12-22-2006)

It shall be unlawful and a misdemeanor for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any person under the age of eighteen (18) years without the consent of the parent or other lawfully designated guardian, which consent shall be given in advance in writing. (Ord. 06-O-2510, eff. 12-22-2006)

It shall be unlawful and a misdemeanor for any person to have in his or her possession any graffiti implement while in or upon any city owned buildings, grounds, park or other city facility or while in or within ten feet (10') of an underpass, bridge, abutment, storm drain, or similar types of infrastructure not normally used by the public, unless otherwise authorized by the city. (Ord. 06-O-2510, eff. 12-22-2006)

Pursuant to California Government Code section 38771, the city council hereby declares the maintenance of graffiti visible from any adjacent property (private or public), street, sidewalk, alley, or other public right of way or other area open to the public to constitute a nuisance, the abatement of which shall be provided as set forth in this chapter. (Ord. 06-O-2510, eff. 12-22-2006)

A. Any person applying graffiti within the city shall remove the same within twenty four (24) hours after notice to said person by the city or by the public or private owner of the property involved. Failure of any person to remove graffiti shall constitute an additional violation of this chapter. Where graffiti is applied by an unemancipated minor, the parent(s) or legal guardian(s) shall also be responsible for such removal or for the payment therefor.

B. It is unlawful for any person who is the owner, or who has primary responsibility for control, repair or maintenance of private property, to permit the property to be defaced with graffiti for a period in excess of three (3) days after service of notice by the city regarding the defacement of the property with graffiti.

C. For purposes of this chapter, the removal or abatement of graffiti shall include the repair or replacement of the portion of the property defaced by graffiti, in the event that the graffiti cannot be removed cost effectively. (Ord. 06-O-2510, eff. 12-22-2006)

A. Whenever the director of community development, or his or her designee, determines that graffiti is located on publicly or privately owned real or personal property within the city so as to be capable of being visible from any adjacent property (private or public), street, sidewalk, alley, or other public right of way or other area open to the public, the director of public works services is authorized to provide for the use of city funds for the abatement of the graffiti, or if the graffiti cannot be abated cost effectively, the repair or replacement of the portion of the property that was defaced, upon the following conditions:

1. In abating the graffiti, the painting, repair, and/or replacement of an area more extensive than where the graffiti is located shall not be authorized, except where the city owns the structure or property and the director of public works services, or his or her designee, determines that a more extensive area must be repainted, repaired, and/or replaced, or where the private property owner agrees to pay for the costs of repainting, repairing, and/or replacing a more extensive area.

2. Where the structure or permanent surface is owned by a public entity other than the city, the removal of graffiti may be performed only after securing the consent of the public entity having jurisdiction over the structure or permanent surface and only after such entity executes an appropriate release and right of entry form permitting such graffiti removal.

3. Where the structure or permanent surface is privately owned, the removal of graffiti by city employees or by a private contractor under the direction of the city, may be performed only after securing the consent of the owner or possessor and only after the owner or possessor executes an appropriate release and right of entry form permitting such graffiti removal.

B. As an alternative to the procedure provided in subsection A of this section, upon discovering the existence of graffiti on a privately owned structure or other permanent surface on privately owned property within the city so as to be visible from any public right of way or other public or private property, the director of community development, or his or her designee, shall have the authority to cause the abatement and removal thereof in accordance with the procedure set forth in section 5-9-10 of this chapter. (Ord. 06-O-2510, eff. 12-22-2006; amd. Ord. 14-O-2662, eff. 6-20-2014)

A. If the consent of the private property owner or possessor of the property cannot be obtained, graffiti which is located on a privately owned structure or other permanent surface on privately owned property within the city and which can be viewed from any adjacent property (private or public), street, sidewalk, alley, or other public right of way or other area open to the public may be abated by the city at the owner's expense as a public nuisance pursuant to the following provisions:

1. The director of community development, or his or her designee, shall issue a three (3) day notice of intention to abate and remove the graffiti as a public nuisance to the owners of the affected property and shall serve such notice in any of the following methods: a) by personal service on the owner, occupant or person in charge or control of the property; b) by posting at a conspicuous place on the property or abutting public right of way; or c) 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 address shown on the last available assessment roll, 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 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. The owner shall have three (3) days after the date of service of the notice to 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 on the subject property.

2. The notice shall be on city letterhead in substantially the following form:

NOTICE OF INTENT TO ABATE GRAFFITI

NOTICE IS HEREBY GIVEN that you are required at your expense to remove or paint over the graffiti in existence on the property located at (address) California, which is visible to public view, within three (3) days after the date of this notice.

The graffiti is visible to public view and, therefore, constitutes a public nuisance. If you fail to comply with this order, City employees, or private contractors employed by the City, will enter upon your property and abate the public nuisance by the removal or painting over of the graffiti. The cost of the abatement by the City employees, or its private contractors, will be assessed upon your property and such costs will constitute a lien or a special assessment upon the property until paid.

Any person having any objections to, or interest in, said matters may file within three (3) days from the date of this notice a written appeal to the City Risk Manager ("Risk Manager") stating the reasons the person believes that the City should not abate the graffiti.

Unless an appeal is filed with the Risk Manager, or the graffiti is not otherwise abated, the City will proceed with the abatement of the graffiti on your property at your expense without further notice at the conclusion of this three (3) day period.

B. If an appeal is timely filed, the risk manager, or his or her designee, shall hold a hearing on the objections to the abatement within five (5) days of receiving the appeal. Notice of the decision shall be given as provided in subsection A1 of this section for the notice of intent to abate graffiti. If the city risk manager denies the appeal, the property owner shall have three (3) days to remove the graffiti from the date of notice of the risk manager's decision. The risk manager's decision shall be final.

C. 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 risk manager approves, then the director of public works services shall cause the graffiti to be abated by city forces or private contract, and the city, or its private contractor, may enter upon the premises for such purposes after obtaining a warrant authorizing the entry upon the property for abatement of the graffiti. (Ord. 06-O-2510, eff. 12-22-2006; amd. Ord. 07-O-2516, eff. 6-29-2007; Ord. 14-O-2662, eff. 6-20-2014)

A. The personnel or persons who abate the nuisance under the provisions of this chapter shall keep an account of the cost of abatement. Such personnel or persons shall submit to the city council for confirmation an itemized report showing such costs. The city council may modify the report if it is deemed necessary and shall confirm the report by motion or resolution.

B. Pursuant to Government Code section 38773.5, the total cost of the abatement, including all administrative costs, shall constitute a special assessment against that parcel. After the assessment is made and confirmed, it shall constitute a special assessment on the parcel.

C. Such special assessment shall 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 procedures and sale in case of delinquency as provided for ordinary municipal taxes.

D. Alternatively, pursuant to Government Code section 38773.1, the total cost of the abatement, including all administrative costs, shall constitute a lien against the property on which the nuisance is maintained. After the assessment is made and confirmed, it shall constitute a lien on the parcel.

E. Prior to a recordation of a lien or special assessment for the recovery of abatement and related administrative costs, the city, in accordance with California Government Code section 38773.1 or 38773.5, shall provide written notification, by registered or certified mail, to the property owner that a lien or special assessment will be assessed against the property.

F. As used in this section, the term "related administrative costs" includes, but is not limited to, court costs, attorney fees, and the law enforcement costs incurred by the city in identifying and apprehending the minor or other person. (Ord. 06-O-2510, eff. 12-22-2006)

A. Lien Against Property Owned By Perpetrator: The expense of abatement of graffiti 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. Graffiti Nuisance Abatement Lien: The city may collect the costs of abatement of graffiti, as well as related administrative costs, by a graffiti nuisance abatement lien upon the lot or parcel of the minor or other person who applied graffiti to the property, or upon the lot or parcel of the parent or guardian of the minor. If the total costs of abatement of the graffiti are not paid to the city in full within ten (10) days after the date of the notice from the city of the city council's determination regarding the costs of the abatement, 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. 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 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 property, upon which the lien is imposed, and the name and address of the recorded owner of the property. The lien will continue in full force and effect until the entire amount due is paid in full. The graffiti nuisance abatement lien may be foreclosed by an action brought by the city. As used in this subsection, the term "related administrative costs" includes, but is not limited to, court costs, attorney fees, and the law enforcement costs incurred by the city in identifying and apprehending the minor or other person.

C. Special Assessment: 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" as defined in subsection B of this section, a special assessment against the lot or parcel 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. If the total costs of the abatement of the graffiti are not paid to the city in full within ten (10) days after the date of the notice from the city of the city council's determination regarding the costs of the abatement, 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. 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 procedures 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 are hereby made applicable to the special assessment. (Ord. 06-O-2510, eff. 12-22-2006)

A. Criminal Penalties: Any violation of this chapter shall constitute a misdemeanor offense and subject to the penalties set forth in title 1, chapter 3 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).

C. Cumulative Remedies: The remedies provided in this chapter are in addition to other 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. 06-O-2510, eff. 12-22-2006)