Brisbane Municipal Code Ch. 9.30 Graffiti

A. The city council of the city finds that there is a need for a program for removal of graffiti from walls and structures on both public and private property; and to prevent and control the further spread of graffiti in the city. The increase of graffiti on both private and public 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 a public nuisance which must be abated and prevented so as to avoid the detrimental impact of such graffiti on the city and to hinder the spread of graffiti.

B. It is declared to be the intent of the city council that the provisions of this chapter be enforced in such manner as to promote, to the extent possible, the voluntary cooperation and assistance by the owners and occupants of property to remove graffiti from the city wherever it may appear, and to engage in preventive and educational activities directed toward those persons who may be the perpetrators of graffiti to prevent the commission or repetition of such crimes. Punitive measures should normally be employed only where voluntary compliance cannot be achieved.

(Ord. 395 § 1, 1995).

A. The term "graffiti" means the spraying of paint or marking of ink, dye or other similar substance, or the etching or marking by the use of a "scriber" on public or private buildings, structures and places without the authorization of the owner or lawful occupant thereof.

B. The term "scriber" means any masonry or glass bit, a carbide drill bit, a glass cutter, a grinding stone, an awl, a chisel, a carbide scribe, or any other instrument that has been fashioned for the purpose of marking or etching metal, glass, masonry or wood.

(Ord. 395 § 2, 1995).

A. No person shall place graffiti upon any public or privately owned structure, street or sidewalk within the city.

B. No person owning or otherwise in control of any real property within the city shall suffer, permit or allow any graffiti to be placed upon or remain on any structure, street or sidewalk located on such property when the graffiti is visible from a public street or other public or private property, for a period in excess of that described in this chapter for notice and removal of graffiti.

(Ord. 395 § 3, 1995).

It is unlawful for any individual under the age of eighteen (18) years, who is in a public place or upon private property without the consent of the owner or tenant thereof, and who is not accompanied by a responsible adult, to possess an aerosol container of paint.

(Ord. 395 § 4, 1995).

It is unlawful for any individual under the age of eighteen (18) years, who is in a public place or upon private property without the consent of the owner or tenant thereof, and who is not accompanied by a responsible adult, to possess any scriber.

(Ord. 395 § 5, 1995).

Whenever the chief of police or his or her designee determines that graffiti exists on any structure in the city which is visible from the street or other public or private property, he or she shall cause a notice to be issued to abate such nuisance. The notice shall include a description of the property owner's right to obtain reimbursement for removal costs pursuant to Section 9.30.080 of this chapter and shall be accompanied by a claim form to be utilized by the owner for such purpose. The property owner shall have fifteen (15) days after service of the notice to remove the graffiti; provided, however, that in response to a request from the property owner, the chief of police may grant extensions of time if the chief of police determines that the property owner is making a good faith effort to remove the graffiti but is unable to accomplish the removal due to circumstances beyond the owner's reasonable control.

(Ord. 395 § 6, 1995).

The notice to abate graffiti shall be served upon the owner(s) of the affected premises, as such owner's name and address appears on the last equalized property tax assessment rolls of the county of San Mateo. In addition, if there is a tenant using the premises, the notice shall also be served on said tenant. If there is no known address for the owner, the notice shall be sent in care of the property address. The notice required by this chapter may be served in any one of the following manners:

A. By personal service on the owner, occupant or person in charge or in control of the property, and mail to the owner if not served personally;

B. By certified mail addressed to the owner at the last known address of said owner. If this address is unknown, the notice will be sent to the property address. In addition, where the property is occupied, a copy of the notice shall be delivered to the occupant.

(Ord. 395 § 7, 1995).

In the event the property owner complies with the notice by the designated date, or such extended time as may be granted by the chief of police, then upon submission of a verified claim within thirty days of compliance, the city shall reimburse the property owner for the cost of labor and materials paid by the owner for removal of the graffiti, up to a maximum of one hundred fifty dollars ($150.00) for the first incident of graffiti on the property, and up to one hundred dollars ($100.00) for each subsequent incident. Receipts for labor and material costs must accompany the claim. The city shall not reimburse the property owner where the chief of police finds that the owner has persuaded, allowed or encouraged the graffiti problem. Evidence thereof shall include such things as: the owner has permitted the property to remain unoccupied, or has allowed uses conducive to the graffiti problem, or has failed to take reasonable security measures.

(Ord. 395 § 8, 1995).

Upon failure of the property owner to comply with the notice to abate by the designated date, or such extended time as may be granted by the chief of police, then the chief of police is authorized and directed to cause the graffiti to be abated by city forces or private contract, and the city or its private contractor is expressly authorized to enter the premises for such purposes. All reasonable efforts to minimize damage from such entry shall be taken by the city, and any paint used to obliterate graffiti shall be as close as practicable to background colors.

(Ord. 395 § 9, 1995).

Where the graffiti has been abated by the city due to a refusal or failure of the owner to do so, the owner shall reimburse the city for the actual cost of the removal of the graffiti. The cost to be reimbursed includes labor, material, preparation of specifications and contracts and inspection, and attorney's fees if litigation is brought.

(Ord. 395 § 10, 1995).