Burbank Municipal Code Art. 3 Removal of Graffiti or Other Inscribed Material

The purpose of this article is to provide a program for the removal of graffiti and other inscribed materials from walls and structures on both public and private property. Graffiti on public and private property is a blighting factor which not only depreciates the value of the property which has been the target of such vandalism but also depreciates the value of the adjacent and surrounding properties; and in so doing has a negative impact upon the entire City. In 1976, the Legislature added Section 53069.3 to the Government Code which authorizes the City under certain circumstances to provide for the removal of graffiti and other inscribed materials from private as well as public property. The Council finds and determines that graffiti is obnoxious and a public nuisance and unless it and other inscribed materials are removed from public and private property, they tend to remain. Other properties then become the target of graffiti with the result that entire neighborhoods are affected and the entire community depreciates in value and becomes a less desirable place in which to be. [Added by Ord. No. 2785; Formerly Numbered Section 21-53; Renumbered by Ord. No. 3058, eff. 2/21/87.]

Whenever the Public Works Director determines that graffiti or other inscribed material is so located on public or privately owned permanent structures on public or privately owned real property within this City so as to be capable of being viewed by a person utilizing any public right of way in this City, the Public Works Director is authorized to provide for the removal of the graffiti or other inscribed material upon the following conditions:

A. In removing the graffiti or other inscribed material, the painting or repair of a more extensive area shall not be authorized.

B. Where a structure is owned by a public entity other than this City, the removal of the graffiti or other inscribed material may be authorized only after securing the consent of the public entity having jurisdiction over the structure and such entity executes a release and waiver approved as to form by the City Attorney.

C. Where a structure is privately owned, the removal of the graffiti or other inscribed material may be authorized only after securing the consent of the owner and the owner executes a release and waiver approved as to form by the City Attorney. [Added by Ord. No. 2785; Formerly Numbered Section 21-54; Renumbered by Ord. No. 3058, eff. 2/21/87.]