California City Municipal Code Art. 2 Graffiti Abatement

(a) Every person who operates or manages a retail commercial business selling graffiti implements shall:

(1) Store or cause graffiti implements to be stored in an area not accessible to the public in the regular course of business without employee assistance.

(2) Place a sign in public view stating substantially the following:

"Placing graffiti is a crime. Possession of graffiti implements is also a crime under certain circumstances. It is a crime to sell or convey aerosol spray paint or broad tip markers to a minor."

(b) The following terms are defined for this Article:

(1) "Graffiti" are crude drawings, inscriptions or defacement applied to property without the consent of the owner or person in possession.

(2) "Graffiti implements" are aerosol spray paints, paints, dyes, polish, broad tip markers containing anything other than a water soluble solution.

(3) "Broad tip markers" are marker pens with a tip broader than 3/8" in width.

(a) The Code Enforcement Officer shall issue notices and citations to remove graffiti. The Notice shall be directed to the owner of record of the parcel of land on which the graffiti exists with a Notice to Abate substantially as follows:

"Notice is given the Code Enforcement Officer of the City of California City has found and declares a public nuisance consisting of graffiti exists on your property located at:___________________________________. The Code Enforcement Officer has also found and determined this condition must be abated by removal.

The graffiti will be removed and the nuisance abated by the City and the cost of removal assessed against the land on which the graffiti is located and such cost will constitute a lien until paid. In the alternative, if the cost is not paid, the amount should be placed on the tax rolls for collection.

If you object to the proposed removal or abatement of the above described nuisance, you may file a written appeal with the Code Enforcement Officer or designee at City Hall within three (3) days from the date of receipt of this notice.

Dated: _______________________________

Code Enforcement Officer"

(b) The Notice to Abate shall be served on the record owner based on the last equalized assessment role or supplemental role, whichever is most current. The Notice shall be served in the same manner as a Summons in a civil action. If the record owner cannot be found after diligent search, the Notice may be served by posting a copy thereof in a conspicuous place on the property for 10 days and publication in a newspaper of general circulation published in Kern County pursuant to the Government Code.

(c) The Code Enforcement Officer shall abate the nuisance without further notice to record owner if the record owner does not appeal the decision within 10 days of receipt. If the record owner appeals the decision, in a timely manner, the Code Enforcement Officer shall not abate the nuisance until the appeal process has been completed. The Code Enforcement Officer shall consider the appeal of the record owner. The Code Enforcement Officer's written decision shall be final.

(a) If the Code Enforcement Officer has invoked the abatement process described in the preceding section and if the record property owner has not paid the cost of removal within thirty (30) days of presentation of a bill, a nuisance abatement lien may be filed.

(b) Pursuant to Civil Code §1714.1, every parent or legal guardian having custody or control of a minor who defaces property by inscribing graffiti shall be jointly and severally liable with such minor for resulting damages incurred by the property owner in an amount not to exceed $25,000.00 for each such act of defacement.