Camarillo Municipal Code Ch. 10.48 Graffiti

The city council finds and determines as follows:

A. That graffiti on public and private properties is a blighting factor; and

B. That graffiti encourages other acts of malicious vandalism; and

C. That graffiti depreciates the value of the adjacent and surrounding properties; and

D. That graffiti is inconsistent with the city's aesthetic standards, and unless it is quickly removed from public and private properties, other adjacent properties will become the target of graffiti; and

E. That the existence of graffiti tends to breed community discontent and criminal activity; and

F. That unlawful placement of graffiti on public and private properties is often committed by persons under the age of eighteen years using aerosol pressurized containers of paint, indelible markers and pens, and etching tools; and

G. That the placement of graffiti is often done in connection with gang activities; and

H. That the public interest, convenience and necessity require the adoption and implementation of the provisions of this chapter.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

Unless the context otherwise requires, the definitions in this section govern the construction of this chapter.

"Aerosol paint container" means any aerosol or pressurized container, or similar device, having a capacity of more than three ounces, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint, or other nonwater soluble substance.

"Building" is defined as set forth in Section 19.04.125.

"Chapter" means this Chapter 10.48.

"Code" means the Camarillo Municipal Code.

"Etching tool" means any etching tool, glass cutter or similar device.

"Fence" means a fence or wall regardless of height.

"Graffiti" means any unauthorized inscription, insignia, symbol, word, figure, character or design that is marked, etched, scratched, drawn, sprayed or painted on a building, fence, landscaping or structure.

"Graffiti implement" means an aerosol paint container, an indelible marker, a paint stick, an etching tool or any similar device.

"Indelible marker" means any indelible marker, felt tip marker or similar implement containing nonwater soluble fluid and that has a flat, pointed or angled writing surface of a width of one-fourth of an inch or greater.

"Landscaping" is defined as set forth in Section 19.04.430.

"Minor" means a person under eighteen years of age.

"Paint stick" means a device containing a solid form of paint, chalk, wax, epoxy, or other similar nonwater soluble substance, which is capable of being applied to a surface by pressure, and upon application, leaves a mark at least one-fourth of an inch in width.

"Responsible adult" means a parent or legal guardian of a minor.

"Structure" is defined as set forth in Section 19.04.775.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

A. It is unlawful for any person to use a graffiti implement to apply graffiti on any publicly or privately owned building, fence, landscaping or structure located within the city; and

B. Any individual who is found guilty of violating this section may, in the discretion of the court in the criminal proceeding, in addition to other authorized fines or penalties:

1. Pay restitution to the person or the city, who removed the unlawfully placed graffiti, and

2. Perform community service in the city.

If the violator is a minor, the minor's responsible adult will be responsible for payment of the restitution, in the discretion of the court. "Restitution" as used in this section means the payment of a sum equal to all damages resulting from the placement of graffiti contrary to the provisions of this chapter, including, but not limited to, direct and indirect costs of the removal thereof.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

A. Any person who places graffiti on the building, structure, fence or landscaping of another, without that person's consent, will be responsible to the owner or to such other person who is entitled to possession of the building, fence, structure or landscaping, for all damages occurring as a result of the placement of the graffiti, including, but not limited to, the costs, direct and indirect, of graffiti removal and attorneys' fees incurred.

B. If graffiti is removed by the city pursuant to this chapter, all damages occurring as a result of the placement of the graffiti, including, but not limited to, costs of graffiti removal, direct and indirect, and attorneys' fees incurred, may be recoverable from the person who caused the graffiti to be placed contrary to the provisions of this chapter.

C. The obligations imposed under this section are enforceable as a civil debt.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

It is unlawful for any person, other than a responsible adult, to sell, exchange, give, loan, or in any way furnish to any minor without the consent of the minor's responsible adult, a graffiti implement.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

A. Any act of a minor which results in the unlawful placement of graffiti on a building, fence, landscaping or structure will be imputed to that minor's responsible adult for civil liability purposes including, but not limited to, civil damages and attorneys' fees incurred in connection with the civil prosecution of any such claim for damages. The responsible adult will be jointly and severally liable with the minor for all civil damages and attorneys' fees. Such obligations will be enforceable as a civil debt.

B. This section in no way limits or narrows the liability of a responsible adult for acts of a minor pursuant to Civil Code Section 1714.1, Government Code Section 53069.3, Penal Code Section 640.5 or any other provision of law.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

It is unlawful for any minor to have in his or her possession a graffiti implement during the hours of ten p.m. to six a.m. of any day, while in any public street, park, playground, swimming pool, recreational facility or other public place.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

Notwithstanding any other provision of this chapter, it is lawful for a minor to possess a graffiti implement while the minor is attending, or traveling to or from:

A. A school at which the minor is enrolled; or

B. A church of which the minor is a member, if the minor is participating in a class at the school or church, or other school-sanctioned or church-sanctioned event, which class or event requires the use of a graffiti implement.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

No person who owns, conducts, operates or manages a retail commercial establishment which offers for sale or sells graffiti implements, may cause such graffiti implements to be stored, except in an area which may be viewable by, but which is not accessible to, members of the public without employee assistance.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

Any person who owns, conducts, operates or manages a retail commercial establishment which offers for sale or sells graffiti implements must post and maintain in a conspicuous location a sign in letters at least three-eighths of an inch high, with substantially the following language:

"IT IS UNLAWFUL TO SELL OR GIVE TO A MINOR NOT ACCOMPANIED BY A PARENT OR GUARDIAN ANY GRAFFITI INSTRUMENT."

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

The city council may authorize the offering of rewards for information leading to the arrest and conviction of any person for a violation of any provision of this chapter. The amount of any reward will be established, from time to time, by the city council. The procedure for offering and claiming a reward under this section will be established by the city manager.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

It is declared that the existence of graffiti on any building, structure, fence or landscaping is a public nuisance, and will be abated as such as is provided in this code.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

The city council has determined that the continued existence of graffiti or other inscribed material on buildings, fences, landscaping and structures within the city is a public nuisance, and has the effect of encouraging the placement of more graffiti at the same location as well as on adjacent buildings, structures, fences and landscaping. The prompt removal of graffiti or other inscribed material is necessary to prevent its proliferation. Accordingly, where the city manager finds that graffiti or other inscribed material has been placed on privately owned buildings, fences, landscaping or structures and the consent of the owner, or other person entitled to possession of the property, cannot, for any reason, be obtained for the entry by the city or its agents upon the property where the building, fence, landscaping, or structure is located for the purpose of removing any graffiti or other inscribed material, the city manager may cause the summary abatement of the graffiti in the following manner:

A. Notice. The city manager must give the owner or other person entitled to possession of the building, fence, landscaping or structure not less than twenty-four hours' written notice that unless the graffiti or other inscribed material to which the notice relates is removed within the period of time set forth in the notice, that the city will enter upon the property for the purpose of summarily abating the public nuisance by removal of the graffiti or other inscribed material. The notice must also contain a statement that if the graffiti or other inscribed material is not timely removed by the owner or other person entitled to possession of the building, fence, landscaping or structure and if the removal is done instead by the city or its agents then all costs incurred may be assessed against the property upon which the graffiti or other inscribed material is located, in the time and manner set forth in Section 9.17.100 of this code.

B. Service of Notice. The notice must be given by personal service on the person to be notified, or by first class mail, addressed to the person to be notified at the person's last known address.

C. Assessment of Costs. Where nuisance abatement costs are to be assessed against the property, the procedures set forth in Section 9.17.100 must be utilized.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

A. City Manager Authorization. The city manager is authorized to expend city funds to remove graffiti from publicly or privately owned real property within the city as is provided in this chapter;

B. Removal of Graffiti—Private Property—Consent. Such removal will be performed by the city by its authorized employees or agents, only after the city manager:

1. Finds that the graffiti is located on a privately owned building, fence, landscaping or structure in the city; and

2. Secures the consent of the owner or other person entitled to possession of the building, fence, landscaping or structure upon which the graffiti has been placed;

C. Exception. The consent of a property owner to graffiti removal will be presumed where the facade of the building, fence or structure upon which the graffiti is unlawfully placed, directly abuts the lot line of the lot upon which the building, fence or structure is located, which lot line separates the lot from a public street, sidewalk, parkway, easement or alley.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

A violation of any provision of this chapter is a misdemeanor and is punishable in accordance with Chapter 1.12 of this code.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

A. As an alternative to the assessment of costs for the summary abatement of any nuisance resulting from the defacement of the property by graffiti or any other inscribed material at the expense of the owner or other person entitled to possession of the property upon which such nuisance is located as provided in Section 10.48.130, summary abatement may, at the discretion of the city manager, be made at the expense of the minor or other person creating, causing, or committing the nuisance. The expense of abatement of the nuisance may be assessed as a lien against property of the minor or other person and becomes a personal obligation of the minor or other person pursuant to Section 10.48.170.

B. The parent or guardian having custody and control of the minor described in subsection A will be jointly and severally liable with the minor. The expense of abatement of any nuisance, resulting from the defacement by a minor of the property of another by graffiti or any other inscribed material, may also be assessed as a lien against the property of a parent or guardian having custody and control of the minor, and becomes a personal obligation of the parent or guardian having custody and control of the minor pursuant to Section 10.48.170.

C. Notwithstanding any other provision of law, the city may seek the assistance of the probation officer of the county to report the names and addresses of the parent or guardian having custody and control of the minor, if known, to the city clerk or other official designated by the city council.

D. As used in this section and Section 10.48.170, the following terms have the following meanings:

"Expense of abatement" includes, but is not limited to, court costs, attorney's fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the city in identifying and apprehending the minor or other person.

"Minor" or "other person" means a minor or other person who has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Sections 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code, or a minor convicted by final judgment of a violation of Sections 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code, or a minor declared a ward of the Juvenile Court pursuant to Section 602 of the Welfare and Institutions Code by reason of the commission of an act prohibited by Sections 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

Pursuant to Government Code Sections 38772, 38773.2, and 38773.6, and any successor statutes, a minor or other person (as defined in Section 10.48.160 of this code) creating, causing or committing a nuisance resulting from the defacement of the property of another by graffiti or any other inscribed material, will be obligated to pay all city expenses and all administrative costs associated with abating the nuisance.

A. Recordation of a Lien That Will Become a Judgment Lien. A nuisance abatement lien in favor of the city for such expenses of the city may be created and recorded, pursuant to this section, against the property of the minor or other person, or the parent or guardian having custody and control of the minor. The lien must specify: the amount of the lien, that the lien is imposed on behalf of the city, the date of the abatement order, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.

1. Notice must be served on the minor or other person, or parent or guardian having custody and control of the minor, before recordation of the lien on the parcel of land owned by the minor or other person, or parent or guardian having custody and control of the minor. The notice must be served in the same manner as a summons in a civil action in accordance with Code of Civil Procedure Sections 415.10 and following. If the minor or other person, or the parent or guardian having custody and control of the minor, after diligent search, cannot be found, the notice may be served by posting a copy of the notice in a conspicuous place upon the property owned by the minor or other person, or by the parent or guardian having custody and control of the minor, for a period of ten days, and by publication in a newspaper of general circulation in the city.

2. The city's nuisance abatement lien may then be recorded in the county recorder's office, and from the date of recording, will have the force, effect, and priority of a judgment lien and may be foreclosed by an action brought by the city for a money judgment.

3. Any fees or costs incurred by the city for processing or recording the lien and providing notice to the minor or other person, or parent or guardian having custody and control of the minor, may be recovered by the city as part of any action to enforce the lien.

B. Recordation of Lien That Will Become a Special Assessment. The city's total abatement costs as described in this chapter, may also be collected as a special assessment against the parcel of land owned by the minor or other person, or by the parent or guardian having custody and control of the minor.

1. Prior to recordation, a notice of nuisance abatement lien must be sent by certified mail to the property owner at the address appearing on the latest equalized assessment roll.

2. In addition to the matters set forth in subsection (A) of this section, the notice of the nuisance abatement lien must specify that the lien will constitute a special assessment that will be collected at the same time and in the same manner as ordinary municipal taxes are collected and will be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. If payments are permitted to be made in annual installments, the rate of interest on the unpaid balance must be specified.

3. After confirmation and recordation of the nuisance abatement lien that will constitute a special assessment, the city will provide a copy of the notice of proposed recordation, proof of service, and the recorded lien to the tax collector to add the amount of the assessment to the next regular tax bill levied against the respective parcel. Any costs incurred by the city in connection with recording the lien may be added to the assessment.

4. The city manager may determine that in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, the assessment may be paid in annual installments over a period not to exceed five years. If any installment is delinquent, the amount will be subject to the same penalties and procedure for foreclosure and sale provided for ordinary municipal taxes. Any assessments so deferred will bear interest on the unpaid balance at a rate of six percent per year.

5. If any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attached thereon before the date on which the first installment of the taxes would become delinquent, then the cost of abatement will not result in a lien against the real property but instead will be transferred to the unsecured roll for collection.

C. Satisfaction. In the event that the judgment lien or special assessment is satisfied, either through payment or foreclosure, a notice of discharge containing the information specified in the lien will be recorded by the city.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)