Carson Municipal Code Part 2 Removal Of Graffiti From Public And Private Property With Consent Of Property…

The Director is hereby authorized to remove graffiti from any property or structure owned by the City of Carson, and pursuant to California Government Code Section 53069.3 is authorized to remove graffiti from any other publicly owned structure after securing the consent of the public entity having jurisdiction over the structure.

(Ord. 90-913 § 1)

Whenever the Director determines that graffiti is being maintained upon any premises within the City in violation of CMC § 5403, the Director shall send written notice to the owner or possessor of the premises of such condition and shall require that the graffiti be removed. The notice and order shall be sent to the owner as shown on the most recent equalized assessment roll and a copy shall be posted on the subject property. The notice shall state that the owner must remove the graffiti or consent to its removal by the City within fifteen (15) days from the date the notice was mailed. The notice and order shall also state that if the property owner or possessor desires to remove the graffiti or to cause it to be removed, such person may apply to the Director for the issuance of paint and paint rollers for the removal of the graffiti, as provided in CMC § 5407.

(Ord. 90-913 § 1)

(a) Applications for Paint and Paint Rollers. The Director shall establish procedures for the issuance of paint and paint rollers to persons for the removal of graffiti from private property. These procedures shall require the person applying for such paint and rollers to sign a form stating: (1) that the applicant is the owner or in possession of the private property from which graffiti is to be removed; (2) the address or other location thereof; (3) that such person shall utilize such paint and rollers to remove graffiti from the property so identified within three (3) weeks after the date of receipt of the paint and rollers; and (4) that the person receiving such paint and rollers will pay the cost thereof to the City unless the graffiti for the removal of which such paint and rollers are issued shall have been removed within said three (3) weeks.

(b) Issuance of Paint and Rollers. Upon receipt and verification of a complete application for paint and rollers for removal of graffiti, the Director shall issue an amount of paint that in the discretion of the Director is necessary to cover the graffiti on the property. The paint shall be issued for the removal of the graffiti only and not for the painting or repair of a more extensive area. Said form shall be dated and signed by an employee of the Department of Public Safety when such paint and rollers are issued. Successive issues of paint may be made if graffiti should reappear following removal at any such location.

(Ord. 90-913 § 1; Ord. 94-1030 § 2)

Upon receipt of the property owner's written consent or the written consent of a person authorized by the owner to give consent, the Director is hereby authorized to provide for the abatement of graffiti on privately owned property through the utilization of the City's labor, equipment and materials. Except as set forth herein, the Director is authorized to provide for the abatement of graffiti only and is not authorized to provide for the painting or repair of a more extensive area. In the case of a surface that has been defaced with graffiti after removal more than five (5) times within twelve (12) months, such abatement may include retrofitting the surface with such features or qualities as may be established by the Director as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient, expedient or efficient removal of graffiti therefrom.

(Ord. 90-913 § 1; Ord. 94-1030 § 3)