Part 3

Summary Abatement Of Graffiti On Private Property By City Without Consent Of Property Owner

The Director may initiate proceedings to abate any graffiti maintained contrary to the provisions of this Chapter only after the following has occurred:

• (a) The Director has determined that graffiti within public view exists on particular premises in the City;

• (b) A notice of such condition has been sent to the property owner pursuant to CMC § 5405; and

• (c) The property owner has failed to either remove the graffiti or consent to its removal by the City within the time period specified in the notice.

• (Ord. 90-913 § 1)

Prior to the City abating graffiti on private property without the consent of the owner, a hearing before the Director shall be held at which time the property owner shall be given an opportunity to be heard regarding the proposed abatement. A notice of the time and place of the hearing before the Director shall be sent to the property owner not less than ten (10) days prior to the hearing.

(Ord. 90-913 § 1)

• (a) The Director shall cause to be served upon the owner as shown on the latest equalized tax assessment roll of the affected premises a copy of said notice and shall cause a copy thereof to be conspicuously posted on the affected premises.

• (b) Said notice shall be posted and served, as aforesaid, at least ten (10) days before the time fixed for such hearing; proof of posting and service of such notice shall be made by declaration under penalty of perjury filed with the Hearing Officer.

• (c) The failure of any person to receive the notice shall not affect the validity of any proceedings under this Chapter.

• (Ord. 90-913 § 1)

The hearing to determine whether a nuisance exists shall be conducted by the Director or his duly authorized representative as the Hearing Officer. At the hearing, the Director shall consider all relevant evidence including but not limited to applicable staff reports. Any interested person shall be given a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the Director shall determine whether a nuisance within the meaning of this Chapter exists.

(Ord. 90-913 § 1)

The Director or his designee (within ten (10) working days of the hearing) shall give written notice of his decision to the owner and to any other person requesting the same. The notice shall contain an order of abatement, if a nuisance is determined to exist, directed to the owner of the affected property or the person in the control and/or charge of the property, and shall set forth the nature of the graffiti, its location on the premises and the time and manner for its abatement. The Director may impose such conditions as are reasonably necessary to abate the graffiti. The decision of the Director may be appealed to the City Council by the filing of a written request for appeal with the City Clerk within ten (10) days after the Director's notice of the decision to the owner.

(Ord. 90-913 § 1)

If the Director's decision is not appealed and the nuisance is not abated within the time set by the order of abatement, the Director is authorized to enter upon the premises and to abate the graffiti nuisance with City equipment and City personnel. The Director shall then prepare a statement of the fact of such abatement and of the expense incurred in abatement and shall file the statement with the City Clerk. Such statement shall identify the premises and state the cost of the action taken. If the premises includes more than one (1) lot, each separate lot, or all of the lots may be set forth in the same statement.

(Ord. 90-913 § 1)

• (a) Retrofitting. In the case of a surface that has been defaced with graffiti after removal more than five (5) times within twelve (12) months, the abatement authorized by CMC § 5414 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.

• (b) Common Utility Colors and Paint-Type. Any gas, telephone, water, sewer, cable, telephone or other utility operating in the City, other than an electric utility, shall paint their abovesurface metal fixtures which are installed after the effective date of this Section with a uniform paint type and color as directed by the Director.

• (c) Conditions on Encroachment Permits. Encroachment permits issued by the City may, among other things, be conditioned on the following:

  • (1) The permittee shall apply an anti-graffiti material of a type and nature that is acceptable to the Director to the encroaching structure;

  • (2) The permittee shall immediately remove any graffiti from the encroaching structure;

  • (3) The City shall have the right to remove graffiti and to paint the encroaching structure;

  • (4) The permittee shall provide the City with sufficient matching paint and anti-graffiti material on demand for use in the painting over or removal of graffiti from the encroaching structure.

• (d) Conditions on Discretionary Approvals. Conditional use permits, variances, and building permits issued by the City may, among other things and, to the extent permitted by this Code or other similar land use entitlement or development or design applications, be conditioned on the following:

  • (1) The applicant shall apply an anti-graffiti material of a type and nature that is acceptable to the Director to such of the publicly-viewable surfaces to be constructed on the site deemed by the Director to be likely to attract graffiti ("Graffiti Attracting Surfaces");

  • (2) The applicant shall grant in writing the right of entry over and access to the property, upon forty-eight (48) hours posted notice, by authorized City employees or agents, for the purpose of removing and painting over graffiti on graffiti attracting surfaces previously designated by the Director. Such grant shall be made an express condition of approval and shall be deemed to run with the land;

  • (3) The applicant, and any and all successors in interest, shall, for a period of two (2) years after approval, provide the City with sufficient matching paint and anti-graffiti material on demand for use in the painting over or removal of designated graffiti from graffiti attracting surfaces;

• (4) Applicants for subdivision maps shall covenant that the owners of the lots shall immediately remove any graffiti placed on publicly viewable trees or structures thereon to the City's satisfaction, and said covenant shall run with the land in a form satisfactory to the City.

• (Ord. 94-1030 § 4)

Upon completion of the work required to abate the graffiti, the cost to the City to perform such work shall be assessed against the property owner pursuant to the procedures set forth in CMC § 5329 through § 5333.

(Ord. 90-913 § 1)