Chico Municipal Code Ch. 9.46 Graffiti Removal

A. The increase of graffiti on both public and private buildings, structures, and places is creating a condition of blight within the city which results in deterioration of property and business values for adjacent and surrounding properties, all to the detriment of the city.

B. Graffiti is obnoxious and a public nuisance which must be abated so as to avoid the detrimental impact of such graffiti on the city and to prevent the further spread of graffiti.

C. This chapter is intended to supplement those programs and enforcement tools already provided by state law for removal of graffiti on both public and private property, and to discourage the further spread of graffiti in the city.

D. Adoption of this chapter is intended to give notice to all who callously disregard the property rights of others, that the city will strictly enforce all laws prohibiting graffiti, including but not limited to sections 594, 594.1 and 640.5 of the California Penal Code, section 13202.6 of the California Vehicle Code, and the provisions of this chapter.

(Ord. 2354)

The council finds and declares that the existence of graffiti anywhere within the boundaries of the city is a public and private nuisance, and may be abated in accordance with this chapter, Chapter 1.14, entitled “Nuisance Abatement,” of this code, or any other provision of law providing for the abatement of graffiti or applicable to vandalism.

(Ord. 2354)

For the purposes of this chapter “Graffiti” means any painting, marking, symbol, inscription, word, figure, design, or defacement written, sprayed, painted, splashed, marked, etched, scratched, drawn, or engraved on any structural component of any building, structure, or other facility or surface, without the prior consent of the owner of the property or other person with the legal right to control the property.

(Ord. 2354)

It shall be unlawful for any property owner, or any manager, tenant, or agent of a property owner, to fail to remove graffiti within 10 days after written notice is given by the city. The written notice to remove graffiti shall include:

A. A description and the location of the property on which the graffiti has been placed;

B. A brief description of the graffiti that must be removed;

C. A statement that the graffiti is a public nuisance;

D. A statement that if the property owner does not remove the graffiti within 10 days of service of the notice, the city may remove the graffiti and bill the property owner for the costs related to the removal of the graffiti.

(Ord. 2354)

Any notice or other document required to be served on a property owner pursuant to this chapter shall be deemed served when either personally delivered to such property owner or when deposited in the United States mail, certified and return receipt requested, addressed to the property owner at the owner’s address as it appears on the last equalized or supplemental assessment roll of the County of Butte, whichever is more current. Service by mail of a notice or other document in the manner provided for herein shall be effective on the date of mailing. The failure of any person to actually receive such notice shall not affect the validity of the notice.

(Ord. 2354)

Any property owner, or any manager, tenant, or agent for the property owner, that fails to comply with the notice and remove the graffiti within 10 days of the service of the notice shall be in violation of this chapter.

(Ord. 2354)

A. Whenever a property owner does not remove the graffiti within 10 days of service of the notice in accordance with this chapter, the city may remove the graffiti with the owner’s prior written consent.

B. If the property owner refuses to consent to the city’s removal of the graffiti, the city may abate the graffiti as a public nuisance in accordance with Chapter 1.14 of this code and bill the property owner for the cost, including incidental expenses, related to the removal of the graffiti. All costs incurred by the City in removing the graffiti shall be billed to the property owner and shall be due and payable within 30 days.

(Ord. 2354)

A violation of this chapter is an infraction. This punishment shall be cumulative of and in addition to any other applicable punishment or relief provided by state law, including but not limited to Vehicle Code section 13202.6 and Penal Code sections 594, 640.5, and 640.6.

(Ord. 2354)

Nothing in this chapter shall be deemed to prevent the council from authorizing the city attorney to commence any other available civil or criminal proceeding to abate a public nuisance under applicable provisions of state law in addition to proceedings set forth in this chapter.

(Ord. 2354)