Concord Municipal Code Art. III Graffiti

The Government Code of this state authorizes the city to provide for the removal of graffiti from public and private property and the City Council finds that graffiti is detrimental to property values and degrades the community. Graffiti is inconsistent with the city’s goals for property maintenance and maintenance of the city’s development standards, and is obnoxious, a nuisance, and, unless it is quickly removed from public and private property, results in other properties becoming the target of graffiti, thereby diminishing their value and reducing the ability of the city to meet the health, safety and welfare needs of its citizens.

(Code 1965, § 3120; Code 2002, § 62-101. Ord. No. 94-6)

Graffiti shall mean the writing, defacing, marring, marking, inscribing, scratching, painting, or affixing of markings on buildings or structures, including, but not limited to, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, curbs, traffic control devices, signs, and utility boxes, except as otherwise permitted by this Code.

Marker pen shall mean any writing instrument with a tip exceeding three-eighths inch in width and containing anything other than a solution which can be removed with water after such solution dries.

Property owner shall mean any person owning, leasing, renting, occupying, managing or having charge of any real property or structure.

Responsible adult shall mean a parent, guardian, or person having legal responsibility for a minor.

All other words, terms, or phrases shall be used as defined in Penal Code Section 94 et seq.

(Code 1965, § 3121; Code 2002, § 62-102. Ord. No. 94-6)

Cross references: Definitions generally, § 1.05.100.

(a) Prohibited conditions. It shall be unlawful for any person, owning, leasing, renting, occupying, managing or having charge or possession of any property in the city to maintain, or allow to be maintained, graffiti on such property for an unreasonable period of time if such graffiti or any portion of it is visible to the public, from a public street, sidewalk or from other properties, public or private.

(b) “Unreasonable” defined. For purposes of this section, “unreasonable” shall mean the longer of the following periods:

(1) Ten days from the placement of the graffiti on the premises; or

(2) Ten days from notification to the property owner from the city to remove the graffiti, or any extensions of the removal period granted in writing by the city.

(c) Enforcement. This article shall apply and be enforceable with regard to any property within the city, regardless of zoning district.

(Code 1965, § 3122; Code 2002, § 62-103. Ord. No. 94-6)

(a) Private property owners shall remove graffiti from their property within ten calendar days after notification to the property owners by the city to remove such graffiti.

(b) Whenever graffiti exists upon the property owned by another public agency, or is private property, the city may remove it with the consent of the property owner. If the removal is conducted by the city pursuant to consent, a signed consent form shall first be obtained from the property owner.

(c) Notice to private property owners by the city shall be addressed to the name and address as it appears on the last tax assessment roll with a copy addressed to the subject property. Said notice shall be effected by depositing a copy of the notice in the U.S. mail, certified with postage fully affixed, or personally delivering a copy of the notice to the owner of the property. The service is complete at the time of deposit in the mail or when personal service is effectuated. The failure of any person to receive such notice shall not affect the validity of any legal proceedings regarding removal of the graffiti.

(d) In the event the owner fails to remove the graffiti after notice has been sent, the city may, at its option:

(1) Declare the structure or property to be a public nuisance;

(2) Abate the graffiti as a nuisance and charge the property owner by invoice and enforce same by lien against the property; or

(3) Prosecute the failure to remove as a violation of [in accordance with] Chapter 1.05.

(Code 1965, § 3123; Code 2002, § 62-104. Ord. No. 94-6)

(a) Amount. The cost of the abatement to be billed to the property owner shall be the actual cost for city crews or contractors to remove said graffiti plus an administrative fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services, which shall be added to the invoice as part of any abatement. If volunteers are used, the city may, at its option, bill the cost of abatement plus administrative fee.

(b) Restitution. The city or the owner may seek restitution for the entire cost of removal, including administrative fees, to reimburse the city or owner for any damage caused by the graffiti or the removal. Said restitution may be pursued in a separate civil action, or as part of a criminal proceeding against the perpetrator. Parental liability shall lie from damage or costs incurred by a minor who defaces or otherwise damages property pursuant to this section and Civil Code Section1714.1.

(Code 1965, § 3124; Code 2002, § 62-105. Ord. No. 94-6)

(a) No person may sell aerosol spray paint or marker pens with tips exceeding three-eighths inch in width to any person under 18 years of age. All retailers of such paint and/or marker pens are required to post warning signs advising of the penalty for vandalism with paint and/or marker pens.

(b) Signs required by this section shall conform to the size requirements of Penal Code Section 594.1(c) and shall be posted conspicuously at the shelf, wall, or counter where the paint is displayed for sale and/or at the point in the store where items are paid for.

(c) The City Manager may, from time to time, at city expense, distribute such signs to retailers, in an effort to minimize sales to individuals contemplating vandalism with paint.

(Code 1965, § 3125; Code 2002, § 62-106. Ord. No. 17)