Cupertino Municipal Code Ch. 10.60 Regulation of Graffiti

The Council of the City finds that the regulation of graffiti is necessary because graffiti is detrimental to property values, degrades the quality of life in the City, is inconsistent with the City’s property maintenance goals and aesthetic standards, is often related to gang activity and may, therefore, lead to an increase in crime, and, unless quickly removed, may result in other properties becoming the target of graffiti.

(Ord. 1669, § 2 (part), 1994)

The Council of the City finds that graffiti is obnoxious and is a public nuisance which may be abated pursuant to the procedures set forth in this chapter.

(Ord. 1669, § 2 (part), 1994)

As used in this chapter:

A. “Graffiti” means any unauthorized inscription, word, figure, or design which is marked, etched, scratched, drawn or painted on any surface.

B. “Structure” includes, but is not limited to, buildings, walls, fences, signs, driveways, walkways, sidewalks, curbs, lampposts, hydrants, trees, doors, utility poles, drinking fountains and garbage receptacles.

(Ord. 1669, § 2 (part), 1994)

Statutory reference: Authority, see Government Code Section 53069.3

It is unlawful for any person who owns or is otherwise in control of any public or privately owned permanent structures located on public or privately owned real property within the City to permit graffiti to be placed upon, or to remain upon, the structure if the graffiti is visible from the street or any other public or private property.

(Ord. 1669, § 2 (part), 1994)

A. Removal by City Subsequent to Consent. The City may remove the graffiti from publicly owned structures only after securing the consent of the public entity having jurisdiction over the publicly owned structure, or where the graffiti exists on a privately owned structure, only after securing the consent of the owner of the structure.

B. Removal by Property Owner. Property owners shall remove all graffiti from their property no later than ten days after they discover or should have discovered the graffiti. Paint used to cover the graffiti shall match the original surface color to the extent feasible. Except as otherwise provided in this chapter, failure of the property owner to remove the graffiti within this time shall cause the property to become subject to the City’s abatement procedure, as set forth in Section 10.60.060 of this chapter.

(Ord. 1669, § 2 (part), 1994)

The procedure for the abatement of graffiti shall be as follows:

A. Order to Remove Graffiti. Upon failure of a property owner to remove graffiti from his/her property within the ten-day period, the City Manager shall serve on the property owner an order to remove graffiti. The order to remove graffiti shall be in writing and state:

1. A description of the affected property;

2. A description and location of the structure on which the graffiti exists;

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

4. A specific date by which the graffiti must be removed, along with a statement that if the property owner does not remove the graffiti within this time, the City may cause the graffiti to be removed and may make the costs incurred in this work, not to exceed the actual abatement cost per occurrence, a personal debt of the property owner or a special assessment against the property;

5. Notice that the property owner may appeal the order to remove graffiti.

B. Appeal–Waiver. A property owner may appeal the order of the City Manager pursuant to the procedures described in Chapter 1.16 of the Cupertino Municipal Code. Failure to file a timely notice of appeal, shall be deemed by the City as a waiver of any administrative hearing or appeal.

C. Abatement of Graffiti by City if Property Owner Does Not Comply with Order of City Manager or Decision of City Council. If the property owner or person in control of the property fails to timely comply with the order to remove graffiti issued by the City Manager, or, in the event of an unsuccessful appeal, the decision of the City Council, the City Manager may cause the graffiti to be removed from the property either by City personnel or by hiring outside persons to perform the work.

D. Recovery of Expenses Incurred by City in Removing Graffiti.

1. Filing of report on expenses incurred in removing graffiti. The City Manager shall keep a detailed itemized record of the expense incurred by the City in removing the graffiti from the property. A copy of this report shall be distributed to the property owner.

2. Collection of personal debt of property owner for expenses incurred by City in removing graffiti. The expenses incurred by the City in removing the graffiti shall be a personal debt of the property owner and the full amount of these expenses shall be due and payable by the property owner within thirty (30) days of removal. If the property owner fails to pay the entire amount due within this time, the debt shall become delinquent and may be collected by the City through any legal means.

3. Special assessment with County Auditor-Controller. If the debt continues to be delinquent, the City can proceed with the filing of a lien against the property in question. Subsequent to a public hearing process, a certified copy of the City Council’s decision and notice of special assessment lien shall be filed with the Santa Clara County Auditor-Controller on or before August 10th of each year, whereupon it shall be the duty of the Auditor-Controller to add the amounts of the special assessment to the next regular tax bills levied against the property for municipal purposes and therefore the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall apply to such special assessment.

(Ord. 1918, § 1, 2003; Ord. 1669, § 2 (part), 1994)

In any case in which a criminal prosecution for violation of Penal Code Sections 594 and 640.6, or any other law which authorizes the court to sentence the criminal defendant to remove graffiti that he/she unlawfully placed on property, is pending or is to be instituted against the person(s) who placed graffiti upon property in the City, the City Manager may stay the application of the City’s abatement procedure set forth in this chapter until the criminal prosecution has been completed and the judgment of the court has been rendered and has become final. If the defendant is found guilty, and the court sentences the criminal defendant to clean up the graffiti, or to pay for someone else to do so, the criminal defendant shall be responsible for the removal of the graffiti pursuant to this chapter. If the criminal defendant does not remove the graffiti, or pay for someone else to do so, within ten days of the time designated for removal of the graffiti by the court, or in the event of an unsuccessful appeal by the defendant, within ten days of the date on which defendant would be legally required to comply with the trial court’s order, the City Manager may require the property owner to remove the graffiti pursuant to this chapter. Nothing in this chapter shall prevent the property owner from taking legal action to recover the costs of removing the graffiti from the criminal defendant or the City and/or the property owner from taking other legal action against the criminal defendant.

(Ord. 1669, § 2 (part), 1994)

All remedies prescribed in this chapter shall be cumulative, and the use of any remedy by the City shall not bar the use of any other remedy authorized by the California Penal Code, any other statute of the State or other ordinances of the City.

(Ord. 1669, § 2 (part), 1994)

Any person who violates any provision of this chapter shall be guilty of an infraction and, upon conviction thereof, shall be punished as provided in Chapter 1.12.

(Ord. 1886, (part), 2001; Ord. 1669, § 2 (part), 1994)