Davis Municipal Code Art. 25.03 Removal and Abatement

The city 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 according to the provisions and procedures contained in this chapter.

(Ord. 1706 § 1)

Any person applying graffiti within the city shall have the duty to remove the same immediately, but not longer than seventy-two hours after notice by the city or the public or private owner of the property involved. Failure of any person to so remove graffiti shall constitute a separate violation and, upon conviction thereof, shall be punished by a fine not exceeding two hundred fifty dollars for a first violation, three hundred fifty dollars for a second violation within one year, and four hundred fifty dollars for each additional conviction within one year. Every day that such graffiti is not removed after notice shall constitute a separate offense.

(Ord. 1706 § 1)

Graffiti located on privately or publicly owned property within the city so as to be capable of being viewed by a person utilizing any public right-of-way, may be removed by the city at the owner's expense as a public nuisance after service of a notice to abate as herein set forth.

(Ord. 1706 § 1)

(a) Whenever the city is apprised of the presence of graffiti located on privately or publicly owned property within the city, the city shall serve a written notice to abate such graffiti upon the owner of the affected premises as such owner's name and address appears on the last equalized assessment roll or the supplemental roll, whichever is more current.

(b) Contents of notice. The notice shall be substantially in the form of Attachment 1. The notice to abate the graffiti shall set forth the following:

(1) The street address, legal description or other description sufficient to identify the premises affected;

(2) The length of time permitted for voluntary abatement of the graffiti;

(3) A statement that the property owner may, during the abatement period, file a request for hearing if the owner disagrees with the demand to abate the graffiti;

(4) A statement that if the graffiti is not voluntarily abated within the stated period, the city will abate the graffiti and that the costs of such abatement shall become a charge against the premises and shall be a lien against the premises.

(c) Service of notice.

(1) The notice to abate the graffiti shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Yolo County pursuant to Government Code Section 6062.

(2) The failure to make or attempt such service on any person as required herein shall not invalidate any proceedings under this chapter as to any other person duly served.

(Ord. 1706 § 1)

(a) A request for hearing must be received by the human relations coordinator or his or her designated representative within seven days. The human relations coordinator shall set a time and date for hearing and notify the person requesting the hearing of the time, date, and place. The hearing shall be before an administrative hearing officer. The hearing shall be an informal opportunity for the person requesting the hearing to present his or her arguments against the requirement to abate the graffiti at his or her expense.

(b) At the hearing, the administrative hearing officer shall render a decision, in writing, upholding or denying the requirement of abatement. If the requirement is upheld, the decision shall contain an order to abate and a deadline for abatement, and shall be served on the person requesting the hearing by U.S. mail. The decision of the administrative hearing officer shall be final.

(Ord. 1706 § 1)

(a) If the graffiti is not completely abated by the owner or occupier of the premises within the time prescribed in the notice to abate or, if the owner timely requested a hearing, within the time prescribed in that hearing's final decision, the city manager or his or her designated representative is authorized and directed to cause the graffiti to be abated by city personnel or private contract, and the city, or its private contractor, is expressly authorized to enter upon the premises for such purposes.

(b) The city manager or his or her designated representative, shall keep an account of the costs and expenses, including all direct and indirect costs and expenses in abating such graffiti, and shall render a statement of such costs to the person or persons receiving the notice to abate. Such person or persons receiving the notice to abate shall be liable to the city for any and all costs and expenses to the city involved in abating the graffiti.

(c) If all or any portion of the costs and expenses incurred by the city in abating the graffiti and accounted for by the city manager remain unpaid after thirty days, pursuant to authority created by law, including Government Code Section 38773, et seq., such portion thereof as remains unpaid shall constitute and is declared to constitute a lien on the real property which was the subject of notice to abate. The city manager shall present a resolution of lien to the city council, and upon passage and adoption thereof, shall cause a certified copy thereof to be recorded with the Yolo County recorder's office.

(Ord. 1706 § 1)

Whenever the city determines that graffiti is so located on public or privately owned structures on public or privately owned real property within the city so as to be capable of being viewed by a person utilizing any public right-of-way, the city may authorize the removal of the graffiti solely at the city's expense, without reimbursement from the property owner upon whose property the graffiti has been applied upon the following conditions:

(a) The administrative hearing officer, pursuant to a hearing under Section 25.03.050, determines that the owner of the affected property is unable to remove the graffiti due to extreme financial or physical hardship;

(b) In removing the graffiti the painting or repair of a more extensive area shall not be authorized;

(c) When a structure is owned by a public entity other than the city, the removal of the graffiti may not proceed until after securing the consent of the public entity having jurisdiction over the structure;

(d) When a structure is privately owned, the removal of the graffiti by city forces or by a private contractor under the direction of the city may not proceed until after securing the consent of the owner and a release of the city by the owner from liability for private or public property or liability damage. Such release shall be substantially in the form of Attachment 2.

(Ord. 1706 § 1)