East Palo Alto Municipal Code Ch. 8.36 Graffiti Deterrence and Removal

The city council finds and determines as follows:

A. Graffiti constitutes a form of serious visual blight that degrades the appearance of the community, the value of property, and the quality of life.

B. Graffiti often is associated with gang membership and activity. The removal of such graffiti therefore is necessary as a crime abatement measure and to symbolize the community's opposition to the presence of criminal gangs within the city.

C. Because of the detrimental effect of graffiti upon the community as a whole and its negative impact upon persons who live and work within the city, the existence of graffiti is found and declared to be a public nuisance.

D. Removal of graffiti can be accomplished through the services of community volunteers, thereby minimizing the financial burden otherwise imposed upon the city and the owners of property on which graffiti is located. Such volunteer efforts will be promoted and facilitated by declaring graffiti to be a public nuisance and establishing a procedure for its abatement.

(Ord. 139 § 1, 1992)

As used in this chapter, "graffiti" means any unauthorized inscription, word, figure, design or writing which is marked, drawn, painted, etched or scratched on any building, structure, fence, wall, street or sidewalk.

(Ord. 139 § 2, 1992)

A. The exterior of all privately owned buildings, structures, fences and walls shall be kept free from graffiti which is visible from any public street, sidewalk, trail, path or alley. Any owner of private property on which graffiti is displayed shall remove the graffiti by washing, painting, sandblasting, chemical treatment, or such other method as will completely and uniformly cover or obscure the graffiti.

B. It is unlawful for the owner or person in control of any private property to allow any graffiti to remain thereon which is visible from any public street, sidewalk, trail, path or alley, if, within thirty (30) days after receiving an order from the city to remove such graffiti, the owner or person in control of the property fails or refuses to either perform such removal or to consent to such removal being performed by the city.

C. Any person who fails to comply with this section shall be guilty of a misdemeanor.

(Ord. 139 § 3, 1992)

A. A written order to remove graffiti may be issued by the city manager, or the Manager's designated representative. The order shall be either personally delivered to the owner, manager, or other person known to be in control of the property, or shall be sent by certified mail, return receipt requested, to the property owner at such owner's address as shown on the most recently adopted assessment roll available to the city. If the order is mailed, a copy thereof shall also be posted at a conspicuous place upon the property.

B. The order shall describe the graffiti to be removed and its location upon the property, and shall indicate a date by which the removal work must be completed, which shall be at least thirty (30) days from the date of the order. The order may contain an offer for such graffiti to be removed by the city, or its authorized representatives or volunteers, upon the granting of a written consent by the owner or person in control of the property for such removal work to be performed. If such voluntary written consent is granted, no charges for the abatement costs shall be billed to the property owner under subsection C and no special assessment for such costs shall be levied against the property under Section 8.36.050.

C. In the event the owner or person in control of the property does not complete the removal work within the time specified in the order, or does not grant written consent for such work to be performed by the city, the city or its authorized representatives may enter upon the property and remove or otherwise eliminate or abate the nuisance. Abatement may be accomplished by the city's own forces or by independent contractors or volunteers or any combination thereof. Upon completion of the work, all abatement costs, including administrative expenses, shall be billed to the property owner. The billing shall include an itemized description of the graffiti that was removed, the date when such work was performed, and a listing of all costs and expenses being charged to the owner for performance of the work.

(Ord. 139 § 4, 1992)

A. In the event the billing for abatement costs is not paid in full within thirty (30) days after being submitted to the property owner, the city manager may at any time thereafter initiate special assessment proceedings before the city council. The city manager shall furnish a written report to the city council showing the graffiti removal work performed by the city, or its representatives, and all abatement costs to be levied as a special assessment against the property on which the graffiti was located, including, but not limited to, labor, materials, and general city overhead, together with any costs payable to the county of San Mateo for administration and collection of the special assessment.

B. The city council shall conduct a public hearing on the city manager's report and written notice thereof shall be mailed to the property owner, at such owner's address as shown on the most recently adopted assessment roll available to the city, not less than ten days prior to the hearing. The notice shall be accompanied by a copy of the city manager' report the city council.

C. At the time stated in the notice of the public hearing, the city council shall review and consider the city manager's report and shall hear any objections of the owner of the property to be assessed for the abatement costs. The city council may allow or overrule any objections to the proposed assessment. If no objections have been made, or if the city council has overruled those made, the city council shall, by resolution, confirm the city manager's report as submitted or as modified by the council. Such resolution shall levy a special assessment against the property for the amount of abatement costs as confirmed by the city council, plus administration and collection costs payable to the county.

D. The city manager may receive payment in full of the abatement costs levied against a parcel of land at any time after confirmation of his report by the city council and prior to the filing of the council resolution with the county tax collector.

E. If the abatement costs have not been paid in full, the city clerk shall transmit a certified copy of the resolution confirming the same to the county tax collector, who shall add the amount of abatement costs, or the unpaid portion thereof, to the next regular tax bill as a special assessment for municipal purposes levied against the property on which the nuisance was abated. The amount of the assessment shall be collected at the time and in the manner as ordinary municipal taxes. If such assessment is delinquent, the amount shall be subject to the same interest and penalties and procedure of foreclosure and sale provided for ordinary municipal taxes.

(Ord. 139 § 5, 1992)