Eastvale Municipal Code Ch. 8.32 Graffiti Abatement

Footnotes:

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State Law reference— Power of municipality to provide for summary abatement of any nuisance resulting from the defacement of the property of another by graffiti or any other inscribed material at the expense of the minor, parent or guardian having custody and control of the minor, or other person creating, causing, or committing the nuisance, Government Code § 38772.

It is the purpose and intent of this chapter as authorized by Government Code § 53069.3 to provide a procedure for the removal of graffiti from walls and structures on both public and privately owned property in order to reduce blight and deterioration within the city and to protect and promote the public safety.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Graffiti means any unauthorized inscription, word, figure, mark, symbol or design that is written, marked, etched, scratched, drawn or painted on any structural component of any building, structure, sign or other facility, regardless of the nature of the material of that structural component.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) It is unlawful for any person to place graffiti upon any public or privately owned, permanent building, structure, sign or other facility located on publicly or privately owned real property within the city.

(b) No person owning or otherwise in control of any real property as tenant, occupant or otherwise within the city shall permit or allow any graffiti to be placed upon or remain on any permanent building, structure, sign, or other facility located on such property when the graffiti is visible from the street or other public or private property.

(c) Any person applying graffiti within the city shall have the duty to remove the same within 24 hours after notice by the city or the public or private owner of the property involved. Failure of any person to promptly so remove the graffiti shall constitute a separate and additional violation of this chapter. Where graffiti is applied by a person under the age of 18, the parent and/or guardian of such minor shall be responsible for the removal and for the payment therefor.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Whenever the city engineer or his designated representative, determines that graffiti is so located on public or private property within the city so as to be capable of being viewed by persons utilizing any public right-of-way in the city, the city engineer or his designated representative is authorized to provide for the removal of the graffiti at the city's expense, upon the following conditions:

(1) In removing the graffiti, the painting or repair shall be limited to the minimum necessary to properly restore the defaced area.

(2) Where a structure is owned by a public entity other than the city, the removal of the graffiti may be authorized only after securing the consent of the public entity having jurisdiction over the structure.

(3) When a structure is privately owned, the removal of the graffiti by city personnel or by a private contractor under the direction of the city shall be authorized only after securing the consent of the owner.

(4) Whenever graffiti has been removed from public or private property at the expense of the city, each person who placed any of the graffiti, and the custodial parents or guardians of any minor who placed any of the graffiti shall be legally responsible to reimburse the city for all costs for removal of such graffiti as well as for related staff investigation time.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-14, § 1, 2-8-2023)

Graffiti which the city engineer or his authorized representative had determined to exist on any permanent structure in the city and which is visible from a street or other public or private property is declared to be a public nuisance.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-14, § 1, 2-8-2023)

Property owners in the city may consent in advance to city entry onto private property for graffiti removal purposes. The city shall make available forms for such consent.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Where a structure is owned by a public entity other than the city, the removal of the graffiti may be authorized only after securing the consent of an authorized representative of the public entity having jurisdiction over the structure.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Any owner, lessee, occupant or other interested person having any objections or being aggrieved at any proceeding taken on appeal by the city council in ordering the public nuisance under the provisions of this chapter, must bring an action to contest such decision within 30 days after the date of such decision by the city council. Otherwise, all objections to such decision shall be deemed waived.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) Additional remedies, penalties and procedures for violation of this chapter and for recovery of costs related to enforcement are provided for in this Code.

(b) A person, convicted under this chapter may also be ordered to render community service, including, but not limited to, cleaning up, painting over, or otherwise removing his own graffiti and/or graffiti of others.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)