El Cerrito Municipal Code Ch. 8.42 Graffiti Abatement

The city council hereby declares that graffiti is blight and a public nuisance and is therefore subject to abatement as prescribed in Chapters 1.08 and 1.14 the El Cerrito Municipal Code.

The purpose of this chapter is to provide tools for the removal of graffiti, including a voluntary program to assist in the removal of graffiti from public and private property within the city.

(Ord. No. 2018-01 § 2, 2-6-2018)

For the purposes of this chapter, the following definitions shall apply:

"Graffiti" includes any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on any real or personal property without the permission of the property owner or responsible party.

"Responsible party" means any occupant, lessor, lessee, manager, licensee, or other person having control over real or personal property. A responsible party also includes the public or private property owner, as listed in the most current equalized assessment role as maintained by the Contra Costa County's assessor.

(Ord. No. 2018-01 § 2, 2-6-2018)

The city council hereby declares that graffiti is a public nuisance and is subject to abatement as prescribed in this code.

(Ord. No. 2018-01 § 2, 2-6-2018)

A. It is unlawful for any person to apply graffiti upon any property within the city.

B. It is unlawful for any responsible party or any other person owning or otherwise being in control of any real or personal property within the city to maintain, permit or allow any graffiti to remain upon such property when the graffiti is visible from the street or other public or private property.

(Ord. No. 2018-01 § 2, 2-6-2018)

A. Violations of this chapter may be enforced by either compliance with the provisions of this chapter or pursuant to the administrative procedures contained in El Cerrito Municipal Code Chapter 1.14. Violations which result in administrative citations may be appealed pursuant to El Cerrito Municipal Code section 1.14.080.

B. The criminal citation procedures contained in El Cerrito Municipal Code Section 1.08 shall apply to violations of this chapter. Violations which result in criminal citations shall be deemed infractions unless deemed a misdemeanor by the city attorney.

(Ord. No. 2018-01 § 2, 2-6-2018)

A. Removal by Responsible Party.

1. It is the responsibility of the responsible party to remove graffiti from their property.

2. It is unlawful for any responsible party to permit graffiti that has been applied on property to remain for a period of ten calendar days after having been given notice of the violation. The city shall provide written notice of the graffiti to the responsible party pursuant to Chapter 1.14 (Administrative Penalties). The notice shall include information regarding the right to an appeal.

B. Removal of Graffiti by City.

1. As an alternative to process described in Chapter 1.14, the city may remove graffiti with the consent of the responsible party pursuant to Section 8.42.070 as part of a graffiti abatement program, administration of which is at the discretion of the city.

(Ord. No. 2018-01 § 2, 2-6-2018)

A. Responsible parties may consent in writing to allow city staff or designees to enter onto their property for graffiti removal purposes. Responsible parties shall be responsible for and shall reimburse to city the costs of abatement services and related administrative costs. Failure of a responsible party to reimburse the city in a timely manner will result in the forfeiture of the responsible party to participate in the graffiti abatement program.

B. The graffiti abatement program is offered by the city as time and resources of the city allow. Failure of the city to not remove graffiti does not waive the requirement of the responsible party to abate graffiti within ten calendar days of receipt of notice listed in 8.42.060.

C. Consent Forms. Consent forms may be obtained from the city of El Cerrito Community Development Department.

(Ord. No. 2018-01 § 2, 2-6-2018)

A. Securing Responsible Party's Consent. In the event that the property owner or responsible party fails to remove graffiti within the time provided or to file a timely appeal, the city may initiate removal of the graffiti. Prior to entering upon private property or property owned by a public entity other than the city for the purpose of removal of graffiti, the city shall attempt to secure the consent of the responsible party.

B. Abatement without Responsible Party's Consent. If the responsible party has refused to give consent to the city for entry on terms acceptable to the city, consistent with the provisions of this section, the city may commence abatement of graffiti nuisance and recovery of the expense of abatement proceedings, including but not limited to obtaining a warrant to enter upon the property and perform the work pursuant to the provisions set forth in the Code of Civil Procedure (commencing at California Code of Civil Procedure Section 1822.50).

(Ord. No. 2018-01 § 2, 2-6-2018)

TITLE 8 FOOTNOTES

1. For the statutory provisions authorizing local government units to enforce standards of sanitation and health in food facilities, see state Health and Safety Code Section 27500, et seq.

2. For statutory provisions requiring cities to preserve and protect the public health and regulate local sanitary matters, see state Health and Safety Code Section 500.

3. For the statutory provisions authorizing cities to contract for garbage and rubbish disposal and to prescribe terms for such services, see state Health and Safety Code Section 4250.

4. For statutory provisions authorizing cities to compel owners or controllers of property to remove weeds, etc., see state Government Code Section 39501.