Chapter 131 — PROPERTY OFFENSES

(A) Dropping objects from aircraft. No person in any aircraft flying within or over the city shall cause or permit to be thrown, discharged, or dropped within the city any object or thing except when such action is absolutely essential to the safety of the occupants of the aircraft, or except when such action is by authority of the federal government or the state. ('63 Code, § 4-1.01)

(B) Exceptions. The provisions of this section shall not apply to public aircraft of the federal government, the state, or a political subdivision of the state.

('63 Code, § 4-1.02)

(Ord. 2866, passed 6-6-61) Penalty, see § 10.99

GRAFFITI CONTROL REGULATIONS

(A) The purpose of this subchapter is to provide a program for removal of graffiti from walls and structures on both public and private property and to provide regulations designed to prevent and control the further spread of graffiti in the city. The increase of graffiti on both public and private buildings, structures and places is creating a condition of blight within the city which results in a deterioration of property and business values for adjacent and surrounding properties all to the detriment of the city. Allowing graffiti to remain increases the likelihood of additional graffiti being placed on the property. Graffiti constitutes not only unattractive blight but also increases the likelihood of criminal activity when left in place.

(B) The City Council finds and determines that graffiti is obnoxious and a public nuisance which must be abated so as to avoid the detrimental impact of such graffiti on the city and to prevent the further spread of graffiti.

(C) The City Council further finds that substantial amounts of graffiti are created by minors; that parents and guardians should be made responsible for the avoidance and removal of graffiti created by minors; and that penalties and requirements are needed to ensure that parents exercise appropriate control over and assume responsibility for the actions of minors under their control. While the property is a victim of the graffiti, where the responsible party fails to correct the defacing graffiti, it is always the duty of the property owner to remove graffiti as soon as reasonably possible.

(Ord. 639-C.S., passed 2-6-01)

For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

GRAFFITI. The unauthorized spraying of paint or marking or placing of ink, chalk, dye, wax, epoxy, gum, glue or other similar substances on public and private buildings, structures, places and vehicles.

GRAFFITI NUISANCE PROPERTY. Property upon which graffiti has not been abated after the date established pursuant to § 131.15

RESPONSIBLE ADULT. Any parent, guardian or other adult having responsibility, custody or control of an individual under the age of 18 years.

RESPONSIBLE PARTY. An owner, entity, or person acting as an agent for an owner by agreement, who has authority over the property or is responsible for the property's maintenance or management. (Ord. 639-C.S., passed 2-6-01)

(A) It is unlawful for any person to paint, chalk, or otherwise apply graffiti on public or privately owned permanent structures signs, areas, or surfaces located on public or privately owned real property within the city.

(B) It is a violation of this subchapter to allow a property to become a graffiti nuisance property and to not remove graffiti from the property within the time period provided in the Notice to Remove Graffiti.

(C) Violation of any provision of this subchapter shall be a misdemeanor.

(Ord. 639-C.S., passed 2-6-01)

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 so remove graffiti shall constitute an additional violation of this subchapter. Where graffiti is applied by juveniles, the parent or parents, or responsible adult or adults, shall be responsible for such removal and for the payment of all costs of any kind, direct or indirect, incurred by the city in affecting the removal of such graffiti.

(Ord. 639-C.S., passed 2-6-01)

Graffiti located on privately owned structures on privately owned real property within the city so as to be capable of being viewed by a person utilizing any public right-of-way or walkway open to the public in this city may be removed by the city at the owner's expense as a public nuisance pursuant to the provisions of §§ 131.16 to 131.20 (Ord. 639-C.S., passed 2-6-01)

Whenever the Chief of Police or designee is apprized of the presence of graffiti located on privately owned real property within the city, the Chief of Police or designee may cause a written notice to be served upon the owner/responsible party of the affected premises as such owner's name and address appears on the last equalized assessment roll by depositing a copy of the notice in the U.S. Postal Service enclosed in a sealed envelope and with the postage thereon fully pre-paid. The mail shall be registered or certified and addressed to said owner at the last known address of said owner, and if there is no known address, then in care of the property address. The service is complete at the time of such deposit. As an alternative to mailing the notice a copy of the notice may be personally served on the owner/responsible party. OWNER as used herein means any person in possession and also any person having or claiming to have any legal or equitable interest in said premises as described by a preliminary title search from any accredited title company. The failure of any person to receive such notice shall not affect the validity of any proceeding hereunder. The property owner shall have seven days after the date of the notice to remove the graffiti or be subject to city removal of the graffiti and assessment of the costs of such removal as a lien on the subject property. (Ord. 639-C.S., passed 2-6-01)

(A) The notice shall be substantially in the following form: NOTICE OF INTENT TO REMOVE GRAFFITI

Date:

NOTICE IS HEREBY GIVEN that you are required at your expense to remove or paint over the graffiti located on the property commonly known as , Eureka, CA, which is visible to public view, within seven (7) days after the date of this notice; or, if you fail to do so, then City employees or private City contractors will enter upon your property and abate the public nuisance by removal or painting over of the graffiti. The cost of the abatement by the City employees or its private contractors will be assessed upon your property and such costs will constitute a lien upon the land until paid.

All persons having any objection to, or interest in, said matters are hereby notified to submit any objections or comments to the Chief of Police for the City or their designee within seven (7) days from the date of this notice. At the conclusion of this seven (7) day period the City may proceed with the abatement of the graffiti inscribed on your property at your expense without further notice.

(B) Where the city has made reasonable efforts to provide notice in substantial compliance with this section, minor defects, omissions and/or inconsistencies in the form or language of the notice shall not invalidate the notice.

(Ord. 639-C.S., passed 2-6-01)

The service of this notice shall be made on the day the notice is dated and by affidavit filed with the City Clerk. The notice shall also be posted at a conspicuous place on the premises upon which the graffiti is inscribed. The posting of this notice shall be made on the day the notice is dated and by affidavit filed with the City Clerk.

(Ord. 639-C.S., passed 2-6-01)

If the owner, responsible party, responsible minor or adult fails to remove or cause the graffiti to be removed by the designated date, or such continued date thereafter as the Chief of Police or designee approves, then the Chief of Police or designee shall so notify the City Manager and the City Manager shall have the authority to cause the graffiti to be abated by city forces or private contract, and the city or its private contractor is expressly authorized to enter upon the premises for such purpose, and the City Manager or designee shall be authorized to obtain an abatement warrant and/or other appropriate order from a court of competent jurisdiction authorizing the city to affect such removal.

(Ord. 639-C.S., passed 2-6-01)

Should the city be required to abate the graffiti as a public nuisance, it shall be entitled to recover, from any person or persons responsible for placing the graffiti, from any property owner or owners on which the graffiti is located; and from any responsible party, any and all costs, direct or indirect, incurred by the city in affecting the removal of graffiti. (Ord. 639-C.S., passed 2-6-01)

(A) Whenever the cost of graffiti removal has not been paid in full within 90 calendar days from the date upon which such payment became due and payable, the finance officer may initiate proceedings to establish and record a lien against the property. (B) Prior to the recording of the lien, the finance officer shall prepare and file with the City Clerk a report stating, for each property for which a lien is proposed, the amount of the delinquent abatement cost, any applicable penalties and interest, and an administrative fee established by resolution of the City Council to recover the administrative costs incurred in recording the lien and carrying out the lien procedures of this subchapter.

(C) The City Clerk shall fix a time, date, and place for hearing by the City Council of the report and any protests or objections thereto.

(D) The finance officer shall cause written notice to be served on the owner of each affected property not less than ten days prior to the time set for the hearing. Such notice shall set forth the amount of the delinquent abatement cost and any penalties and interest which are due. Such notice shall be delivered by first-class mail, postage prepaid, addressed to each owner of such property to be assessed as that owner's address appears on the last equalized assessment roll or supplemental roll of the County of Humboldt, whichever is more current. Service by mail as provided for herein shall be effective on the date of mailing, and the failure of any person to actually receive such notice shall not affect the validity of the notice.

(E) At the conclusion of the hearing, the City Council may adopt a resolution confirming, discharging, or modifying the amount of the lien proposed for each affected property and order that the amount not discharged as to any property be reduced to a lien against that property.

(Ord. 639-C.S., passed 2-6-01)

Within 30 days following the adoption of a resolution by the city council imposing a lien, the Clerk shall file the same as a judgment lien in the office of the county recorder for the County of Humboldt, California. (Ord. 639-C.S., passed 2-6-01)

Once payment in full is received by the city for outstanding administrative fines, penalties, interest, and administrative fees, the finance officer shall provide the property owner or concerned escrow company or financial institution with a notice of satisfaction of lien for recordation with the office of the County Recorder. Recordation of the notice of satisfaction shall cancel the city's lien. (Ord. 639-C.S., passed 2-6-01)

(A) Upon conviction of any person for violation of any provision of this subchapter, or any state law pertaining to vandalism of property with a graffiti implement, the city may petition the sentencing court to impose community service time, pursuant to Cal. Penal Code § 640.6. The sentencing court may require the performance of community service within the city in addition to any monetary penalties imposed. In the event the sentencing court approves community service, in addition to any other community service time ordered by the court, the city may request any adult or emancipated minor convicted of vandalism, as defined by Cal. Penal Code § 594(a)(1) to complete a minimum of 24 hours, but not more than 48 hours, of community services cleaning up, removing and repairing property damaged by graffiti for the first conviction; and complete 48 hours, but no more than 96 hours, of community services cleaning up, removing and repairing property damaged by graffiti for each subsequent conviction.

(B) Any person who is under the age of 18 when he or she violates any provision of this subchapter or any state law pertaining to vandalism of property with a graffiti implement, and is found to be a person described in Cal. Welf. & Inst. Code § 602 by reason of the commission of vandalism, may be required to perform community service time pursuant to Cal. Welf. & Inst. Code § 728. For any minor adjudicated guilty of vandalism, the city may petition the juvenile court and the court may, in addition to any other penalties imposed by the city, require the unemancipated minor to provide the necessary labor to clean up, repair, or replace defaced, damaged or destroyed property, or otherwise make restitution to the property owner.

(C) If a minor is personally unable to pay any fine levied for violating any provision of this subchapter or is otherwise unable to make restitution for damages, the minor's parent or legal guardian shall be liable for payment of the fine or restitution. If the parent or legal guardian cannot make restitution, the sentencing court may waive payment of the fine or community service time by the parent or legal guardian upon finding of good cause. If the sentencing court waives payment of the fine by the parent or legal guardian, the city shall petition the sentencing court, and the court, at the court's option, may order the parent or legal guardian to provide the necessary labor, equal to the number of hours assigned to the minor adjudicated guilty of violating any provision of this subchapter to clean up, repair, or replace property damage by the unemancipated minor. (Ord. 639-C.S., passed 2-6-01)

The remedies provided in this subchapter shall be cumulative and in addition to other remedies and penalties available under provisions of applicable ordinances of the city and the laws of the state. (Ord. 639-C.S., passed 2-6-01)

For each conviction of a person aged 13 to 21 for violation of any provision of this subchapter or any state law pertaining to vandalism of property with paint, ink, or dye from an aerosol container, or with graffiti, the city may petition the sentencing court to suspend driving privileges or delay the issuance of driving privileges in accordance with Cal. Veh. Code § 13202.6 (Ord. 639-C.S., passed 2-6-01)

PRIVATE PROPERTY

(A) No person may remain upon any private property or business premises after being notified by the owner or lessee or other person in charge thereof to leave the premises.

• (B) No person, without the express or implied permission of the owner, the owner's agent, or the lessee, the lessee's agent, or other person in charge of private property or business premises, may re-enter any private property or business premises after having been notified by the owner, the owner's agent, or the lessee, the lessee's agent, or other person in charge thereof to keep off or keep away therefrom.

• (C) This section does not apply in any of the following instances:

• (1) Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person on account of that person's membership in a protected class, as defined in state or federal law;

• (2) Where its application results in or is coupled with an act prohibited by Penal Code § 365 or any other provision of law relating to duties of innkeepers and common carriers;

• (3) Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful activities;

• (4) Where more than 365 days have elapsed since the original notification to leave the premises or to keep off or keep away therefrom;

(5) Where its application would result in an interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech such as, but not limited to, peaceful expressions of political or religious opinions, not involving obstruction of a street, sidewalk, or other public area or disturbing the peace in violation of Penal Code § 415; or

• (6) Where the person who is upon another's private property or business premises is present under a claim of legal right in any of the following situations:

• (a) Marital and post-marital disputes;

• (b) Child custody or visitation disputes;

• (c) Disputes regarding title to or rights in real property;

• (d) Landlord-tenant disputes;

• (e) Disputes between members of the same family or between persons residing upon the property concerned up until the time of the dispute;

• (f) Employer-employee disputes;

• (g) Business-type disputes such as those between partners;

• (h) Debtor-creditor disputes; and

• (i) Instances wherein the person claims rights to be present pursuant to order, decree or process of a court.

• (Ord. 883-C.S., passed 12-4-18)