Chapter 9.30 — GRAFFITI

A.

The purpose of this chapter is to provide for the removal of graffiti or other inscribed material from public and private property within the city and to establish regulations designed to prevent and control the spread of graffiti in Grass Valley. Section 53069.3 of the Government Code authorized the use of city funds to provide for the removal of graffiti or other inscribed material.

B.

The city council finds and determines that graffiti on both public or private buildings, structures, and in other places, creates a condition of blight within the city which can result in the deterioration of property values, business opportunities, and enjoyment of life for persons using adjacent and surrounding properties. The city council further finds and determines that graffiti is inconsistent with the city's property maintenance goals, crime prevention programs, and aesthetic standards, and, unless graffiti is quickly removed from public and private properties, other properties soon become the targets of graffiti. The city council further finds and determines that graffiti or other inscribed materials is a public nuisance and is obnoxious and injurious to the public health, safety and welfare of the people of Grass Valley and, therefore, should be rapidly abated as provided in this chapter.

(Ord. 517 § 1 (part), 1995)

As used in this chapter "graffiti" means any form of painting, writing or inscription, regardless of the nature of the structural component or of the material used, which is placed upon any building, structure, fixture, sign or other facility in any location where it can be viewed from any public street, sidewalk, building, park or facility, and which is or appears to be unauthorized by the owner or lessee of the property where located.

(Ord. 517 § 1 (part), 1995)

It is unlawful for any person to place graffiti or other inscribed materials upon any surface of any building, structure, fixture, sign or other facility located on publicly or privately owned real property within the city.

(Ord. 517 § 1 (part), 1995)

It is unlawful for the person owning any real property within the city to permit or allow graffiti to remain upon their real or personal property when the graffiti is visible from any public street, sidewalk, building, park, or facility, or from any private property for a period exceeding seven days.

(Ord. 517 § 1 (part), 1995)

Whenever the chief of police or designee determines that graffiti exists and has remained for more than seven days on any permanent structure in the city which is visible from any public street, sidewalk, building, park or facility or from any private property the chief of police or designee shall immediately notify the owner(s) of such property and may notify the person(s) in possession or control of such property, if different from owner(s), to remove or paint over the graffiti or to consent to the removal of the graffiti by the city. The removal shall be accomplished or consent given within seven days after receipt of such notification or within seven days after the notice is deemed to have been received in the event notice is mailed pursuant to the provisions of Section 9.30.070 of this chapter.

(Ord. 517 § 1 (part), 1995)

A.

The chief of police or designee shall coordinate with the property owner solutions for removal of the graffiti.

B.

Considerations for removal shall attempt to minimize expense to both the city and the property owner.

C.

Options may include:

Material expense sharing between the city and the property owner;

Nevada County juvenile release work force labor;

Discount material assistance;

Worker's Compensation Insurance coverage for volunteers or juvenile release work force labor;

Combinations of all options noted.

D.

When volunteers at juvenile work force persons are utilized, individuals performing the work shall be well- versed in removal procedures and the use of chemicals shall not be allowed.

(Ord. 517 § 1 (part), 1995)

The notice to remove graffiti or consent to the removal pursuant to Section 9.30.050 of this chapter shall be served upon the owner(s) of the affected premises, as such owner's name and address appears on the last equalized property tax assessment rolls of the County of Nevada. If there is no known address for the owner, the notice shall be sent in care of the property address. The notice required by this chapter may be served in any one of the following manners:

A.

By personal service on the owner of the property;

B.

By registered or certified mail addressed to the owner at the last known address of such owner. If this address is unknown, the notice will be sent to the property address.

The notice shall be substantially in the following form:

 "NOTICE OF INTENT TO REMOVE OR CONSENT TO REMOVAL OF GRAFFITI

 Date: ________

 NOTICE IS HEREBY GIVEN that you are required by law to remove or paint over the graffiti located on the property commonly known as ___________ Grass Valley, California, which is visible to public view, within seven (7) days after the date of this notice. As an alternative, you may provide written consent to authorize city employees or a private contractor approved by the city to enter upon your property and remove the graffiti through the city Graffiti Removal program. A consent form is attached and must be returned within seven (7) days after the date of this notice. If you fail to remove the graffiti or return the signed consent form within the specified time, the graffiti will be declared a nuisance under Chapter 9.28 of the Grass Valley Municipal Code and will be removed at your expense. The cost of the removal of the graffiti by City employees or its contractor pursuant to Chapter 9.28 of the Grass Valley Municipal Code will be assessed upon your property, and such costs will constitute a lien upon the land until paid and will be collected upon the next tax roll upon which real property taxes are collected.

 As owner of the land on which the graffiti is located, you are hereby notified that you may, within seven (7) days after the mailing/service of this Notice of Intention, request a public hearing and if such request is not received by the Chief of Police within such seven (7) day period, the Chief of Police shall have the authority to abate and remove the graffiti as a public nuisance and assess the costs as aforesaid without a public hearing."

(Ord. 630 § 1, 2003; Ord. 517 § 1 (part), 1995)

Any city official or employee may report to the city council the existence of graffiti on private property which constitutes a public nuisance pursuant to Chapter 9.28 of this code whenever the owner of the property fails to comply with the notice to remove or consent to the removal of graffiti provided in Section 9.30.070 of this chapter.

(Ord. 517 § 1 (part), 1995)

Except as provided in Section 9.30.080, upon the written consent of the owner of private property or the consent of an authorized representative of a public entity having jurisdiction over the property as provided in Section 9.30.100 and Section 9.30.110, respectively, of this chapter, city employees are authorized and directed to cause graffiti to be removed by city forces or private contract. All reasonable efforts shall be

taken by the city to use paint to obliterate graffiti that is as close as practicable to background color(s). The city or its private contractor shall be subject to the following criteria:

A.

The graffiti is visible from the street or other public or private property;

B.

Prior to the removal of graffiti the city shall obtain written consent of the public entity having jurisdiction over the structure, and, in the case of a privately owned structure, only after securing the written consent of the owner;

C.

Only the graffiti itself shall be removed or painted over. Painting or repair of a more extensive area is prohibited.

(Ord. 517 § 1 (part), 1995)

Property owners in the city may consent in advance to city entry onto private property for graffiti removal purposes. The city will make forms for such consent available. The consent may be given to remove currently existing graffiti only or to remove any future graffiti that may be placed on the property for a period not to exceed two years.

(Ord. 517 § 1 (part), 1995)

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. The consent may be given to remove currently existing graffiti only or to remove any future graffiti that may be placed on the property for a period not to exceed two years.

(Ord. 517 § 1 (part), 1995)

The city may appropriate money to finance materials for the removal of the graffiti from publicly or privately owned permanent structures located on public or privately owned real property within the city, subject to the following criteria:

A.

The graffiti is visible from the street or other public or private property;

B.

Prior to the removal of graffiti the city shall obtain written consent of the public entity having jurisdiction over the structure, and, in the case of a privately owned structure, only after securing the written consent of the owner;

C.

Only the graffiti itself shall be removed or painted over. Painting or repair of a more extensive area is prohibited.

(Ord. 517 § 1 (part), 1995)

The city offers a reward of one hundred dollars or such other sum as council may direct for information leading to the arrest and filing of criminal charges of any person injuring, defacing or destroying property by the application of graffiti in violation of Section 9.30.030 of this chapter.

(Ord. 517 § 1 (part), 1995)

In addition to any other penalties and as restitution for a violation of Section 9.30.030 of this chapter, a violator may be required to pay the person owning or otherwise in control of any real property or the city, as the case may be, for the costs of repairing any damages to property caused by that violator's unlawful conduct. When the violator is a person under eighteen years of age, any parent, guardian, or other person having legal custody of the violator and who fails or neglects to exercise reasonable supervision and control of the conduct of the violator shall be liable in a civil action for damages caused by the violator.

(Ord. 517 § 1 (part), 1995)

The procedures set forth in this chapter are not exclusive and nothing contained herein shall be deemed to preclude the city attorney from initiation of any civil or criminal action or from the pursuit of any available remedy.

(Ord. 517 § 1 (part), 1995)

Any person violating any of the provisions of Section 9.30.030 shall be guilty of a misdemeanor. Any person violating or failing to comply with any of the remaining provisions of this chapter shall be guilty of an infraction. Upon conviction said person shall be punished as provided in Section 1.12.020 of this code.

(Ord. 517 § 1 (part), 1995)