Hawaiian Gardens Municipal Code Ch. 6.36 Graffiti

The purpose of this section is to help prevent the spread of graffiti and to establish a program for its removal from public and private property. The spread of graffiti on both public and private buildings, structures or places causes 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. The City Council finds and determines that graffiti is obnoxious and a public nuisance which must be abated to avoid the detrimental impact of graffiti on the City and to prevent the further spread of graffiti. The City Council further finds that the application of graffiti, as defined in Section 6.36.020, is willful misconduct which damages or destroys property. Government Code Section 53069.3 permits the use of City funds to remove graffiti from public or privately owned permanent structures located on public or privately owned real property in the City.

(Ord. 414 § 2, 1993)

Aerosol paint container means any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substance capable of defacing property.

Felt tip marker means any indelible marker or similar implement with a tip, which is greater than one-eighth inch, at its broadest width containing an ink that is not water soluble.

Graffiti means any unauthorized inscription, work, figure or design that is marked, etched, scratched, drawn or painted on any surface of public or private buildings, structures and places.

Graffiti implement means a marking pen with a tip exceeding four millimeters in width containing anything other than a solution which can be removed with water after it dries; a paint stick; any spray container containing any fluid which will leave a permanent mark after it dries, other than an aerosol container of paint, or a deodorant stick, or a deodorant roll-on, which has been modified with an opaque colorant.

Lot means a lot, parcel, tract, premises or piece of land, improved or unimproved, in the City.

Owner, as used in the section, means any person so designated on the last equalized assessment roll, and also any person having, or claiming to have, any legal or equitable interest in the premises.

Paint graffiti stick means any device containing a solid form of paint, chalk, wax, epoxy or other similar substance that is not water soluble and is capable of being applied to a surface by pressure, and upon application, leaving a mark.

(Ord. 414 § 2, 1993)

It is unlawful for any person to paint, chalk, etch or otherwise apply graffiti on public or privately owned buildings, permanent structures or places located on public or privately owned property within the City.

(Ord. 414 § 2, 1993)

No person shall have in his/her possession any graffiti implement while in any public park, public playground, public swimming pool, public recreational facility or any public right-of-way in the City. This section shall not apply to authorized employees of the City, or authorized employees of any individual, agency or company under contract with the City.

(Ord. 414 § 2, 1993)

It is unlawful for any person to carry on his/her person and in plain view to the public a graffiti implement while in any posted public facility, park, playground, swimming pool or recreational area, other than a highway, street, alley or way, unless he/she has first received valid authorization from the governmental entity which has jurisdiction over the public area. As used in this section, "posted" means a sign placed in a reasonable location or locations stating it is a misdemeanor to possess a graffiti implement in such a public facility, park, playground, swimming pool or recreational area without valid authorization, as per California Penal Code 594.1(d).

(Ord. 414 § 2, 1993)

It is unlawful for any person under the age of 18 years to possess a graffiti implement for the purpose of defacing property while on any public highway, street, alley or way, or other public place, regardless of whether that person is not in any automobile, vehicle or other conveyance.

(Ord. 414 § 2, 1993)

The existence upon any lot of graffiti is expressly declared to be a public nuisance, and it shall be the duty of both the owner of the lot, and any person who may be in possession, or who has a right to such possession, to at all times keep such a lot clean and free from graffiti.

(Ord. 414 § 2, 1993)

Graffiti may be removed by any of the following methods:

A. Any person applying graffiti within the City shall have the duty to remove the same within 24 hours after notice by the City to the public or private owner of the property involved. Failure of any person to so remove graffiti shall constitute an additional violation of the section. Where graffiti is applied by a minor, his/her parent(s) or legal guardian(s) shall be responsible for such removal or for the payment thereof.

B. Whenever the City Administrator, or his/her designated representative, determines that graffiti is so located on public or privately owned structures on public or privately owned real property within this City so as to be capable of being viewed by a person utilizing any public right-of-way in this City, the City Administrator, or his/her designated representative, is authorized to provide for the removal of the graffiti solely at the City's expense, without reimbursement from the property owner upon whose property the graffiti has been applied upon the following conditions:

1. In removing the graffiti, the painting and/or repair of an area more extensive than where the graffiti is located shall not be authorized, except where the structure or property is City-owned and the City Administrator, or his/her designee, determines that a more extensive area is to be repainted and/or repaired, or where the private property owner or other public entity owner, agrees to pay for the costs of repainting and/or repairing a more extensive 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 and release of the City from liability.

3. When a structure is privately owned, the removal of graffiti by City forces or by a private contractor under the direction of the City may be authorized only after securing the written consent of the owner and release of the City from liability.

C. At the City's option, or if a private property owner's consent cannot be granted, graffiti which is located on privately owned permanent structures on privately owned real property within the City and which can be viewed by a person utilizing any public right-of-way in the City may be removed by the City at the owner's expense as a public nuisance pursuant to the following provisions:

1. The City Administrator, or his/her designated representative, shall cause written notice to be served upon the owner of the affected premises, as such owner's name and address appears on the last equalized assessment roll, by depositing the notice in the U.S. Postal Service enclosed in a sealed envelope with first-class postage thereon fully prepaid. The mailed notice shall be certified and addressed to the owner as stated above, and if there is no known address, then in care of the property address. Service shall be complete at the time of deposit in the U.S. Postal Service. The failure of any person to receive such notice shall not affect the validity of any preceding hereunder. The owner shall have five days after the date of service 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.

2. The notice shall be on City letterhead in substantially the following form:

NOTICE OF INTENT TO REMOVE GRAFFITI

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 Hawaiian Gardens, California, which is visible to public view, within five days after the date of this notice. The graffiti is visible to public view and, therefore, constitutes a public nuisance. If you fail to comply with this order, City employees, or private City contractors, will enter upon your property and abate the public nuisance by the removal of 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 objections to, or interest in, said matters are hereby notified to submit any objections to the City Administrator, or his/her designated representative, within five days from the date of this notice.

At the conclusion of this five-day period, the City may proceed with the abatement of the graffiti on your property at your expense without further notice.

3. Service of the notice by the City Administrator, or his/her designated representative, shall be made on the day the notice is dated and by affidavit, the original of which shall be filed with the City Clerk.

4. If any objections are submitted to the City Administrator within five days after the date appearing on the notice of intent to remove graffiti, the City Administrator, or his/her designee, shall hold a hearing on the objections. If the City Administrator overrules his/her objections, the owner shall have five days from the date of the City Administrator's decision to remove the graffiti. The owner may appeal the City Administrator's decision to the City Council. The City Council shall hold a hearing as soon as reasonably practical. Its decision shall be final.

5. If no objections are submitted as set forth in subsection 4. above, or if the objections are overruled following the hearing, and if the owner fails to remove or fails to cause the graffiti to be removed by the designated date, or such continued date thereafter as the City Administrator, or his/her designated representative, approves, then the City Administrator, or his/her representative, shall 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 purposes.

6. Should the City Administrator be required to abate the graffiti as set forth in subsection 5. above, he/she shall thereafter follow the procedures set forth regarding the recovery of costs of abatement, through assessment of the costs of abatement against the property as a lien. The notice of lien for purposes of this section shall be in substantially the following form:

NOTICE OF LIEN (Claim of the City of Hawaiian Gardens)

Pursuant to Government Code Section 25848 and the authority of Section 6.36.050 of the Hawaiian Gardens Municipal Code, the City Administrator of the City of Hawaiian Gardens did on or about ___ day of _______, 20___, cause the painting over or removal of graffiti at the premises hereinafter described to abate a public nuisance on said real property; and the City Administrator of the City of Hawaiian Gardens did on the ___ day of _______, 20___, assess the cost of such abatement upon the real property hereinafter described; and the same has not been paid, nor any part thereof; and that said City of Hawaiian Gardens does hereby claim a lien for such costs of abatement in the amount of said assessment, to wit: the sum of ___________ dollars; and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Hawaiian Gardens, County of Los Angeles, State of California and particularly as follows:

(description)

Dated this ___ day of _______, 20___.

_____

City of Hawaiian Gardens, California Title of Authorized Signature

_____

City Administrator, City of Hawaiian Gardens, California

(Ord. 414 § 2, 1993)

Pursuant to Government Code Section 53069.5, the City Council may, by resolution, establish a reward for information leading to the identification, apprehension or conviction of any person who places graffiti upon any public or private property in the City. In the event of damage to public property, said resolution may require that the convicted offender reimburse the City for any reward paid, and may place responsibility for reimbursement of such reward upon the parent(s) or legal guardian(s) of any unemancipated minor so convicted.

(Ord. 414 § 2, 1993)

On and after July 10, 1993, every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers, or marker pens with tips exceeding four millimeters in width, containing anything other than a solution which can be removed with water after it dries, or paint sticks, shall store or cause such aerosol containers, marker pens or paint sticks, to be stored in an area viewable by, but not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such marker pens, paint containers or paint sticks.

(Ord. 414 § 2, 1993)

In addition to other penalties under State law which may be applicable, any violation of this chapter shall be a misdemeanor offense punishable by either six months in jail, a $1,000.00 fine, or both such fine and imprisonment.

(Ord. 414 § 2, 1993)