Hillsborough Municipal Code Ch. 8.18 Graffiti

The purpose of this Chapter is to prevent and control the spread of graffiti in the Town and to provide a program for removal of graffiti from walls and structures on both public and private property in a timely manner. The City Council hereby adopts this Chapter pursuant to Government Code Section 53069.3 which authorizes cities to use public funds to remove graffiti or other inscribed material from public and private property.

(Ord. 532, 01/10/94)

Graffiti on public or private property is a blighting factor which both depreciates the value of the property which has been the target of such vandalism and also depreciates the value of adjacent and surrounding properties. In so doing, graffiti has a negative impact upon the entire community.

Further, the existence of graffiti tends to encourage other acts of malicious vandalism and may breed community discontent leading to other forms of criminal activity. The Council finds and determines that the graffiti is obnoxious and a public nuisance and that, unless it is removed expeditiously from public and private property, it tends to remain. Other properties then become the target of graffiti with the result that entire neighborhoods are affected and the entire community depreciates in value and becomes a less desirable place to live.

(Ord. 532, 01/10/94)

(a) "Graffiti" means any unauthorized inscription, word, figure, or design that is marked, drawn, etched, scratched, painted, or applied, using any substance, material, means, or instrument, on any structural component (or any other part) of any public or private building, structure, or other facility, regardless of the nature of the material of that structural component or other part.

(b) "Obnoxious graffiti" means having any of the following characteristics:

(1) Being insulting or threatening to, or inciting hatred of or contempt for, any racial, religious or ethnic group, any other identifiable group, or any identifiable individual;

(2) Including or referring to the name of any gang or gang-like group or including words or symbols associated with any gang or gang-like group;

(3) Containing obscene or indecent language or pictures;

(4) Constituting an eyesore (defined as "offensive to view") to the neighborhood or tending to attract more graffiti.

(Ord. 532, 01/10/94)

(a) It is unlawful for any person to apply graffiti on any public or privately owned permanent structure located on public or privately owned real property within the Town.

(b) It is unlawful for the owner, occupant, manager, or other person in control of a lot or parcel of real property within the Town to permit obnoxious graffiti to remain upon such lot or parcel or upon any permanent structure located on such lot or parcel for a period in excess of those prescribed in this Chapter.

(Ord. 532, 01/10/94)

(a) Whenever graffiti located on public or privately owned permanent structures, or on public or privately owned real property within the Town, which is visible either from any public right of way or from any other public or private property, the Chief of Police of the Town or his or her designee is authorized to provide for the removal of the graffiti in accordance with state law and established Town procedures. Such action by the Chief of Police or his or her designee shall be deemed to be the "finding" required by Government Code § 53069.3 that the graffiti in question is obnoxious. All references to graffiti hereafter in this Section shall be deemed to be to graffiti which has been "found" to be obnoxious as described above.

(b) The Town shall remove graffiti found on Town property as soon as practical.

(c) The Town shall remove graffiti found on property owned by a public entity other than the Town after the Town has secured consent from the public agency having jurisdiction over the structure or real property on which the graffiti is located. The removal shall be at no cost to such public entity.

(d) Regarding graffiti on property owned by a public utility (for example, PG&E), the Town shall promptly notify the public utility by telephone that the graffiti exists and must be promptly removed by the public utility at the public utility's expense. The Town and the public utility shall agree on a deadline for removal not to exceed three (3) calendar days after the telephone notification.

(e) (i)

Regarding graffiti on private property not described in subparagraph (d), the Town shall conspicuously post on the property a written notice stating that the graffiti exists and must be removed by the owner, occupant, manager, or other person in control of the property by the end of the second business day following the date of posting. The same notice shall be mailed by the Town to the owner of record of the property. The notice shall note the date of posting and mailing and shall state that failure to comply will cause the Town to enter the property and clean off, paint over, or otherwise remove the graffiti at Town expense.

(ii) The owner, occupant, manager, or other person in control of the property may file a written objection by the end of the second business day following the date of posting and mailing of the notice, objecting to the removal of graffiti by the Town. The posted and mailed notice shall explain the procedure and deadline for filing a written objection.

(iii) If the property is occupied by other than the owner of record, the occupant, manager, or other person in control of the property shall immediately contact the owner and verify that the owner is aware of the notice and its contents. The posted notice shall direct that this be done.

(iv) Failure of the owner, occupant, manager or other person in control of the property to file a written objection to the removal of graffiti by the Town by the end of the second business day following the date of posting and mailing of the notice shall be conclusively presumed to be consent by the owner, occupant, manager, or other person in control of the property to the Town's entering the property and removing the graffiti.

(v) If the graffiti is not removed and no objection is filed, the Town may enter the property and remove the graffiti at no cost to the property owners.

(Ord. 536, 03/14/94; Ord. 532, 01/10/94)

In the event that the owner, occupant, manager, or other person in control of a property where graffiti has been found files a written objection under Section 8.18.050(e)(ii), the owner, occupant, manager, or other person in control of the property shall remove the graffiti at private expense within forty-eight (48) hours after filing such written objection.

(Ord. 536, 03/14/94; Ord. 532, 01/10/94)

In the event that the owner, occupant, manager, or other person in control of a property where graffiti has been found files a written objection under Section 8.18.050(e)(ii) and then fails to remove the graffiti within the forty-eight hour period specified in Section 8.18.060, the town may proceed to abate the graffiti as a public nuisance at private expense pursuant to the nuisance abatement process provided in Chapter 8.16 of Title 8 of the Hillsborough Municipal Code.

(Ord. 536, 1994; Ord. 532 (part), 1994)

A. Any person found guilty of violating Section 8.18.040(a) shall reimburse the town and/or the owner, occupant, manager, or other person in control of the property for any and all costs the town and/or the owner, occupant, manager, or other person in control of the property may incur in enforcing the provisions of this chapter and removing graffiti. Such reimbursement shall be in addition to any other penalties imposed by the court pursuant to Penal Code Section 594 et seq. If the violator is a minor, the parents or guardian of the violator shall be responsible for such reimbursement.

B. Any owner, occupant, manager, or other person in control of any structure or real property who permits or maintains any graffiti in violation of this chapter is guilty of an infraction.

C. Any person who removes any notice or order posted as required by this chapter for the purpose of interfering with the enforcement of the provisions of this chapter is guilty of an infraction.

D. Any person who obstructs, impedes, or interferes with any representative of the town or with any owner, occupant, manager, or other person in control of private property when any of the aforementioned individuals is lawfully engaged in proceedings involving the abatement of graffiti under this chapter is guilty of an infraction.

E. Infractions are punishable under Chapter 1.08 of Title 1 of the Hillsborough Municipal Code.

(Ord. 532 (part), 1994)

Nothing in this chapter shall be deemed to prevent the city attorney from commencing a civil or criminal proceeding to abate a public nuisance under applicable law. The remedies provided for in this chapter shall be cumulative and not exclusive.

(Ord. 532 (part), 1994)