Irvine Municipal Code Ch. 4 Graffiti

The purpose of this chapter is to provide a program for the removal of graffiti from walls, structures and other permanent surfaces located on both public and private property and to provide regulations designed to prevent and control the further spread of graffiti in the City of Irvine.

(Code 1976, § IV.J-501; Ord. No. 91-17, § 1, 11-12-91)

For the purposes of this chapter, "graffiti" means the unauthorized spraying, marking or inscribing of paint, ink, chalk, dye, etching or other similar substances on any permanent surface located on public or private property, including, but not limited to, any building, wall, curb, sidewalk, post, pole, lamppost, hydrant, bridge, tree or other permanent surface located on public or private property.

(Code 1976, § IV.J-502; Ord. No. 91-17, § 1, 11-12-91)

Graffiti that is visible from a public right-of-way or other public or private property is declared to be a public nuisance.

(Code 1976, § IV.J-503; Ord. No. 91-17, § 1, 11-12-91)

It shall be unlawful for any person owning or otherwise being in control of any real property within the City to maintain graffiti upon any wall, structure or other permanent surface located on such property when the graffiti is visible from the street or other public or private property.

(Code 1976, § IV.J-504; Ord. No. 91-17, § 1, 11-12-91)

No person shall have in his or her possession, for the purpose of applying graffiti, any marking device, with a tip exceeding four millimeters in width, containing any substance commonly known as paint, ink or dye. Violation of this section is a misdemeanor.

(Code 1976, § IV.J-505; Ord. No. 91-17, § 1, 11-12-91)

A. Whenever the City Manager or his or her designee determines that graffiti is located on a public or privately owned structure or other permanent surface on public or privately owned real property within this City so as to be visible from any public right-of-way or other public or private property in this City, the City Manager or his or her designee 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. The City shall not paint or repair a more extensive area than is necessary to remove the graffiti.

2. Where the structure or permanent surface is owned by a public entity other than this City, the removal of the graffiti may be performed only after securing the consent of the public entity having jurisdiction over the structure or permanent surface and only after such entity executes an appropriate release and right of entry form permitting such graffiti removal.

3. Where the structure or permanent surface is privately owned, the removal of the graffiti by City employees or by a private contractor under the direction of the City may be performed only after securing the consent of the owner and only after the owner executes an appropriate release and right of entry form permitting such graffiti removal.

B. As an alternative to the procedure provided in Subsection A above, upon discovering the existence of graffiti on a privately owned structure or other permanent surface on privately owned real property within the City so as to be visible from any public right-of-way or other public or private property, the City Manager or his or her designee shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in Sections 4-11-408 through 4-11-411.

(Code 1976, § IV.J-506; Ord. No. 91-17, § 1, 11-12-91)

A. The City Manager or his or her designee shall issue a seven-day written notice of intention to abate and remove the graffiti as a public nuisance and shall serve such notice in any of the following methods:

1. By personal service on the owner, occupant or person in charge or control of the property;

2. By posting at a conspicuous place on the property or abutting public right-of-way;

3. By sending a copy of such notice by mail addressed to the owner or person in charge or control of the property, at the address shown on the last available assessment roll, or as otherwise known.

B. The notice of intention shall be in substantially the following form:

NOTICE OF INTENT TO REMOVE GRAFFITI

Date:

"NOTICE IS HEREBY GIVEN that you are required by law at your expense to remove or paint over the graffiti in existence on the property located at (address), which is visible to public view, within seven days after the date of this notice; or, if you fail to do so, City employees or private contractors employed by the City will enter upon your property and abate the public nuisance by removal or painting over 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 City Manager or his or her designee within seven days from the date of this notice. At the conclusion of this seven-day period, without further notice and at your expense, the City may proceed with the abatement of the graffiti inscribed on your property."

(Code 1976, § IV.J-507; Ord. No. 91-17, § 1, 11-12-91; Ord. No. 19-12, Exh. A, 8-13-19)

A. Within seven days from the mailing or personal service of the notice, the owner or person occupying or controlling such property affected may appeal the order of abatement to the City Council of the City of Irvine. Appeals shall be filed with the City Clerk and shall be accompanied by a letter stating the reasons for the appeal. An appeal shall be accompanied by a deposit fee as established by resolution of the City Council, which may be amended from time-to-time.

B. Within 30 days of receipt of the appeal application, the City Clerk shall notify the applicant of the date, time and location at which the City Council shall hear the appeal. At a regular meeting or regular adjourned meeting of the City Council not more than 60 days after receipt of the appeal, the City Council shall proceed to hear and pass upon such appeal. The decision of the City Council thereupon shall be final and conclusive.

(Code 1976, § IV.J-508; Ord. No. 91-17, § 1, 11-12-91)

Seven days after mailing or personal service of the notice, or if appealed to the City Council not less than 24 hours after the decision of the City Council declaring the graffiti to be a public nuisance, the City is authorized and directed to cause the graffiti to be abated by the City or private contractor; and the City or its private contractor is expressly authorized to enter upon the property for such purposes.

(Code 1976, § IV.J-509; Ord. No. 91-17, § 1, 11-12-91)

A. The personnel or persons who abate the nuisance under the provisions of this chapter shall keep an account of the cost of abatement. Such personnel or persons shall submit to the City Council for confirmation an itemized report showing such costs. The City Council may modify the report if it is deemed necessary and shall then confirm the report by motion or resolution.

B. Pursuant to Government Code § 38773.5, the total cost of abatement, including all administrative costs, shall constitute a special assessment against that parcel. After the assessment is made and confirmed, it shall constitute a lien on the parcel.

C. Such special assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary municipal taxes.

(Code 1976, § IV.G-510; Ord. No. 91-17, § 1, 11-12-91)

A. Any person convicted of applying graffiti to any wall, structure or other permanent surface located on public or privately owned real property within the City shall be liable to the City for the cost of removing that same graffiti. If such person is an unemancipated minor, his or her parent or guardian shall also be liable to the City for the cost of removal of that same graffiti.

B. Any person convicted of applying graffiti to any wall, structure or other permanent surface located on public or privately owned real property within the City shall be liable to the City for the amount of any reward paid by the City pursuant to Section 4-11-414. If such person is an unemancipated minor, his or her parent or guardian shall also be liable for the amount of the reward.

C. Any person owing money to the City under Subsection A or B above shall be liable in any action brought in the name of the City for the recovery of such amount, including reasonable attorney's fees.

(Code 1976, § IV.J-511; Ord. No. 91-17, § 1, 11-12-91)

The City shall pay a reward of up to $500 to any person who furnishes information leading to the identification, apprehension and conviction of any person willfully applying graffiti to any wall, structure, or other permanent surface located on private or public property within the City in violation of Penal Code § 594. No law enforcement officer, municipal officer, official or employee of the City shall be eligible for a reward made pursuant to this Section 4-11-414.

(Code 1976, § IV.J-512; Ord. No. 91-17, § 1, 11-12-91; Ord. No. 94-6, 6-14-94)