Jurupa Valley Municipal Code Ch. 11.55 Graffiti Abatement

Footnotes:

--- (3) ---

State Law reference— Abatement of graffiti nuisances, Government Code § 38772.

A. The City Council finds and determines that graffiti placed or inscribed on public and private property is a blighting factor which depreciates the value of the property which has been the target of such malicious vandalism, and also depreciates the value of the adjacent surrounding properties, with a resulting negative impact on the entire community.

B. The City Council further finds and determines that abatement of graffiti will enhance the appearance of and benefit the use and enjoyment of properties in the city and appreciate the values and appearance of neighboring properties.

C. The City Council finds and determines that graffiti must be abated in a rapid manner to prevent the further spread of graffiti to avoid detrimental impacts on the public health, safety and welfare of the citizens of the city.

D. It is the purpose and intent of this chapter as authorized by Government Code Section 53069.3 to provide a procedure for the removal of graffiti from walls and structures on both public and privately owned property in order to reduce blight and deterioration within the city and to protect and promote the public safety.

Graffiti means any unauthorized inscription, word, figure, mark, symbol or design that is marked, etched, scratched, drawn or painted on any structural component of any building, structure, sign or other facility, regardless of the nature of the material of that structural component.

A. It is unlawful for any person to place graffiti upon any public or privately owned, permanent building, structure, sign or other facility located on publicly or privately owned real property within the city.

B. No person owning or otherwise in control of any real property as tenant, occupant or otherwise within the city shall permit or allow any graffiti to be placed upon or remain on any permanent building, structure, sign, or other facility located on such property when the graffiti is visible from the street or other public or private property.

C. Any person applying graffiti within the city shall have the duty to remove the same within twenty-four (24) hours after notice by the city or the public or private owner of the property involved. Failure of any person to promptly so remove the graffiti shall constitute a separate and additional violation of this chapter. Where graffiti is applied by a person under the age of eighteen (18), the parent and/or guardian of such minor shall be responsible for the removal and for the payment therefor.

Whenever the Director of Building and Safety or his or her designated representative, determines that graffiti is so located on public or private property within the city so as to be capable of being viewed by persons utilizing any public right-of-way in the city, the Director of Building and Safety or his or her designated representative is authorized to provide for the removal of the graffiti at the city 's expense, upon the following conditions:

(1) In removing the graffiti, the painting or repair shall be limited to the minimum necessary to properly restore the defaced 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.

(3) When a structure is privately owned, the removal of the graffiti by city personnel or by a private contractor under the direction of the city shall be authorized only after securing the consent of the owner.

(4) Whenever graffiti has been removed from public or private property at the expense of the city, each person who placed any of the graffiti, and the custodial parents or guardians of any minor who placed any of the graffiti shall be legally responsible to reimburse the city for all costs for removal of such graffiti as well as for related staff investigation time.

Graffiti which the Director of Building and Safety or his or her authorized representative had determined to exist on any permanent structure in the city and which is visible from a street or other public or private property is declared to be a public nuisance.

Property owners in the city may consent in advance to city entry onto private property for graffiti removal purposes. The city shall make available forms for such consent.

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.

Any owner, lessee, occupant or other interested person having any objections or being aggrieved at any proceeding taken on appeal by the City Council in ordering the public nuisance under the provisions of this chapter, must bring an action to contest such decision within thirty (30) days after the date of such decision by the City Council. Otherwise, all objections to such decision shall be deemed waived.

A. The additional remedies, penalties and procedures for violation of this chapter and for recovery of costs related to enforcement provided for in Chapters 1.10 through 1.25.

B. A person, convicted under this chapter may also be ordered to render community service, including, but not limited to, cleaning up, painting over, or otherwise removing his or her own graffiti and/or graffiti of others.