La Quinta Municipal Code Ch. 11.73 Graffiti

As used in this chapter, "graffiti" means any unauthorized inscription, word, figure, mark or design that is written, marked, etched, scratched, drawn or painted on any real or personal property, including, but not limited to, the structural component of any building, structure, hillside, rock, storm channel, or any other surface open to public view, regardless of the nature of the material of the structural component.

(Ord. 568 § 15, 2018; Ord. 189 § 1, 1991)

A. Authorized Representative. The city manager or representative(s) are authorized to make inspections and take such actions as may be required by this chapter to provide for the abatement of graffiti.

B. Right of Entry. Whenever there is reasonable cause to believe that graffiti exists on public or private property, the city manager or representative(s) may enter the premises at a reasonable time for the purpose of inspection. If such premises are occupied, entry shall be requested and proper credentials shall be presented. If such premises are unoccupied, a reasonable effort shall be made to locate the property owner. If entry is refused or if the property owner cannot be located after a reasonable time, a twenty-four (24)-hour written notice of intent to inspect shall be left at the premises. The notice shall state that the property owner has the right to refuse entry, and if such entry is refused, the city may seek assistance from a court of competent jurisdiction to obtain entry to inspect the premises.

(Ord. 568 § 15, 2018; Ord. 189 § 1, 1991)

A. Notice to Abate Graffiti. Upon determination that graffiti exists, a notice shall be issued to the property owner. The notice shall be entitled, "Notice to Abate Graffiti," and shall cite this chapter as authority for such abatement. The notice shall contain a general description of the graffiti and a general description of the property on which the graffiti is located, sufficient to identify the location of the property. The notice shall inform the owner of the property that the graffiti must be abated within three (3) days from the date of service of the notice.

B. Service. The notice to abate graffiti shall be served in accordance with Section 1.01.300.

C. Appeal Procedure. Within three (3) days from the date of the notice to abate graffiti, the property owner may appeal the determination that graffiti exists on the property to the city manager, pursuant to Chapter 2.08 of this code.

D. Failure to Abate. If graffiti is not voluntarily abated after notification, the following shall apply:

1. Prosecution. Failure to abate graffiti shall constitute an infraction pursuant to Section 1.01.200 of this code, which provides for prosecution as misdemeanor upon committing three (3) infractions.

2. City to Abate. The city may cause the graffiti to be abated. The manner of abatement and costs incurred by the city to abate the graffiti shall be reported to the city council by the city manager or designee immediately following abatement.

3. Judicial Action. The city may commence a civil action in a court of competent jurisdiction to cause abatement of the graffiti. Reasonable attorney's fees and costs may be collected by the city in any action to abate graffiti.

E. Costs of Abatement. The costs of abatement of graffiti shall consist of the "expense of abatement" allowable by California Government Code Section 38772 which may be assessed by the city in the same manner as set forth in Section 11.72.060 of this code. Government Code Sections 38773.2 and 38773.6 are incorporated by reference as it currently exists and may be subsequently amended.

(Ord. 568 § 15, 2018; Ord. 189 § 1, 1991)

This chapter is intended to be construed with, and not superseding, Chapter 11.72 of this code. To the extent nuisance abatement involves only graffiti, this chapter may be applied. To the extent nuisance abatement involves graffiti with any additional public nuisance, nothing in this chapter is to be construed to preempt the authority of the city to abate the public nuisances pursuant to only Chapter 11.72, or to both Chapter 11.72 and this chapter.

(Ord. 568 § 15, 2018; Ord. 189 § 1, 1991)

Any retail business that sells aerosol spray paint shall be required to contain such paint in securely locked areas.

(Ord. 568 § 15, 2018; Ord. 486 § 1, 2011)