Larkspur Municipal Code Ch. 9.20 Graffiti Abatement

Sections: 9.20.010 Purpose and Authority. 9.20.020 Definitions. 9.20.030 Graffiti Prohibited. 9.20.040 Declaration of Public Nuisance. 9.20.050 Graffiti Removal. 9.20.060 Criminal Penalties. 9.20.070 Civil Penalties. 9.20.080 Additional Penalties. 9.20.090 Recovery of Costs of Graffiti Removal and Graffiti Abatement. 9.20.100 Administrative Enforcement and Notice to Remove Graffiti. 9.20.110 Imposition of Liens and Special Assessments. 9.20.120 Graffiti Removal Program. 9.20.130 Reward for Information.

A. The City Council finds that the existence of graffiti on both public and private property is often associated with criminal activity and juvenile delinquency, encourages other acts of malicious vandalism and depreciates the value of the adjacent and surrounding properties. It is the purpose and intent of the City Council to promote the public health, safety, and welfare of City residents and to protect property within the City by providing a program for removal of graffiti from public and private walls, structures and property, and to establish regulations designed to prevent and control the further spread of graffiti in the City.

B. The City Council establishes the procedures set forth in this chapter for addressing graffiti abatement pursuant to Government Code Sections 38771 through 38775, inclusive, Sections 53069.3, 53069.4, and 54988; Penal Code Sections 594 through 594.8, inclusive, and Sections 640.5 and 640.6; and Welfare and Institutions Code Sections 742 through 742.22, inclusive, as these sections may be amended from time to time, and all other statutes and laws referenced herein. (Ord. 1030 § 2(7), 2018; Ord. 983 § 2, 2012)

“City” means the City of Larkspur.

“City Council” means the Larkspur City Council.

“City Manager” means the City of Larkspur City Manager or their designee.

“City Official” means any person authorized or directed by the City Manager to enforce any provision of this chapter, including any peace officer.

“Costs of graffiti abatement” includes, but is not limited to, court costs, attorney’s fees, costs of graffiti removal, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the City in identifying and apprehending the minor or other person who created, caused or committed the graffiti on property within the City, pursuant to Government Code Section 38772.

“Costs of graffiti removal” includes, but is not limited to, the costs of all materials and supplies used to cover, repair and/or replace property defaced by graffiti; City staff time incurred in covering, repairing and/or replacing the defaced property; City staff time incurred in training and/or supervising volunteers or persons ordered by a court under a graffiti abatement program to cover, repair, and/or replace defaced property; and attorney’s fees incurred in pursuing enforcement under this chapter.

“Custody” means either legal custody or physical custody of a minor.

“Days” means consecutive calendar days.

“Graffiti” means any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted in public view on any real or personal property within the City. “Unauthorized” as used here means done without the prior consent of the property owner and does not include consent given after the fact or subsequent acquiescence, as defined in Government Code Sections 38772 and 53069.3, and Penal Code Section 594.

“Graffiti abatement” means graffiti removal, repair and replacement of defaced property, administering and monitoring the participation of a defendant and their parent(s) or guardian(s) in a graffiti abatement program, and identifying and apprehending a minor or other person who created, caused or committed the graffiti on property within the City.

“Graffiti removal” means covering and/or removing of graffiti from and repair and/or replacement of public or private property defaced by graffiti.

“Minor” or “other person” means a minor or other person who has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Penal Code Section 594, 594.3, 640.5, 640.6, or 640.7, or a minor convicted by final judgment of a violation of Penal Code Section 594, 594.3, 640.5, 640.6, or 640.7, or a minor declared a ward of the juvenile court pursuant to Welfare and Institutions Code Section 602 by reason of the commission of an act prohibited by Penal Code Section 594, 594.3, 640.5, 640.6, or 640.7, as these sections may be amended from time to time.

“Property owner” means the owner(s) of record of real or personal property located within the City that has been defaced with graffiti or other inscribed material, or the person(s) having a right of present possession of the affected property, if other than the owner, including, without limitation, tenant(s), subtenant(s), lessee(s), sublessee(s), or assignee(s) with primary responsibility or control over the affected property, or with primary responsibility for maintenance and repair of the property, and shall include any authorized agent(s) of all such person(s). All such persons may simultaneously be considered the property owner.

“Public view” means any public or private area that is open to view by persons from the public roadway, sidewalk or common area. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(7), 2018; Ord. 983 § 2, 2012)

It shall be unlawful for any property owner to permit graffiti which is in the public view or can be seen from an adjacent or neighboring property to remain upon their property for a period in excess of seven (7) days following service by the City of a notice to abate graffiti. Each day the graffiti is maintained beyond the initial seven-day period hereby constitutes a separate offense and is subject to the penalties set forth in this chapter. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(7), 2018; Ord. 983 § 2, 2012)

A. Violation of this chapter, including but not limited to the existence of graffiti on public or private property, either real or personal, constitutes a public nuisance pursuant to the City’s police powers authorized in Article XI, Section 7 of the California Constitution as well as Larkspur Municipal Code Chapter 9.24 and other provisions of California law, including, but not limited to, Government Code Sections 38771 through 38775, inclusive.

B. Such graffiti may be summarily abated pursuant to Larkspur Municipal Code Section 9.24.150 and Government Code Sections 38773.1 et seq. and 53069.3. (Ord. 1030 § 2(7), 2018; Ord. 983 § 2, 2012)

A. Any property owner who has been served with a notice to remove graffiti shall either (1) provide consent and an executed release and waiver, both included with the notice, in order to give the City permission to abate the graffiti, or (2) remove the graffiti in a manner that renders the graffiti not visible to public view or an adjacent or neighboring property, within seven (7) days of service of the notice.

B. Removal of graffiti in accordance with this section must satisfy the following requirements: when graffiti is covered or painted over, the color or cover used shall match the original color of the surface as closely as possible, or the entire surface shall be repainted or resurfaced with a new color that is aesthetically compatible with existing colors and architecture. The removal shall not leave shadows and shall not follow the pattern of the graffiti such that letters or similar shapes remain apparent on the surface after graffiti markings have been removed. If the area is heavily covered with graffiti, the entire surface shall be repainted or covered in a suitable manner. (Ord. 1030 § 2(7), 2018; Ord. 983 § 2, 2012)

The violation of any section of this chapter shall be a misdemeanor, punishable in accordance with Larkspur Municipal Code Section 9.24.070. (Ord. 1030 § 2(7), 2018; Ord. 983 § 2, 2012)

A. The provisions of this chapter may be enforced by a civil court action, or prosecuted by the City Attorney in the name of the City or in the name of the people of the State of California. The City shall be entitled to collect its costs for prosecuting a civil action as set forth in Larkspur Municipal Code Section 9.24.100.

B. Civil Code Section 1714.1(b) provides that, where graffiti is applied by an unemancipated minor, the parent(s) or legal guardian(s) of the minor shall be jointly and severally liable for payment of civil damages resulting from the misconduct of the minor. The City may recover its costs in a civil action against the parent(s) or legal guardian(s) of an unemancipated minor for violations of this chapter in an amount not to exceed the maximum amount set forth in Civil Code Section 1714.1(b), as that section is amended from time to time, for each such offense. (Ord. 1030 § 2(7), 2018; Ord. 983 § 2, 2012)

A. Community Service. Penal Code Section 594(c) requires a court, when appropriate and feasible, to order a defendant who has been convicted of an action of vandalism consisting of defacing property with graffiti to clean up, repair, or replace the damaged property or order the defendant, and their parents or guardians if the defendant is a minor, to keep the damaged property or another specified property in the community free of graffiti for up to one year. If the court finds that graffiti cleanup is inappropriate, the court must consider other types of community service, where feasible. Whenever any person is convicted of graffiti-related vandalism on property within the City, the perpetrator will be required to develop a community service plan that must be approved by the City Manager.

B. Suspension or Delay of Driving Privileges. For each conviction of a person aged thirteen (13) to twenty-one (21) for violation of any state law pertaining to vandalism consisting of defacing property with graffiti, the City may petition the sentencing court to suspend existing driving privileges or delay the issuance of driving privileges in accordance with Vehicle Code Section 13202.6. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(7), 2018; Ord. 983 § 2, 2012)

A. The City may recover its costs of graffiti removal from the property owner for graffiti that is located on private property (or on public property owned by another public agency) and within the City that is in public view under the following circumstances:

1. If the property owner has been issued a notice to remove graffiti and has failed to either remove the
graffiti or give consent to allow the City to remove the graffiti pursuant to the City’s graffiti removal program,
and the City removes the graffiti pursuant to proper legal authority.

2. If the property owner has permitted, allowed or encouraged the graffiti to be inscribed on their property.

3. If the property owner requests that the City remove graffiti pursuant to the graffiti removal program
from the same property more than four (4) times within a single calendar year or for an area exceeding six
hundred (600) square feet within a single calendar year.

B. The City may recover its costs of graffiti abatement from a minor who has defaced the property of another with graffiti, a parent or guardian having custody and control of such a minor, and any other person who has defaced the property of another with graffiti.

C. The City may recover its costs of graffiti removal and graffiti abatement in any manner authorized by law, including, without limitation, through liens and assessments as described in Larkspur Municipal Code Section 9.20.110. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(7), 2018; Ord. 983 § 2, 2012)

A. Notice to Remove Graffiti. Whenever a City official determines that graffiti exists within public view or visible from an adjacent or neighboring property on any real or personal property in the City, a City official may cause to be issued to the property owner a notice to remove graffiti that contains the following:

1. The address of the real property on which the graffiti is located;

2. The description and the general location of the graffiti;

3. The date by when the graffiti is to be removed;

4. The name(s) or identity(ies) of the person(s) responsible for removing the graffiti, if known;

5. The scope of the removal and the manner in which the removal is to take place and the nature of the
repair, if any, of the affected property; and

6. Notice that the property owner must either (a) remove the graffiti within seven (7) days of the date of the
notice or (b) give the City consent to remove the graffiti by executing the enclosed consent, release and
waiver; failure to remove the graffiti or give such consent will cause the City to remove the graffiti at the
property owner’s expense; and that graffiti removal and graffiti abatement costs may be assessed as a lien
against the property.

B. Service of the Notice to Remove Graffiti. The notice to remove graffiti shall be personally served, or shall be sent by United States Postal Mail, with proof of service. The service is complete at the time of deposit in the mail or when personal service is effectuated. The failure of any person to actually receive such notice shall not affect the validity of any legal proceedings regarding removal of the graffiti.

C. Proof of Service. A declaration of the person effectuating service shall be affixed to a copy of the notice to remove graffiti and retained by the City.

D. Administrative Order – If Property Owner Fails to Remove, City Abates. The property owner must either remove the graffiti within seven (7) days of the date of the notice or contact the City and give the City consent to remove the graffiti. If the property owner does not remove the graffiti or provide authorization to the City to remove the graffiti within seven (7) days of the service of the notice to remove graffiti, then the property owner will be subject to removal by the City, including payment of the City’s costs of graffiti removal in accordance with this chapter.

E. Appeal of Notice to Remove Graffiti. The property owner(s) may appeal the determination regarding the existence of graffiti by filing a written notice of appeal to the Police Chief within ten (10) days after mailing or delivery of the notice provided in subsection (A) of this section. The seven-day period for removal of the graffiti shall be tolled during the pendency of the appeal.

F. Hearing. The Police Chief shall schedule an appeal hearing within thirty (30) days of receipt of the request for an appeal, as required in subsection (E) of this section. The Police Chief shall hear facts and testimony relevant to the hearing and shall not be limited to the technical rules of evidence. The property owner or any other person subject to this chapter may appear at the hearing and/or submit a sworn written statement in time for consideration at the hearing. The Police Chief shall notify the property owner or any other person subject to this chapter of the decision within fifteen (15) days of the hearing. The Police Chief may delegate any of the authority granted to the Police Chief under this section to an appropriate hearing officer.

G. The property owner or any other person subject to this chapter may appeal the decision of the Police Chief by filing a written appeal with the City Clerk within ten (10) days of receipt of the decision of the Police Chief. The appeal shall be heard by the City Council, which may affirm, amend or reverse the decision of the Police Chief, and may order the graffiti removed by City forces or at City expense. In making its decision, the City Council may consider, among other things, the following factors: (1) the number of times which graffiti was placed on the property of the property owner; (2) whether the property owner took reasonable measures to prevent graffiti from being placed on the property; (3) the cost of removing the graffiti; and/or (4) the cooperation of the property owner with the City toward eradicating the graffiti.

H. Validity of Other Enforcement Proceedings. The failure of a notice to remove graffiti to satisfy all of the requirements of this provision shall not affect the validity of any other enforcement proceedings under this chapter. (Ord. 1030 § 2(7), 2018; Ord. 983 § 2, 2012)

A. If the City abates the graffiti as a public nuisance, as set forth in this chapter, the City may recover the costs of graffiti removal from the property owner on whose property the graffiti or other inscribed material was abated through the assessment of a lien against such property, pursuant to Government Code Sections 38773 and

38773.1. The City shall follow the procedures set forth in Larkspur Municipal Code Section 9.24.160 for imposing any such lien.

B. The City may recover its costs of graffiti abatement through a lien pursuant to Government Code Sections 38772(b) and 38773.2 against the property of a minor who has defaced the property of another with graffiti, against the property of a parent or guardian having custody and control of such a minor, or against the property of any other person who has defaced the property of another with graffiti. The City shall follow the procedures set forth in Larkspur Municipal Code Section 9.24.160 for imposing any such lien.

C. As an alternative to the lien procedures described in this section and authorized in Government Code Sections 38773, 38773.1, 38772(b) and 38773.2, the City may recover its costs of graffiti through a special assessment against the real property where the graffiti was abated pursuant to Government Code Section 38773.5. The City may also recover its costs of graffiti abatement against the property of a minor who has defaced the property of another with graffiti, against the property of a parent or guardian having custody and control of such a minor, or against the property of any other person who has defaced the property of another with graffiti pursuant to Government Code Section 38773.6. The City shall follow the procedures set forth in Larkspur Municipal Code Section 9.24.160(D) in making such costs an assessment or lien. (Ord. 1030 § 2(7), 2018; Ord. 983 § 2, 2012)

A. The City Manager or their designee shall develop a graffiti removal program to assist property owners in the expeditious removal of graffiti from their property. Where a structure is owned by a public entity other than the City, the removal of the graffiti or other inscribed material may be authorized only if the public entity having jurisdiction over the structure consents to the graffiti removal and executes a release and waiver, approved as to form by the City Attorney, and agrees to an assumption of costs incurred by the City for the removal of the graffiti or other inscribed material. Where a structure is privately owned, the removal of the graffiti or other inscribed material pursuant to this section may be authorized only after securing the consent of the owner and obtaining an executed release and waiver from the property owner approved as to form by the City Attorney.

B. The City Manager is hereby authorized pursuant to Government Code Section 53069.3 to use City funds to remove graffiti through the graffiti removal program. In removing the graffiti or other inscribed material pursuant to the graffiti removal program, the use of City funds to paint or repair is limited to the area inscribed with the graffiti.

C. Notwithstanding any other provision of this chapter, the City shall be authorized to recover its costs of graffiti removal from private property pursuant to Larkspur Municipal Code Section 9.20.090.

D. Nothing in this chapter shall prohibit the City Manager or their designee from waiving the provisions of this section if it can be determined that the affected property owner has demonstrated a conscientious effort to prevent graffiti from occurring on their property. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(7), 2018; Ord. 983 § 2, 2012)

The City Council may, by resolution, offer and pay a reward for information leading to the apprehension and conviction of any person who places graffiti or other inscribed material upon public or privately owned property within the City. In addition to any fines levied by the City for violations of this chapter, any person who has damaged property by inscribing graffiti on public or private property shall be liable for the amount of any reward paid pursuant to this chapter and Government Code Section 53069.5. (Ord. 1030 § 2(7), 2018; Ord. 983 § 2, 2012)