Chapter 10 — GRAFFITI REMOVAL

Section

9-10-1 Intent

9-10-2 Findings

9-10-3 Definition

9-10-4 Graffiti prohibited

9-10-5 Determination of graffiti by city; notice to remove; removal

9-10-6 Removal of graffiti

9-10-7 Graffiti abatement

9-10-8 Collection of costs

9-10-9 Placement of graffiti prohibited

9-10-10 Penalty

9-10-11 Reward

It is the intent of the provisions of this chapter to provide an immediate and practical method, to be cumulative with and in addition to any other remedy available at law, whereby graffiti or other inscribed material may be removed from permanent structures located on public or privately owned real property in order to reduce blight and deterioration within the city.

(Ord. 394, passed 6-18-1991)

(A) Graffiti constitutes an obnoxious public nuisance.

(B) The City Council finds that graffiti or other inscribed materials placed upon any public or privately owned permanent structure located on public or privately owned real property within the city if not removed, will add to blight or downgrading of neighborhoods and will cause a lessening of property values in the neighborhoods where graffiti is present. The City Council finds that graffiti is obnoxious and is a public nuisance.

(Ord. 394, passed 6-18-1991)

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

GRAFFITI. Any inscription, figure, drawing, verbal message, lettering or symbolic message, whether in design or symbol, which can be viewed from a public street, alley or public or private property, which has been scratched, carved, or painted on the exterior of any real property or structure in public or private ownership and which is not in compliance with the sign regulations of the city’s zoning ordinance.

(Ord. 394, passed 6-18-1991)

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

(Ord. 394, passed 6-18-1991)

Whenever the City Manager or authorized representative determines that graffiti exists on any structure in the city which is visible from the street or other public or private property, the City Manager or authorized representative shall immediately notify the owner(s) of such property, and may notify the person(s) in possession or control of such property if different from the owner(s), to remove or paint over the graffiti.

(Ord. 394, passed 6-18-1991)

To facilitate the prompt removal of graffiti the city may appropriate money from asset forfeiture proceeds to finance the removal of graffiti from public or privately owned structures located on public or privately owned real property within the city, subject to the following criteria:

(A) Only the graffiti itself shall be removed or painted over. Painting or repair of a more extensive area is prohibited;

(B) Cleaning may be in blocks or strips where the graffiti appears and that the cleaned or processed area may not match precisely and that some residue of the existing graffiti may remain;

(C) Prior to the removal of graffiti the public entity having jurisdiction over the structure, and, in the case of a privately owned structure, the owner shall provide the city with an executed consent to enter and release of liability;

(D) City shall request, but not require, a donation in the sum of $15 from the property owner to defray the city’s cost of removing graffiti; and

(E) The graffiti is visible from the street or other public or private property.

(Ord. 394, passed 6-18-1991)

(A) Upon receipt of notice to remove graffiti the property owner(s) or person(s) in possession or control of affected property if different from the owner(s) shall remove graffiti or authorize the city’s removal of graffiti within ten calendar days.

(B) The notice to remove and consent to enter and release of liability shall be given by delivery of a written notice personally to the owner(s) of the property upon which the graffiti is located, or by depositing such notice in the United States mail, postage prepaid, and addressed to the owner(s) thereof at the owner(s) last known address as the same appears on the last equalized

assessment roll of the county. In the event a notice to remove and consent to enter and release of liability is also given to the person(s) in possession or control of the property, such notice shall be given in either manner specified in this section with respect to giving notice to the owner of the property, and may be addressed to “occupant” or “to whom it may concern”, if the name of such person(s) is not known.

(C) In the event the owner(s) of the property and/or person(s) in possession or control of the property fail or refuse to remove the graffiti or execute the consent to enter and release of liability within ten calendar days the City Council at the earliest possible date shall hold a public hearing to determine all protests and objections to the removal of the graffiti.

(D) If, after such public hearing the City Council shall determine that the graffiti exists as defined in this chapter and orders its removal, such removal shall be accomplished solely at the expense of the property owner(s) and shall be accomplished by the property owner(s) or city forces within ten calendar days of the completion of the City Council’s public hearing.

(Ord. 394, passed 6-18-1991)

If city forces remove graffiti because the property owner(s) fails or refuses to abide by the City Council’s directive and such costs associated with city cleanup are not paid, the Director of Finance shall have costs entered upon the assessment roll under an appropriate head, to 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 procedure under foreclosure for sale and in case of delinquency as provided for in ordinary municipal taxes; or, if such costs are not paid, the Council may, at its option, by resolution, order that all of the costs of removal, shall constitute liens upon the property from which such removal was made, and direct the Director of Finance to record a certified copy of such resolution in the office of the Recorder of the County of Merced. The City Attorney shall thereupon proceed to foreclose each of such liens and to collect all of the amounts owing to the city in the manner provided by law.

(Ord. 394, passed 6-18-1991)

No person shall place graffiti or other inscribed materials upon any public or privately owned permanent structure located on public or privately owned real property within the city when the graffiti is visible from the street or other public or private property.

(Ord. 394, passed 6-18-1991)

Any person engaged in defacing public and/or private property with graffiti shall be referred to the County District Attorney for appropriate action. Minors engaged in defacing public and/or private property shall be referred to the County Probation Department for appropriate action.

(Ord. 394, passed 6-18-1991)

To assist in the apprehension and conviction of any individual(s) engaged in defacing public and/or private property with graffiti the City Council authorizes a reward of $100 for information leading to the arrest and conviction of individual(s) engaged in defacing public and/or private property with graffiti. Such reward shall be funded from asset forfeiture proceeds.

(Ord. 394, passed 6-18-1991)