Lomita Municipal Code Ch. 6 Removal of Graffiti

Footnotes:

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Editor's note— Section I of Ord. No. 447, adopted July 3, 1989, added ch. 6 to this title, §§ 5-6.01—5-6.10. Chapter 5 has been reserved to maintain continuity of chapter numbers.

Aerosol paint container shall mean any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substance capable of defacing property.

Felt tip marker shall mean any marker or similar implement with a tip which, at its broadest width, is greater than one-sixteenth ( 1/16 ) inch, containing an ink or other pigmented liquid.

Graffiti shall mean any unauthorized inscription, word, figure, or design that is marked, etched, scratched, cut, drawn or painted on any surface, or defaced in any other way regardless of the nature of the material of that structural component.

Graffiti implement shall mean an aerosol paint container, a felt tip marker, gum label or a paint stick or etching tool capable of scarring glass, metal, concrete or wood, or any other instrument or substance used for unauthorized inscription.

Gum label shall mean any sheet of paper, fabric, plastic or other substance with an adhesive backing which, when placed on a surface, is not easily removable.

Hearing officer shall mean the city manager or designee.

Paint stick or graffiti stick shall mean a device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-sixteenth ( 1/16 ) of an inch in width.

(Ord. No. 521, § 2, 12-20-93; Ord. No. 699, § 1, 4-2-07)

(a) It shall be unlawful for any person to violate California Penal Code section 640.6 which provides that any person who writes, sprays, scratches, or otherwise affixes graffiti on any real or personal property not his or her own is guilty of an infraction.

(b) It shall be unlawful for any person to violate California Penal Code section 594 which provides that any person who maliciously defaces with paint or any other liquid, damages or destroys any real or personal property not his or her own, in cases other than those specified by state law, is guilty of vandalism punishable by fine and/or imprisonment.

(c) It shall be unlawful for any person to violate California Penal Code section 594.1(a) which provides that it is a misdemeanor for any person to sell or give or in any way furnish to another person who is in fact under the age of eighteen (18) years, any aerosol container of paint that is capable of defacing property without first obtaining bona fide evidence of majority and identity.

(d) It shall be unlawful for any person to violate California Penal Code section 594.1(b) which provides that it is a misdemeanor for any person under the age of eighteen (18) years to purchase an aerosol container of paint that is capable of defacing property.

(e) It shall be unlawful for any person to violate California Penal Code section 594.1(c) which provides that it is a misdemeanor for any retailer selling or offering for sale aerosol paint containers not to post a sign stating "Any person who maliciously defaces real or personal property with paint is guilty of vandalism which is punishable by fine, imprisonment or both."

(f) It shall be unlawful for any person to violate California Penal Code section 594.1(d) which provides that it is a misdemeanor for any person to carry on his or her person, while in plain view to the public, an aerosol container of paint while in any posted public facility.

(g) It shall be unlawful for any person to violate California Penal Code section 594.1(e) which provides that it is a misdemeanor for any person under the age of eighteen (18) years to possess an aerosol container of paint for the purpose of defacing property while on any public highway, street, alley or way or other public place.

(h) It shall be unlawful for any person to violate California Penal Code section 640.5 which provides that any person who writes, sprays, scratches, or otherwise affixes graffiti on or in the facilities or vehicles of a governmental entity, whether leased or owned by the governmental entity, is guilty of an infraction.

(i) It shall be unlawful for any person under the age of eighteen (18) years to carry in his or her possession and in plain view to the public any graffiti implement while upon public property, or upon private property, without the prior written consent of the owner of such property. This provision shall not apply while the person is attending or travelling to or from a school at which the person is enrolled, if the person is participating in a class at said school which has, as a written requirement of said class, the need to use any graffiti implement.

(j) No person shall carry in his or her possession and in plain view to the public any graffiti implement while in any public park, playground, swimming pool, recreational facility, or other type of public facility such as underpasses, bridge abutments, storm drains, and other similar types of public infrastructures.

(k) It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any person under the age of eighteen (18) years without the consent of the parent or other lawfully designated custodian of the person, which custodial consent shall be given in advance in writing.

(Ord. No. 521, § 3, 12-20-93)

Upon a finding by the city manager that any graffiti or other inscribed material or defacement is obnoxious, the city manager may remove or cause to be removed such obnoxious graffiti or other inscribed material or defacement from any publicly owned permanent building or structure, after securing the consent of the public entity having jurisdiction over such building or structure, and may remove any such graffiti or other inscribed material or defacement from any permanent building or structure on private property after the owner has been given proper and adequate notice of a determination that the graffiti on his property is a public nuisance. The procedures set forth herein shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law.

(Ord. No. 447, § I, 7-3-89; Ord. No. 699, § 1, 4-2-07)

Whenever the city manager determines that any premises within the city may be maintained contrary to one (1) or more of the provisions cited above, then the city manager may cause notice to be given in the manner provided in this chapter for the holding of a public hearing to ascertain whether the same does in fact constitute such public nuisance, the abatement of which is appropriate under the police power of the city.

(Ord. No. 447, § I, 7-3-89)

Notice of the time and place of hearing before the city manager shall be titled "NOTICE OF HEARING," in letters not less than one (1) inch in height and shall be substantially in the following form:

NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR IN PART

NOTICE IS HEREBY GIVEN that on _______ day of _______, 19___, at the hour of _______M., of said day, the City Manager or his designated Hearing Officer will hold a public hearing in the council chambers of Lomita City Hall, located at 24300 Narbonne Avenue, Lomita, California, to ascertain whether certain premises situated in the City of Lomita, State of California, designated as (street address), in said City, and more particularly described as _______ constitute a public nuisance subject to abatement. If said premises, in whole or in part, are found to constitute a public nuisance as defined by the Lomita City Code and if the same are not properly abated by the owner, such nuisances may be abated by municipal authorities, and the rehabilitation, or repair will be assessed upon such premises and such costs will constitute a lien upon such land until paid.

Said alleged violations consist of the following:

_____

_____

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_____

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Said methods of abatement available are:

_____

_____

_____

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All persons having any objections to, or interest in said matters are hereby notified to attend a Hearing before the City Manager or his designee to be held on the _______ day of _______, 19___, at the hour of ___M., when their testimony and evidence will be heard and given due consideration.

DATED: This _______ day of _______, 19___.

City Manager

(Ord. No. 447, § I, 7-3-89; Ord. No. 699, § 1, 4-2-07)

(a) The city manager shall cause to be served upon the owner as shown on the latest equalized tax assessment roll of each of the affected premises a copy of said notice and shall cause a copy thereof to be conspicuously posted on each of the affected premises in accordance with the provisions of section 5-6.05.

(b) Said notice shall be posted and served, as aforesaid, at least ten (10) days before the time fixed for such hearing; proof of posting and service of such notice shall be made by declaration under penalty of perjury filed with the hearing board.

(c) The failure of any person to receive the notice shall not affect the validity of any proceedings under this chapter.

(Ord. No. 447, § I, 7-3-89; Ord. No. 699, § 1, 4-2-07)

The hearing to determine whether a nuisance exists shall be conducted by the city manager, or his duly authorized representative, who shall act as the hearing officer. At the hearing, the city manager shall consider all relevant evidence, including but not limited to applicable staff reports. He shall give any interested person a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the city manager shall determine whether a nuisance within the meaning of this chapter exists.

(Ord. No. 447, § I, 7-3-89; Ord. No. 699, § 1, 4-2-07)

(a) The decision of the city manager or his designee shall be final and conclusive.

(b) The city manager or his designee (within ten (10) working days of the hearing) shall give written notice of his decision to the owner and to any other person requesting the same. The notice shall contain an order of abatement, if a nuisance is determined to exist, directed to the owner of the affected property or the person in the control and/or charge of the property, and shall set forth the nature of the nuisance, its location and the time and manner for its abatement. The city manager may impose such conditions as are reasonably necessary to abate the graffiti nuisance.

(Ord. No. 447, § I, 7-3-89; Ord. No. 699, § 1, 4-2-07)

If the nuisance is not abated within the time set by the order of abatement, the city manager is expressly authorized to enter upon the premises for the purpose of abating the graffiti nuisance with city equipment and city personnel.

(Ord. No. 447, § I, 7-3-89; Ord. No. 699, § 1, 4-2-07)

If the city determines to abate the graffiti nuisance, the total cost for abating such nuisance shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, so made and confirmed, shall constitute a lien on said property for the amount of such assessment.

(a) After such confirmation and recordation, a certified copy of such notice shall be sent to the tax division of the county auditor-controller's office, whereupon it shall be the duty of said auditor-controller to add the amounts due as confirmed by the hearing officer to the respective assessments to the next regular tax bill levied against said respective lots and parcels of land for municipal purposes, and thereafter said amounts 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 procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or

(b) After such recordation such lien may be foreclosed by judicial or other sale in the manner and means provided by law;

(c) Such notice of lien for recordation shall be in form substantially as follows:

NOTICE OF LIEN (CLAIM OF CITY OF LOMITA)

Pursuant to the authority vested by the provisions in the Lomita Municipal Code, the City Manager of the City of Lomita (or his designated agents) did on or about the _______ day of _______, 19___, cause the premises hereinafter described to be rehabilitated, or the building or structure on the property hereinafter described to be repaired, in order to abate a public nuisance on said real property; and the City of Lomita did on the _______ day of _______, 19___, assess the costs of such rehabilitation or repair upon said real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Lomita does hereby claim a lien on such rehabilitation or repair in the amount of said assessment, to wit: the sum of $_______; and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Lomita, County of Los Angeles, State of California and more particularly described as follows:

(DESCRIPTION)

DATED THIS _______ DAY OF _______, 19___.

CITY MANAGER, CITY OF LOMITA, CALIFORNIA

(Ord. No. 447, § I, 7-3-89; Ord. No. 699, § 1, 4-2-07)

The city manager at his or her discretion may authorize removal of residential graffiti from perimeter walls at city expense whenever the property owner and occupants of the graffiti-afflicted property consent to the entry of the city graffiti cleaning crew and sign a release and indemnification on a form approved by the city attorney releasing the city from all liability resulting from the entry of city employees on the property and their removal of graffiti. The city council may, if it so chooses, by resolution, authorize a fee for these services.

(Ord. No. 478, § I, 2-19-91; Ord. No. 699, § 1, 4-2-07)

(a) Pursuant to section 53069.5 of the Government Code, the city does hereby offer a reward of five hundred dollars ($500.00) for information leading to the identification, arrest and conviction of any person whose willful misconduct results in the damage or destruction of any personal or real property under any provision of this chapter, not to exceed one thousand five hundred dollars ($1,500.00) per violation. In the event of multiple contributors of information, the reward amount shall be divided by the city in the manner it shall deem appropriate. For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction.

(b) Claims for rewards under this section shall be filed with the city. Each claim shall:

(1) Specifically identify the date, location and kind of property damaged or destroyed.

(2) Identify by name the person who was convicted of or who confessed to the damage or destruction of the property.

(3) Identify the court and the date upon which the conviction occurred or the place and the date of the confession.

(4) No claim for a reward shall be allowed by the city council unless an authorized representative of the city investigates and verifies the accuracy of the claim and recommends that it be allowed. The investigation must determine that the claimant's information was relevant and directly responsible for the arrest and conviction of the suspect.

(5) The person committing the graffiti and, if that person is an unemancipated minor, then the custodial parent of said minor shall be liable for any rewards paid pursuant to this section.

(c) The city manager, or his designee, is hereby authorized and directed to provide any court finding any person guilty of the acts of vandalism, as defined in section 594 of the California Penal Code for inscribing graffiti within the City of Lomita, with information concerning the cost to the city for cleaning up the graffiti or the cost to the private property owner of cleaning up the graffiti; and request the court to require the convicted person, or if such person is an unemancipated minor to require the parent or guardian of such person, to reimburse the city and the private person for the cost of cleanup and to require such persons to physically assist in cleaning up graffiti.

(d) Reimbursement of car phone time. The city shall reimburse to any person reporting by means of a mobile or cellular phone on act of graffiti vandalism or existence of graffiti within the city limits in the amount of the direct phone charges exclusive of taxes, etc., incurred by said person.

(Ord. No. 521, § 4, 12-20-93; Ord. No. 699, § 1, 4-2-07)

In approving tentative or parcel maps, conditional use permits, variances, or other similar land use entitlements, the city may consider imposing conditions reasonably related to the mitigation of the impacts of graffiti. Such conditions may include, without limitation:

(1) Use of anti-graffiti material. Developer to apply an anti-graffiti material of a type and nature that is acceptable to the director of public works to each surface viewable by the public on the improvements to be constructed on the site deemed by the director of public works to be likely to attract graffiti (graffiti-attracting surfaces);

(2) Right of access to remove graffiti. Developer to grant to city a covenant upon the subject property or properties for the right of ingress and egress to such property upon forty-eight (48) hours of posting of notice by authorized city employees or agents to the city for the purpose of removing or painting over graffiti from graffiti-attracting surfaces previously designated by the director, and for the right to remove such graffiti; and,

(3) Supply city with graffiti-removal material. Developer to provide the city with sufficient matching paint and/or anti-graffiti material for use in the painting over or removal of designated graffiti-attracting surfaces for as long as the developer owns the property.

(4) Owner to immediately remove graffiti. Developer shall provide, either as part of the conditions, covenants and restrictions, or as separate covenants recorded against individual lots, prior to resale of same property or land, a covenant to run with the land and be for the benefit of the city, in a form satisfactory to the city, that the owner of the lots shall immediately remove any graffiti placed thereon.

(Ord. No. 521, § 5, 12-20-93)

Any parent or legal guardian of a minor under the age of eighteen (18) may be personally liable for any and all costs to any person incurred in connection with the removal of graffiti caused by such minor pursuant to Civil Code section 1714.1.

(Ord. No. 521, § 6, 12-20-93)