Long Beach Municipal Code Ch. 8.58 Graffiti Abatement

This Chapter is enacted for the purpose of providing a system to keep all privately owned real property within the City free of graffiti and providing a system for levy and collection to cover the cost of such removal by the City.

The increase of graffiti on both private and public buildings and structures creates a condition of blight resulting in a deterioration of property and business values for adjacent properties all to the detriment of the City.

(Ord. C-6769 § 1 (part), 1990)

For the purpose of this Chapter, certain terms used shall have the meaning provided in this Section:

A. "Lot" means a lot, parcel, tract, premises or piece of land, improved or unimproved, in the City.

B. "Graffiti removal levy" means the charge made by the Building Official for removing graffiti from a lot plus all penalties for nonpayment of the charges which have accrued.

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

D. "Owner" as used in this Section, means any person so designated on the last equalized assessment roll and also any person having or claiming to have any legal or equitable interest in the premises.

(Ord. C-6769 § 1 (part), 1990)

The existence upon any lot of graffiti is expressly declared to be a public nuisance, and it shall be the duty of both the owner of the lot and any person who may be in possession or who has a right to such possession, to at all times keep such lot clean and free from graffiti.

(Ord. C-6769 § 1 (part), 1990)

Whenever the Building Official finds on any lot graffiti which can be seen by any person using any public right-of-way, he shall cause a notice to remove graffiti to be given to the assessee of the lot as shown upon the current equalized assessment roll, and the assessee shall be deemed to be the agent of the owner and tenant for the purpose of receiving service of the notice. The notice shall be in substantially the following form:

NOTICE TO REMOVE GRAFFITI

To___________, as owner:

Pursuant to the provisions of Chapter 8.58 of the Long Beach Municipal Code, you are hereby notified to remove from _____

_____

(Description of property)

AKA _____

Address

all graffiti as defined in the Municipal Code, within seven (7) days from the date of this notice. If such graffiti is not removed within that time, the City will cause it to be removed and the charges for removal shall become a personal obligation and a lien upon your property.

If you intend to remove such graffiti yourself, you are required to obtain from the City a certificate stating that the graffiti has been satisfactorily removed; otherwise if the City is dissatisfied with the manner in which the work has been done, the graffiti will be further removed at your expense.

If you object to the removal of the graffiti from your premises, you may appeal to the Board of Examiners, Appeals and Condemnation by filing a written notice of appeal in the office of the undersigned within five (5) days from the date of this notice. Failure to appeal shall be construed as your acceptance of the Building Official's determination and any and all remedies provided by the Long Beach Municipal Code.

Dated: _______

_____

Superintendent of Building and Safety

City of Long Beach

(Ord. C-6769 § 1 (part), 1990)

The notice to remove graffiti shall be served upon the person whose name appears on the current equalized assessment roll as the owner of the premises involved. Such service may be made either by personal delivery or by depositing the notice in the United States mail, postage prepaid, as certified, first class mail, return receipt requested, addressed to the owner at the most recent address appearing on the assessment roll, or if no address appears thereon, such service may be made by posting the notice in a conspicuous place upon the property. Proof of the service of the notice shall be made by affidavit of the person effecting the service, and the affidavit shall be sufficient for all purposes.

(Ord. C-6769 § 1 (part), 1990)

A. If there is an appeal, the Building Official shall serve on the owner who has appealed, a copy of the notice of hearing by certified mail.

B. The notice of hearing shall be served at least ten (10) days before the hearing. Proof of service shall be made by declaration filed with the Board of Examiners, Appeals and Condemnation.

C. Service shall be completed at the time of the deposit of the notice in a receptacle maintained by the United States Postal Service, with postage fully prepaid.

D. The failure of any person to receive such notice of hearing shall not affect the validity of any proceedings under this Chapter.

(Ord. C-6769 § 1 (part), 1990)

A. At the time stated in the notice, the Board shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, including City personnel, and interested persons relative to the alleged public nuisance and to the proposed removal of the graffiti. The hearing may be continued without further notice.

B. Upon conclusion of the hearing, the Board shall determine whether the premises, as maintained, constitutes a public nuisance as defined in this Chapter. If the Board finds that such public nuisance does exist, it shall determine how the nuisance is to be abated and shall establish a time, not to exceed seven (7) days, within which removal shall take place; and in the event the owner fails to correct the nuisance within the time prescribed, the City shall cause the nuisance to be abated and the cost incurred by the City shall become a personal obligation of the owner and tenant and a lien on the property.

C. A copy of the Board's determination shall be served by mail upon the owner of the affected premises. Service shall be completed at the time of its deposit in a receptacle maintained by the United States Postal Service, with postage fully prepaid.

D. No legal proceeding or action shall lie against the City or any officer, agent or employee of the City to enjoin the enforcement of its determination or orders made pursuant to this Chapter, unless such legal action is commenced within thirty (30) days after the decision of the Board.

(Ord. C-6769 § 1 (part), 1990)

Every owner served with a notice or order to remove graffiti who upon his own account removes the graffiti from his lot shall upon completion of the work immediately give written notice thereof to the Building Official. Such notice shall be either delivered or mailed to the office of the Building Official. Upon receipt of such notice the Building Official shall cause the lot to be inspected, and if no graffiti exists thereon he shall issue the owner a certificate so stating. If graffiti still exists on the lot, he shall cause it to be removed and the cost will be assessed against the owner and tenant and become a lien on the property as if no such notice of removal was received from the owner.

(Ord. C-6769 § 1 (part), 1990)

If any owner served with a notice fails to remove the graffiti from his lot within the time stated in the notice, or order of the Board of Examiners, Appeals and Condemnation after appeal, he shall be deemed to have consented to such removal by the Building Official who shall thereupon be authorized, to enter upon the lot involved and remove the graffiti.

(Ord. C-6769 § 1 (part), 1990)

The Building Official shall, after completing the removal of graffiti from any lot, compute all expenses so incurred by the City, including the applicable processing fees as set forth by City Council resolution. All expenses shall be charged to and become an indebtedness of the owner and tenant of such premises.

(Ord. C-6769 § 1 (part), 1990)

Upon computing the expenses, the Building Official shall serve upon the owners of all lots where graffiti was removed, as the owners are determined from the current assessment roll, a notice to pay the graffiti abatement levy which notice shall be in substantially the following form:

NOTICE TO PAY GRAFFITI ABATEMENT LEVY

In accordance with the provisions of Chapter 8.58 of the Long Beach Municipal Code, the Building Official has caused the graffiti upon _____

_____

(legal) AKA _____

(address)

to be removed at City expense.

You are hereby notified that the total cost of _______ is now due and payable to the City of Long Beach.

Section 8.58.120 of the Long Beach Municipal Code provides in part, that the property owner, tenant or any other interested person may demand a hearing within fifteen (15) days of this notice before the Board of Examiners, Appeals and Condemnation on the reasonableness of the charges. Such demand shall be in writing, filed with the Building Official and shall describe the property involved, the reasons for objecting, the name, address and interest of the appellant.

If no hearing is demanded, this payment shall become delinquent thirty (30) days from this notice and if the amount due is not otherwise collected, a lien for this amount, plus a fee for preparation of the lien and any civil penalty shall be attached on the affected property and thereafter bear interest at the rate of twelve percent (12%) per annum until paid. An additional fee will be incurred in the event that payment is not received before the end of the fiscal year (June 30) and transfer for collection to the City Treasurer becomes necessary.

(Ord. C-6769 § 1 (part), 1990)

Within fifteen (15) days from the date of the notice to pay, the property owner, tenant or any other interested person, may demand a hearing as to the reasonableness of such charges. Such demand shall be in writing and filed with the Building Official. It shall describe the property involved, state the reasons for objecting, and include the address of the applicant for service of notices in connection with such hearing. The Building Official shall thereupon set a date for hearing such protest by the Board of Examiners, Appeals and Condemnation within a reasonable time. The Building Official shall send written notice of such hearing in the manner provided in Section 8.58.060. At the time set for such hearing, the Board shall hear all evidence pertinent to the reasonableness of such charges and shall then either confirm or modify the charges. The decision of the Board shall be final, and the Building Official shall give notice to the parties affected in the manner provided in Section 8.58.070.

(Ord. C-6769 § 1 (part), 1990)

If the amount of the charges as determined by the Board of Examiners, Appeals and Condemnation has not been paid within thirty (30) days of its decision, the payment shall thereupon become delinquent and if the amount due is not otherwise collected, a lien against the real property, and the amount so determined shall thereafter bear interest at the rate of twelve percent (12%) per annum until paid. If no hearing is demanded as to the reasonableness of the charges, the payment shall become delinquent and if the amount due is not otherwise collected, a lien against the real property thirty (30) days after the notice of charges for abatement is served by the Building Official; and such amount shall thereafter bear interest at the rate of twelve percent (12%) per annum until paid.

(Ord. C-6769 § 1 (part), 1990)

The Building Official shall certify a list of all delinquent charges for graffiti abatement to the City Treasurer who shall submit the list to the City Council for confirmation. Each parcel of property shall be described sufficiently to identify it in accordance with the records of the County Tax Collector. The amount of the charges including such interest as has accrued after the delinquent date to July 1st of the year shall be set forth opposite the description by the City Treasurer.

(Ord. C-6769 § 1 (part), 1990)

Upon receipt of the list, the County Tax Collector shall enter the charges shown thereon for each parcel of property upon the current tax roll and shall proceed to collect the charges in the same manner as ad valorem taxes, and penalties and interest for nonpayment thereafter shall attach as though the amounts were ad valorem taxes; provided, however, that no receipt for payment of ad valorem taxes appearing upon the tax roll as against a particular parcel shall be issued unless all such charges for collection for graffiti abatement and penalties thereon, entered upon that tax roll against the lot are first paid in full.

(Ord. C-6769 § 1 (part), 1990)

Upon the sale of any lot to the State for nonpayment of taxes, all charges for graffiti abatement for the parcel appearing upon the tax roll, together with the penalties thereon, shall be added to and become a part of the same delinquent tax record.

(Ord. C-6769 § 1 (part), 1990)

No certificate of redemption from sale for delinquent taxes shall be issued until all charges for graffiti abatement, and penalties entered on the delinquent tax records against the property involved, have first been paid in full.

(Ord. C-6769 § 1 (part), 1990)

A. The Building Official may, prior to certifying any such unpaid charges to the City Treasurer, correct any errors with respect to such levies appearing upon his records.

B. After such levies have been certified to the City Treasurer and confirmed by the City Council, the Council, by order entered on its minutes, may cancel any charges for graffiti abatement, or penalty, or any portion of either thereof, appearing on the tax records, which, because of error, is charged against the wrong property, or which has been paid but such payment has not been recorded upon the tax records, or which is based upon a clerical error in such records, or which was charged against property acquired subsequent to the lien date by the United States, by the State, or any City, or any school district or other political subdivision and, because of this public ownership, not subject to sale for delinquent assessments.

(Ord. C-6769 § 1 (part), 1990)

No person as owner, lessee, or agent or person in possession of any property within the City shall allow a "public nuisance", as defined in Section 8.58.030, to exist within the City, or refuse to allow the Building Official to enter upon any property during the hours of daylight where any such nuisance exists, for the purpose of inspecting or abating same, after notice has been given as provided in Section 8.58.040, or after appeal is concluded or time for appeal has expired, or interfere with the Building Official in any manner whatsoever in the abating of the nuisance.

(Ord. C-6769 § 1 (part), 1990)

If the Building Official finds that the City had previously removed graffiti from the same property after notice to the same owner, he shall assess a civil penalty based on the following schedule when graffiti is again removed by the City:

Civil penalty: For previous removal of graffiti by the City once within the preceding five (5) years - fifty percent (50%) of the City's total cost for removal including processing fees; for previous removal by the City two (2) or more times within the preceding five (5) years - one hundred percent (100%) of the City's total cost for removal including processing fees.

The City will give notice of this civil penalty to all property owners when graffiti abatement procedures are instituted against their properties.

The imposition of this civil penalty may be appealed to the Board of Examiners, Appeals and Condemnation, as provided in Section 8.58.120.

The civil penalty constitutes a debt of the person charged to the City and is collectible by the City as an obligation or liability created by statute.

(Ord. C-6769 § 1 (part), 1990)

Whenever this Chapter designates duties to be performed by the "Building Official" or "Superintendent of Building and Safety", those same duties may be performed by the Director of Public Works when authorized by the City Manager.

(Ord. C-6769 § 1 (part), 1990)