Los Banos Municipal Code Ch. 8 Graffiti Abatement

(a) The purpose of this chapter is to provide for the administration and financing of graffiti removal; community education on the prevention of graffiti laws, and enforcement of graffiti laws.

(b) The City Council of the City of Los Banos finds that the proliferation of graffiti constitutes a public nuisance; that graffiti creates a condition of blight within the City which results in the deterioration of property values, business opportunities, and enjoyment of life for persons using or occupying adjacent surrounding properties; that graffiti is inconsistent with the City's property maintenance goals, crime prevention programs, and aesthetic standards.

(§ 1, Ord. 921, eff. May 2, 1997)

Any unauthorized inscription, word, figure, mark or design that is written, marked, etched, scratched, drawn, or painted on real or personal property.

(§ 1, Ord. 921, eff. May 2, 1997)

(a) The administration of this chapter shall be the responsibility of the Chief of Police and/or his/her designees. The Chief of Police will enjoy the cooperation and assistance of all City Departments in the administration of this program. County, State, Federal, and private assistance may also be utilized when appropriate.

(b) The Chief of Police will set in place programs and procedures for:

1. Locating graffiti within the City limits;

2. The apprehension and prosecution of those who commit the criminal act of graffiti, i.e., vandalism;

3. Coordination and restitution from the responsible party(s) (violator) or those legally responsible for the violator (parents/guardian);

4. Coordinating with other City Departments for removal of graffiti; (a) by the property owner, or (b) with the consent of the property owner with City equipment and funds, or (c) without the cooperation of the property owner through an abatement process.

(§ 1, Ord. 921, eff. May 2, 1997)

(a) Costs related to this chapter will be distributed to involved City Departments from the general fund.

(b) Funds recovered through this program (by restitution, abatement/liens, etc.), will be deposited into the general fund.

(§ 1, Ord. 921, eff. May 2, 1997)

The Chief of Police shall institute a community education program on the prevention of graffiti.

(§ 1, Ord. 921, eff. May 2, 1997)

The Chief of Police and all those officers under his/her control are encouraged by way of this chapter to vigorously enforce those laws related to graffiti violations.

(§ 1, Ord. 921, eff. May 2, 1997)

(a) The offender(s) who caused or created the graffiti may be ordered by the magistrate having jurisdiction over the case to repair, paint over, or otherwise remove the graffiti.

(b) The offender(s) who caused or created the graffiti may be ordered by the Probation Department to repair, paint over, or otherwise remove the graffiti.

(c) Through a City, County, or private diversion program the offender(s) who caused or created the graffiti may be ordered or may agree to repair, paint over, or otherwise remove the graffiti.

(d) The property owner where the graffiti exists should report the graffiti and then remove or cause the removal of the graffiti.

(e) The City may remove or cause the removal of the graffiti with the consent of the property owner.

(f) Lacking the consent to remove the graffiti and lacking the cooperation of the property owner to remove the graffiti the City may (with proper notice) abate/remove the graffiti and place appropriate liens on the property.

(g) The offender and his/her parents or guardians if the offender is a minor, may be ordered or may agree through a diversion program to keep the damaged property or another specified property in the community free of graffiti for up to one year.

(§ 1, Ord. 921, eff. May 2, 1997)

(a) The City or any property owner/victim may pursue the full cost recovery from the offender(s) and/or the offender's parents or guardians. The City may pursue cost recovery for all costs related to the offender including but not limited to: apprehension and prosecution costs, court costs, attorney fees, and graffiti removal.

(b) Cost recovery limitations for parents or guardians are set by the California Civil Code, Section 1714.1.

(c) Pursuant to California Government Codes 38771-38773.7 the City declares that graffiti is a nuisance.

1. The City may provide for summary abatement of any such nuisance at the expense of a minor creating, causing, or committing the nuisance. The City may make the expense of abatement of the nuisance a lien against property of the minor and a personal obligation against the minor pursuant to Government Code Section 38773.2 or 38773.6.

2. The parent or guardian having custody or control of the minor shall be jointly and severely liable with the minor. The City may make the expense of graffiti abatement a lien against the property of a parent or guardian having custody and control of the minor and a personal obligation against the parent or guardian having custody and control of the minor pursuant to California Government Code Section 38773.2 or 38773.6.

3. The City may provide for the abatement or any nuisance at the expense of the persons creating, causing, committing, or maintaining it. The City may make the expense of abatement of nuisances a lien against the property on which it is maintained and a personal obligation against the property owner in accordance with California Government Code Section 38773.1 or 38773.5. The City may also make the cost of abatement of a nuisance located upon a parcel of land a special assessment against that parcel.

4. The City may provide for the abatement of any nuisance and make the abatement and related administrative costs a special assessment against a parcel of land owned by the minor who caused or created the nuisance or by the parent or guardian having custody and control of the minor.

5. The City may provide that upon entry of a second or subsequent civil or criminal judgment within a two year period finding that an owner of property is responsible for a condition that may be abated in accordance to this chapter (except for conditions abated pursuant to Section 17980 of the California Health and Safety Code), the court may order the owner to pay treble the costs of the abatement.

6. The City shall follow all procedures set forth in the California Government Code Sections stated above as to proper notice, recordation, fees, liens, and assessments.

(§ 1, Ord. 921, eff. May 2, 1997)

The City may use its funds to remove graffiti from publicly or privately owned real or personal property located within the City, and to replace or repair public or privately owned property that has been defaced with graffiti.

The removal, repair, or replacement may be performed only after securing the consent of the entity or person who owns, controls, or possesses the property. The Police Department should be notified prior to said removal, repair, or replacement so that criminal evidence may be collected.

The City shall limit the improvements that this abatement provides to the area of graffiti only. The City shall not paint, repair, or replace other portions of the property that was not defaced.

(§ 1, Ord. 921, eff. May 2, 1997)