Chapter 9.24 — GRAFFITI CONTROL

The purpose of this chapter is to provide a program for graffiti removal and to provide regulations designed to prevent and control the further spread of graffiti in the Town. Graffiti on public and private buildings, structures and places creates a condition of blight within the Town which results in a deterioration of property and business values for adjacent and surrounding properties all to the detriment of the Town. The Town Council finds and determines that graffiti is a public nuisance which must be abated to avoid the detrimental impact of such graffiti on the Town and to prevent the further spread of graffiti.

(Code 1990, § 9.12.010; Ord. No. 96-07, § 1, 1996)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Expense of abatement means and includes, but is not limited to, court costs, attorneys' fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the Town and other law enforcement agencies in identifying and apprehending the perpetrators.

Graffiti means any unauthorized inscription, work, figure, mark or design that is written, marked, etched, scratched, drawn or painted on any real or personal property.

Manager means the Town Manager of the Town.

Minor means an individual under 18 years of age, or an individual under 18 years of age who has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Penal Code § 594, 594.3, 640.6 or 640.7, or a minor convicted by final judgment of a violation of Penal Code § 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 § 602 by reason of the commission of an act prohibited by Penal Code § 594, 594.3, 640.5, 640.6 or 640.7.

Responsible adult means the parent or guardian having custody and control of the minor and present with the minor when the minor is in possession of an aerosol container of paint or other liquid substance capable of graffiti defacement of property.

(Code 1990, § 9.12.020; Ord. No. 96-07, § 1, 1996)

The procedures established in this chapter shall be in addition to any other legal remedy established by law.

(1)

No person shall place or cause to be placed any graffiti upon any publicly or privately owned building, structure or place located on publicly or privately owned real or personal property within the Town.

(2)

No person owning or otherwise in control of any real property within the Town shall permit or allow any graffiti to be placed upon or remain on any building, structure or place located on such property when the graffiti is visible from the street or other public or private property, for a period in excess of that described in this chapter for notice and removal of graffiti.

(3)

Violation of this chapter may be prosecuted as a misdemeanor.

(Code 1990, § 9.12.030; Ord. No. 96-07, § 1, 1996)

(a)

Possession by minors prohibited. It is unlawful for any individual under the age of 18 years, who is in a public place or upon private property without consent of the owner or tenant thereof and who is not accompanied by a responsible adult, to possess an aerosol container of paint or other liquid substance capable of defacing property.

(b)

Signs required. Any person engaged in the retail sale of aerosol containers of paint and other liquid substances capable of defacing property must display at the location of retail sale a sign clearly visible and legible to employees and customers which states as follows:

It is unlawful for any individual under the age of 18 years, who is in a public place or upon private property without consent of the owner or tenant thereof and who is not accompanied by a responsible adult, to possess an aerosol container of paint or other liquid substance capable of defacing property.

(Code 1990, § 9.12.040; Ord. No. 96-07, § 1, 1996)

(a)

Any minor creating, causing or committing defacement of property by graffiti shall be responsible for the expense of abatement of that graffiti and all expenses of said abatement shall constitute a lien against property of the minor and a personal obligation against the minor pursuant to Government Code § 38772, 38773.2 or 38773.6.

(b)

The parent or guardian having custody and control of the minor shall be jointly and severally liable with the minor. The expense of abatement of any nuisance resulting from the defacement by a minor of property by means of graffiti may be made a lien against the property of a parent or guardian having custody and control of the minor and shall constitute a personal obligation against the parent or guardian having custody and control of the minor pursuant to Government Code § 38772, 38773.2 or 38773.6.

(Code 1990, § 9.12.050; Ord. No. 96-07, § 1, 1996)

Any person creating, causing or committing defacement of property by graffiti shall be responsible for the expense of abatement of that graffiti and all expenses of said abatement shall constitute a lien against property of that person and a personal obligation against that person.

(Code 1990, § 9.12.060; Ord. No. 96-07, § 1, 1996)

When the Police Chief or designee determines that graffiti exists on any building, structure or place in the Town which is visible from the street or other public or private property, the Chief shall cause a notice to be issued to abate such nuisance. The property owner shall have ten days after the date of the notice to remove the graffiti or appeal pursuant to Section 8.24.070.

(Code 1990, § 9.12.070; Ord. No. 96-07, § 1, 1996)

(a)

The notice to abate graffiti shall be served upon the owner of the affected premises, as such owner's name and address appears on the last equalized property tax assessment rolls of the County. In addition, if there is a commercial tenant using the premises, there shall also be an attempt to serve said tenant. If there is no known address for the owner, and/or there is more than one commercial tenant on the property, the notice shall be posted in a conspicuous location on the premises. The notice required by this chapter may be served in any one of the following manners:

(1)

By personal service on the owner, occupant or person in charge or control of the property;

(2)

By registered or certified mail addressed to the owner at the last known address of said owner, postage prepaid, return receipt requested. If this address is unknown, or the property is occupied, the notice will be posted in a conspicuous place on the premises or delivered to the occupant;

(3)

By posting the notice and order conspicuously on, or in front of, the property on which the violation is located.

(b)

The failure of any person with an interest in property to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner described above shall become effective on the date of mailing.

(Code 1990, § 9.12.080; Ord. No. 96-07, § 1, 1996)

In the event the property owner complies with the notice by the designated date or such continued date, as the Police Chief or designated representative approves, then the Town shall reimburse the property owner for the cost of labor and materials up to a maximum of $150.00 for the first incident of graffiti on the property, and up to $100.00 for each subsequent incident. Receipts for labor and materials used must accompany the claim. The Town shall not reimburse the property owner where the Police Chief finds that the owner has persuaded, allowed or encouraged the graffiti problem.

(Code 1990, § 9.12.090; Ord. No. 96-07, § 1, 1996)

(a)

Upon receipt of a request for hearing, the Manager shall calendar a hearing, not less than ten days from receipt of the request and not more than 30 days from such receipt.

(b)

The Manager, or designee, at the time set for hearing, shall hear and consider all relevant information presented and shall receive information from owners, witnesses, Town personnel and other interested persons relative to such nuisance and to any proposed means for rehabilitation, repair or demolition of such premises.

(c)

The hearing may be continued from time to time.

(Code 1990, § 9.12.100; Ord. No. 96-07, § 1, 1996)

(a)

Upon or after the conclusion of the hearing, the Manager shall, based upon such hearing, determine whether the premises, or any part thereof, as maintained, constitutes a nuisance as defined by Chapter 8.24. If the Manager finds that such nuisance does exist and that there is sufficient cause to rehabilitate, demolish or repair the same, the Manager shall make a written order setting forth findings and ordering the owner, lessee, occupant, or other person having charge of such premises to abate such nuisance by having such premises, building or structure rehabilitated, repaired or demolished in the manner and by the means specifically set forth in the order. Such order shall set forth the times within which such work shall be commenced and completed.

(b)

Such order and findings shall be served upon the owner, lessee, occupant or person in charge of the premises by ordinary first class mail to the address provided by such person at the time of hearing, if any, and otherwise, to the address where the nuisance has been determined to exist and shall contain a detailed

list of needed corrections and abatement methods. If no mailing address is so available, such order and findings shall be posted in a conspicuous place near the front entrance of the premises on which the nuisance has been determined to exist.

(c)

Within ten days from the date of giving the order, the owner, lessee, occupant, or person in charge of such premises affected may appeal to the Council. Such appeal shall be in writing and shall be filed with the Town. If a hearing is not requested within the ten days, the decision of the Manager shall be deemed final and the right to any further hearings shall be deemed waived. The appeal shall be set for hearing and heard at a meeting of the Council not more than 30 days after such filing. The Council, at the time set for hearing, shall hear and consider all relevant information presented and shall receive information from owners, witnesses, Town personnel and other interested persons relative to such nuisance and to any proposed means for rehabilitation, repair or demolition of such premises. The hearing may be continued from time to time. The decision of the Council shall be final and conclusive.

(Code 1990, § 9.12.110; Ord. No. 96-07, § 1, 1996)

Any owner, lessee or person having their written authorization may bring an action to contest the decision of the Town Council within 30 days after the date of such decision. Otherwise, all objections to such decision shall be deemed waived.

(Code 1990, § 9.12.120; Ord. No. 96-07, § 1, 1996)

Upon failure of persons to comply with the notice to abate by the designated date, or such continued date thereafter as the Police Chief or designated representative approves, then the Police Chief is authorized and directed to cause the graffiti to be abated by Town personnel or private contract. The Police Chief shall obtain an abatement warrant permitting entry by Town personnel or contract personnel to accomplish abatement.

(Code 1990, § 9.12.130; Ord. No. 96-07, § 1, 1996)

(a)

The Manager or agent shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate parcel of land where the work is done and shall render an itemized report in writing to the Council showing the cost of abatement and the methods used, inclusive of any salvage value relating thereto. In addition thereto, a copy of the report that is submitted to the Council shall be served in the manner provided in Section 9.24.110(b), together with a notice of the time when the report will be heard and reviewed by the Council for confirmation.

(b)

The matter shall be set on the agenda for hearing at a meeting of the Council to determine the reasonableness of such costs and any administrative costs assessed.

(c)

Incidental expenses and costs of administration includes, but is not limited to, the actual expenses and costs of the Town in the preparation and service of notices, specifications and contracts, and in inspecting the work and the costs of any printing and mailing required to effectuate the procedures of this chapter.

(Code 1990, § 9.12.140; Ord. No. 96-07, § 1, 1996)

At the time and place fixed for receiving and considering the report of account as set forth in Section 9.24.140, the Council shall hear and pass upon the report of such costs of abatement, together with any objections or protests. This proceeding shall be limited to the issues involved in and related to the costs of abatement only, and no information or testimony shall be admitted or considered relating to the determination of whether a nuisance existed or any abatement thereof was reasonable. At the time of the hearing on such report of costs of abatement, the Council may make such revision, correction or modification in the report as it may deem just, after which, by motion, the report, as submitted or as revised, corrected or modified, shall be confirmed. The decision of the Council on all protests and objections which may be made shall be final and conclusive. Judicial review of such decision shall be available only as provided in Section 9.24.120.

(Code 1990, § 9.12.150; Ord. No. 96-07, § 1, 1996)

The total cost for abating such nuisance, as confirmed by the Council, 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, as so made and confirmed, shall constitute a lien on the property for the amount of such assessment. After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. The notice of lien for recordation shall be in a form approved from time to time by the Town Council, a copy of which is on file in the office of the Town Clerk.

(Code 1990, § 9.12.160; Ord. No. 96-07, § 1, 1996)

Nothing in this chapter shall be deemed to supersede any other remedies in this Code nor to prevent the Town from commencing civil or criminal proceedings to abate a public nuisance under applicable State or Federal law, or to proceed with other authorized nonjudicial nuisance abatement procedures as an alternative to the proceedings set forth in this chapter.

(Code 1990, § 9.12.170; Ord. No. 96-07, § 1, 1996)