Martinez Municipal Code Ch. 8.28 Graffiti Abatement

[1]

Editor's Note: Prior legislation: Ord. 1084 C.S. § IV, 1986.

A. Words and phrases used in this chapter shall have the same meaning as under Cal. Penal Code §§ 594 and 594.2 and Cal. Gov't. Code §§ 38772, 38773.2, and 53069.3, unless otherwise defined herein, or where otherwise required by the context, in which case such word or phrase shall have such reasonable meaning as shall give effect to the purposes of this chapter.

B.

COST (or costs) OF REMOVAL

Includes the costs of removal of the graffiti, or if the graffiti cannot be removed cost effectively, the costs of repair and replacement of property defaced with graffiti, and not the painting, repair or replacement of other parts of the property that were not defaced, and those expenses described in Cal. Gov't. Code § 38772(d)(1).

C.

DAYS

Means calendar days.

D.

GRAFFITI

Means "graffiti or other inscribed material" as defined in Cal. Gov't. Code §§ 38772 and 53069.3 and Cal. Penal Code § 594.

E.

PROPERTY OWNER or OWNER

Includes the lessee of the property or other person in possession thereof, in addition to the definition of "owner" given in Section 1.04.010(K).

F.

RESPONSIBLE ADULT

Is a parent or guardian having custody or control of an individual under the age of 18 years.

(Ord. No. 1478, 10/22/2025)

It shall be unlawful for any person:

A. To have graffiti on property which can be seen from the public right-of-way of adjacent or neighboring property; or

B. To have graffiti on property which causes a depreciation of property values or is detrimental to the public health and welfare of neighborhoods.

(Ord. No. 1478, 10/22/2025)

The existence of graffiti in the City of Martinez is hereby declared to be a public nuisance, and may be summarily abated pursuant to Cal. Gov't. Code §§ 53069.3 and 38772 et seq., and this chapter.

(Ord. No. 1478, 10/22/2025)

All persons offering for sale markers with a marking tip of 1/4 inch or more in diameter or any aerosol or pressurized container of paint shall keep such markers or paint in a location where they can be in constant view of the employee, agent, or other authorized representative of the person selling the markers or paint.

(Ord. No. 1478, 10/22/2025)

A. Property owners shall remove graffiti from their property within 20 calendar days after notification by the City to remove such graffiti. Failure to remove graffiti within the time allowed shall automatically cause the building or property to be deemed a nuisance, and the expense of abatement of the nuisance shall be a lien or special assessment against the property and a personal obligation of the property owner pursuant to Cal. Gov't. Code § 38773.1 or 38773.5.

B. Where graffiti is applied by an individual under the age of 18 years, in addition to such individual, the responsible adult shall be responsible for such removal or payment for the costs of removal. In the event that such individual or responsible adult fails to remove the graffiti or pay for the costs of removal within seven days after being served with notice to remove the graffiti, then the cost of removal shall become the personal obligation of such individual and/or responsible adult pursuant to Cal. Gov't. Code § 38773.2 or 38773.6. Any notice from the City shall contain an admonition that any costs of removal incurred by the City shall be the responsibility of the person(s) being notified and, if not paid by said person(s), may become an assessment or lien against the property of said person(s). If the graffiti is on private property, then the person required to remove it shall obtain consent of the private property owner to go upon that property to remove the graffiti.

C. All notices required or given hereunder to property owners shall be provided in accordance with Cal. Gov't. Code § 38773.1 et seq, as applicable. No lien or special assessment shall be recorded until after such notice has been provided.

D. In the event the property owner, responsible adult, or individual who has applied the graffiti fails to remove the graffiti after notice has been sent, then the City may abate the graffiti as a nuisance as provided herein.

E. The City may remove the graffiti with the consent of the property owner and shall charge the property owner for the cost of removal; unpaid graffiti abatement costs may be recovered through the special assessment lien procedures set forth in Section 1.13.090.

(Ord. No. 1478, 10/22/2025)

A. The property owner, responsible adult, or individual who has applied the graffiti may request a hearing with respect to any of the duties, responsibilities, or liabilities under this chapter before the Chief of Police within 10 days after mailing or delivery of any notice provided under Section 8.28.050. The Chief of Police shall schedule a hearing within 30 days of receipt of the request for a hearing. The Chief of Police shall hear facts and testimony relevant to the graffiti abatement and shall not be limited to the technical rules of evidence. The property owner may appear at the hearing or submit a written statement, attesting under penalty of perjury to the accuracy of the information provided, in time for consideration at the hearing.

B. The Chief of Police shall notify the property owner of the decision rendered at the hearing within 15 days of the hearing. If not timely appealed, the Chief of Police or designee's decision shall be final. The Chief of Police may delegate any of the authority granted under this section to an appropriate hearing officer.

C. The property owner, responsible adult, or individual who has applied the graffiti may appeal the decision of the Chief of Police by filing a written request for appeal, along with the application fee, with the City Clerk within 10 days of receipt of the decision of the Chief of Police. The City Clerk or designee shall give written notice of the time and place of the hearing to the property owner. The appeal shall be heard by the City Council, which may affirm, amend, or reverse the decision of the Chief of Police or designee, and shall not be limited by the technical rules of evidence. The City Council's decision shall be final.

(Ord. No. 1478, 10/22/2025)

All liens recorded pursuant to this chapter shall comply with the requirements of Cal. Gov't. Code § 38773.2. Any fee imposed on the City by the County Recorder in connection with the processing and recording of any lien hereunder, or the providing of notice to the property owner, may be recovered from the property owner as provided in Cal. Gov't. Code § 38773.2.

(Ord. No. 1478, 10/22/2025)

Whenever this chapter allows for the recovery of costs, such costs may include, but are not limited to, administrative costs, court costs, attorney's 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 City in identifying and apprehending the minor.

(Ord. No. 1478, 10/22/2025)

The City may pay to any person who provides information which leads to the arrest and conviction of any person who applies graffiti a reward as established by Council resolution.

(Ord. No. 1478, 10/22/2025)

The City may apply and administer City funds (as defined in Cal. Gov't. Code § 53069.3(d)(3)) to abate or remove graffiti under this chapter, and to replace or repair property within the City that has been defaced with graffiti that cannot be removed cost effectively.

(Ord. No. 1478, 10/22/2025)

A. The violation of any section of this chapter shall be a misdemeanor.

B. Community service in the City of Martinez may be imposed in lieu of any financial penalties and punishments where there has been a conviction or guilty or nolo contendere plea to a misdemeanor.

(Ord. No. 1478, 10/22/2025)

Prior to the entry onto private property by the City for the purpose of graffiti removal, written consent in a form acceptable to the City Attorney shall be obtained from the property owner or designated agent for authorization of entry and release of liability. Notwithstanding the foregoing, consent of the property owner shall not be required if the City is authorized by court order to enter the property for the purpose of graffiti removal.

(Ord. No. 1478, 10/22/2025)

A reasonable administrative fee may be imposed against any person found in violation of this chapter as a part of any abatement hereunder in addition to and not in lieu of any other fine, charge, fee, cost, assessment, or payment imposed in connection with any violation of this chapter.

(Ord. No. 1478, 10/22/2025)