Mendocino County Municipal Code Ch. 8.200 Graffiti Suppression

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Editor's note— Ord. No. 4298, § 1, adopted July 10, 2012, amended Ch. 8.200, §§ 8.200.010—8.200.100 in their entirety. Former Ch. 8.200 pertained to similar subject matter and was derived from Ord. No. 4176 § 1 (part), adopted 2006.

The Board of Supervisors finds that graffiti on public and private property has a direct negative impact on a neighborhood and the value of property, and presents an imminent danger to the public safety and welfare as it encourages gang activity and other acts of malicious activity, and is a public nuisance. The presence of graffiti which is not abated immediately encourages the creation of additional graffiti, resulting in neighborhood blight and increased costs of abatement. The purpose of this Chapter is to provide a program for rapid removal of graffiti from walls and structures on both public and private property in the unincorporated area of Mendocino County and to provide regulation designed to prevent and control the further spread of graffiti in the unincorporated area of Mendocino County.

(Ord. No. 4298, § 1, 7-10-2012)

"Graffiti" means any defacing of public or private buildings, structures or places, unauthorized by the owner or other person in control of the property, through any inscription, word, figure or design that is marked, etched, scratched, drawn or painted using application of paint, ink, dye or any other similar substance.

"Graffiti implement" means any pressurized container, broad-tipped marker of one-quarter inch or more, paint stick, or graffiti stick.

(Ord. No. 4298, § 1, 7-10-2012)

(A) No person shall place or cause to be placed graffiti upon any publicly or privately owned permanent building, structure or place within unincorporated area of Mendocino County.

(B) No person owning or otherwise in control of any real property within the unincorporated area of Mendocino County, shall allow or permit any graffiti to remain on any permanent structure located on such property when the graffiti is visible from the street or other public or private property.

(Ord. No. 4298, § 1, 7-10-2012)

The Sheriff or his/her designee, or the Director of Planning and Building or his/her designee, or the Solid Waste Director or his/her designee, or other persons authorized by the Chief Executive Officer, are hereby authorized to summarily abate graffiti by painting over it, notwithstanding any requirements in this Code for prior notice before abatement.

(Ord. No. 4298, § 1, 7-10-2012)

(A) Whenever the Director of Planning and Building or his/her designee, determines that graffiti exists on any permanent structure in the unincorporated area of Mendocino County which is visible from the street or other public or private property, the Director may as an alternative to summary abatement cause a notice to be served on the property owner demanding abatement of the graffiti as provided by this section.

(B) The notice shall be served on the owner(s) of the affected property, as such owner's name and address appear on the last equalized property tax assessment rolls of the County of Mendocino. The notice shall be served by either personal delivery or certified or first class mail. In addition, where the property is known to be occupied by other than the record owner, a copy of the notice shall be sent by certified or first class mail to the occupant at the property address or posted on the affected property.

(C) The notice shall inform the property owner that the graffiti exists and must be immediately abated. The notice shall request that, within ten (10) days of personal delivery or mailing of the notice, the owner either abate the graffiti or sign and return a consent form authorizing the County to enter the property and abate the graffiti, at the property owner's expense, by cleaning, painting or otherwise removing the graffiti. The consent form to be signed by the owner shall be prepared by the County and served with the Notice to Abate.

(Ord. No. 4298, § 1, 7-10-2012)

Graffiti which is visible from a street or other public or private property, is hereby declared to be a public nuisance.

(Ord. No. 4298, § 1, 7-10-2012)

(A) In the event the property owner receiving notice under Section 8.200.050 fails to either abate the graffiti or consent to abatement by the County, within the 10-day period, The County may proceed to abate the graffiti under any applicable nuisance abatement procedure including, but not limited to, the nuisance abatement procedures provided in Chapter 8.75 of this Code, to include assessment of the costs of abatement against the owner and placement of an abatement lien. If The County anticipates that these abatement procedures will be used, any notice required by Chapter 8.75 of this Code may be included in the notice specified by Section 8.200.050 so that only one (1) 10-day notice period is required prior to abatement by The County. County employees, agents, volunteers and other work crews supervised by The County, and private contractors of The County, are expressly authorized to enter private property for purposes of abating graffiti under any nuisance abatement procedure.

(B) Where graffiti has been abated by The County due to the refusal or failure of the property owner to either remove the graffiti or to allow The County to remove the graffiti, the owner shall reimburse The County for the actual cost of the removal of the graffiti. If the statute or ordinance under which The County proceeds with abatement does not specify the costs to be included, such costs shall include labor, material, inspection and reasonable administrative costs.

(Ord. No. 4298, § 1, 7-10-2012)

(A) Any person found guilty of applying graffiti in violation of Section 8.200.030, shall reimburse The County or the property owner for any and all costs the owner or The County may incur in removing graffiti under this Chapter. If the violator is a minor, the parent or guardian shall be responsible for such reimbursement. Such reimbursement shall be in addition to any other civil or criminal penalties authorized by law to be imposed.

(B) Any person who fails to comply with any Order of Abatement or who violates any other provision of this Chapter, is guilty of an infraction, punishable as set forth in Section 1.04.110 of this Code.

(C) Any person who obstructs, impedes or interferes with any representative of The County or any property owner when engaged in proceedings involving abatement of graffiti under this Chapter, is guilty of an infraction, punishable as set forth in Section 1.04.110 of this Code.

(Ord. No. 4298, § 1, 7-10-2012)

It shall be unlawful for any person under the age of eighteen (18) years to have in his or her possession any graffiti implement capable of defacing property with a permanent, indelible or waterproof substance while on private property without the consent of the Owner, or while on public property, unless the minor is using the graffiti implement under the supervision of a parent, teacher or legal guardian.

(Ord. No. 4298, § 1, 7-10-2012)

(A) It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or to permit to be exchanged, given, loaned or otherwise furnished, any graffiti implement to anyone under the age of eighteen (18) years in the absence of and without the written consent of the parent or legal guardian.

(B) Before selling any graffiti implement capable of defacing property with a permanent, indelible or waterproof substance, a retailer must first obtain bona fide evidence of age and identity. As used herein, the phrase "bona fide evidence of age and identity" shall mean any document evidencing the age and identity of any individual that has been issued by a federal, state, or local governmental entity, and includes, but is not limited to, a motor vehicle operator's license, a registration certificate issued under the federal selective service act, or an identification card issued to a member of the armed forces.

(C) Any person, organization, company, firm or association engaged in the retail sale of graffiti implements capable of defacing property with a permanent, indelible or waterproof substance must place a sign at the location of retail sale that is clearly visible and legible to employees and customers and which states as follows:

GRAFFITI IMPLEMENTS: IT IS UNLAWFUL FOR ANY PERSON TO SELL OR GIVE TO ANY INDIVIDUAL UNDER THE AGE OF EIGHTEEN YEARS ANY GRAFFITI IMPLEMENT CAPABLE OF BEING USED TO DEFACE PROPERTY. ANY PERSON WHO MALICIOUSLY DEFACES REAL PROPERTY IS GUILTY OF VANDALISM WHICH IS PUNISHABLE BY A FINE, IMPRISONMENT, OR BOTH.

(Ord. No. 4298, § 1, 7-10-2012)

Any person, organization, company, firm, or association who sells, displays or stores any graffiti implements in violation of the provisions of this Article shall, to the extent permitted by law, be personally liable for any and all costs incurred by any party in connection with the removal of graffiti, or the repair of any property containing graffiti, caused by any person who used such graffiti implement in violation of the provisions of California Penal Code Section 594, and for all attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages.

(Ord. No. 4298, § 1, 7-10-2012)

Nothing in this Chapter shall be deemed to prevent County Counsel or District Attorney from commencing a civil or criminal proceeding or action to abate a public nuisance under any other applicable law. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. No. 4298, § 1, 7-10-2012)

The provisions of this Ordinance are separate and severable. If any provision of this Ordinance is for any reason held by a court to be unconstitutional or invalid, the Board declares that it would have passed this Ordinance irrespective of the invalidity of the provision held to be unconstitutional or invalid. Such unconstitutionality or invalidity shall therefore not affect the remaining provisions of this Ordinance, or the validity of its application to other persons or circumstances.

(Ord. No. 4298, § 1, 7-10-2012)