Menifee Municipal Code Ch. 11.40 Abatement of Graffiti

For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

GRAFFITI. Any unauthorized inscription, word, figure, mark, symbol or design that is marked, etched, scratched, drawn or painted on any part of any real or personal property.

(Ord. 2009-52U, passed 7-21-2009)

(A) It is unlawful and a violation of this chapter of the Municipal Code for any person to place, apply or attempt to place or apply graffiti to or upon any public or private real or personal property within the city.

(B) When such graffiti is visible from a public right-of-way or from other publicly owned property, such graffiti also is determined to be a public nuisance which requires immediate abatement to protect public health pursuant to § 11.20.040(C).

(C) No person owning or otherwise in control of such real property (whether tenant, occupant or otherwise) or of personal property shall permit or allow any graffiti to be placed or applied (or attempted to be place or applied) on that property when it is visible from other public or private property and shall be required to remove such graffiti as required by § 11.40.030.

(D) Any person who places or applies graffiti within the city shall have a duty to remove that graffiti within 24 hours of notice by the city to do so. Failure to promptly remove such graffiti constitutes a separate and additional violation of this chapter and of the Municipal Code.

(E) Where graffiti is placed or applied by a minor under the age of 18, the parent and/or legal guardian of such minor shall be responsible for the removal of the graffiti and/or the payment thereof.

(Ord. 2009-52U, passed 7-21-2009)

(A) The owner, occupant or person otherwise in control of real property (whether tenant, occupant or otherwise) or of personal property (whether public or private) on which graffiti has been placed or applied shall remove such graffiti (or repair and replace the property from which graffiti cannot be removed) at his/her own expense within 72 hours of the discovery of the application of such graffiti.

(B) In the event graffiti is not removed under division (A) above, the city may utilize the procedures set out in § 11.20.040(C) for the immediate removal and summary abatement of graffiti, and thereafter may collect the costs of such abatement as set out in Chapter 11.20.

(C) Notwithstanding, the city may determine to bear the cost of such removal or replacement pursuant to the provisions of Cal. Govt. Code § 53069.3 after obtaining the prior written consent of the property owner or possessor.

(D) In removing the graffiti or other inscribed material, the painting or repair of a more extensive area than necessary to remove the graffiti shall not be authorized. The removal of graffiti shall stay consistent with removal process of the type of existing property, such as anti-graffiti material and color paint palette.

(Ord. 2009-52U, passed 7-21-2009; Am. Ord. 2017-215, passed 6-21-2017)

(A) The expense of abatement of graffiti may be recovered by the city through a lien or special assessment on or against the property of the minor or other person creating, causing or committing the nuisance and who has confessed to, admitted to, pled guilty or nolo contendere to or been convicted of an offense regarding graffiti as set out in Cal. Govt. Code § 38772. The lien or special assessment may be placed on property that belongs to the parent or guardian having custody and control of the minor.

(B) The minor or other person shall be notified prior to the recordation of a lien on the parcel of land owned by that person in the manner set out in Cal. Govt. Code § 38773.2(b).

(C) The lien shall specify the amount; the name of the city, the date of the abatement order, the street address, legal description and assessor's parcel number and the name and address of the record owner and shall be processed, recorded and released as provided in Cal. Govt. Code § 38773.2.

(D) The costs included in the lien include, but are not limited to any 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, as well as administrative costs associated with the lien.

(E) Any special assessment may be collected at the same time, in the same manner and subject to the same laws, penalties and procedures for delinquencies as ordinary municipal taxes, subject to the provisions regarding bona fide purchasers set out in Cal. Govt. Code § 38773.6.

(Ord. 2009-52U, passed 7-21-2009)

This chapter may be enforced by any means legally available to the city, including but not limited to administrative citation.

(Ord. 2009-52U, passed 7-21-2009)

A reward for information leading to the identification, apprehension and conviction of any person who has violated the provisions of this chapter is authorized to range from $100 to $500. Whether a reward is appropriate and the amount thereof shall be determined at the discretion of the City Council or City Manager, based upon the severity of the crime and the utility of the information received.

(Ord. 2009-52U, passed 7-21-2009)

Any gas, electric, telecommunication, water, sewer, cable, or other utility operation in the city shall paint its above-surface metal fixtures with a uniform paint type and color which meets with the approval of the city.

(Ord. 2017-215, passed 6-21-2017)

In approving tentative or parcel maps, conditional use permits, plot plans, public use permits, or other similar land use entitlement, the city may impose terms or conditions such as anti-graffiti material or approve color palette designed to prevent and facilitate the removal of graffiti.

(Ord. 2017-215, passed 6-21-2017)