Mission Viejo Municipal Code Div. 2 Graffiti

For the purposes of this chapter, "graffiti" means the unauthorized etching, spraying of paint or making of ink, chalk, dye or other similar substances on public or private buildings, structures or places. This definition of graffiti also includes unauthorized stickers.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a) Any person who violates any provision of this division shall be guilty of a misdemeanor. Notwithstanding the foregoing, any violation may be prosecuted as an administrative civil action pursuant to chapter 1.02 or chapter 1.03 of the Mission Viejo Municipal Code.

(b) Any person convicted of any violation of section 9.59.220 shall, in addition to any other penalty imposed by the court, be subject as a condition of any probation or other court ordered disposition of the conviction to 500 hours of community service at times other than the violator's school attendance hours or employment hours, to be performed in the City of Mission Viejo removing graffiti.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The following regulations shall apply to the sale and possession of graffiti implements in the city:

(a) No person shall sell any aerosol spray paint or marker pens with tips exceeding three eighths of an inch in width to anyone person under the age of 18 years and no person under the age of 18 years shall purchase the same.

(b) No person shall have in his or her possession any aerosol spray paint, liquid paint, liquid dye or polish containers or marker pens with tips exceeding three-eighths of an inch in width, while in any public park, playground, swimming pool or recreational facility in the city. This section shall not apply to authorized employees of the City of Mission Viejo or an individual or authorized employee of any individual, agency or company under contract with the city.

(c) Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol spray paint, dye or polish containers, or marker pens with tips exceed three eighths of an inch in width, containing anything other than a solution which can be removed with water after such solution dries, shall place a sign in clear public view at or near the display of such products stating:

"GRAFFITI IS A CRIME. ANY PERSON DEFACING REAL OR PERSONAL PROPERTY NOT HIS OR HER OWN WITH PAINT OR ANY OTHER LIQUID OR DEVICE IS GUILTY OF A CRIME PUNISHABLE BY IMPRISONMENT OF UP TO SIX MONTHS IN JAIL AND A FINE OF UP TO $1,000.00."

(d) Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol contains, or marker pens with tips exceeding three-eighths of an inch in width, containing anything other than a solution which can be removed with water after it dries, shall store or cause such aerosol containers or marker pens to be stored in an area viewable by, but not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such marker pens or paint containers.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Any person who applies graffiti within the city shall have the duty to remove the same within 24 hours after notice by the city or the public or private owner of the property involved. The failure of any person to so remove said graffiti shall constitute an additional violation of this chapter. Where graffiti is applied by juveniles, the parent or parents shall be responsible for such removal or for the payment therefor.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Whenever the director of community development or the director's designated representative determines that graffiti is located on public or privately owned structures so as to be capable of being viewed by a person utilizing any public right-of-way in the city, the director or his/her designated representative is authorized to provide for the removal of said graffiti at the city's sole expense, without reimbursement from the property owner upon whose property the graffiti has been applied, upon the following conditions:

(a) In removing the graffiti, the painting or repair of a more extensive area than necessary to remove said graffiti shall not be authorized;

(b) When a structure is owned by a public entity other than the city, the removal of the graffiti may be authorized only after securing the consent of the public entity which owns the structure;

(c) Where a structure is privately owned, the removal of the graffiti by city forces or by a private contractor under the direction of the city may be authorized only after securing the consent of the owner.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Graffiti located on privately owned structures on privately owned real property within the city, so as to be capable of being viewed by a person utilizing any public right-of-way in the city, may be removed by the city as a public nuisance, at the owner's expense, pursuant to the following provisions:

(a) Whenever the director of community development or the director's designated representative is apprised of the presence of graffiti located on privately owned structures on privately owned real property within the city, the director or his/her designated representative may cause a written notice to be served upon the owner of the affected premises as such owner's name and address appear on the last equalized assessment roll, by depositing a copy of said notice with the U.S. Postal Service enclosed in a sealed envelope and with the postage thereon fully prepaid. The notice shall be registered or certified and addressed to the owner at the last known address of the owner, and if there is no known address, then in care of the property address. The service is complete at the time of such deposit. "Owner," as is used in this chapter, means any person in possession as well as any person having or claiming to have any legal or equitable interest in the premises as described by a preliminary title search from any accredited title company. The failure of any person to receive such notice shall not affect the validity of any proceeding hereunder. The property owner shall have seven days after the date appearing on the notice to remove the graffiti or be subject to city removal of the graffiti and assessment of the costs of such removal, including administrative expenses and attorney's fees, if any, as a lien on the subject property.

(b) The notice shall be substantially in the following form:

"NOTICE OF INTENT TO REMOVE GRAFFITI

Date:

NOTICE IS HEREBY GIVEN that you are required at your expense to remove or paint over the graffiti located on the property commonly known as ___________, Mission Viejo, California, within seven days after the date appearing on this notice. Said graffiti is visible to public view and therefore constitutes a public nuisance. If you fail to comply with this order, city employees or private city contractors will enter upon your property and abate the public nuisance by removal of painting over of the graffiti. The cost of the abatement by the city or its private contractors will be assessed against your property and such costs will constitute a lien upon the land until paid.

All persons having any objection to, or interest in said matters are hereby notified to submit any objections or comments to the director of community development for the City of Mission Viejo or his/her designated representative within seven days from the date appearing on this notice. At the conclusion of this seven day period the city may proceed with the abatement of the graffiti inscribed on your property at your expense without further notice."

The service of this notice shall be made on the day the notice is dated and by affidavit filed with the city clerk.

(c) If any objections are submitted to the director of community development within seven days of the date indicated on the notice of intent to remove graffiti, the director shall schedule a hearing on the matter, which shall follow the procedures set forth in sections 9.59.145 and 9.59.150 of Division 1.

(d) The costs of abatement by the city shall be recovered pursuant to section 9.59.175 of Division 1 of this chapter.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Where the director of community development or his/her representative determines that circumstances warrant, graffiti located on privately owned structures on privately owned real property which is capable of being viewed by a person utilizing any public right-of-way in the city may be removed by the city as a public nuisance at the owner's expense within 48 hours of personally serving notice to the property owner thereof.

(a) When proceeding under this section, written notice shall be served upon the owner of the affected premises as such owner's name and address appear on the last equalized assessment roll, by personally serving such notice upon the property owner in the same manner as is specified for personal service of a summons in accordance with Code of Civil Procedure §§ 415.10 et seq. "Owner," as used in this section, means any person in possession as well as any person having or claiming to have any legal or equitable interest in the premises as described by a preliminary title search from any accredited title company. The property owner shall have 48 hours after receiving the notice to remove the graffiti or be subject to city removal of the graffiti and assessment of the costs of such removal as a lien on the subject property.

(b) The notice shall be in substantially the same form as the notice specified in section 9.59.230, above, except that a 48-hour period shall be specified thereon.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Where the City of Mission Viejo has undertaken the removal of graffiti at city expense from any private property in accordance with the provision of this chapter, the city shall be entitled to the assignation of any rights such property owner may possess pursuant to the relevant provisions of the California Civil Code to recover the costs of abatement, including administrative expenses and attorney's fees, from person who committed the offense, or the parent or legal guardian thereof.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The council may, by resolution, establish a reward for information leading to the identification, apprehension and conviction of any person who places graffiti upon any public or private property in the city. Said resolution may require that the convicted offender reimburse the city for any reward paid, and place responsibility for reimbursement upon the parent(s) or legal guardian(s) of any minor so convicted.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Nothing in this chapter shall be deemed to prevent the city from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or state law to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings herein set forth.

(Ord. No. 98-193, §§ 1—4, 10-19-98)