Chapter 10.45 — GRAFFITI

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 county. Graffiti on public and private buildings, structures, and places creates a condition of blight within the county resulting in a deterioration of property and business values for adjacent and surrounding properties all to the detriment of the county. The board of supervisors finds and determines that graffiti is a public nuisance which must be abated to avoid the detrimental impact of such graffiti on the county and to prevent the further spread of graffiti.

(Ord. No. 12-03, § 1, 8-7-2012)

A.

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

B.

"Minor" means an individual under eighteen years of age who has not been emancipated by a competent court of law.

C.

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

D.

"Expense of abatement" includes, but is not limited to, court costs, attorney fees, costs of removal of the graffiti, costs of repair and replacement of property defaced by the graffiti, the law enforcement costs incurred by the county and other law enforcement agencies in identifying and apprehending the perpetrator(s), and any other actual expenses and costs of the county in preparation and service of notices, specifications and contracts, and/or mailings required to effectuate the procedures of this chapter.

E.

"Person" means any natural person, firm, association, club, organization, corporation, partnership, business, trust, company or any other entity which is recognized by law as the subject of rights or duties.

(Ord. No. 12-03, § 1, 8-7-2012)

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

A.

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

B.

No person owning or otherwise in control of any real property within the unincorporated county limits 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 a street or other public or private property, for a period in excess of that described in this chapter for notice and removal of graffiti.

C.

Violation of this chapter may be prosecuted as an infraction or misdemeanor.

(Ord. No. 12-03, § 1, 8-7-2012)

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 and/or his/her parents or guardian having custody and control of the minor pursuant to Government Code Sections 38772, 38773.2, or 38773.6. Prior to the recordation of a lien, written notice shall be provided to the minor notifying the minor of the county's intent to record the lien.

B.

The responsible adult of the minor shall be jointly and severally liable with the minor for violation of the provisions of this chapter. The expense of abatement of any nuisance resulting from the defacement by minor of property by means of graffiti may be made a lien against the property of the responsible adult and shall constitute a personal obligation against the responsible adult pursuant to Government Code Sections 38773.2 or 38773.6. Prior to the recordation of a lien, written notice shall be provided to the responsible adult notifying the responsible adult of the county's intent to record the lien.

(Ord. No. 12-03, § 1, 8-7-2012)

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 the property of that person and a personal obligation against that person pursuant to Government Code Sections 38772, 38773.2, or 38773.6. Prior to the recordation of a lien, written notice shall be provided to the person notifying the person of the county's intent to record the lien.

(Ord. No. 12-03, § 1, 8-7-2012)

A.

Whenever the code compliance specialist determines that graffiti exists on any building, structure, or place in the unincorporated areas of the county which is visible from a street or other public or private property, he shall cause a notice to be issued advising the property owner of that determination, and advising the property owner that the county will reimburse the property owner his/her reasonable cost of labor and materials for such abatement if the graffiti is abated within fourteen days of service of this notice, and the owner does not appeal the determination of the code compliance specialist. It shall be the burden of the property owner to prove eligibility for this reimbursement. Receipts for labor and materials used must accompany the claim for reimbursement. In no event shall the county provide a reimbursement greater than two hundred dollars during any calendar year. Additionally, the county shall not reimburse the property owner where the code compliance specialist finds that the property owner has allowed or encouraged the incident(s) of graffiti. Alternatively, the code compliance specialist and necessary personnel may, in his or her discretion, enter onto the property with the consent of the property owner or his or her agent and abate the graffiti at the county's expense.

B.

Whenever the code compliance specialist determines that graffiti exists on any building, structure, or place in the unincorporated areas of the county which is visible from a street or other public or private property, he may also initiate the administrative citation process pursuant to Mono County Code Chapter 1.12. This notice may be combined with the notice required under subsection A, above.

C.

Whenever the code compliance specialist determines that graffiti exists on any building, structure, or place in the unincorporated areas of the county which is visible from a street or other public or private property, he may also request to the board of supervisors that a nuisance abatement process be initiated and carried out pursuant to Mono County Code Chapter 7.20. This process shall cease upon the abatement of the graffiti undertaken by a person other than the county.

(Ord. No. 12-03, § 1, 8-7-2012)

Nothing in this chapter shall be deemed to supersede any other remedies in this code nor to prevent the county from commencing civil or criminal proceedings to abate a public nuisance under applicable state or federal law, or to proceed with other authorized non-judicial nuisance abatement procedures as an alternative to the proceedings set forth in this chapter.

(Ord. No. 12-03, § 1, 8-7-2012)