Monterey Municipal Code § 22-35 Findings and Purpose

a.The Monterey City Council finds that the presence of graffiti on public and private property within the City can cause the aesthetic deterioration of neighborhoods and commercial areas, creates blight and, if not promptly abated, may lead to further placement of graffiti and the aesthetic deterioration of areas within the City of Monterey.

b.The Monterey City Council finds and determines that graffiti is obnoxious and a public nuisance, and must be eliminated by means of prevention, education, and abatement to avoid the detrimental impact of such graffiti on the City and its residents, and to prevent the further spread of graffiti. Prompt removal is a disincentive to graffiti and minimizes the blight created by graffiti.

c.The purpose of this article is to promote the health, safety, and general welfare of the community by creating an aesthetically pleasing environment in which graffiti is declared a nuisance which must be promptly abated by property owners and imposing penalties on vandals. (Ord. 3481 § 2, 2013)

a.As used in this chapter, “graffiti” means any unauthorized form of painting, scratching, writing or inscription, regardless of the content or nature of the material used, which is placed upon any private structure, fixture, sign, sidewalk, or other real or personal property in any location where it can be viewed from any public street, bay, walkway, building, park, facility, or any other public property, or upon any public structure, fixture, sign, sidewalk, or other real or personal property, and which is without the authorization of the owner or any other person in control of the property.

b.“Owner” means any person, firm, corporation, partnership or other entity, owning property either public or private, whose name or title appears on the last equalized assessment roll with the Monterey County Recorder’s office, or the lessee, tenant or other person having control or possession of the property. (Ord. 3481 § 2, 2013)

It shall be a nuisance for any person to place graffiti upon any property located within the City of Monterey. Any owner of property within the City of Monterey shall remove any graffiti on his/her property within five days of notice of its placement on such property. Maintenance of property in violation of this section is a public nuisance. (Ord. 3481 § 2, 2013)

a.The remedies provided for in this section are in addition to any the City might have under Chapter 1, Article 2 (Administrative Remedies) of this code; Chapter 22, Article 4 (Abatement of Public Nuisances) of this code; or applicable law.

b.The City may impose a graffiti nuisance abatement lien pursuant to State law against the property of the individual who defaces property with graffiti, or, if the individual is a minor, a lien against the property of the parent or guardian, by following the procedures set forth under Section 1-3.01, as enhanced or modified by Government Code Section 38771 et seq. In accordance with State law, the City may make the expense of abatement a personal obligation against the individual, or, if the individual is a minor, against his/her parent or guardian. If the individual is a minor, the parent or guardian shall be jointly and severally liable with the minor. An administrative citation may be issued for violations relating to graffiti offenses against the responsible person(s) and/or, if the responsible person is a minor, against the parent(s) or guardian(s) having custody and control of the minor. (Ord. 3481 § 2, 2013)