Mount Shasta Municipal Code Ch. 7.80 Prevention and Removal of Graffiti

(A) The increase of graffiti on both public and private buildings, structures, and places is creating a condition of blight within the City which results in deterioration of property and business values for adjacent and surrounding properties, all to the detriment of the City.

(B) The purpose of this chapter is to provide enforcement tools in addition to those already provided for by State law for removal of graffiti and to prevent and control the further spread of graffiti on walls and structures both private and public property in the City. It is further the intent of the City Council, through the adoption of this chapter, to give notice to all who disregard the property rights of others that the City will strictly enforce all laws prohibiting graffiti, including but not limited to Sections 594, 594.1, 640.5 and 640.6 of the California Penal Code, Section 13202.6 of the California Vehicle Code, and the provisions of this chapter. (Ord. CCO-24-06, 2024)

The Council finds and declares that the existence of graffiti anywhere within the boundaries of the City is a public and private nuisance, and may be abated in accordance with this chapter, Chapter 1.04 MSMC, entitled “Administrative Nuisance Abatement,” or any other provision of law providing for the abatement of graffiti or applicable vandalism. (Ord. CCO-24-06, 2024)

As used in this chapter:

(A) “Graffiti” means any painting, marking, symbol, inscription, word, figure, design, or defacement written, sprayed, painted, splashed, marked, etched, scratched, drawn, or engraved on any structural component of any building, structure, or other facility or surface, without the prior consent of the owner of the property or other person with the legal right to control the property.

(B) “Vandalism” is the defacing of public or private property with graffiti or other inscribed material. (Ord. CCO-24-06, 2024)

(A) It is unlawful for any person to apply graffiti on any public or privately owned real property within the City of Mt. Shasta.

(B) It is unlawful for a person owning or otherwise in control of any real property within the City to permit or allow any graffiti to be placed upon or remain on any permanent structure, including fencing and trash receptables, located on such property when the graffiti is visible from the street or other public or private property, for a period in excess of 72 hours following service by the City of a notice to abate graffiti, or unless a permit has been obtained by complying with the applicable provisions of Chapter 18.65 MSMC, Public Mural Review, or MSMC Title 8, Graphics. Failure to comply may result in enforcement action by the City pursuant to Chapter 1.04 MSMC.

(C) Each day the graffiti is maintained beyond the initial 72-hour period constitutes a separate offense and is subject to the penalties set forth in MSMC 1.03.010. (Ord. CCO-24-06, 2024)

(A) Whenever the City Manager determines that graffiti is located on public or privately owned property within the City so as to be capable of being viewed from adjacent property, or by a person utilizing any street or public right-of-way in the City, the City Manager is authorized to provide for the removal of the graffiti or other inscribed material upon the following conditions:

(1) In removing the graffiti or other inscribed material, the painting or repair of a more extensive area shall not be authorized.

(2) Where a structure is owned by a public entity other than the City, the removal of the graffiti or other inscribed material may be authorized only after securing the consent of the public entity having jurisdiction over the structure and such entity executes a release and waiver approved as a form by the City Attorney, and agrees to an assumption of costs incurred by the City for the removal of the graffiti or other inscribed material.

(3) Where a structure is privately owned, the removal of graffiti or other inscribed material shall be authorized in accordance with subsection (B) of this section.

(B) Graffiti which is located on private property, including fences and trash receptacles, within the City which can be viewed by a person utilizing any street or public right-of-way within the City may be removed by the City under the following circumstances:

(1) The City may immediately enter upon private property and remove graffiti from privately owned property, including fences and trash receptacles; provided, that the City shall secure written advance consent from the owner or person otherwise in control of the property.

(2) Where a private property owner or person otherwise in control of the property refuses to consent to the graffiti removal, or where the consent of the property owner cannot otherwise be obtained, the City may declare the graffiti to be a public nuisance and may abate the graffiti after providing notice to the owner in accordance with MSMC 7.80.060.

(3) The City may enter upon private property and remove graffiti from privately owned property, including fences and trash receptacles, if the graffiti constitutes an immediate hazard to public health and safety that must be abated without delay. Under such circumstances, the City shall provide written notice of emergency abatement to the owner as soon as practicable after the abatement is concluded. The City may recover its costs of emergency abatement in accordance with MSMC 1.03.040. (Ord. CCO-24-06, 2024)

It is unlawful for any property owner, or any manager, tenant or agent of a property owner, to fail to remove graffiti within 72 hours after written notice is given by the City. The written notice shall be sent to the property owner by certified mail, or posted at a conspicuous place on the subject premises where the graffiti is located.

(A) The notice shall be on City letterhead and read substantially as follows:

NOTICE TO ABATE GRAFFITI

NOTICE IS HEREBY GIVEN that under provisions of Section 7.80.020 of the Mt. Shasta Municipal Code Chapter 7.80, you are required at your expense to remove or paint over the graffiti located on the property commonly known as __________________, Mt. Shasta, California, which is visible to public view, within 72 hours after the date of service of this notice. The graffiti is visible to the public view and therefore constitutes a public nuisance. If you fail to comply, the City or its contractor will enter your property and abate the public nuisance. The cost of the abatement by the City or its contractor will be assessed upon 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 an appeal to the Office of the City Manager within 72 hours from the date of this notice. At the conclusion of this 72-hour period, the City may proceed with the abatement of the graffiti on your property at your expense without further notice.

(B) Within 72 hours from the date of the notice to abate graffiti, the owner or person occupying or controlling the property may appeal to the City Manager. The City Manager, or his designee, shall hold an administrative hearing on the appeal. The decision of the City Manager or his designee shall be final and conclusive.

(C) If no appeal has been submitted, or if the appeal has been denied following an administrative hearing, and the property owner fails to remove the graffiti, then the City Manager shall cause the graffiti to be abated as a public nuisance by the City or its contractor, and the City or its contractor is expressly authorized to enter upon the premises for such purpose. (Ord. CCO-24-06, 2024)

Any costs incurred by the City for the abatement of graffiti from private property, the failure of any firm partnership, or corporation to remove graffiti within the prescribed 72-hour period as set forth in MSMC 7.80.040 constitutes an infraction and is punishable as set forth in MSMC 1.03.010. (Ord. CCO-24-06, 2024)

(A) The City is authorized to recover costs incurred in the removal of graffiti from private property if:

(1) The removal of graffiti from privately owned property with the prior written consent of the owner exceeds three requests per privately owned real property during one calendar year. The City Manager may waive this provision if the property owner has demonstrated a conscientious effort to prevent graffiti from being affixed to their property as evidence by, but not limited to, the installation of security surveillance devices, lighting, protective landscaping, or application of graffiti resistant paint.

(2) The City is required to abate graffiti or other inscribed material from privately owned real property, in accordance with MSMC 7.80.050(B)(2) or (B)(3).

(3) The private property owner or person otherwise in control of the property has persuaded, allowed, or encouraged the affixing of graffiti upon the subject private property.

(B) Should the City be required to abate the graffiti as a public nuisance as set forth in MSMC 7.80.060(C), the City shall recover, pursuant to California Government Code Section 38773, the cost of abatement through the assessment of a lien against the property where the nuisance is maintained pursuant to MSMC 1.04.230. (Ord. CCO-24-06, 2024)

The City may utilize the abatement process set forth in Chapter 1.04 MSMC if a person vandalizes a property with graffiti, as the vandalism would constitute a nuisance. (Ord. CCO-24-06, 2024)

Pursuant to Section 1714.1(b) of the California Civil Code, where graffiti is applied by an unemancipated minor, the parents or legal guardian of said minor shall be jointly and severally liable for payment of civil damages resulting from the misconduct of the minor in an amount not to exceed $25,000 for such offense. (Ord. CCO-24-06, 2024)

(A) Upon conviction of any person for violation of MSMC 7.80.040, or any State law pertaining to vandalism of property with a graffiti implement, the City shall petition the sentencing court to impose community service time, pursuant to Section 640.6 of the California Penal Code. The sentencing court may require the performance of community service within the City in addition to any monetary penalties imposed. In the event the sentencing court approves community service, the City shall request any adult or emancipated minor convicted of vandalism, as defined by Section 594(a)(l) of the California Penal Code, to: (1) complete a minimum of 48 hours, but not more than 200 hours, of community services, over a period of 180 calendar days and during any time other than hours of school attendance or employment, cleaning up, removing and repairing property damaged by graffiti for the first conviction; and (2) complete 96 hours, but no more than 400 hours, of community services, over a period of one-three hundred fifty calendar days and during any time other than hours of school attendance or employment, cleaning up, removing, and repairing property damaged by graffiti for each subsequent conviction.

(B) Any person who is under the age of 18 when he or she violates any provision of this chapter or any State law pertaining to vandalism of property with a graffiti implement, and is found to be a person described in Section 602 of the California Welfare and Institutions Code by reason of the commission of vandalism, may be required to perform community service time pursuant to Section 728 of the California Welfare and Institutions Code. For any minor adjudicated guilty of vandalism, the City will petition the juvenile court and the court may, in addition to any other penalties imposed by the City, require the unemancipated minor to provide the necessary labor to clean up, repair, or replace defaced, damaged or destroyed property, or otherwise make restitution to the property owner.

(C) If a minor is personally unable to pay any fine levied for violating any provision of this chapter or is otherwise unable to make restitution for damages, the minor’s parent or legal guardian shall be liable for payment of the fine or restitution. If the parent or legal guardian cannot make restitution, the sentencing court may waive payment of the fine or community service time by the parent or legal guardian upon finding of good cause. If the sentencing court waives payment of the fine by the parent or legal guardian, the City shall petition the sentencing court, and the court, at the court’s option, may order the parent or legal guardian to provide the necessary labor, equal to the number of hours assigned to the minor adjudicated guilty of violating any provision of this chapter, to clean up, repair, or replace property damaged by the unemancipated minor. (Ord. CCO-24-06, 2024)

(A) It shall be the policy of the City to recover all allowable costs for removal and repair due to vandalism and/or graffiti from those who commit the act(s) and/or from their parents or guardians.

(B) It shall also be the policy of the City to seek to have imposed all available penalties upon those persons who deface property in the City. (Ord. CCO-24-06, 2024)