Mountain View Municipal Code Art. II Regulation of Graffiti

The city council of the city hereby finds and declares that the regulation of graffiti by the city is necessary because graffiti is detrimental to property values, degrades the quality of life in the community, is inconsistent with the city's property maintenance goals and aesthetic standards, is often related to gang activity and may, therefore, lead to an increase in crime, and, unless quickly removed, may result in other properties becoming the target of graffiti.

(Ord. No. 9.93, 6/29/93.)

The city council hereby declares that graffiti is obnoxious and is a public nuisance which may be abated pursuant to the procedures set forth in this article.

(Ord. No. 9.93, 6/29/93.)

Graffiti. For the purposes of this article, "graffiti" shall mean any unauthorized inscription, writing, lettering, word, drawing, figure, marking, painting or design that is marked, written, etched, scratched, drawn or painted on any real or personal property, including tire marks other than black tire marks.

(Ord. No. 9.93, 6/29/93; Ord. No. 3.01, 3/27/01.)

It is unlawful for owner of any real or personal property within the city to permit graffiti to be placed upon, or to remain upon, real or personal property, when the graffiti is visible from the street or any other public or private property. For the purposes of this article, real and personal property includes, but shall not be limited to, buildings or other structures; such as walls; fences; signs; retaining walls; driveways; walkways; sidewalks; curbs; street lampposts; hydrants; trees; electric, light, power, telephone or telegraph poles; drinking fountains, garbage receptacles, roads, streets and highways. This section shall apply to both public and private property in all zoning districts of the city.

(Ord. No. 9.93, 6/29/93; Ord. No. 3.01, 3/27/01.)

a. Removal by city with consent of owner. Whenever graffiti exists upon private property located within the city, the city may remove such graffiti with the written consent of the property owner, or, in the case of public property, of the public entity which owns or has control over the property.

b. Removal by property owner. Property owners shall remove all graffiti from their property by no later than ten (10) days after it is placed upon their property. Paint used to cover the graffiti shall match the original surface color to the extent feasible. Except as otherwise provided in this article, failure of the property owner to remove the graffiti within this time shall cause the property to become subject to the graffiti abatement procedure, as set forth in Sec. 25.30 below.

(Ord. No. 9.93, 6/29/93.)

The procedure for the abatement of graffiti on real and personal property in the city shall be as follows:

Upon the failure of a property owner to remove graffiti from his/her real or personal property within ten (10) days, the police chief shall serve on the property owner an order to remove graffiti. The order to remove graffiti shall state:

a. A description and the location of the real or personal property on which the graffiti has been placed;

b. A brief description of the unlawful graffiti that must be removed;

c. A specific date by which the graffiti must be removed, along with a statement that if the property owner does not remove the graffiti within this time, the city may cause the graffiti to be removed and may make the costs incurred in this work a personal debt of the property owner or a special assessment against the property;

d. A statement that the property owner may request a hearing before the police chief on the order to remove graffiti, by complying with the procedures set forth in Sec. 25.30.2, and that if the property owner does not file a timely request for a hearing, he/she shall be deemed to have waived the right to any administrative hearing and appeal.

(Ord. No. 9.93, 6/29/93.)

The owner of the real or personal property on which the graffiti has been placed may obtain a hearing before the police chief on order to remove graffiti by filing a written request for the hearing, which shall state the address and/or a brief description of the property, the date of the order to remove graffiti, and the grounds on which the order is contested, with the city's police department within ten (10) days after service of the order. The police department shall then set the matter for a hearing before the police chief on a date which is no less than ten (10) days and no more than thirty (30) days after the receipt of the request for a hearing and shall give the property owner or other person requesting the hearing written notice of the date, time, and place of the hearing through the procedures set forth in Sec. 25.30.10.

(Ord. No. 9.93, 6/29/93.)

If the owner or person in control of the real or personal property on which the graffiti has been placed does not timely comply with the above procedures, he/she shall be deemed to have waived the right to an administrative hearing and any appeal on the notice and order.

(Ord. No. 9.93, 6/29/93.)

Unless otherwise continued for good cause, the hearing shall be held at the date, time and place specified by the police department in the notice served on the property owner. At the hearing, the property owner shall have the right to be represented by counsel and may present relevant evidence and arguments in favor of modifying or reversing the order to remove graffiti. In lieu of appearing at the hearing, the property owner may submit a written statement signed under penalty of perjury which states any evidence or arguments in favor or modifying or reversing the order to remove graffiti.

(Ord. No. 9.93, 6/29/93.)

Within ten (10) days after the conclusion of the hearing, the police chief shall issue a written decision on the order to remove graffiti, which states the following:

a. Whether the order is upheld, reversed or modified, along with specific factual findings upon which this decision is based;

b. The nature of any modifications to the order;

c. Unless the order is reversed, a specific date by which the graffiti must be removed and a brief description of the graffiti, including its location;

d. A statement that the property owner may appeal the decision of the police chief to the city council through the procedures set forth in Sec. 25.30.6;

e. A statement that unless a timely appeal to the city council is filed, the decision of the police chief is final and takes effect on the date of its service on the property owner, and that unless the graffiti is removed by the time specified in the decision of the police chief, the city may cause the graffiti to be removed and may make the costs of this work a personal debt of the owner or a special assessment on the property.

(Ord. No. 9.93, 6/29/93.)

The property owner of the property on which the graffiti is placed may appeal the decision of the police chief on the order to remove graffiti to the city council by filing a written request which states the specific reasons for the appeal with the city clerk. In order to be considered, the written request for an appeal must be received by the city clerk no later than seven (7) days after the service of the decision of the police chief on the property owner.

Upon receipt of a timely written request for an appeal, the city clerk shall set the matter for a hearing before the city council at a meeting which is to be held no less than ten (10) days and no more than sixty (60) days after the filling of the request for an appeal and shall give the person filing the request for an appeal written notice of the date, time, and place of the appeal hearing through the procedures specified in Sec. 25.30.10.

(Ord. No. 9.93, 6/29/93.)

a. Appeal hearing. Unless otherwise continued for good cause, the city council shall hear the appeal on the decision of the police chief at the date, time and place designated on the notice sent to the property owner. At the hearing, the property owner and the police chief shall have the opportunity to present relevant evidence and arguments regarding whether the decision of the police chief on the order to remove graffiti should be upheld, reversed, or modified. Both the property owner and the police chief shall have the right to be represented by counsel.

(Ord. No. 9.93, 6/29/93.)

b. Decision of city council. At the close of the hearing, or as soon thereafter as is practicable, the city council shall determine whether the decision of the police chief on the order to remove graffiti should be upheld, reversed, or modified. Within thirty (30) days after the close of the appeal hearing, the city council shall serve on the property owner a written decision which states whether the decision of the police chief should be upheld, reversed or modified, the nature of any modifications to the police chief's decision, and, if the order is upheld, a specific date by which the graffiti must be removed, which shall not be less than ten (10) days after service of the city council's decision on the property owner. The city council's decision shall be served on the property owner through the procedure set forth in Sec. 25.30.10. The decision of the city council shall be final.

(Ord. No. 9.93, 6/29/93.)

If the property owner or person in control of the property fails to timely comply with the order to remove graffiti issued by the police chief, or, in the event of an unsuccessful appeal, the decision of the city council or the police chief may cause the graffiti to be removed from the property either by city personnel or by hiring outside persons to perform this work. The police chief shall obtain the written permission of the property owner or court authorization before permitting workers to enter the property to remove the graffiti.

(Ord. No. 9.93, 6/29/93.)

a. Filing of report on expenses incurred in removing graffiti. The police chief shall keep a detailed itemized record of the expenses incurred by the city in removing the graffiti from the property. Upon the completion of the work, or as soon thereafter as may be practicable, the police chief shall file with the city clerk a report which specifies the address or location of the property and the location of the graffiti removed, the nature of the work performed in removing the graffiti, and the itemized and total of the cost of this work. A copy of this report shall be served on the property owner through the procedure set forth in Sec. 25.30.10.

b. Setting of hearing before city council on report on expenses incurred in removing graffiti. Upon receipt of the itemized report of expenses from the police chief, the city clerk shall set a hearing on the report before the city council, on a date which is no less than ten (10) and no more than sixty (60) days after service of the report on the property owner. A notice which specifies the date, time and place of the hearing shall be served on the property owner through the procedure set forth in Sec. 25.30.10.

c. Hearing before city council on report on expenses incurred in removing graffiti. Unless otherwise continued for good cause, the city council shall hold the hearing at the date, time and place specified in the notice served on the property owner. At the hearing, the police chief shall present the report to the city council, and the property owner shall have the right to present any objections to the report. Both the police chief and the property owner shall have the right to be represented by counsel.

d. Decision of city council. At the conclusion of the hearing, or within thirty (30) days thereafter, the city council shall approve, reject or modify the police chief's report on expenses incurred in removing the graffiti and shall issue a written decision which specifies the amount and nature of approved expenses incurred by the city in removing the graffiti that shall be recovered from the property owner and provides that such expenses shall be made either a personal debt of the property owner or a special assessment against the property. If the amount of any special assessment imposed exceeds five hundred dollars ($500), the city council may provide in its decision that the special assessment lien shall be payable in not more than five (5) equal annual installment payments. A copy of the city council's decision shall be served on the property owner through the procedure specified in Sec. 25.30.10.

e. Collection of personal debt of property owner for expenses incurred by city in removing graffiti. If the city council designates that the approved expenses incurred by the city in removing the graffiti shall be a personal debt of the property owner, the full amount of these expenses shall be due and payable by the property owner within thirty (30) days of service of the city council's decision on the property owner. If the property owner fails to pay the entire amount due within this time, the debt shall become delinquent and may be collected by the city through any legal means. Interest shall accrue on the unpaid debt at the rate of ten (10) percent per year.

f. Recordation of decision of city council and notice of special assessment. If the city council's decision designates the amount of approved expenses as a special assessment to be charged against the property, the police chief shall cause a copy of the city council's decision and a notice of special assessment lien, which states the amount of the special assessment made against the property for graffiti removal, to be recorded at the office of the county recorder. The total cost incurred by the city for the removal of graffiti from the property, as confirmed by the city council's decision, shall immediately, upon recordation, constitute a special assessment lien against the property. Such special assessment lien shall be subordinate to all existing special assessment liens existing on the same property but shall be paramount to all other liens except for state, county and municipal taxes, with which it shall be upon a parity. The lien shall continue until the assessment and any interest due and payable thereon are paid.

g. Filing of decision of city council and notice and special assessment with county auditor-controller. A certified copy of the city council's decision and notice of special assessment lien shall be filed with the Santa Clara County Auditor-Controller on or before August 1st of each year, whereupon it shall be the duty of the auditor-controller to add the amounts of the special assessment to the next regular tax bills levied against the property for municipal purposes and thereafter such amounts shall be collected at the same time and the same manner as ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall apply to such special assessment.

h. Interest on special assessments. All special assessments imposed for the removal of graffiti which remain unpaid after thirty (30) days from the date of their recordation on the assessment roll shall become delinquent and shall bear interest at the rate of ten (10) percent per year.

(Ord. No. 9.93, 6/29/93.)

For the purposes of this article, required notices, orders, decisions and other documents shall be served on property owners by personal delivery or by placing the documents in an envelope which has been addressed to the name and address of the property owner, as indicated on the most recent tax assessment roll or as most recently known to the police department, and depositing the envelope in the United States mail, certified, with postage fully affixed and a return receipt requested. A copy of any applicable notices, orders, decisions, or other documents shall also be posted in a conspicuous place on the affected property.

Service of documents is deemed complete three (3) calendar days after the time of the deposit of the notice in the mail or at the time that personal delivery is made.

(Ord. No. 9.93, 6/29/93.)

In any case in which a criminal prosecution for violation of Penal Code Sections 594 and 640.6, or any other law which authorizes the court to sentence the criminal defendant to remove graffiti that he/she unlawfully placed on property, is pending or is to be instituted against the person(s) who placed graffiti upon property in the city, the police chief may stay the application of the graffiti abatement procedure set forth in this article until the criminal prosecution has been completed and the judgment of the court has been rendered and has become final. If the defendant is found guilty, and the court sentences the criminal defendant to clean up the graffiti, or to pay for someone else to do so, the criminal defendant shall be responsible for the removal of the graffiti pursuant to this article. If the criminal defendant does not remove the graffiti, or pay for someone else to do so, within ten (10) days of the time designated for removal of the graffiti by the court, or in the event of an unsuccessful appeal by the defendant, within ten (10) days of the date on which defendant would be legally required to comply with the trial court's order, the police chief may require the property owner to remove the graffiti pursuant to this article. Nothing in this section shall prevent the property owner from taking legal action to recover the costs of removing the graffiti from the criminal defendant or the city and/or the property owner from taking other legal action against the criminal defendant.

(Ord. No. 9.93, 6/29/93.)

The procedures set forth in this chapter for the removal of graffiti shall be cumulative to, and shall not foreclose the application of, any other existing legal remedies.

(Ord. No. 9.93, 6/29/93.)

Any violation of this article is a misdemeanor, punishable as specified in Sec. 1.7.

(Ord. No. 9.93, 6/29/93.)