Murrieta Municipal Code Ch. 8.12 Graffiti

For the purpose of this chapter the following words and phrases shall have the meaning given in this chapter:

"Aerosol paint container" means any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substance capable of defacing property.

"Felt-tip marker" means any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-sixteenth inch, containing an ink that is not water-soluble.

"Graffiti" means the act of altering or defacing any public or private property, without consent of the property owner, with any unauthorized inscription of a word, figure, or design that is marked, etched, scratched, drawn, or painted, on any surface, regardless of the nature of the material of that structural component.

"Graffiti implement" means any device, tool, utensil, or instrument, which has the ability to mark, etch, scratch, draw, or apply paint, such as an aerosol paint container, a felt-tip marker, paint stick, or etching tool capable of scarring glass, metal, concrete, or wood.

"Paint stick" or "graffiti stick" means a device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-sixteenth of an inch in width and not water soluble.

(Ord. 96 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 11.80.001)

It is unlawful for any person, firm, corporation, or retail commercial establishment doing business in the city, who owns, sells, conducts, operates, or manages such activity, to display in a manner viewable to the public any aerosol spray containers, or felt-tip marker tips, pens, or blades, without securing same in such a manner as to prevent the removal of any such graffiti implement without employee assistance.

(Ord. 96 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 11.80.003)

In approving tentative or parcel maps, conditional use permits, plot plans, public use permits, or other similar land use entitlements, the city may impose any or all of the following requirements to prevent and/or facilitate the removal of graffiti:

A. Use of Anti-Graffiti Material. Developer shall apply an anti-graffiti material of a type and nature that is acceptable to the director of planning and development, to each of any publicly-viewable surfaces on the improvements to be constructed, on sites deemed to be likely to attract graffiti by the director of Development Services.

B. Approved Color/Palette for Graffiti Attractive Surfaces. Developer shall use an approved color palette for paint and/or anti-graffiti material on surfaces which have been designated "graffiti attractive" by the director of planning and development. The palette shall include a range of five color choices approved by the director of Development Services.

C. Availability of Anti-Graffiti Material and Paint to City by Developer. Prior to the issuance of a building permit, developer shall provide to the city the name of the manufacturer and supplier of the antigraffiti material referenced in subsection A of this section, and the color palette and manufacturer code number of the paint(s) utilized to cover all exterior surfaces of approved structures and walls. If the developer fails to abate a graffiti condition, either voluntarily or after requested to do so by the city, the city shall purchase the necessary anti-graffiti material and/or paint for the purpose of graffiti removal. All costs of removal shall be assessed in accordance with Sections 8.12.130 through 8.12.150 of this chapter.

(Ord. 557 § 3, 2020; Ord. 96 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 11.80.005)

Any gas, electric, telephone, water, sewer, cable, telephone or other utility operation in the city shall paint its above-surface metal fixtures with a uniform paint type and color which meets with the approval of the city engineer and director of planning and development.

(Ord. 96 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 11.80.007)

Graffiti on public or private property is a blighting factor which not only depreciates the value of the property which has been the target of such vandalism but also depreciates the value of the adjacent and surrounding properties, and in so doing has a negative impact on the entire city. Section 53069.3 of the Government Code authorizes the city, under certain circumstances, to provide for the removal of graffiti and other inscribed materials from private as well as public property. The council finds and determines that graffiti is obnoxious and a public nuisance and unless it and other inscribed materials are removed from public and private property, they tend to remain. Other properties then become the target of graffiti with the result that entire neighborhoods are affected and the entire community depreciates in value and becomes a less desirable place in which to be.

(Ord. 18 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 11.80.010)

Whenever the city manager or his/her designee determines that graffiti or other inscribed material is so located on public or privately owned, permanent structures on public or 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, the city manager or his/her designee is authorized to provide for the removal of the graffiti or other inscribed material upon the following conditions:

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

B. 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 executed a release and waiver approved as to form by the city attorney.

C. Where a structure is privately owned, the removal of the graffiti or other inscribed material may be authorized only after securing the consent of the owner and the owner executes a release and waiver approved as to form by the city attorney.

(Ord. 18 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 11.80.020)

In the event that the owner does not give the consent described in Section 8.12.060 of this chapter, and fails to execute the release and waiver described in that section, or in the event the owner cannot be located after a reasonable period of time, the following alternate procedure shall be used by the city, as set forth in the remaining sections of this chapter.

(Ord. 18 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 11.80.030)

Whenever the city manager or his/her designee determines that graffiti exists on any permanent structure in the city which is visible from the street or other public or private property, the city manager or his/her designee shall cause a notice to be issued to abate such nuisance. The property owner shall have two days after the date of the notice to remove the graffiti, or the property will be subject to abatement by the city.

(Ord. 351 § 1, 2006: Ord. 18 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 11.80.040)

A. The notice to abate graffiti pursuant to Section 8.12.080 of this chapter shall be served upon the owner(s) of the affected premises, as such owner's name and address appears on the last equalized property tax assessment rolls of the county. If there is no known address for the owner, the notice shall be sent in care of the property address. The notice required by this chapter may be served in any one of the following manners:

1. By personal service on the owner, occupant or person in charge or control of the property;

2. By regular mail addressed to the owner at the last known address of the owner. If this address if unknown, the notice will be sent to the property address.

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 by law at your expense to remove or paint over the graffiti located on the property commonly known as ________________, Murrieta, California, which is visible to public view, within two days after the date of this notice; or, if you fail to do so, City employees or private contractors employed by the City will enter upon your property and abate the public nuisance by removal or painting over the graffiti. The cost of the abatement by the City employees or its private contractors 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 any objections or comments to the City Manager for the City of Murrieta or his/her designee within two days from the date of this notice. At the conclusion of this two-day period the City may proceed with the abatement of the graffiti inscribed on your property at your expense without further notice.

(Ord. 351 § 2, 2006: Ord. 18 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 11.80.050)

Within two days from the mailing or personal service of the notice, the owner or person occupying or controlling such premises or lot affected may appeal to the city council of the city. At a regular meeting or adjourned regular meeting of the city council not more than twenty (20) days thereafter, the council shall proceed to hear and pass upon such appeal. The decision of the council thereupon shall be final and conclusive.

(Ord. 351 § 3, 2006: Ord. 18 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 11.80.060)

Upon failure of persons to comply with the notice by the designated date, or such continued date thereafter as the city manager or his/her designee approves, then the city manager or his/her designee is authorized and directed to cause the graffiti to be abated by city forces or private contract, and the city or its private contractor is expressly authorized to enter upon the premises for such purposes. All reasonable efforts to minimize damage from such entry shall be taken by the city, and any paint used to obliterate graffiti shall be as close as practicable to background color(s).

(Ord. 18 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 11.80.070)

Where 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 an authorized representative of the public entity having jurisdiction over the structure.

(Ord. 18 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 11.80.080)

The city manager or his/her designee shall keep an account of costs (including incidental expenses) of abating such nuisance on each separate parcel of land where the work is done and shall render an itemized report in writing to the city council showing the cost of abatement; provided, that before the report is submitted to the council, a copy shall be served on the owner by personal service or by regular mail, at least ten days prior to the hearing, together with a notice of time when the report shall be heard by the council for confirmation.

A. The city council shall set the matter for hearing to determine the correctness and reasonableness of such costs.

B. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts and in inspecting the work, and the costs of printing and mailing required hereunder.

(Ord. 18 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 11.80.090)

At the time and place fixed for receiving and considering the report, the city council shall hear and pass upon the report of such costs of abatement, together with any objections or protests. Thereupon, the city council may make such revision, correction or modification in the report as it may deem just, after which, by motion, the report as submitted or as revised, corrected or modified shall be confirmed. The decision of the city council on all protests and objections which may be made shall be final and conclusive.

(Ord. 18 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 11.80.100)

A. The total cost for abating such nuisance, as confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on the property for the amount of such assessment.

1. After such confirmation and recordation, a copy shall be filed with the assessor and the tax collector of the county, acting for the city, in order that the county officials may add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or

2. After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

B. Such notice of lien for recordation shall be in form substantially as follows:

NOTICE OF LIEN (Claim of City of Murrieta)

Pursuant to the authority vested by the provisions of Section __________ of the Murrieta Municipal Code, the City Manager of the City of Murrieta did, on or about the _____ day of _________, 19_____, cause the painting over or removal of graffiti at the premises hereinafter described in order to abate a public nuisance on said real property; and the City Council of the City of Murrieta did on the ______ day of ________, 19_____, assess the cost of such abatement upon the real property hereinafter described, and the same has not been paid nor any part thereof; and that said City of Murrieta does hereby claim a lien on said property for such costs of abatement (the sum of $_______); and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land in the City of Murrieta, County of Riverside, State of California, and particularly described as follows:

(Description)

DATED: This _________ day of ________, 19_____.

__________________________ City Clerk of the City of Murrieta, California

(Ord. 18 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 11.80.110)

Any owner, lessee, occupant, or other interested person having any objections or feeling aggrieved at any proceeding taken on appeal by the city council in ordering the abatement of any public nuisance under the provisions of this chapter, must bring an action to contest such decision within ninety (90) days after the date of such decision by the city council. Otherwise, all objections to such decision shall be deemed waived pursuant to Chapter 2.28 of this code.

(Ord. 18 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 11.80.120)