Oakland Municipal Code Art. III Graffiti Abatement

This Article sets out the means and time frames for Graffiti Abatement.

(Ord. No. 13146, § 1, 1-22-2013)

Any person applying Graffiti on public or privately owned real or personal property is required to remove the same within twenty-four (24) hours after notice by the City or private owner of the property involved. Such removal shall be done in a manner prescribed by the City. Removing Graffiti does not cure the Graffiti violation, but failure to remove Graffiti after notice is a violation separate from application of the Graffiti.

(Ord. No. 13146, § 1, 1-22-2013)

A. Whenever the City Administrator determines that Graffiti exists on any occupied real property or any personal property in the city which is visible from the street, right-of-way or other public or private property, the City Administrator or his or her designee shall promptly notify the owner(s) of such property, and may notify the person(s) in possession or control of such property if different from the owner(s), to remove or paint over the Graffiti. The removal must be accomplished within ten (10) days after receipt of such notification or within fifteen (15) days after the notice is deemed to have been received in the event notice is mailed.

B. When the real property is vacant and unoccupied, the removal shall be accomplished within fifteen (15) days after the notice is deemed to have been received by the person or company with dominion and control over the property.

C. Properties subject to California Business and Professions Code Section 25612.5(a)(6) (off-sale alcohol) are required to abate the Graffiti within the time frames set forth in that statute (seventy-two (72) hours).

(Ord. No. 13146, § 1, 1-22-2013)

A. Notice to Graffiti Violator. Notice to remove the Graffiti shall be in writing and personally delivered or by depositing such notice in the United States mail, postage paid, to the Graffiti Violator, or if the Graffiti Violator is a Minor, to the Minor's parent or guardian.

B. Notice to Property Owner. Notice to remove the Graffiti shall be in writing and personally delivered to the owner(s) or occupants(s) of the property upon which the Graffiti is located, or by depositing such notice in the United States mail, postage paid, and addressed to the Property Owner(s) at the owner(s) last known address as it appears on the last Alameda County equalized assessments roll, or, if the property is a Vehicle or Boat, to the last known address of the Registered Owner and Lien Holder pursuant to California Department of Motor Vehicles records. If a notice to remove is also given to the person(s) in possession or control of the property, such notice shall be given in either manner specified in this section with respect to giving notice to the owner of the property, and may be addressed to "occupant" or "to whom it may concern," if the name of such person(s) is not known.

(Ord. No. 13146, § 1, 1-22-2013)

A. In addition to any citation for failure to remove Graffiti, the City may abate or remove Graffiti after a notice to the Property Owner or person in possession and charge the cost of such removal or abatement to the Property Owner.

B. Administrative Citations and Civil Penalties. The City may assess administration citations or civil penalties pursuant to O.M.C. Chapter 1.08 (Civil Penalties) or O.M.C. Chapter 1.12 (Administrative Citations) against a Property Owner or anyone in possession of real property who fails to timely remove or abate Graffiti after notice.

1. Administrative Citations. The City may issue administrative citations pursuant to O.M.C. Chapter 1.12:

a. Not more than $150 for the first citation issuance;

b. Not more than $250 for the second citation issuance;

c. Not more than $500 for a third issuance;

d. All subsequent violations shall be assessed as civil penalties pursuant to O.M.C. Chapter 1.08.

2. Civil Penalties.

a. In instances when a Property Owner or person in possession of property has been administratively cited for failing to timely remove or abate Graffiti more than three (3) times, subsequent acts shall be considered a major violation and the violator shall be assessed a Civil Penalty.

b. A Property Owner or person in possession of property who fails to remove or abate Graffiti after receiving an administrative citation after further notice may be assessed a civil penalty.

C. Any Property Owner(s) or person(s) in possession or control of the real property where Graffiti exists who fails to timely remove the Graffiti is subject to civil penalties, administrative citations, costs of Graffiti removal by the City, costs of City inspections of the property, nuisance abatement liens to recover costs, fees and penalties, and any additional penalties available under the law.

D. In lieu of paying administrative citation or civil penalties, a Property Owner or person in possession or control of real property who is cited for failing to timely remove Graffiti may apply to the City to have the amount of the citation or penalty applied to a portion of the costs of improvements designed to discourage the application of Graffiti.

(Ord. No. 13146, § 1, 1-22-2013)