Chapter 4.35 — GRAFFITI CONTROL

The purpose of this chapter is to provide enforcement tools in addition to those already provided by State law to prevent and control the further spread of graffiti on walls and structures on both public and private property in the City. The presence of graffiti in the City creates blight and is detrimental to property values. The City Council finds and determines that graffiti is detrimental to the public health, safety and welfare and is a public nuisance which must be controlled. (Ord. 15-11, 6/28/2011; Ord. 10-19, 8/13/2019)

"Aerosol paint container" means any aerosol containers of which contents are any solution which cannot be removed with water after it dries.

"Etching cream" means any caustic cream, gel, liquid, or solution capable, by means of a chemical action, of defacing, damaging, or destroying hard surfaces in a manner similar to acid.

"Graffiti" means the intentional spraying of paint or marking of paint, ink, chalk, dye or other similar substances or etching or scratched marking upon private or public property without permission of the owner of the property.

(Ord. 15-11, 6/28/2011; Ord. 10-19, 8/13/2019)

It shall be unlawful for any person, firm, or corporation, except a parent or legal guardian, to sell or give or in any way furnish to another person, who is in fact under the age of eighteen (18) years, any aerosol paint container or etching cream as defined in this chapter. (Ord. 15-11, 6/28/2011; Ord. 10-19, 8/13/2019)

Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol paint containers or etching creams shall store or cause such products to be stored in an area which is continuously observable, through direct visual observation or surveillance equipment, by the owner, store manager or employees of the retail establishment during the regular course of business.

(Ord. 15-11, 6/28/2011; Ord. 10-19, 8/13/2019)

§ 4.35.110. Noncompliance with Sections 4.35.106 and 4.35.108.

Any person, firm or corporation that does not comply with the provisions of Sections 4.35.106 and 4.35.108 shall be subject to an administrative fine as set forth in Section 1.5.002(d). (Ord. 15-11, 6/28/2011; Ord. 10-19, 8/13/2019)

It is unlawful for any person, regardless of age, to engage or assist in the act of graffiti on private or public property as defined in this chapter. (Ord. 15-11, 6/28/2011; Ord. 10-19, 8/13/2019)

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.35.114

§ 4.35.122

§ 4.35.114. Violation of Section 4.35.112.

• a. Any person in violation of Section 4.35.112 shall be guilty of either an infraction or misdemeanor as charged by the City Attorney, punishable by the maximum penalties provided by State law for such offenses.

• b. If such person is guilty of a misdemeanor and is a ward of the court under Welfare and Institutions Code Section 602 as a result of committing an offense in the City of Oakley, the person shall be required, at the City’s request of the court, to perform community service, which may include graffiti removal.

• c. The City may request the court, pursuant to Civil Code Section 1714.1, to hold the parent or legal guardian of a minor who violates Section 4.35.112 personally responsible for any and all costs incurred with the removal of graffiti caused by said minor, including attorney’s fees and court costs.

• d. If the court does not hold the parent or legal guardian of a minor who violates Section 4.35.112 responsible for the City’s graffiti removal costs and the costs have not been paid to the City by the minor, parent or legal guardian of the minor, the City may make a special assessment against a parcel of land owned by the parent or legal guardian of said minor pursuant to Government Code Section 38773.6 to recover such costs, so long as the City provides thirty (30) days’ written notice to the parent or legal guardian prior to the special assessment.

• (Ord. 15-11, 6/28/2011; Ord. 10-19, 8/13/2019)

Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that any person is responsible for the unlawful application of graffiti, a fine in the amount of three times the costs of the abatement shall be paid by the violator(s). (Ord. 10-19, 8/13/2019)

The presence of graffiti on public or private property constitutes a public nuisance which may be abated as such in accordance with the provisions of this chapter, or any other applicable provision of law.

(Ord. 10-19, 8/13/2019)

Upon discovering the existence of graffiti on private or public property within the City, the City Manager or his or her designee shall have the authority to cause the abatement and removal thereof in accordance with the procedure described in this chapter. (Ord. 10-19, 8/13/2019)

It shall be unlawful for any person owning, leasing, renting, occupying, managing or having such charge or possession of any property in the City to maintain, or allow to be maintained, graffiti on such property for more than seventy-two (72) hours after receiving notice from the City to remove such graffiti, if such graffiti or any portion of it is visible to the public, from a street or

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City of Oakley, CA

OAKLEY CODE

§ 4.35.122

§ 4.35.126

sidewalk, or from other properties, public or private. (Ord. 15-11, 6/28/2011. Formerly 4.35.116; Ord. 10-19, 8/13/2019)

• a. A notice of intention to abate graffiti shall be mailed to the owner, beneficiary/trustee, or property manager of the affected premises as the owner’s name and address appear on the last equalized assessment roll with a copy addressed to the affected property, if different from the owner’s address. If the property is subject to foreclosure, notice shall be mailed to the beneficiary/trustee and/or property manager for the property. The owner, beneficiary/ trustee or property manager of the affected premises shall abate within seventy-two (72) hours of receiving the notice from the City.

• b. The failure of any person to receive notice from the City as described in subsection (a) of this section shall not prevent the City’s ability to remove the graffiti after seventy-two (72) hours from the date the notice was mailed.

• c. The notice of intention to abate graffiti shall be in substantially the following form:

NOTICE OF INTENTION TO ABATE GRAFFITI

Name

Address

City, State, Zip Code

Re: Graffiti at (property address)

As owner shown on the last equalized assessment roll of the real property located at _________, you are hereby notified that the undersigned has determined pursuant to Chapter 4.35 of the Oakley Municipal Code that there exists upon said real property certain graffiti which constitutes a public nuisance.

The City of Oakley desires for the graffiti to be removed within seventy-two (72) hours of the mailing this notice. If the graffiti has not been removed by you within seventytwo (72) hours of the mailing of this notice, the City shall determine the graffiti a public nuisance, abate the graffiti, and invoice you the cost of materials and labor to remove the graffiti. The cost is enforceable by lien against the property if not paid.

If you object to the removal of graffiti from your property by the City and/or to the costs which shall be assessed to you pursuant to the terms of this letter, you may request a hearing before an administrative hearing officer pursuant to Section 1.5.209 of the Oakley Municipal Code.

Notice mailed: (date)

City Manager

City of Oakley

• d. The graffiti must be abated using a matching color to the surface of which the graffiti has been applied and correct the entire area of such surface so as not to appear patched.

• (Ord. 15-11, 6/28/2011. Formerly 4.35.118; Ord. 10-19, 8/13/2019)

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.35.126

§ 4.35.128

If a property owner, beneficiary/trustee, or property manager fails to remove or request the City to remove graffiti within seventy-two (72) hours of receiving notice from the City to abate the graffiti, the City may, at its option, declare the structure or property to be a public nuisance, abate the graffiti, and charge the owner, beneficiary/trustee or property manager for the cost of abatement by invoice, and enforce the same by lien against the property. The cost of abatement shall include the cost of materials and the cost of labor to remove the graffiti. The City shall determine the type of removal process, which may include, but is not limited to, painting out, application of graffiti-resistant paint, washing of surface, pressure washing of surface, sanding or fence plank replacement.

(Ord. 15-11, 6/28/2011. Formerly 4.35.120; Ord. 10-19, 8/13/2019)

Any person or entity wanting to contest any charge for the cost of abatement by the City for graffiti on his or her property, or property under its control, may request an administrative hearing as set forth in Section 1.5.209. The request for an administrative hearing must be submitted to the City in writing within ten (10) days of receiving the invoice from the City for abating the graffiti.

(Ord. 15-11, 6/28/2011. Formerly 4.35.122; Ord. 10-19, 8/13/2019)

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.36.102

§ 4.36.106