Article 10 — Removal

Any person applying graffiti within the City shall have the duty to remove same in a manner approved by the City within 24 hours after notice by the City or the public or private owner of the property involved. The notice to the person applying graffiti shall be in writing and shall be addressed and served in the manner provided in Section 4-18.1003(b) of this article. Failure of any person to so remove graffiti shall constitute an additional violation of this chapter. Consistent with Section 1714.1 of the Civil Code where graffiti is applied by minors, the parent or guardian shall be responsible for such removal or payment for the cost thereof.

(§ 1, Ord. 701, eff. November 26, 1993, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

Whenever the Director of Public Works or his or her designated representative determines that graffiti exists upon property owned by the City, it shall be removed as soon as possible. When property is owned by a public entity other than the City, the removal of the graffiti may be authorized by the Director of Public Works or his or her representative and removal undertaken by City personnel or independent contractor only after securing written consent of the public entity having jurisdiction over the property.

(§ 1, Ord. 701, eff. November 26, 1993, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

• (a) Duty to remove. It is the duty of every owner of property to remove promptly therefrom any and all graffiti and to do so in a manner acceptable to the City. Where graffiti is located upon private property, which is capable of being viewed by persons utilizing any public right-of-way or sidewalk within the City, the City may cause a written notice to be served upon the owner of the affected premises requesting the removal of that graffiti. Unless additional time is granted by the City, due to a hardship in complying, the property owner shall have 10 calendar days after the date of the City's notice to remove the graffiti. Failure to remove shall be a violation for each day the graffiti is not removed and deemed to authorize the City's removal and assessment of costs of such removal as a lien on the subject property.

• (b) Notice. Notice to private property owners by the City shall be addressed to the name and address as it appears on the last tax assessment roll by depositing a copy of the notice in the United States mail, certified, with postage fully affixed, or by personally delivering a copy of the notice to the owner of the property. The service shall be complete at the time of deposit in the mail or when personal service is effectuated. The failure of any person to receive such notice shall not affect the validity of any legal proceedings regarding removal of the graffiti.

• (§ 1, Ord. 701, eff. November 26, 1993, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

Whenever the City becomes aware, or is notified and determines that graffiti is so located on public or privately owned property viewable from a public or quasi public place within the City, the City shall be authorized to use public funds for the removal of same, or for the painting or

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City of Ojai, CA § 4-18.1004

OJAI CODE

§ 4-18.1004

repairing of same, but shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, unless the City Manager, or his or her designee, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the responsible party agrees to pay for the costs of repainting or repairing the more extensive area. (§ 1, Ord. 701, eff. November 26, 1993, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-18.1101

§ 4-18.1102