Article 2 — Graffiti Removal Regulations

The purpose of this chapter is to provide regulations designed to prevent and control the spread of graffiti in the City and to provide a program for removal of graffiti from walls and structures on both public and private property in a timely manner. The City Council adopts this chapter pursuant to Government Code Section 53069.3 which authorizes cities to use public funds to remove graffiti from public and private property.

(§ 2, Ord. 611-C.S., eff. March 16, 1994)

Graffiti on public or private property is a blighting factor which both depreciates the value of the property which has been the target of such vandalism and also depreciates the value of adjacent and surrounding properties. In so doing, graffiti has a negative impact upon the entire community.

Further, the existence of graffiti tends to encourage other acts of malicious vandalism and may breed community discontent leading to other forms of criminal activity. The Council finds and determines the graffiti is obnoxious and a public nuisance and that, unless it is removed expeditiously from public and private property, it tends 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 to live.

(§ 2, Ord. 611-C.S., eff. March 16, 1994)

As used in this article, the words set out in this section shall have the following meanings:

(a)

"Graffiti" shall mean the unauthorized inscription, word, figure or design that is marked, drawn, etched, scratched, painted or applied using paint, ink, chalk, felt markers, dye or any similar substance, on any structural component of any public or private building, structure or other facility, regardless of the nature of the material of that structural component.

(b)

"Obnoxious graffiti" shall mean having any of the following characteristics:

(1)

Insult to or incitement of hatred of or contempt for any racial, religious or ethnic group;

(2)

Inclusion of or reference to the name of any gang, or words or symbols associated with a gang or gangs;

(3)

Insult or threat to any identifiable individual or group;

(4)

Obscene or indecent language or pictures;

(5)

Any graffiti which is an eyesore to the neighborhood or which tends to attract more graffiti.

(c)

"Removal by city" shall mean painting over to cover or hide the graffiti. The City shall have no obligation to match existing color scheme or to paint an entire structure or section of a structure.

(§ 2, Ord. 611-C.S., eff. March 16, 1994)

(a)

It is unlawful for any person to apply graffiti on any public or privately owned buildings, fixtures or structures located on public or privately owned real property within the City.

(b)

It is unlawful for the owner or manager or person in control of a lot or parcel to (1) permit obnoxious graffiti to remain upon a structure upon such lot or parcel of land, or (2) maintain any structure affixed to such lot or parcel of land with obnoxious graffiti on such structure for a period in excess of those prescribed in this chapter.

(§ 2, Ord. 611-C.S., eff. March 16, 1994)

(a)

Whenever graffiti located on public or privately owned permanent structures, or on public or privately owned real property within the City, which either is visible from any public right-of-way or from other public or private property, the Chief of Police or his or her designee is authorized to provide for the removal of the graffiti in accordance with state law and established City procedures.

(b)

Graffiti found on property owned by a public entity other than the City may be removed after securing consent from the public agency having jurisdiction over the structure or real property on which the graffiti is located. The removal will be at no cost to the public entity.

(c)

Prior to removal of graffiti from private property, written notice shall be personally delivered to and posted on the property. The notice shall inform the property owner and occupant that the graffiti exists and must be immediately removed. The notice shall state that, within seventy-two (72) hours, the owner or occupant must abate the graffiti or the City will enter the property and abate the graffiti at City expense by cleaning, painting or otherwise removing the graffiti. If the owner or occupant objects to the City entering the property and removing the graffiti, the owner or occupant must notify the City within seventy-two (72) hours of the posting. The notice shall inform the owners of the procedure for filing an objection. If the graffiti is not removed and no objection is filed, the City may enter the property and remove the graffiti at no cost to the property owners. If the property is occupied by other than the owner of record, the renter or other occupant of premises posted under this section shall immediately notify the owner and forward the posted notice to the property owner. Failure of the owner or occupant to object to the removal of graffiti by the City within seventy-two (72) hours of posting shall be conclusively presumed to be the owner's and occupant's consent to the City to enter the property and remove the graffiti.

(§ 2, Ord. 611-C.S., eff. March 16, 1994)

In the event the owner, occupant, manager or other person in control of a property where graffiti has been found objects to the City entering upon the property for the purpose of removing graffiti in accordance with this chapter, the property owner, occupant, manager or other person in control shall remove the graffiti at private expense within seventy-two (72) hours of receipt of notification by City of the obligation to do so.

(§ 2, Ord. 611-C.S., eff. March 16, 1994)

In the event the property owner, occupant, manager or other person in control of the property fails to remove graffiti within the seventy-two (72) hour period, and files an objection to the City removing it, the City may proceed to abate the graffiti as a public nuisance at private expense pursuant to the nuisance abatement process provided in Chapter 25 of Title 5 of the Pacifica Municipal Code.

(§ 2, Ord. 611-C.S., eff. March 16, 1994)

In the event the real property upon which the graffiti is located is unoccupied or is upon a public street, sidewalk or right-of-way, or consists of a structure, pole or object owned by a private or public utility company, the same graffiti removal procedures as are set forth in Section 5-21.205 shall apply except that the removal notice will be sent by first class mail to the property owner and the removal period will be ten (10) calendar days from the date of the mailed notice.

If the graffiti is not removed as required, no further notification will be required and removal will occur as set forth in this chapter.

(§ 2, Ord. 611-C.S., eff. March 16, 1994)

(a)

Any person found guilty of applying graffiti in violation of Section 5-21.204(a) shall reimburse the City or the property owner for any and all costs the City or property owner may incur in removing graffiti under the provisions of this chapter. Such reimbursement shall be in addition to any other penalties imposed by the court pursuant to Penal Code Section 594 or 594.1. If the violator is a minor, the parent or guardian shall be responsible for such reimbursement.

(b)

Any owner, occupant, manager, or other person in control of any structure or real property who permits or maintains any graffiti in violation of this chapter is guilty of an infraction.

(c)

Any person who removes any notice or order posted as required by this chapter for the purpose of interfering with the enforcement of the provisions of this chapter is guilty of an infraction.

(d)

Any person who obstructs, impedes or interferes with any representative of the City or with any owner, occupant, manager or other person in control of private property when any of the aforementioned individuals are lawfully engaged in proceedings involving the abatement of graffiti under this chapter is guilty of an infraction.

(e)

Infractions are punishable as provided in Chapter 2 of Title 1 of the Pacifica Municipal Code.

(§ 2, Ord. 611-C.S., eff. March 16, 1994)

Nothing in this chapter shall be deemed to prevent the City Attorney from commencing a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions. The remedies provided for herein shall be cumulative and not exclusive.

(§ 2, Ord. 611-C.S., eff. March 16, 1994)