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Chapter 8.44 — WELLS AND MINES

8.49 — GRAFFITI ABATEMENT

Palos Verdes Estates Municipal Code · 2026-07 edition · updated 2026-09-27 · Palos Verdes Estates

§ 8.49.010. Definitions.

As used in this chapter:

“Graffiti” means any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on any real or personal property.

“Notice” means a written communication served in compliance with Cal. Gov. Code § 38773.1. (Ord. 537 § 1, 1991; Ord. 701 § 2 (Exh. 1), 2012)

§ 8.49.020. Graffiti prohibited.

It is unlawful for any person to permit or allow any graffiti or other defacement by paint, other liquids or other means of inscription within public view to remain on any building or structure whether publicly or privately owned upon any lot or parcel of land under his or her ownership, custody or control.

(Ord. 537 § 1, 1991; Ord. 701 § 2 (Exh. 1), 2012)

§ 8.49.025. Declaration of graffiti as a public nuisance.

The city council hereby finds and declares that the appearance of graffiti on public and private properties within public view is obnoxious and constitutes a public nuisance, the abatement of which shall be provided as set forth herein.

(Ord. 701 § 2 (Exh. 1), 2012)

§ 8.49.030. Notice to owners or possessors of private property.

Whenever the city manager, or his or her designee, determines that graffiti is being maintained upon the premises within the city in violation of this chapter, the city manager, or designee, shall send written notice of the premises of such condition to the owner or possessor and shall require that the graffiti be removed. The notice and order shall be sent to the owner as shown on the most recent equalized assessment roll and a copy shall be posted on the subject property. The notice shall state that the owner must remove the graffiti or consent to its removal by the city within fourteen days from the date the notice was mailed.

(Ord. 537 § 1, 1991; Ord. 701 § 2 (Exh. 1), 2012)

§ 8.49.035. Removal.

  • A. Property Owner’s Consent to Remove. Whenever the city manager, or his or her designee, determines that graffiti is located on public or private property so that graffiti may be viewed by a person using any public right-of-way or other public property, the city manager, or designee, is authorized to provide for and use public funds, if necessary, to remove graffiti upon the following conditions:

    1. Public Property. Whenever the city manager or designee determines that graffiti exists upon property owned by the city, it shall be removed as soon as possible. When the property is owned by a public entity other than the city, the removal of the graffiti is authorized after securing written consent of the public agency having jurisdiction over the property.

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City of Palos Verdes Estates, CA

HEALTH AND SAFETY

§ 8.49.035

§ 8.49.055

  1. Private Property. Where the subject property is privately owned, the removal of graffiti is authorized after the city manager, or designee, secures the written consent of the owner of the property and the owner executes a release and waiver approved as to form by the city attorney.

  • B. Removal by City without Consent of Property Owner. The city manager may initiate proceedings to abate any graffiti maintained contrary to the provisions of this chapter only after the following has occurred:

    1. The city manager has determined that graffiti within public view exists on particular premises in the city;

    2. A notice of such condition has been sent to the property owner pursuant to PVEMC § 8.49.030; and

    3. The property owner has failed to either remove the graffiti or consent to its removal by the city within the time period specified in the notice.

  • (Ord. 701 § 2 (Exh. 1), 2012)

§ 8.49.040. Hearing prior to abatement – Notice of hearing.

Prior to the city abating graffiti on private property without the consent of the owner, a hearing shall be conducted by the city manager or his or her designee, at which time the property owner shall be given an opportunity to be heard regarding the proposed abatement. A notice of the time, place and subject of the hearing before the city manager or designee shall be sent to the property owner not less than ten days prior to the hearing.

(Ord. 701 § 2 (Exh. 1), 2012)

§ 8.49.045. Posting and serving notice of hearing.

  • A. The city manager shall cause the notice to be served in the same manner as a summons in a civil action in accordance with the California Code of Civil Procedure on the owner as shown on the latest equalized tax assessment roll of the affected premises and shall cause a copy of the notice to be conspicuously posted on the affected premises.

  • B. The notice shall be posted and served at least ten days before the time fixed for the hearing. Proof of posting and serving such notice shall be made by declaration under penalty of perjury filed with the hearing officer.

  • C. The failure of any person to receive the notice shall not affect the validity of any proceedings under this chapter.

  • (Ord. 701 § 2 (Exh. 1), 2012)

§ 8.49.050. Conduct of hearing.

The hearing to determine whether a nuisance exists shall be conducted by the city manager or his or her duly authorized representative as the hearing officer. At the hearing, the hearing officer shall receive and consider all relevant evidence. Any interested person shall be given a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence presented, the hearing officer shall determine whether a nuisance within the meaning of this chapter exists and whether an abatement is appropriate.

(Ord. 701 § 2 (Exh. 1), 2012)

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City of Palos Verdes Estates, CA § 8.49.055

PALOS VERDES ESTATES CODE

§ 8.49.075

§ 8.49.055. Order of abatement.

Within ten days after the hearing, the city manager, or his or her designee, shall give written notice of the decision to the owner and to any other person requesting the same personally or by first class United States mail, postage paid. If a nuisance is determined to exist and abatement is determined to be appropriate, the notice shall contain an order of abatement directed to the owner of the affected property or the person in control or charge of the property and shall set forth the nature of the graffiti, its location on the premises and the maximum number of days, time and manner for its abatement. The city manager may impose such conditions as are reasonably necessary to abate the graffiti. The decision of the city manager may be appealed to the city council by the filing of a written request for appeal with the city clerk within ten days after the city manager mails notice of the decision to the owner. (Ord. 701 § 2 (Exh. 1), 2012)

§ 8.49.060. Abatement.

If the city manager’s decision is not appealed and the nuisance is not abated within the time frame set by the order of abatement, the city manager, or his or her designee, is authorized to enter upon the premises and to abate the graffiti nuisance through utilization of labor, equipment and materials as directed by the city manager. The graffiti shall be removed as authorized herein, but the removal shall not involve the painting or repair of a more extensive area than is necessary for such removal. The city manager shall then prepare a statement of the fact of such abatement and of the expense incurred in abatement and shall file the statement with the city clerk. Such statement shall identify the premises including more than one lot or each separate lot, or all of the lots may be set forth in the same statement.

(Ord. 537 § 1, 1991; Ord. 701 § 2 (Exh. 1), 2012)

§ 8.49.065. Assessment of cost.

Upon completion of the work required to abate the graffiti, the cost to the city to perform such work shall be assessed against the property owner pursuant to the procedures set forth in PVEMC § 8.48.100.

(Ord. 701 § 2 (Exh. 1), 2012)

§ 8.49.070. Parental responsibility.

Pursuant to Cal. Civ. Code § 1714.1, and any successor statute thereto, every parent or other legal guardian having custody or control of a minor who defaces property by inscribing graffiti thereon shall be jointly and severally liable with such minor for any resulting damages incurred by the property owner, or any other person, in an amount not to exceed twenty-five thousand dollars for each such act of defacement and for all attorney’s fees and court costs incurred in connection with the civil prosecution for damages. (Ord. 701 § 2 (Exh. 1), 2012)

§ 8.49.075. Reward.

The city may pay to any person who provides information which leads to arrest and conviction of any person who applies graffiti to any public or private property in the city visible to the public a reward as established by city council resolution. The amount of any award paid pursuant to this section may be sought from the person arrested and convicted as restitution in addition to any other restitution associated with the removal of graffiti.

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City of Palos Verdes Estates, CA

HEALTH AND SAFETY

§ 8.49.075

§ 8.49.080

(Ord. 701 § 2 (Exh. 1), 2012)

§ 8.49.080. Remedy cumulative.

The remedies provided in this chapter are in addition to other remedies and penalties available under this code and the laws of the state of California.

(Ord. 537 § 1, 1991; Ord. 701 § 2 (Exh. 1), 2012)

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City of Palos Verdes Estates, CA

HEALTH AND SAFETY

§ 8.52.010

§ 8.52.040

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▸Contents — Palos Verdes Estates Municipal Code
Palos Verdes Estates Municipal Code
  1. Title 1
  2. Title 2
  3. Chapter 2.12 — POLICE DEPARTMENT
  4. Chapter 2.08 — CITY MANAGER
  5. Chapter 2.10 — FINANCE DIRECTOR
  6. Chapter 2.12 — POLICE DEPARTMENT
  7. Chapter 2.16 — POLICE DEPARTMENT RESERVE CORPS
  8. Chapter 2.24 — COMMISSIONS AND COMMITTEES
  9. Chapter 2.28 — EMERGENCY SERVICES
  10. Chapter 2.32 — UNCLAIMED PROPERTY
  11. Chapter 2.36 — PERSONNEL AND EMPLOYMENT
  12. Chapter 2.38 — POST-EMPLOYMENT LOBBYING
  13. Title 3
  14. Chapter 3.00 — SPECIAL REAL PROPERTY TAX
  15. Chapter 3.04 — ASSESSMENT AND TAX COLLECTION
  16. Chapter 3.08 — SALES AND USE TAX
  17. Chapter 3.24 — PURCHASING SYSTEM
  18. Chapter 3.28 — TRANSPORTATION IMPROVEMENT FUND
  19. Chapter 3.32 — CHARGE FOR SPECIAL POLICE SERVICES
  20. Chapter 3.36 — LAW ENFORCEMENT SERVICES SPECIAL TAX
  21. Title 5
  22. Chapter 5.04 — FORTUNETELLING AND RELATED PRACTICES
  23. Chapter 5.08 — PEDDLERS AND SOLICITORS
  24. Chapter 5.16 — BUSINESS LICENSE TAX
  25. Chapter 5.20 — COMMERCIAL FILM PERMIT
  26. Chapter 5.25 — REAL PROPERTY RECORDS REPORT
  27. Title 6
  28. Chapter 6.04 — ANIMAL CONTROL GENERALLY
  29. Chapter 6.08 — REGULATIONS PERTAINING TO DOGS
  30. Chapter 6.12 — POTENTIALLY DANGEROUS AND VICIOUS DOGS
  31. Chapter 6.16 — VACCINATION
  32. Title 8
  33. Chapter 8.32
  34. Chapter 8.04 — HEALTH CODE
  35. Chapter 8.14
  36. Chapter 8.16 — GARBAGE AND RUBBISH
  37. Chapter 8.18 — SOLID WASTE DISPOSAL
  38. Chapter 8.24 — HANG GLIDERS AND MODEL AIRCRAFT
  39. Chapter 8.32 — OUTDOOR BUSINESS LIGHTING
  40. Chapter 8.36 — SUBSTANDARD PREMISES
  41. Chapter 8.40
  42. ▸Chapter 8.44 — WELLS AND MINES
    Overview
    1. 8.48 — NUISANCES, GENERAL
    2. 8.49 — GRAFFITI ABATEMENT
  43. Chapter 8.52 — MOBILE SOURCE AIR POLLUTION REDUCTION
  44. Chapter 8.56 — SMOKING PROHIBITED
  45. Chapter 8.60 — FIREWORKS
  46. Title 9
  47. Chapter 9.04 — OFFENSES AGAINST PUBLIC DECENCY
  48. Chapter 9.05 — PICKETING
  49. Chapter 9.08 — CURFEW
  50. Chapter 9.12 — WEAPONS
  51. Chapter 9.16 — USE OF BEACHES
  52. Chapter 9.18 — SOCIAL HOST LIABILITY FOR PARTIES AT WHICH UNDE…
  53. Chapter 9.20
  54. Title 10
  55. Chapter 10.02 — PENALTIES
  56. Chapter 10.08 — TRAFFIC ADMINISTRATION
  57. Chapter 10.12
  58. Chapter 10.16 — TRAFFIC-CONTROL DEVICES
  59. Chapter 10.20 — ONE-WAY STREETS AND ALLEYS
  60. Chapter 10.24 — SPECIAL STOPS
  61. Chapter 10.28 — MISCELLANEOUS DRIVING RULES
  62. Chapter 10.32
  63. Chapter 10.36 — STOPPING, STANDING AND PARKING – VENDING
  64. Chapter 10.40
  65. Chapter 10.44 — STOPPING, STANDING AND PARKING – TIMES
  66. Chapter 10.48 — STOPPING FOR LOADING AND UNLOADING ONLY
  67. Chapter 10.52
  68. Chapter 10.60 — CONGESTION MANAGEMENT PROGRAM
  69. Title 12
  70. Chapter 12.04 — ENCROACHMENTS
  71. Chapter 12.12 — EXCAVATIONS
  72. Chapter 12.16 — STREET TREES
  73. Chapter 12.20 — STREET AND SIDEWALK USE RESTRICTIONS
  74. Chapter 12.24 — PARKS
  75. Chapter 12.32
  76. Title 13
  77. Chapter 13.08 — STORM DRAINS AND STORMWATER MANAGEMENT AND POL…
  78. Chapter 13.12 — UNDERGROUND UTILITY DISTRICTS
  79. Chapter 13.14 — SANITARY SEWERS AND INDUSTRIAL WASTE
  80. Title 15
  81. Chapter 15.04
  82. Chapter 15.08 — ADMINISTRATION
  83. Chapter 15.12
  84. Chapter 15.20
  85. Chapter 15.50 — FLOODPLAIN MANAGEMENT
  86. Title 16
  87. Chapter 16.04 — GENERAL PROVISIONS
  88. Chapter 16.16 — DESIGN STANDARDS
  89. Chapter 16.16 — DESIGN STANDARDS
  90. Title 17
  91. Chapter 17.04 — GENERAL PROVISIONS
  92. Chapter 17.10 — ENVIRONMENTAL QUALITY
  93. Chapter 17.20 — CONDITIONAL USE PERMITS
  94. Chapter 17.22 — SITE PLAN PERMITS
  95. Chapter 17.36 — STATUTE OF LIMITATIONS
  96. Chapter 17.40
  97. Chapter 17.44 — REASONABLE ACCOMMODATION
  98. Title 18
  99. Chapter 18.55 — WIRELESS COMMUNICATIONS FACILITIES
  100. Chapter 18.32 — WALLS AND FENCES
  101. Chapter 18.36 — NEIGHBORHOOD COMPATIBILITY
  102. Chapter 18.37
  103. Chapter 18.39
  104. Chapter 18.40 — MIXED-USE OVERLAY (MU-O) ZONE
  105. Chapter 18.42 — HOME OCCUPATION
  106. Chapter 18.45 — ACCESSORY DWELLING UNITS
  107. Chapter 18.50 — WATER EFFICIENT LANDSCAPING
  108. Chapter 18.60 — NONCOMMERCIAL ANTENNAS
  109. Chapter 18.64 — MOBILEHOME PARKS
  110. Chapter 18.72 — SPECIAL DEVELOPMENT STANDARDS
  111. Chapter 18.73 — REGULATION OF MEDICAL MARIJUANA
  112. Title 19
  113. Chapter 19.01 — DEFINITIONS
  114. Chapter 19.02
  115. Title OL

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