Redlands Municipal Code Ch. 8.42 Graffiti Abatement Procedure

It is the purpose and intent of this chapter to provide a procedure for removal of graffiti from walls and structures on both public and privately owned property in order to reduce blight and deterioration within the city and to protect the public safety.

The city finds and determines that graffiti is obnoxious and a public nuisance, as defined in section 8.04.210 of this title, and must be abated to avoid the detrimental impact of such graffiti on the city and its residents, and to prevent the further spread of graffiti. (Ord. 2043 § 1, 1988)

Whenever the following terms are used in this chapter, they shall have the meaning established by this section:

GRAFFITI: The unauthorized spraying of paint or marking of ink, chalk, dye or other similar substances on public and private buildings, structures and places.

GRAFFITI ABATEMENT PROCEDURE: An abatement procedure which identifies graffiti, issues notice to the landowner to abate the graffiti, and cures in absence of response.

PRIVATE CONTRACTOR: Any person with whom the city shall have duly contracted to remove graffiti. (Ord. 2043 § 1, 1988)

A. No person shall place graffiti or other writing upon any public or privately owned permanent structure located on publicly or privately owned real property within the city of Redlands.

B. No person owning or otherwise in control of any real property within the city shall permit or allow any graffiti to be placed upon or remain on any permanent structure located on such property when the graffiti is visible from the street or other public or private property. (Ord. 2043 § 1, 1988)

Whenever the city engineer determines that graffiti exists on any permanent structure in the city of Redlands which is visible from the street or other public or private property, the city engineer shall cause a notice to be issued to abate such nuisance. The property owner shall have ten (10) days after the date of the notice to remove the graffiti, or the property will be subject to abatement by the city. (Ord. 2043 § 1, 1988)

A. The notice to abate graffiti pursuant to section 8.42.040 of this chapter shall cause a written notice to be served upon the owner(s) of the affected premises, as such owner's name and address appears on the last equalized property tax assessment rolls of the county of San Bernardino. If there is no known address for the owner, the notice shall be sent in care of the property address. The notice required by this chapter may be served in any one of the following manners:

1. By personal service on the owner, occupant or person in charge or control of the property;

2. By registered or certified mail addressed to the owner at the last known address of the owner. If this address is unknown, the notice will be sent to the property address.

B. The notice shall be substantially in the following form:

NOTICE OF INTENT TO REMOVE GRAFFITI

Date:

NOTICE IS HEREBY GIVEN that you are required by law at your expense to remove or paint over the graffiti located on the property commonly known as , Redlands, California, which is visible to public view, within ten (10) days after the date of this notice; or, if you fail to do so, City employees or private contractors employed by the City will enter upon your property and abate the public nuisance by removal or painting over the graffiti. The cost of the abatement by the City employees or its private contractors will be assessed upon your property and such costs will constitute a lien upon the land until paid.

All persons having any objection to, or interest in said matters are hereby notified to submit any objections or comments to the City Engineer for the City of Redlands or his/her designated representative within ten (10) days from the date of this notice. At the conclusion of this ten (10) day period the City may proceed with the abatement of the graffiti inscribed on your property at your expense without further notice.

(Ord. 2043 § 1, 1988)

Within ten (10) days from the mailing or personal service of the notice, the owner or person occupying or controlling such premises or lot affected may appeal to the city council of the city of Redlands. At a regular meeting or regular adjourned meeting of the city council not more than twenty (20) days thereafter, the council shall proceed to hear and pass upon such appeal. The decision of the council thereupon shall be final and conclusive. (Ord. 2043 § 1, 1988)

Upon failure of persons to comply with the notice by the designated date, or such continued date thereafter as the city engineer or his/her designated representative approves, then the city engineer is authorized and directed to cause the graffiti to be abated by city forces or private contract, and the city or its private contractor is expressly authorized to enter upon the premises for such purposes. All reasonable efforts to minimize damage from such entry shall be taken by the city, and any paint used to obliterate graffiti shall be as close as practicable to background color(s). (Ord. 2043 § 1, 1988)

Property owners in the city of Redlands may consent in advance to city entry onto private property for graffiti removal purposes. The city will make forms for such consent available. (Ord. 2043 § 1, 1988)

Where a structure is owned by a public entity other than the city, the removal of the graffiti may be authorized only after securing the consent of an authorized representative of the public entity having jurisdiction over the structure. (Ord. 2043 § 1, 1988)

The city engineer shall keep an account of costs (including incidental expenses) of abating such nuisance on each separate parcel of land where the work is done and shall render an itemized report in writing to the city council showing the cost of abatement; provided, that before the report is submitted to the council, a copy shall be served in accordance with the provisions of section 8.42.040 of this chapter, together with a notice of time when the report shall be heard by the council for confirmation.

A. The city council shall set the matter for hearing to determine the correctness and reasonableness of such costs.

B. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts and in inspecting the work, and the costs of printing and mailing required hereunder. (Ord. 2043 § 1, 1988)

At the time and place fixed for receiving and considering the report, the city council shall hear and pass upon the report of such costs of abatement, together with any objections or protests. Thereupon, the city council may make such revision, correction or modification in the report as it may deem just, after which, by motion, the report as submitted or as revised, corrected or modified shall be confirmed. The decision of the city council on all protests and objections which may be made shall be final and conclusive. (Ord. 2043 § 1, 1988)

A. The total cost for abating such nuisance, as confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the San Bernardino County recorder of a notice of lien, as so made and confirmed, shall constitute a lien on the property for the amount of such assessment.

1. After such confirmation and recordation, a copy shall be filed with the assessor and the tax collector of San Bernardino County, acting for the city, in order that the county officials may add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or

2. After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

B. Such notice of lien for recordation shall be in form substantially as follows:

NOTICE OF LIEN

(Claim of City of Redlands)

Pursuant to the authority vested by the provisions of Section 8.42.070 of the Redlands Municipal Code, the City Engineer of the City of Redlands did, on or about the day of , 19 , cause the painting over or removal of graffiti at the premises hereinafter described in order to abate a public nuisance on said real property; and the City Council of the City of Redlands did on the day of , 19 , assess the cost of such abatement upon the real property hereinafter described, and the same has not been paid nor any part thereof; and that said City of Redlands does hereby claim a lien on such costs of abatement in the amount of said assessment (the sum of $ ); and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land in the City of Redlands, County of San Bernardino, State of California, and particularly described as follows:

(Description)

DATED: This day of , 19 .

City Clerk of the City

of Redlands, California

(Ord. 2043 § 1, 1988)

Any owner, lessee, occupant, or other interested person having any objections or feeling aggrieved at any proceeding taken on appeal by the city council in ordering the abatement of any public nuisance under the provisions of this chapter, must bring an action to contest such decision within thirty (30) days after the date of such decision by the city council. Otherwise, all objections to such decision shall be deemed waived. (Ord. 2261 § 3, 1995: Ord. 2043 § 1, 1988)

Any gas, telephone, water, sewer, cable, electrical and other utility operating in the city shall paint its freestanding, above surface metal fixtures which are installed pursuant to city permit after the effective date hereof, with a uniform paint type and color as directed by the city staff. (Ord. 2261 § 1, 1995)

Encroachment permits issued by the city may, among other items, be conditioned on: a) the permittee applying an antigraffiti material to the encroaching object or structure of a type and nature which is acceptable to the city staff; b) the immediate removal by the permittee of any graffiti; c) the right of the city to remove graffiti or to paint the encroaching object or structure; d) the permittee providing the city with sufficient matching paint and/or antigraffiti material on demand for use in the painting of the encroaching object or structure containing graffiti. (Ord. 2261 § 1, 1995)

When approving any subdivision map, conditional use permit, variance, commission review and approval or other similar discretionary land use entitlement, the city may impose graffiti removal requirements as follows:

A. The applicant may be required to apply an antigraffiti material or provide a landscape design of a type and nature which is acceptable to the city to such of the publicly viewable surfaces to be constructed on the site deemed to be likely to attract graffiti (hereinafter "graffiti attracting surfaces");

B. The applicant may be requested to grant, in writing, a right of entry over and access to the property subject to the entitlement, upon forty eight (48) hours' written notice, by authorized city employees or agents for the purpose of removing or "painting over" graffiti on graffiti attracting surfaces. Such grant shall be made an express condition of approval and shall be deemed to run with the land;

C. The applicant, and his or her successors in interest, shall for a specified period of years after approval provide the city with sufficient matching paint and/or antigraffiti material on demand for use in the painting over or removal of designated graffiti attracting surfaces;

D. The applicant for a subdivision map shall, as part of any conditions, covenants and restrictions, covenant in a form satisfactory to the city, that the owners of the lots shall immediately remove any graffiti placed on publicly viewable trees and structures thereon to the city's satisfaction. (Ord. 2261 § 1, 1995)

A. Pursuant to section 53069.5 of the California Government Code, the city may offer a reward in an amount as may be set by resolution of the city council for information leading to the arrest and conviction of any person for violation, within the city, of California Penal Code section 594 or 594.3 by the use of graffiti, Penal Code sections 640, 640.5, 640.6 or the provisions of this chapter. In the event of multiple contributions of information, the reward amount shall be divided by the city in the manner it deems appropriate. For the purposes of this section, diversion of the violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction.

1. Claims for rewards under this section shall be filed with the city. Each claim shall specifically identify the date, location and kind of property damaged or destroyed, identify by name the person who was convicted and identify the court and the date upon which the conviction occurred.

2. No claim for a reward shall be allowed by the city council unless the city investigates and verifies the accuracy of the claim and determines that the requirements of this section have been satisfied.

B. The person committing the graffiti vandalism, and if such person is an unemancipated minor then the parent or lawful guardian of said minor, shall be civilly liable for any reward paid pursuant to this section and the provisions of California Government Code section 53069.5. (Ord. 2261 § 1, 1995)

Whenever appropriate, the city intends to petition a sentencing court to impose the following additional penalties upon conviction:

A. Litter or graffiti cleanup pursuant to California Vehicle Code section 42001.7, upon conviction of a violation of California Vehicle Code section 23111, 23112 or 23113(a);

B. Suspension or delay of issuance of a driver's license pursuant to California Vehicle Code section 13202.6 upon a graffiti vandalism conviction;

C. Performance of community service, including graffiti removal service by any minor determined to be a ward of the court as a result of committing a vandalism related offense in the city of Redlands, as provided in California Welfare and Institutions Code sections 728 and/or 729.6;

D. Performance of community service, including graffiti removal service of up to one hundred (100) hours by any minor determined to be a ward of the court as a result of committing a drug related offense in the city of Redlands, as provided in California Welfare and Institutions Code section 729.8;

E. Any person who shall violate any provision of this chapter shall be guilty of a misdemeanor upon conviction thereof unless, upon the exercise of his or her prosecutorial discretion by the city attorney, such violation is charged as an infraction;

F. Pursuant to California Civil Code section 1714.1, any parent or legal guardian whose minor child is convicted of malicious mischief or vandalism pursuant to California Penal Code section 594 et seq., or convicted of a lesser crime that was related to or evolved directly from an act of graffiti vandalism, shall be personally liable for any and all costs to any person or business incurred in connection with the removal of graffiti caused by said minor child, or by said graffiti implement, and for all law enforcement costs, city staff costs, attorney fees and court costs incurred in connection with the civil prosecution of any claims for damages or reimbursement up to the sum of ten thousand dollars ($10,000.00). (Ord. 2261 § 1, 1995)