Richmond Municipal Code Ch. 9.42 Graffiti

The purpose of this chapter is to provide an immediate and practical method, to be cumulative with and in addition to any other remedy available at law, whereby graffiti may be removed from buildings and structures on both public and private property. The City Council finds that the presence of graffiti on buildings and structures on public and private property is creating a condition of blight within the City of Richmond which will cause a lessening of property values and will hamper efforts to enhance economic development within the City. The City Council finds and determines that graffiti is obnoxious and a public nuisance which must be abated so as to avoid the detrimental impact of such graffiti on the City.

As used in this chapter, "graffiti" shall mean the unauthorized spraying of paint or inscribing or marking of ink, chalk, dye or other similar substances on public or private buildings or structures.

No person shall place graffiti upon any public or privately owned building or structure located on public or privately owned real property within the City. Any person violating this section shall be guilty of a misdemeanor under California Penal Code Section 19.

No person owning or otherwise in possession or control of any real property within the City shall permit or allow any graffiti to be placed upon or remain on any building or structure located on such real property when the graffiti is visible from any public street or other public or private property. Any person violating this section shall be guilty of an infraction under Section 1.04.110 of this Code.

Any act of a minor which results in the unauthorized placement of graffiti on any public or privately owned building or structure in violation of Section 9.42.030 shall be imputed to the parents or guardian having custody or control of the minor. The parents or guardian having custody of the minor shall be liable for all damages so caused by the minor in a sum not to exceed $2,000.00. In addition, the parents or guardian shall be liable to the City for any sum paid by the City to remove the graffiti or to reimburse the City for any reward paid as provided in this chapter.

The City Manager is authorized and directed to pay as a reward the sum of $200.00 in the aggregate per case, where a claim for reward is made, for information leading to the arrest and conviction of any person who places graffiti on any building or structure of another in violation of Section 9.42.030.

(a) Whenever the Public Works Director, or his or her designee, determines that graffiti exists on any building, structure, pole, post, fence, sidewalk or other structure in the City which is visible from the public right-of-way, or public and/or private property, the Director shall immediately notify the owner(s) of such property and the person(s) in possession or control of such property (if different from the owner) in writing that the graffiti must be removed or painted over within three (3) days of the date on the notice and that if they fail to comply the City shall remove or paint over the graffiti and assess all costs of the graffiti abatement to the owner. The notice shall be served on the owner and person in possession and control by either personal delivery or by certified mail at the last known address as the same appears on either City or County property records. If service is by mail, the service shall be deemed to be received at the time of such deposit in the United States mail. Whenever physically possible, a copy of the notice shall also be posted on the subject property. The written notice shall be served and the premises posted no less than three (3) days prior to any abatement action being taken by the City.

(b) Upon the failure of the owner(s) or the person(s) in possession or control to comply with the notice provided for in subsection (a) of this section, the Public Works Director shall cause the graffiti to be removed or painted over and shall file a report with the City Council advising that the removal was required and has been done, the cost of doing such work and the name of the owner(s) of the property upon which the work was required. The Public Works Director shall only cause the graffiti to be removed and shall not paint or repair an area more extensive than the graffiti.

(c) Prior to the performance of any graffiti abatement work, the Public Works Director may cause to be recorded in the Office of the Recorder of Contra Costa County a notice of pendency of graffiti abatement proceedings against the particular parcel involved. Upon the completion of the graffiti abatement work required and the reimbursement of the City for any necessary expenses incurred on account thereof, the Public Works Director shall cause to be recorded in the Recorder's Office a notice of completion of graffiti abatement proceedings against the particular parcel involved with respect to which a prior notice of pendency of graffiti abatement proceedings has been recorded.

(Amended by Ordinance No. 2-09)

The City Council shall conduct a public hearing upon the report submitted by the Public Works Director for the purpose of hearing all protests and objections to the report, the work done thereunder and the costs contained therein. At least ten (10) days prior to the hearing, the City Clerk shall notify the owner(s) of the property upon which the work was performed of the date, time and place of such hearing and the total costs to be charged against the owner(s) and the property. The notice of the public hearing shall be served upon the owner(s) in the same manner specified in Section 9.42.070(a), except that the notice shall not have to be posted upon the property. At the public hearing, the City Council shall hear and determine all protests and objections to the report, the work done thereunder and the costs contained therein. At the conclusion of the public hearing, the City Council shall, by resolution, confirm, amend or reject the report in whole or in part.

The owners of the property upon which the graffiti has been abated shall become personally indebted to the City for the total costs of abatement as determined by the City Council. If such costs are not paid, the Director of Finance shall have the costs entered upon the assessment roll to be collected at the same time and in the same manner as ordinary municipal taxes are collected. If such costs are not paid, the City Council may, at its option, by resolution, order that all of the costs of abatement shall constitute a lien upon the property from which such abatement occurred and shall direct the Director of Finance to record a certified copy of such resolution in the Recorder's Office of Contra Costa County. The City Attorney shall thereupon proceed for foreclose upon such lien and to collect all of the amounts owing to the City in the manner provided by law. The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the City by law or in equity, including, but not limited to, those provided in Chapter 1.14 of this Code.

(Ord. No. 26-20 N.S., § IX, 11-10-2020)

As an alternative to the method of removal of graffiti as provided above in this chapter, the City may appropriate funds to finance the removal of graffiti from publicly or privately owned real property within the City, subject to the following conditions:

(a) The City shall not authorize nor undertake to provide for the removal or painting over of any more extensive area than that where the graffiti is located.

(b) Prior to the removal or painting over of the graffiti, the City shall obtain the written consent of the owner of the real property.

(c) The graffiti must be visible from a public street or other public or private property.

(Source: Ordinance No. 28-89 N.S.)