Chapter 131 — OFFENSES AGAINST PROPERTY

(A) It shall be and is hereby declared to be unlawful for any person to drain water or permit water to be drained from his lands or any lands controlled by him onto any street or alley within the city.

(B) It shall be and is hereby declared to be unlawful for any person to store water or distribute water for any purpose so as to permit it to overflow onto, to saturate by seepage or to obstruct any street or alley in the city. (`67 Code, § 7-2-3) (Ord. 73, passed 8-18-47) Penalty, see § 10.99

GRAFFITI

It is the purpose and intent of the City Council, through the adoption of this subchapter, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement, especially but not limited to graffiti on privately and publicly owned walls, which are inimical and destructive of the rights and value of private property owners as well as the total community. It is further the intent of the City Council, through the adoption of this notice upon all of those who callously disregard the property rights of others, that the law enforcement agency of the city, the Riverbank Police Services Division, will strictly enforce the law and severely prosecute those persons engaging in the defacement of public and private properties. (Ord. 95-02, passed 2-27-95)

As used in this subchapter, GRAFFITI includes any inscription, word, figure, or design that is marked, etched, scratched, drawn, painted, pasted, or otherwise affixed to or on any surface, regardless of the nature of the material of that structural component, to the extent that same was not authorized in advance by the owner thereof, or, despite advance authorization, is otherwise deemed by the Council to be a public nuisance. (Ord. 95-02, passed 2-27-95)

(A) Pursuant to Cal. Gov't Code § 53069.5, the city does hereby offer a reward up to $500 for information leading to the arrest and conviction of any person for violation of Cal. Penal Code § 594 by the use of graffiti, or other acts of vandalism, not to exceed $500 per incident of graffiti. In the event of multiple contributors of information, the reward amount shall be divided by the city in the manner it shall deem appropriate. For the purposes of this section, diversion of the offending violator to a community service program or a plea bargain to a lesser offense shall constitute a conviction.

(B) Claims for rewards under this section shall be filed with the city. Each claim shall:

(1) Specifically identify the date, location and kind of property damaged or destroyed.

(2) Identify by name the person who has convicted, or confessed to the damage or destruction of the city property.

(3) Identify the court and the date upon which the conviction occurred or the place and the date of the confession. (C) The person committing the graffiti or vandalism, and if an unemancipated minor, then the custodial parent of said minor, shall be liable for any reward paid pursuant to this section.

(Ord. 95-02, passed 2-27-95; Am. Ord. 2000-08, passed 9-11-00)

(A) Declaration of nuisance. Graffiti is a nuisance. The existence of graffiti within the city limits is a public and private nuisance, and may be abated according to the provisions and procedures herein contained.

(B) Right of city to require removal (self-removal). It is unlawful for any person who is the owner or who has primary responsibility for control of property or who has primary responsibility for the repair or maintenance of property (“Responsible Party”) to permit property which is defaced with graffiti to remain so defaced for a period of seven days after notice of same, unless:

(1) Said person shall demonstrate by a preponderance of evidence that they do not have the financial or physical ability to remove the defacing graffiti; or

(2) Unless it can be demonstrated that the responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it shall be unlawful to permit such property defaced with graffiti to remain defaced for a period of 15 days after notice of same.

(C) Right of city to remove.

(1) 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 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 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 repaint or repairing the more extensive area.

(2) Prior to entering upon private property or property owned by a public entity other than the city, for the purpose of removal of graffiti, the city shall attempt to secure the consent of the property owner, and a release of the city from liability for damage to private or public property.

(3) If a responsible party fails to remove the offending graffiti within the time herein specified, or if the city shall have requested consent to remove or paint over the offending graffiti and the responsible party shall have refused consent for entry on terms acceptable to the city consistent with the terms of this section, the city shall commence abatement and cost recovery proceedings for the removal of the graffiti according to the following procedure.

ti within the time herein specified, or if the city shall have requested consent to remove or paint over the offending graffiti and the responsible party shall have refused consent for entry on terms acceptable to the city consistent with the terms of this section, the city shall commence abatement and cost recovery proceedings for the removal of the graffiti according to the following procedure.

(a) The City Manager, or his or her designee, (“hearing officer”) shall give not less than 48 hours notice, served in the same manner as summons in a civil action in accordance with Cal. Code Civ. Proc. §§ 415.10 et seq. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Cal. Gov't Code § 6062). The notice shall be given to the responsible party or parties who are responsible for the maintenance of a parcel of property containing graffiti (“property”), and, if a different person is the owner of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current, then to said owner (“owner”) also, of a due process hearing at which said responsible party and owner shall be entitled to present evidence and argue that his or her property does not contain graffiti. The determination of the hearing officer after the due process hearing shall be final and not appealable. If, after the due process hearing, regardless of the attendance of the responsible party, owner, or their respective agents, the hearing officer determines

that the property contains graffiti viewable from a public or quasi-public place, the hearing officer shall give written notice (“eradication order”) that, unless the graffiti is removed within five days thereafter, the city shall enter upon the property, cause the removal, painting over (in such color as shall meet with the approval of the hearing officer) or such other eradication thereof (“eradication effort”) as the hearing officer determines appropriate, and shall provide the responsibility party and owner thereafter with an accounting of the costs of such eradication effort on a “full cost recovery basis.”

(b) Not sooner than the time specified in the order of the hearing officer, the City Manager, or his designee, shall implement the eradication order, and shall provide an accounting to the responsible party, and as appropriate, the owner, of the costs thereof (“eradication accounting”).

(c) If the responsible party or owner fails to request a hearing before the hearing officer on the eradication accounting (“cost of hearing”), or if requested, and a cost hearing is conducted after extending due process to the responsible party and, as appropriate, the owner, after such a cost hearing, the hearing officer determines that all or a portion of the costs are appropriately chargeable to the eradication effort, the total amount set forth in the eradication accounting, or such amount thereof determined as appropriate by the hearing officer, (assessed eradication charges) shall be due and payable by the responsible party within 30 days. Any amount of assessed eradication charges assessed by the hearing officer which are less than the total amount set forth in the eradication accounting shall be explained by written letter from the hearing officer to the City Councilmembers.

(d) As to such property where the responsible party is the owner, if all or any portion of the assessed eradication charges remain unpaid after 30 days, pursuant to the authority created by law, including Cal. Gov't Code §§ 38773 et seq ., such portion thereof as shall remain unpaid shall constitute and is hereby declared to constitute a lien on the property which was the subject matter of the eradication effort. The Director of Public Works shall present a Resolution of Lien to the City Council, and upon passage and adoption thereof, shall cause a certified copy thereof to be recorded with the County Recorder's Office.

(D) Financial responsibility of minor perpetrator/parents or guardians for cost of removal. The recovery of expense of abatement of any nuisance resulting from the defacement of property by graffiti or any other inscribed material by a minor who has created, caused or committed the nuisance shall be according to the following procedure:

(1) The City Manager, or his or her designee (“hearing officer”), shall give the minor and the parent or guardian having custody and control of the minor not less than 48 hours notice of a hearing to be held by the hearing officer for the purpose of showing cause why the city should not recover the expense of abatement from the minor and the parent or guardian having custody and control of the minor. Following notice, the hearing shall be held by the hearing officer at the time, date, and place designated and at such hearing the minor and the parent or guardian having custody and control of the minor may each be heard and provided with the opportunity to show cause why the city should not recover the expense of abatement from the minor and the parent or guardian having custody and control of the minor. Following the hearing, the hearing officer shall determine whether the city should recover expense of abatement from the minor and the parent or guardian having custody and control of the minor.

ay each be heard and provided with the opportunity to show cause why the city should not recover the expense of abatement from the minor and the parent or guardian having custody and control of the minor. Following the hearing, the hearing officer shall determine whether the city should recover expense of abatement from the minor and the parent or guardian having custody and control of the minor.

(2) If the hearing officer determines that the city should recover the expense of abatement from the minor and the parent or guardian having custody and control of the minor, the city may provide an accounting of the expense of abatement along with a demand for payment to the minor and the parent or guardian having custody and control of the minor.

(3) The parent or guardian having custody and control of the minor shall be jointly and severally liable with the minor for the expense of abatement pursuant to Cal. Gov't Code §§ 38772, 38773.2, and 38773.6. If payment is not make within 30 days from the date of the accounting and demand for payment, the payment shall be deemed delinquent and shall be subject to a penalty assessment of $100 plus interest on the unpaid amount plus penalty, which interest shall accrue at the rate of 1-1/2% per month until paid.

(4) In the event the expense of abatement has not been paid within 30 days from the date of issuing an accounting and demand for payment, the amount unpaid including any penalty and interest therein shall constitute a lien pursuant to Cal. Gov't Code §§ 38772 and 38773.2 against the property of the minor and against the property of the parent or guardian having custody and control of the minor. Prior to recording a notice of lien, the hearing officer shall provide notice pursuant to Cal. Gov't Code § 38773.2. Any such lien not paid by June 30 of each year shall, upon adoption of a resolution by the City Council, may be collected along with, and in the same manner as, the general property taxes. The liened property shall be subject to the penalties, procedures, and sale in case of delinquency as provided in the Civil Code of California.

(5) As an alternative to a lien and pursuant to Cal. Gov't Code § 38773.6, the expense of abatement shall constitute a special assessment against a parcel of land owned by the minor or by the parent or guardian having custody and control of the minor. The assessment shall be collected as provided for in Cal. Gov't Code § 38773.6.

(6) In addition to any other remedy provided herein or available at law, the expense of abatement pursuant to Cal. Gov't Code § 38772 shall constitute a personal obligation against the minor and a personal obligation against the parent or guardian having custody and control of the minor.

(Ord. 95-02, passed 2-27-95) Penalty, see § 10.99

Pursuant to Cal. Welf. & Inst. Code §742.14, the city hereby reserves the right to direct the County Probation Officer to recoup the city's cost associated with defacement by minors of its property and the properties of others by graffiti or other inscribed material.

(A) Cost of enforcement. All documented costs related to enforcement will be charged to the defendant upon conviction.

(B) Cost of removal. All documented costs related to removal will be charged to the defendant upon conviction. (Ord. 95-02, passed 2-27-95; Am. Ord. 2008-003, passed 3-10-08)

Every person, firm, or entity who owns, conducts, operates, or manages a retail commercial establishment selling graffiti implements within the city shall store, stock, keep or display for sale or transfer graffiti implements in an area secure and not accessible to the public in the regular course of business and accessible only to employees of such retail commercial establishments.

(Ord. 2008-003, passed 3-10-08)

It is unlawful for any person, firm, or corporation, except a parent or legal guardian, to sell, give or in any way furnish, any aerosol spray paint container, dye container, or any marker pen with a tip exceeding three-eights of an inch in width, containing anything other than a solution which can be removed with water after it dries, to any minor under the age of 18 years, unless that person, firm, or corporation provides for the supervision of the minor's use of such aerosol paint container, dye container, or marker pen, so as to assure that the minor does not deface any public or private property, or violate any other section of this chapter.

(Ord. 2008-003, passed 3-10-08)

No person under 18 years of age may have in their possession any aerosol paint container, dye container, or marker pen with a tip larger than three-eighths of an inch in width on any public highway, street, alley, or way, or in an automobile, vehicle, or any other conveyance unless that person is accompanied by a parent or guardian. (Ord. 2008-003, passed 3-10-08)

Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor, and upon conviction shall be punishable as provided in § 10.99 of this Code of Ordinances. (Ord. 2008-003, passed 3-10-08)