San Bernardino Municipal Code Ch. 8.69 Graffiti

Public funds, to the extent they are available, may be used for the removal of graffiti, as described in § 8.69.030(A), with the written consent, waiver of liability and agreement to hold the city harmless from any and all damages signed by the owner(s), owner’s(s’) agent(s) or occupier(s) of the property on which the graffiti appears, if such individuals assure the city and confirm that they have the legal authority to execute such consent, waiver and agreement. If consent and waiver are not obtained, or if public funds are not available, the Director of Public Services shall follow the procedure contained in §§ 8.69.030 et seq.

(Ord. 3675, passed 9-21-1977; Ord. MC-658, passed 4-19-1989)

[Reserved]

(Repealed by Ord. MC-658, passed 4-19-1989)

(A) The existence of graffiti, writings and other inscribed material, other than signs authorized under this code, on public or private property, including on buildings, walls, fences, curbs and other structures, in a place visible to the public, from a public street, alley or other place open to the public, is declared a public nuisance, and the periodic removal thereof is necessary to protect the health, safety and public welfare of the inhabitants of the city.

(B) Whenever any of the public nuisances mentioned in division (A) above exist in the city, the Director of Public Services, or his or her designee, may find and declare the same to be a public nuisance under the provisions of this chapter and may order the abatement of such public nuisance as hereinafter provided. Special priority shall be given to the abatement of any writings or symbols which are offensive to a substantial number or class of citizens, or any graffiti or writing which demeans any individual, or causes or is likely to cause a breach of the peace.

(C) Any owner whose property is found to be or contain a public nuisance by the Director of Public Services shall have the right to request a hearing to determine whether in fact a public nuisance exists as hereinafter provided. The owner may specifically consent to removal, in which event the Director of Public Services is authorized to immediately abate the nuisance.

(Ord. MC-370, passed 5-22-1984)

(A) When the Director of Public Services finds a nuisance, as described in § 8.69.030, to exist, he or she shall cause a “notice to remove graffiti” to be given in regard to all property on which, or abutting that property on which, the nuisance exists. A notice shall be mailed to each property owner as his, her or its name and address appears in the current records of a title company or the tax assessment rolls of the county, or as may be otherwise known. The notice shall contain a date, a description of the property by street designation and any other information deemed appropriate by the Director of Public Services to designate the location from which graffiti, writings or other inscriptions are to be removed. The notice shall be in substantially the following form:

“NOTICE IS HEREBY GIVEN pursuant to Section 8.69.040 of the San Bernardino Municipal Code that the Director of Public Services of the City of San Bernardino has determined that a nuisance exists on or abutting the property described in this Notice, or on the parkway thereof. The nuisance consists of graffiti, writings or other inscriptions, on buildings, walls, fences, curbs or other structures on such property or abutting such property. You must abate or remove this nuisance, by removal or covering of such graffiti, writings or other inscriptions. If you do not remove such nuisance, the nuisance may be removed and abated by the City of San Bernardino, without further notice to you, and for that purpose officers, agents, employees or contractors working under the direction of the Director of Public Services may enter upon your property to abate such nuisance.

Any person objecting to this determination of a nuisance or the proposed removal and abatement of said nuisance shall file a written protest with the City Clerk not later than five days from the date of mailing of this Notice. The City Clerk shall transmit such protest promptly to the Director of Public Services, who shall promptly schedule a date, time and place for hearing, and shall give notice thereof to the protesting property owner or other protester.

The Director of Public Services will personally, or by an official hearing officer designated by him or her, hear any protests and consider any information, evidence or argument concerning the existence of such alleged nuisance, and after having given to the property owner, or his or her representative, the reasonable opportunity to be heard, shall render a decision as to whether a nuisance exists. If a timely protest has been filed, you or your agent may appear at said hearing and be heard and may present and hear evidence concerning the existence of the alleged nuisance and the proposed abatement.

If you desire to have the City remove such nuisance, you may notify the Director of Public Services that you consent to abatement of the nuisance by the City.”

(B) In addition to mailing the notice in the manner and form required herein, such notice may (permissive) be conspicuously posted on or adjacent to the property from which the nuisance is to be abated.

(Ord. MC-370, passed 5-22-1984)

(A) At the time set for hearing, the Director of Public Services, or his or her designee, shall hear and consider all objections or protests to the finding of nuisance and proposed abatement of the nuisance, and may continue the hearing from time to time. The hearing officer shall consider, among other things, whether the expense necessarily incurred in complying with the ordinance and the sanctions imposed for non-compliance are reasonable in relation to the health, safety and public welfare interest being protected; whether the existence of graffiti, writings or other inscriptions in its present location is in fact a public nuisance, and has the effect of diminishing property values of the neighborhood and contributes to community blight; and shall consider the effect of the existence of such graffiti, writings or other inscriptions on a normal person of normal sensibility, and the environment in which the graffiti, writings or other inscriptions exists including, for instance, whether in an urban or rural setting.

(B) The Director of Public Services, or his or her designee, shall not find a nuisance to exist unless such hearing officer finds the existence of an injurious effect upon the public in general. The decision of the Director of Public Services, or his or her designee, is final, subject to the right of the property owner to appeal to the Mayor and City Council pursuant to Chapter 2.64, except that the notice of appeal must be filed within ten days of the hearing, or within ten days of the mailing of notice of the decision by the Director of Public Services, whichever occurs last. If a decision is rendered at the time of the hearing, and a representative of the property owner was present at such hearing, no mailing of the decision shall be required. The decision of the Mayor and City Council, upon any appeal, shall be final and conclusive. Any person failing to protest, as authorized in § 8.69.030, or failing to appeal after the decision of the Director of Public Services shall be deemed to have waived any and all objections, and the Director of Public Services shall be deemed to have acquired jurisdiction to abate the nuisance and have the work of removal performed.

(Ord. MC-370, passed 5-22-1984)

Upon acquiring jurisdiction, the Director of Public Services shall abate the nuisance, and he or she and his or her assistants or deputies, or any person, firm or corporation under contract to do the work, are expressly authorized to enter upon private property for that purpose.

(Ord. MC-370, passed 5-22-1984)

Any property owner shall have the right to have any such nuisance removed or abated at his or her own expense provided the same is done within ten days after the mailing of the “notice to remove graffiti,” as provided in § 8.69.080; provided such abatement is performed to the satisfaction of the Director of Public Services. If additional time is desired in the order to remove the graffiti writings or other inscriptions, a request therefor shall be made to the Director of Public Services, who may grant additional time within which the property owner shall have the right to have any such nuisance removed at his or her own expense. Upon expiration of such additional time, however, if the nuisance is not removed, the Director of Public Services shall be deemed to have acquired jurisdiction to abate the nuisance without further notice or hearing and shall have the authority to proceed to abate the nuisance.

(Ord. MC-370, passed 5-22-1984)

The Director of Public Services shall, upon completion of the graffiti abatement, itemize the costs thereof, including incidental expenses which, if unpaid, shall be assessed against and become a lien upon the property on which the nuisance was abated to be collected at the time and in the manner of the real property taxes by the Tax Collector, pursuant to the procedure set forth in Chapter 3.68. The Director of Public Services shall forthwith initiate proceedings before the Board of Building Commissioners under Chapter 8.30 for determination and collection of the assessment for costs of abatement.

(Ord. MC-658, passed 4-19-1989; Ord. MC-1418, passed 10-5-2015)

Editor’s note:

Ord. MC-1418, passed 10-5-2015 repealed/deleted Chapter 3.68 and stated that any remaining provisions of the municipal code that reference it should now be deemed to instead reference Chapter 8.30, which it also amended.

(A) It is unlawful for any minor to have, in his or her possession, the below described instruments of graffiti while on any public highway, street, alleyway, park, playground, swimming pool, public buildings or any area open to the public, whether such juvenile is or is not in any automobile, vehicle or other conveyance:

(1) Any spray can containing anything other than a solution which can be removed by water after it dries. These include paint, undercoating, spray insulation and others having the same effect.

(2) Any spray can tips, other than those affixed to a spray can not meeting the description of § 8.60.090(A).

(3) Any marker pens containing anything other than a solution which can be removed with water after it dries.

(4) Any container containing anything other than solution that can be removed with water after it dries and which can be used to apply that solution. This includes acrylic paint tubes, oil paint tubes, shoe dyes and bottles and cans of such solutions.

(5) Objects capable of etching glass or ceramic surfaces, including, without limitation, bits, grinding stones, glass cutters, scribes, broken spark plug ceramic, chisels and any solution capable of etching these surfaces when applied including acids and etching baths.

(B) The provisions of this section shall not apply to any person under the age of 18 years who is accompanied by a parent or guardian, or under the supervision of an adult teacher.

(Ord. MC-904, passed 5-18-1994; Ord. MC-1087, passed 9-20-2000)