San Clemente Municipal Code Ch. 8.32 Graffiti Control

The purpose of this chapter is to provide a program for removal of graffiti from walls and structures on both public and private property and to provide regulations designed to prevent and control the further spread of graffiti in the City. The increase of graffiti on both public and private buildings, structures and places is creating a condition of blight within the City which results in a deterioration of property and business values for adjacent and surrounding properties all to the detriment of 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 and to prevent the further spread of graffiti.

(Prior code § 16B-1)

For the purposes of this chapter, "graffiti" means the unauthorized spraying of paint or marking of ink, chalk, dye or other similar substances on public and private buildings, structures and places.

(Prior code § 16B-2)

It is unlawful for any person to paint, chalk, or otherwise apply graffiti on public or privately owned permanent structures located on public or privately owned real property within the City.

(Prior code § 16B-3)

The following regulation shall apply to the sale and possession of pressurized paint cans in the City:

A. No person shall sell any pressurized can containing any substance commonly known as paint or dye to anyone under the age of eighteen (18) years and no person under the age of eighteen (18) years shall purchase any pressurized can containing paint or dye.

B. No person shall have in his or her possession any pressurized can containing any substance commonly known as paint or dye while in any public park, playground, swimming pool or recreational facility in the City. This section shall not apply to authorized employees of the City or an individual or authorized employee of any individual, agency or company under contract with the City.

(Prior code § 16B-4)

Graffiti may be removed by application of any of the following methods:

A. Any person applying graffiti within the City shall have the duty to remove the same within twenty-four (24) hours after notice by the City or the public or private owner of the property involved. Failure of any person to so remove graffiti shall constitute an additional violation of this chapter. Where graffiti is applied by juveniles, the parent or parents shall be responsible for such removal or for the payment therefor.

B. Whenever the Chief of Police or his/her designated representative determines that graffiti is so located on public or privately owned structures on public or privately owned real property within this City so as to be capable of being viewed by a person utilizing any public right-of-way in this City, the Police Chief, or his/her designated representative, is authorized, upon City Council approval, to provide for the removal of the graffiti solely at the City's expense, without reimbursement from the property owner upon whose property the graffiti has been applied, upon the following conditions:

1. In removing the graffiti the painting or repair of a more extensive area shall not be authorized.

2. When a structure is owned by a public entity other than this City, the removal of the graffiti may be authorized only after securing the consent of the public entity having jurisdiction over the structure.

3. Where a structure is privately owned, the removal of the graffiti by City forces or by a private contractor under the direction of the City, may be authorized only after securing the consent of the owner.

C. Graffiti located on privately owned structures on privately owned real property within the City so as to be capable of being viewed by a person utilizing any public right-of-way in this City may be removed by the City at the owner's expense as a public nuisance pursuant to the following provisions:

1. Whenever the Chief of Police or his/her designated representative is apprised of the presence of graffiti located on privately owned real property within the City, the Chief of Police or his/her designated representative may cause a written notice to be served upon the owner of the affected premises as such owner's name and address appears on the last equalized assessment roll by depositing a copy of the notice in the U.S. Postal Service enclosed in a sealed envelope and with the postage thereon fully prepaid. The mail shall be registered or certified and addressed to the owner at the last known address of the owner, and if there is no known address, then in care of the property address. The service is complete at the time of such deposit. "Owner," as used in this chapter, means any person in possession and also any person having or claiming to have any legal or equitable interest in the premises as described by a preliminary title search from any accredited title company. The failure of any person to receive such notice shall not affect the validity of any proceeding hereunder. The property owner shall have seven (7) days after the date of the notice to remove the graffiti or be subject to City removal of the graffiti and assessment of the costs of such removal as a lien on the subject property. The notice shall be substantially in the following form:

NOTICE OF INTENT TO REMOVE GRAFFITI

Date:

NOTICE IS HEREBY GIVEN that you are required at your expense to remove or paint over the graffiti located on the property commonly known as _______, San Clemente, California, which is visible to public view within seven (7) days after the date of this notice; or if you fail to do so, then City employees or private City contractors will enter upon your property and abate the public nuisance by removal or painting over of 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 Chief of Police for the City of San Clemente or his/her designated representative within seven (7) days from the date of this notice. At the conclusion of this seven (7) day period the City may proceed with the abatement of the graffiti inscribed on your property at your expense without further notice.

The service of this notice shall be made on the day the notice is dated and by affidavit filed with the city clerk.

2. A like notice shall also be posted at a conspicuous place on the premises upon which the graffiti is inscribed. The posting of this notice shall be made on the day the notice is dated and by affidavit filed with the City Clerk.

3. If the owner fails to remove or cause the graffiti to be removed by the designated date, or such continued date thereafter as the Chief of Police or his/her designated representative approves, then the Chief of Police or his/her designated representative shall so notify the City Manager and the City Manager shall 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 purpose.

4. Should the City be required to abate the graffiti as a public nuisance it shall follow the procedures set forth in Sections 8.52.120, 8.52.130 and 8.52.140 of this code, regarding recording of the costs of abatement, hearings before the City Council on the costs of abatement, and assessment of the costs of such abatement against the property as a lien, and those provisions and regulations of Chapter 8.52 of this code shall apply with full force and effect to this chapter. However, the notice of lien for purposes of this chapter shall be in form substantially as follows:

NOTICE OF LIEN

(Claim of City of San Clemente)

Pursuant to the authority vested by the provisions of Section 8.32.040 of the San Clemente Municipal Code, the City Manager of the City of San Clemente 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 San Clemente 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 San Clemente does hereby claim a lien on such costs of abatement in the amount of said assessment, to wit: the sum of _____ dollars; 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 lying and being in the City of San Clemente, County of Orange, State of California and particularly described as follows:

(Description)

DATED this _____ day of________, 19___.

___________

City Manager of the

City of San Clemente, California

(Prior code § 16B-5)

Nothing in this chapter shall be deemed to prevent the City Council from ordering the City Attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable California Civil or Penal Code provisions, or from proceeding to abate the public nuisance pursuant to Chapter 8.52 as an alternative to the proceeding set forth in this chapter. If the City elects at the initiation of a public nuisance action brought under this chapter to seek the recovery of attorney's fees, the prevailing party in any such action shall be entitled to recover all of its reasonable costs and expenses incurred with respect to said action, including without limitation its costs of investigation and discovery, attorney's fees, and expert witness fees.

(Ord. 1300 § 6, 2005: prior code § 16B-6)

(Ord. No. 1501, § 5, 3-16-2010)