San Diego County Municipal Code Ch. 1 Graffiti Abatement

---

*Note—Amended by Ord. No. 9970 (N.S.), effective 3-12-09, as Chapter 1, GRAFFITI ABATEMENT. (Provisions previously codified at § 312.101 et seq.)

---

Defacing property with graffiti or other inscribed material is illegal and a violation of the California Penal Code. Allowing graffiti to remain on property where it can be seen by members of the community has a detrimental effect on property values in a community and encourages the placement of more graffiti. The purpose of this chapter is to provide a procedure to promptly remove graffiti to reduce blight and deterioration within the unincorporated areas of the County and to protect the public health and safety. Another purpose of this chapter is for the County to recover it abatement costs when the County removes the graffiti.

(Added by Ord. No. 9505 (N.S.), effective 11-1-02; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

The following definitions shall apply to this chapter:

(a) "Abatement and related administrative costs" has the same meaning as the term "administrative and related administrative costs" in Government Code section 38773.2.

(b) "Director" means the Director of the County Department of Planning and Development Services and any person appointed or hired by the Director to administer or enforce this chapter.

(c) "Graffiti" has the same meaning as the term "graffiti or other inscribed material" in Government Code section 38772(d)(2).

(d) "Legal guardian" means a person who is legally vested with the power and charged with the duty of taking care of a minor.

(e) "Minor has the same meaning as the term "minor" in Government Code section 38772(d)(3).

(f) "Other person" has the same meaning as the term "other person" in Government Code section 38772(d)(3).

(g) "Parent" means a person who is a natural parent, an adoptive parent or a foster parent.

(Added by Ord. No. 9505 (N.S.), effective 11-1-02; amended by Ord. No. 9970 (N.S.), effective 3-12-09; amended by Ord. No. 10224 (N.S.), effective 10-25-12)

The Director is authorized to administer and enforce this chapter.

(Added by Ord. No. 9505 (N.S.), effective 11-1-02; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

Graffiti located on property in the unincorporated area of the County, that is visible from a public or private road or right-of-way or from any other property, is declared to be a public nuisance. It is unlawful for the owner of any property to maintain graffiti or allow graffiti to remain on property in the unincorporated area of the County that is visible from a public or private road or right-of-way or from any other property.

(Added by Ord. No. 9970 (N.S.), effective 3-12-09)

Whenever the Director determines that a public nuisance exists because of graffiti located on property in the unincorporated area of the County, the Director may proceed under the County Public Nuisance Abatement Procedure in sections 16.201 et seq. of this code.

(Added by Ord. No. 9505 (N.S.), effective 11-1-02; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

(a) A County employee or a private contractor retained by the County may enter property subject to the County's jurisdiction and abate graffiti that the Director has determined is a public nuisance. The Director may follow the procedures for abating a public nuisance in sections 16.201 et seq.

(b) As an alternative to abatement, the Director may enter into an agreement with a property owner or lessee in possession, or their respective authorized agent, for the County to remove graffiti at the property owner's or lessee's expense and/or with public funds pursuant to Section 53069.3 of the Government Code. The agreement shall include the property owner or lessee in possession, or their respective authorized agent's consent for the County's entry onto the property for graffiti removal and a waiver of liability in the event of any damage caused by the County in removing graffiti.

(Added by Ord. No. 9970 (N.S.), effective 3-12-09; amended by Ord. No. 10827 (N.S.), effective 2-24-23)

When the Director orders a property owner to remove graffiti or be subject to the County's abatement procedure, the property owner shall remove the graffiti or cover it completely in a manner that renders it inconspicuous. When graffiti is painted over, the color used to paint over the graffiti shall match the original color of the surface or the surface shall be completely repainted with a new color which is aesthetically compatible with existing colors and architecture. The removal shall not leave shadows and shall not follow the pattern of the graffiti such that letters or similar shapes remain apparent on the surface after graffiti markings have been removed. If the surface area is heavily covered with graffiti the entire surface shall be repainted. The Director shall be the sole judge of whether the graffiti has been removed or covered satisfactorily.

(Added by Ord. No. 9505 (N.S.), effective 11-1-02; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

(a) When the Director abates graffiti on property pursuant to this chapter the Director shall follow the cost recovery procedures in sections 16.201 et seq. If the Director elects to place a special assessment against property from which it removed graffiti the Director shall follow the procedures in Government Code section 38773.5, including sending notice to the property owner by certified mail at the time the assessment is imposed. The notice shall state that the property may be sold after three years by the County Tax Collector for unpaid delinquent assessments.

(b) In lieu of placing a special assessment on property to recover its graffiti abatement costs, the Director may enter into an agreement with a property owner to recover the costs.

(c) In lieu of following the cost recovery procedures outlined in (a) and (b), the Director may choose to abate graffiti with the use of public funds pursuant to Section 53069.3 of the Government Code.

(Added by Ord. No. 9505 (N.S.), effective 11-1-02; amended by Ord. No. 9970 (N.S.), effective 3-12-09; amended by Ord. No. 10827 (N.S.), effective 2-24-23)

(a) When the County ascertains the identity of a minor or other person responsible for placing graffiti on property the Director may proceed to abate the nuisance as provided in section 36.106. In that case, however, the Director, pursuant to Government Code section 38773.6, may make the abatement and related administrative costs a special assessment against property owned by the minor or other person or property owned by any parent or legal guardian having custody and control of the minor, by following the procedures in sections 16.212 through 16.216. The assessment shall be collected at the same time and in the same manner as County taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for with County taxes.

(b) If the County determines a minor or other person or the parent or legal guardian of a minor is responsible for the County's abatement and related administrative costs, the Director may bill each person responsible, as provided in section 16.212(b). If the County's bill is not paid within 15 days the County may proceed as provided in sections 16.213 through 16.216.

(c) If the County has previously placed a special assessment against the property owned by the person on whose property the graffiti was placed, the County may remove the special assessment against that property after a special assessment has been placed against the property of a minor or other person or the parent or legal guardian of the minor. If the original property owner has already paid the County for the abatement and related administrative costs, the County shall issue a refund to that property owner for any amount the County recovers from the minor or other person or the parent or legal guardian of the minor.

(d) This section is not intended to limit the County's right or any property owner's right to pursue a legal remedy under Civil Code section 1714(b).

(Added by Ord. No. 9970 (N.S.), effective 3-12-09)