San Dimas Municipal Code Ch. 9.37 Removal of Graffiti

Graffiti on public and private property is a blighting factor which not only depreciates the value of the property which has been the target of such malicious vandalism, but also depreciates the value of the adjacent and surrounding properties, and in so doing, negatively impacts upon the entire community. The city has in the past undertaken to remove graffiti from public property but has been unable to mount a successful program for encouraging the owners of private property to undertake to remove graffiti and other inscribed materials from walls, structures, etc. The last session of the legislature adopted Chapter 330, adding Section 53069.3 to the Government Code and authorizing the city under certain circumstances to provide for the removal of graffiti or other inscribed material. The city council finds and determines that graffiti is obnoxious and unless it and other inscribed material is removed from public and private properties, it tends to remain; and other properties are then the target of graffiti with the result that entire neighborhoods and indeed the community is depreciated in value and made a less desirable place to be. The city council therefore determines that it is appropriate that the city of San Dimas develop procedures to implement the provisions of Section 53069.3 of the Government Code and provide for the removal of graffiti and other inscribed material from both public and private property under the circumstances set forth hereinafter.

Notwithstanding any other provisions of the San Dimas Municipal Code to the contrary, whenever the director of public works determines that graffiti or other inscribed material is so located on public or private property as to be capable of being viewed by a person utilizing any public right-of-way in this city, be this road, parkway, alley, or otherwise, and the owner of the property consents to the removal by the city of the graffiti or other inscribed material and executes such document as the city may provide relative to the removal of the graffiti or other inscribed material, then the director of public works is authorized to provide for the removal of the graffiti or other inscribed material. If the director of public works provides for the removal of the graffiti or other inscribed material, he shall not authorize nor undertake to provide for the painting or repair of any more extensive area than that where the graffiti or other inscribed material is located.

(Ord. 564, 1977)

A. The abatement and related administrative costs incurred by the city in abating any nuisance resulting from the defacement of property by graffiti or any other inscribed material shall be:

1. A personal obligation of any minor creating, causing, or committing the nuisance; and/or

2. A personal obligation of the parent or guardian having custody and control of that minor; and/or

3. A special assessment against any parcel of land owned by that minor; and/or

4. A special assessment against any parcel of land owned by the parent or guardian having custody and control of that minor.

B. If the abatement and related administrative costs incurred by the city in abating any nuisance resulting from graffiti or any other inscribed material are to be imposed as a special assessment against a parcel of land owned by the minor or parent or guardian of the minor, the building official shall render an itemized report in writing to the city council showing such costs. A copy of said report, together with a notice of the time when said report shall be heard by the council for confirmation, shall be served upon the owner of the property which is to be so assessed in the manner provided by Section 8.16.050 of this code at least five days prior to submitting the same to the city council. Proof of said service shall be made by affidavit or declaration placed in the city file. Thereafter, the procedures for determining, imposing, and collecting a special assessment pursuant to subsection A of this section shall be those set forth in Sections 8.16.110 and 8.16.120 of this code.

C. For purposes of this section, the following terms shall have the meanings set forth in this subsection:

"Abatement and related administrative costs"

means and includes, but is not limited to, court costs, attorney's fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the city in identifying and apprehending the minor.

"Graffiti or other inscribed material"

means any unauthorized inscription, word, figure, mark or design that is written, marked, etched, scratched, drawn or painted on any real or personal property.

"Minor"

means a minor who has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code, or a minor convicted by final judgment of a violation of Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code, or a minor declared a ward of the Juvenile Court pursuant to Section 602 of the Welfare and Institutions Code by reason of the commission of an act prohibited by Section 594, 594.5, 640.5, 640.6, or 640.7 of the Penal Code.

D. This section shall not be deemed to preclude recovery of the costs of abating a nuisance resulting from graffiti from any other person who may be responsible for such costs under law.

(Ord. 1019 § 1, 1995)