Chapter 9.58

GRAFFITI ABATEMENT

Parts:

• 1 Definitions

• 2 Graffiti Abatement

• 3 Collection of Abatement Costs

• 4 Collection of Abatement Costs Through Juvenile Court

• 5 Additional Remedies

Part 1

DEFINITIONS

Sections:

The definitions set forth in this part shall govern the application and interpretation of this chapter, except as otherwise specifically set forth. (Ord. 25118.)

"Director" means the city manager or the director of the department authorized or designated by the city manager to administer and enforce the provisions of this chapter. (Ord. 25118.)

"Graffiti" includes any unauthorized inscription, word, figure, mark, design or other inscribed material that is written, marked, etched, scratched, drawn, or painted on any real or personal property. (Ord. 25118.)

"Graffiti abatement costs and expenses" includes the following costs and expenses incurred by the city in abating graffiti:

• A. The costs and expenses of having graffiti removed from the defaced property; and

• B. The costs and expenses of having the defaced property repaired or replaced when the city determines that removal of the graffiti would not be cost effective; and

• C. The law enforcement costs and expenses incurred in identifying and apprehending a responsible party; and

• D. The related administrative, overhead, and incidental costs incurred in performing

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or causing the performance of the enforcement, abatement or collection procedures described in this chapter; and

E. Related court costs and attorneys' fees. (Ord. 25118.)

The placement of graffiti on the real or personal property is hereby declared to be a public nuisance that may be abated pursuant to this part. (Ord. 25118.)

• A. "Responsible party" means any person, including a minor, who has been determined to have placed graffiti on the real or personal property of another person.

• B. "Responsible party" includes 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 who has been convicted by final judgment of a violation of Section 594, 594.3, 640.5, 640.6 or 640.7 of the Penal Code, or who has been 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, 594.3, 640.5, 640.6 or 640.7 of the Penal Code, or who has been determined to have been responsible for graffiti by the hearing board designated under Part 3 of this chapter, in connection with a particular property.

• C. The parents or guardians having custody and control of a minor who is a responsible party also are responsible parties for the purposes of this chapter.

• (Ord. 25118.)

Part 2

GRAFFITI ABATEMENT

Sections:

• 9.58.060 Public nuisance.

• 9.58.070 Abatement.

• 9.58.080 Property owner consent.

• A. The director may remove or authorize the removal of graffiti from publicly or privately owned real or personal property.

• B. The director may replace or repair or authorize the replacement or repair of publicly or privately owned real or personal property that has been defaced with graffiti when the director determines that the graffiti cannot be removed cost effectively.

• C. The director may not authorize the painting, repair or replacement of other parts of property that were not defaced with graffiti pursuant to this part.

• (Ord. 25118.)

• A. The director shall obtain the consent of the public entity having jurisdiction over publicly owned, defaced real or personal property prior to the commencement of any removal, repair or replacement work under this part.

• B. The director shall obtain the consent of the owner or possessor of privately owned, defaced real or personal property prior to the commencement of any removal, repair or replacement work under this part.

• (Ord. 25118.)

Part 3

COLLECTION OF ABATEMENT COSTS

Sections:

• 9.58.090 Hearing board.

• 9.58.100 Identification of responsible party.

• 9.58.110 Joint and several liability.

• 9.58.120 Responsibility for graffiti abatement costs and expenses.

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• 9.58.140 Payment.

• 9.58.150 Late charge.

• 9.58.160 Failure to pay.

All responsible parties for graffiti in a particular property shall be jointly and severally liable for the graffiti abatement costs and expenses. (Ord. 25118.)

• 9.58.170 Request for hearing.

• 9.58.180 Director's report.

• 9.58.190 Notice of report.

• 9.58.200 Confirmation hearing.

• 9.58.210 Filing of report.

• 9.58.220 Special collection.

• 9.58.230 Collection and penalty for delinquency.

• 9.58.240 Recordation.

• 9.58.250 Payment of graffiti abatement costs and expenses.

• 9.58.260 Refunds.

For the purposes of this part, "hearing board" means the appeals hearing board. (Ord. 25118.)

• A. The director is authorized to receive any report or materials containing the names and addresses of responsible parties to the fullest extent allowed by law.

• B. This authority includes without limitation the authority to receive a report from a county probation officer containing the names and addresses of parents or guardians having custody and control of minors who are responsible parties pursuant to California Government Code Section 38772(c), as this provision may be amended from time to time.

• C. The director may apply to the juvenile court for the release of the names and addresses of responsible parties who are minors.

• (Ord. 25118.)

Any responsible party must pay for the graffiti abatement costs and expenses for which he or she is liable pursuant to this chapter. (Ord. 25118.)

The director shall send an invoice for graffiti abatement costs and expenses to a responsible party. The invoice for graffiti abatement costs and expenses shall contain:

• A. The address or location of the defaced real property and a description and the location of the defaced personal property, sufficient to identify the defaced property; and

• B. A summary of the graffiti abatement actions performed; and

• C. A listing of the graffiti abatement costs and expenses incurred; and

• D. The identity of the responsible party and the basis of that determination; and

• E. A description of the payment process, including the time within which and the place to which the graffiti abatement costs and expenses shall be paid; and

• F. A statement advising that the graffiti abatement costs and expenses shall be a personal obligation of the responsible party; and

• G. A statement advising that the city may pursue a special collection process for the graffiti abatement costs and expenses against real property owned by the responsible party; and

• H. A description of the process by which a responsible party may protest the deter-

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mination that he or she is a responsible party or the amount of the graffiti abatement costs and expenses.

• (Ord. 25118.)

• A. The invoice for graffiti abatement costs and expenses shall be paid to the city within thirty days from the date of the invoice, subject to Section 9.58.170.

• B. Any payment of an invoice for graffiti abatement costs and expenses not received by the city within thirty days from the date of the invoice shall be deemed delinquent and subject to a late charge and special collection procedures set forth in this part, subject to Section 9.58.170.

• (Ord. 25118.)

• A. If any payment of an invoice for graffiti abatement costs and expenses becomes delinquent, a late charge equal to twenty percent of the original invoice amount shall be added to the original invoice amount and shall be due and payable to the city in addition to the original invoice amount.

• B. If the entire amount of an invoice for graffiti abatement costs and expenses, including any late charge, has not been paid to the city prior to the filing of a special collection as provided in this part, the late charge shall be included in the amount of the special collection.

• (Ord. 25118.)

A failure to pay an invoice for graffiti abatement costs and expenses may be enforced and collected as a personal obligation of a responsible party or through a special collection pursuant to this part.

• (Ord. 25118.)

• A. A person who receives an invoice for graffiti abatement costs and expenses may protest the

determination that he or she is a responsible party or the amount of the graffiti abatement costs and expenses by filing with the director of finance within thirty days from the date of the invoice a request for hearing on a form provided by the director.

• B. The due date for the payment of an invoice for graffiti abatement costs and expenses pursuant to Section 9.58.140 shall be tolled from the date that a request for hearing is timely filed with the director of finance to the date of the decision of the hearing board on the protest.

• (Ord. 25118.)

• A. The director of finance shall notify the director of a failure to pay an invoice for graffiti abatement costs and expenses and of all requests for hearing that have been timely filed with the director of finance.

• B. Upon this notification from the director of finance, the director shall prepare a written report on the unpaid invoices for graffiti abatement costs and expenses for which a request for hearing has been filed and on the unpaid invoices for graffiti abatement costs and expenses for which the director intends to recommend the institution of a special collection against real property owned by a responsible party pursuant to this part. The director's report shall include the following information:

  1. The graffiti abatement costs and expenses incurred for each defaced property; and

  2. The amount of any late charge; and

  3. The address or location of each defaced real property; and

  4. A description and the location of each defaced personal property; and

  5. The identity of the responsible party for each defaced property and the basis of that determination; and

  6. The address of real property owned by the responsible party and against which

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the director intends to recommend the institution of a special collection pursuant to this part; and

7. An estimate of the additional administrative costs that will be incurred by the city to prepare for and attend a public hearing before the hearing board for each invoice for graffiti abatement costs and expenses; and

8. Any other information that the director determines is appropriate.

• (Ord. 25118.)

• C. The hearing board may assess administrative costs of the city against a responsible party when the hearing board confirms the director's report that the person is a responsible party and liable for graffiti abatement costs and expenses.

• D. The hearing board shall confirm or reject the director's report, as may be modified or amended, by resolution.

• E. The failure of any responsible party to appear at the public hearing shall constitute a failure to exhaust administrative remedies.

• (Ord. 25118.)

• A. The director shall present the director's report at a public hearing before the hearing board on invoices for graffiti abatement costs and expenses for which a request for hearing was timely filed or for special collection against real property owned by the responsible party.

• B. The director shall cause a notice of the date, time and place of the public hearing on the director's report along with a copy of the director's report to be served upon the responsible party not less than ten days prior to the date of that public hearing.

• C. If the address of a responsible party cannot be located after a diligent search, this notice may be served by posting a copy of the notice in a conspicuous location upon the real property of the responsible party against which a special collection is recommended for a period of not less than ten days prior to the date of the public hearing.

• (Ord. 25118.)

• A. At the time and place fixed for the public hearing on the director's report, the hearing board shall hear and consider all testimony, protests and objections related to the director's report.

• B. The hearing board may modify or amend the director's report as the hearing board deems necessary, appropriate or just.

After the hearing board adopts a resolution confirming the director's report, a copy of the director's report as confirmed by the hearing board shall be provided to the director of finance. The director of finance shall file a certified copy of the confirmed director's report on properties against which the hearing board upheld a special collection with Santa Clara County tax assessor or other appropriate county official in the manner required by the county and shall request the county to enter each amount on the tax assessor's tax roll for each affected real property. (Ord. 25118.)

The graffiti abatement costs and expenses incurred for each parcel of real property, as listed on the director's report confirmed by the hearing board, shall constitute a special collection. A special collection shall include a special assessment against the real property of the responsible party pursuant to California Government Code Section 38773.6. (Ord. 25118.)

• A. The amount of the special collection shall be collected at the same time and in the same manner as ordinary municipal taxes. If any payment of the special collection is delinquent, the amount due shall be subject to the

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same penalties and procedures for foreclosure and sale as provided for ordinary municipal taxes.

• B. As an alternative collection method, the county may collect the special collection without reference to ordinary municipal taxes by issuing a separate bill and receipt for the special collection.

• (Ord. 25118.)

The director may record a copy of the resolution of the hearing board confirming the director's report on the special collections with the Santa Clara county recorder's office. (Ord. 25118.)

The director may, at any time, receive the amounts due for special collections of graffiti abatement costs and expenses and issue receipts for those amounts at any time after confirmation of the director's report by the hearing board and prior to August 1 of the calendar year in which that director's report was confirmed. (Ord. 25118.)

The director may order a refund of all or any part of a special collection paid pursuant to this part if the director finds that all or part of the special collection has been erroneously demanded or collected. All or part of a special collection shall not be refunded unless a written claim for a refund is filed with the director on or before March 1 immediately after the special collection became due and payable. The claim shall be verified by the person who paid the special collection or his or her parent or guardian, executor or administrator. (Ord. 25118.)

Part 4

COLLECTION OF ABATEMENT COSTS THROUGH JUVENILE COURT

Sections:

• 9.58.280 Minor.

• 9.58.290 Updates to cost findings.

• 9.58.300 Authority of county probation officer.

• 9.58.310 Transmission of information.

For purposes of this part only, "graffiti abatement costs and expenses" means:

• A. The average law enforcement costs incurred in identifying and apprehending a minor; and

• B. The average costs incurred in removing graffiti; and

• C. The average costs incurred in repairing and replacing property of a type frequently defaced with graffiti.

• (Ord. 25118.)

For purposes of this part only, "minor" means any minor convicted of or found to be a person described by Section 602 of the California Welfare and Institutions Code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6 or 640.7 of the California Penal Code in connection with a particular property. (Ord. 25118.)

• A. The director shall review and update the city's graffiti abatement costs and expenses at least once every three years to ensure their adequacy and shall recommend any updates to the amounts of graffiti abatement costs and expenses to the city council.

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• B. The city council shall establish any updated graffiti abatement costs and expenses by council resolution.

• C. Immediately after the adoption of each council resolution establishing graffiti abatement costs and expenses, the city clerk shall cause a certified copy of the council resolution to be forwarded to the clerk of the Santa Clara county juvenile court and the Santa Clara county probation officer.

• (Ord. 25118.)

The Santa Clara county probation officer is hereby authorized to collect from the minor, the minor's estate or the minor's parent or parents on behalf of the city and to promptly transfer to the city, the city's costs incurred for graffiti abatement through juvenile court proceedings pursuant to the Graffiti Removal and Damage Recovery Program (California Welfare and Institutions Code Sections 742.10 et seq.) and the provisions of this part. (Ord. 25118.)

the city in addition to and do not in any way limit, preclude or restrict any other right, remedy or action otherwise available to the city. (Ord. 25118.)