Chapter 3.48 — GRAFFITI

The purpose of this chapter is to provide a program for removal of graffiti in a timely manner from walls and structures on both public and private property in the unincorporated area San Mateo County and to provide regulation designed to prevent and control the further spread of graffiti in the unincorporated area of San Mateo County.

(Prior code § 3200; Ord. 3515, 10/26/93; Ord. 3568, 05/10/94; Ord. 3624, 1/24/95)

For the purposes of this chapter, "graffiti" shall mean any defacing of public or private buildings, structures or places, unauthorized by the owner or other person in control of the property, through any inscription, word, figure or design that is marked, etched, scratched, drawn or painted using application of paint, ink, chalk, dye or any other similar substance.

(Prior code § 3201; Ord. 3515, 10/26/93; Ord. 3568, 05/10/94)

(a)

No person shall place or cause to be placed graffiti upon any publicly or privately owned permanent building or structure within unincorporated area of San Mateo County.

(b)

No person owning or otherwise in control of any real property within the unincorporated area of the County shall allow or permit any graffiti to remain on, for a period in excess of that prescribed by this chapter for notice and removal of graffiti, any permanent structure located on such property when the graffiti is visible from the street or other public or private property.

(Prior code § 3202; Ord. 3515, 10/26/93; Ord. 3568, 05/10/94; Ord. 3624, 1/24/95)

(a)

Whenever the Sheriff or designee, or the Director of Public Works or designee, determines that graffiti exists on any permanent structure in the unincorporated area of San Mateo County which is visible from the street or other public or private property, the Sheriff or Director shall cause a notice to be served on the property owner demanding abatement of the graffiti as provided by this section.

(b)

The notice shall be served on the owner(s) of the affected property, as such owner's name and address appear on the last equalized property tax assessment rolls of the County of San Mateo. The notice shall be served by either personal delivery or certified or first class mail. In addition, where the property is known to be occupied by other than the record owner, a copy of the notice shall be sent by certified or first class mail to the occupant at the property address or posted on the affected property.

(c)

The notice shall inform the property owner that the graffiti exists and must be immediately abated. The notice shall request that, within ten days of personal delivery or mailing of the notice, the owner either abate the graffiti or sign and return a consent form authorizing the County to enter the property and abate the graffiti, at County expense, by cleaning, painting or otherwise removing the graffiti. The consent form to be signed by the owner shall be prepared by the County and served with the notice to abate.

(d)

If the property owner consents to removal by the County, as provided by subsection (c) of this section, the Sheriff or the Director of Public Works may enter and abate the graffiti by County forces, volunteer labor, private contractor, or other means.

(Prior code § 3203; Ord. 3515, 10/26/93; Ord. 3568, 05/10/94; Ord. 3624, 01/24/95; Ord. 4405, 01/08/08)

(a)

In the event the property owner receiving notice under section 3.48.030 fails to either abate the graffiti or consent to abatement by the County, within the ten day period, the County may proceed to abate the graffiti under any applicable nuisance abatement procedure including, but not limited to, the nuisance abatement procedures provided in sections 1.12.010 through 1.12.040 of the San Mateo County Ordinance Code, to include assessment of the costs of abatement against the owner and placement of an abatement lien. If the County anticipates that these abatement procedures will be used, any notice required by section

notice period is required prior to abatement by the County. County employees, agents and volunteer and other work crews supervised by the County and private contractors of the County are expressly authorized to enter private property for purposes of abating graffiti under any nuisance abatement procedure.

(b)

Where graffiti has been abated by the County due to the refusal or failure of the property owner to either remove the graffiti or to allow the County to remove the graffiti, the owner shall reimburse the County for the actual cost of the removal of the graffiti. If the statute or ordinance under which the County proceeds with abatement does not specify the costs to be included, such costs shall include labor, material, inspection and reasonable administrative costs.

(Prior code § 3204; Ord. 3515, 10/26/93; Ord. 3568, 05/10/94)

Graffiti found on property owned by a public entity other than the County may be removed after securing consent from the public agency having jurisdiction over the structure or real property on which the graffiti is located. The costs for such removal shall be paid as agreed between the other public agency and the County.

(Prior code § 3205; Ord. 3515, 10/26/93; Ord. 3568, 05/10/94)

(a)

Any person found guilty of applying graffiti in violation of section 3.48.030, shall reimburse the County or the property owner for any and all costs the owner or the County may incur in removing graffiti under this chapter. If the violator is a minor, the parent or guardian shall be responsible for such reimbursement. Such reimbursement shall be in addition to any other civil or criminal penalties authorized by law to be imposed.

(b)

Any person who fails to comply with any order of abatement or who violates any other provision of this chapter is guilty of an infraction, punishable as set forth in section 1.12.070 of this Code.

(c)

Any person who obstructs, impedes or interferes with any representative of the County or any property owner when engaged in proceedings involving abatement of graffiti under this chapter is guilty of an infraction, punishable as set forth in section 1.12.070 of this Code.

(Prior code § 3206; Ord. 3515, 10/26/93; Ord. 3568, 05/10/94)

Nothing in this chapter shall be deemed to prevent the County Counsel or District Attorney from commencing a civil or criminal proceeding or action to abate a public nuisance under any other applicable law. The remedies provided for herein shall be cumulative and not exclusive.

(Prior code § 3207; Ord. 3515, 10/26/93; Ord. 3568, 05/10/94)