San Ramon Municipal Code Ch. XIII Graffiti Control

Contents: B7-253. - "Graffiti" defined.

City of San Ramon, CA | Municipal Code 271

B7-268 and B7-269. - Reserved.

B7-253. - "Graffiti" defined.

For purposes of this chapter, "graffiti" means the unauthorized spraying of paint or marking of ink, chalk, dye or other similar substances on public or privately owned permanent structures located on public or privately owned real property within the city. (Ord. 249 § 2 (part), 1994)

It is unlawful for any person to paint, chalk, or otherwise apply graffiti on public or privately owned structures, walls and/or fences located on public or privately owned real property within the city. (Ord. 249 § 2 (part), 1994)

Any person applying graffiti within the city shall have the duty to remove the same within twenty-four 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 minors, the parent, parents, guardian or guardians shall be responsible for such removal or for the payment therefor. (Ord. 249 § 2 (part), 1994)

Whenever the public services director or his or her designated representative determines that graffiti is so located on public or privately owned structures, walls and/or fences on public or private real property within this city so as to be capable of being viewed by persons utilizing any public right-of-way or walkway open to the public in this city, the public services director or his or her designated representative is authorized, within city council budgetary constraints, 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: A. In removing the graffiti the painting or repair of a more extensive area shall not be authorized. B. Where a structure, wall or fence is owned by a public entity or other than the city, the removal of the graffiti may be authorized only after securing the consent of the public entity having jurisdiction over the property. C. 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. (Ord. 249 § 2 (part), 1994)

B7-257 and B7-258. - Reserved.

City of San Ramon, CA | Municipal Code 272

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 or walkway open to the public in this city may be removed by the city at the owner's expense as a public nuisance pursuant to the provisions of Sections B7-260 to B7-266. This section shall apply only where the public services director finds special circumstances are present. Special circumstances include: (1) The owner has persuaded or allowed or encourages the graffiti problem. Evidence thereof includes such things as: the owner has permitted the property to become unoccupied or has allowed uses conducive to the graffiti problem to take place on the property; the property has an abandoned appearance; adequate security measures are not taken; (2) Failure to consent to removal of the graffiti. (Ord. 249 § 2 (part), 1994)

Whenever the public services director or his/her designated representative is apprised of the presence of graffiti located on privately owned real property within the city, the public services director 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 pre-paid. The mail shall be registered or certified and addressed to said owner at the last known address. The service is complete at the time of such deposit in the United States Postal Service. "Owner," as used herein, means any person in possession and also any person having or claiming to have any legal or equitable interest in said 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 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. (Ord. 249 § 2 (part), 1994)

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 Ramon, CA, 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 Director of Public Services for the City 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.

(Ord. 249 § 2 (part), 1994)

B7-262 and B7-263. - Reserved. City of San Ramon, CA | Municipal Code 273

The service of this notice shall be made on the day the notice is dated and by affidavit filed with the city clerk. 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. (Ord. 249 § 2 (part), 1994)

If the owner fails to remove or cause the graffiti to be removed by the designated date, or such continued date thereafter as the director of public services or his/her designated representative approves, then the public services director or his/her designated representative shall so notify the city manager and the city manager shall cause the graffiti to be abated by city employees or private contract, and the city or its private contractor is expressly authorized to enter upon the premises for such purpose. (Ord. 249 § 2 (part), 1994)

Should the city be required to abate the graffiti as public nuisance, it shall follow the procedures set forth in Article 3, Chapter VI, Division 6, TITLE B, Sections B6-161 through B6-189 regarding recording the costs of abatement, hearing before the 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 VI, Division 6, TITLE B shall apply with full force and effect to this article. However, the notice of lien for purposes of this article shall be in form substantially as follows: NOTICE OF LIEN (Claim of City of San Ramon) Pursuant to the authority vested by the provisions of Sections B7-253 through B7-269 of the San Ramon Municipal Code, the City Manager of the City of San Ramon 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 Ramon 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 Ramon does hereby claim a lien on such costs of abatement in the amount of said assessment, to wit: the sum of $_______; 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 Ramon, State of California, and more particularly described as follows: (description) DATED this day of _____, 19.

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City Manger of the City of San Ramon

(Ord. 249 § 2 (part), 1994)

City of San Ramon, CA | Municipal Code 274

Violation of any provision of this chapter shall be in infraction. (Ord. 249 § 2 (part), 1994)

B7-268 and B7-269. - Reserved.