Santa Clara County Municipal Code Ch. I General Provisions

The Board of Supervisors finds that graffiti on public and private property in the County constitutes a threat to public health, safety and welfare, in that the presence of graffiti is detrimental to property values, degrades the quality of life in the community, is often connected to gang activity and may therefore lead to an increase in crime, and, if not promptly removed, invites further vandalism.

The purpose of this division is to prevent the spread of graffiti and to establish mechanisms for its removal from property within the unincorporated area of the County, and for recovery of County costs associated with such removal.

(Ord. No. NS-300.872, § 1, 8-5-14)

As used in this division, the following terms shall have the meaning set forth in this section:

(a) Director means the Director of the Department of Planning and Development or his/her authorized designee.

(b) Graffiti means any unauthorized inscription, writing, lettering, word, figure, mark, design or other inscribed material that is written, marked, etched, scratched, drawn, painted or otherwise posted, pasted or affixed on real or personal property, whether public or private. "Unauthorized" means either without the prior consent of the property owner, or in violation of any law or regulation.

(c) Graffiti abatement costs and expenses includes the following costs and expenses incurred by the County in abating graffiti:

(i) The costs and expenses of removing graffiti from defaced property; and/or

(ii) The costs and expenses of repairing or replacing the defaced property when the County determines that removal of the graffiti would not be cost effective; and/or

(iii) The related administrative, overhead, direct or incidental costs incurred in performing or causing the performance of the enforcement, abatement or collection procedures described in this division.

(Ord. No. NS-300.872, § 1, 8-5-14)

A Graffiti Clean Up Program is hereby established and shall be administered by the Director. The program shall include the following components:

(a) Community education regarding the prevention of graffiti;

(b) Administration of graffiti removal on public and private property; and

(c) Enforcement of the provisions of this division.

(Ord. No. NS-300.872, § 1, 8-5-14)

The Board of Supervisors of the County of Santa Clara hereby declares that graffiti visible from a public right-of-way, or other public property, is a public nuisance which may be abated pursuant to the procedures set forth in this division.

(Ord. No. NS-300.872, § 1, 8-5-14)

It is unlawful for any person owning, leasing or otherwise in control of any real property within the unincorporated area of the County to allow or permit any graffiti to remain on any real property within the unincorporated area of the County to allow or permit any graffiti to remain on any permanent structure located on such property for more than ten days after receiving the notice described in Section B27-9, when the graffiti is visible from the street or other public property.

(Ord. No. NS-300.872, § 1, 8-5-14)

(a) The Director may remove or authorize the removal of graffiti from publicly or privately owned real or personal property located within the unincorporated areas of the County and which is visible from any public right-of-way or any other public property. Such removal shall be at the County's expense, unless the County elects to recover the graffiti abatements costs from the owner of the property, in accordance with other provisions of this division. The owner of such property will be encouraged to perform the removal from his/her own resources.

(b) The Director may 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, pursuant to this section, authorize the painting, repair or replacement of other parts of property that were not defaced with graffiti.

(d) Prior to commencing the removal of graffiti, and/or repair or replacement pursuant to this section, the Director shall obtain the consent of the owner of the defaced real or personal property, and such owner shall first execute a release and right of entry form permitting the graffiti removal.

(Ord. No. NS-300.872, § 1, 8-5-14)

The remedies and procedures set forth in this division shall be cumulative to, and shall not foreclose the application of, any other existing legal remedies available.

(Ord. No. NS-300.872, § 1, 8-5-14)