Santa Fe Springs Municipal Code Ch. 132 Offenses Against Property

Footnotes:

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Cross reference— Nuisances in general, see Ch. 95

No person shall deface, write upon or draw upon any real or personal property not his or her own without the consent of the owner of such property.

('64 Code, § 15-40.1; Ord. 594, passed 11-26-80)

Cross reference— Penalty, see § 10.97

(A) No person shall maliciously cut, tear, deface, break, mark or injure any book, magazine, periodical, map, picture, record, tape, film, engraving, statue, apparatus or other work of literature, art or mechanics in or on exhibit in or owned by any public library in the city.

(B) No person shall willfully take or retain any book, magazine, newspaper, pamphlet, map, chart, picture, record, tape or film or other work of literature, art or mechanics belonging to any public library in the city without permission and authority of the librarian of the city and contrary to the rules and regulations of the city library.

('64 Code, § 15-41; Ord. 387, passed 9-24-70)

Cross reference— Penalty, see § 10.97

(A) No person shall retain any book, newspaper, magazine, pamphlet, manuscript or other personal property belonging in or to the public library of the city for a period exceeding 30 days after notification by mail to the borrower's address on file with such library given after the expiration of the time during which, by the rules and regulations of the public library, such book, newspaper, magazine, pamphlet, manuscript or other personal property may be kept, which notice so mailed shall bear on its face or have attached thereto a reference to this section of this code.

(B) Violation of this section shall be deemed an infraction.

('64 Code, § 15-42(a); Ord. 387, passed 9-24-70)

Cross reference— Penalty, see § 10.97

The purposes and intent of this subchapter are as follows:

(A) Abandoned shopping carts located outside the premises or parking areas of retail establishments and on public or private properties and viewable from the public rights-of-way are injurious to the public health, safety, and welfare and constitute a public nuisance. This nuisance is caused by persons unlawfully removing shopping carts from the premises or parking areas of retail establishments, by certain retail establishments failing to maintain adequate supervision of their premises and parking areas and failing to implement effective cart removal prevention programs or cart retrieval programs. The purpose of this subchapter is to establish reasonable regulations for the collection and impound of abandoned shopping carts and to supplement provisions of state law regarding the unauthorized removal of shopping carts from the premises and parking areas of retail establishments. To define as public nuisances and violations those conditions and uses of land that are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjacent property or premises, and/or hazardous or injurious to the health, safety, or welfare of the general public.

(B) This subchapter is not intended to be applied, construed or given effect in a manner that imposes upon the city, or upon any officer or employee thereof, any duty towards persons or property within the city or outside of the city that creates a basis for civil liability for damages, except as otherwise imposed by law.

(Ord. 996, passed 1-22-09)

For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Authorized Contractor. A private company providing shopping cart retrieval services, as designated by the City Council.

City. The City of Santa Fe Springs or its designated representatives.

Owner-Identified Shopping Cart. A shopping cart that has a permanently affixed sign that, in accordance with § 22435.1 of the Cal. Bus. and Prof. Code (hereafter referred to in this subchapter as "the Code"), identifies the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the owner's premises; notifies the public that the unauthorized removal of the cart from the cart owner's premises or parking area or the unauthorized possession of the cart, is a violation of state law; and lists a valid telephone number or address for returning the cart to the owner or retailer.

Person. An individual or entity.

Public Property. All real property in the city in which a public agency has a fee simple, easement, leasehold interest, or any possessory interest. This includes but is not limited to, streets, sidewalks, parks and flood control facilities.

Retail Establishment. Any establishment utilizing shopping carts outside of the establishment.

Shopping Cart or Cart. A basket that is mounted on wheels or a similar device generally used in retail establishment by a customer for the purpose of transporting goods of any kind.

Unidentified Shopping Cart. A shopping cart that is not an owner-identified shopping cart.

(Ord. 996, passed 1-22-09)

(A) Upon the discovery of an unidentified shopping cart on public property, the city or its authorized contractor may remove the cart. Such carts shall be tagged with date and location and shall be impounded for 30 calendar days at a location selected by the city. A claim for a cart shall be presented to the City Manager or designee, and shall be accompanied by proof of ownership of the cart. A person demonstrating proof of ownership of a cart stored by the city shall pay the city's tagging and retrieval fee, as set by City Council resolution, prior to the cart being released.

(B) Upon the discovery of any owner-identified shopping cart on public property, the city or its authorized contractor may remove the cart and promptly return it to the owner or premises identified thereon, or store the same for safekeeping and promptly notify the owner where it may be retrieved. Such safe storage shall not be deemed to be an impoundment, and no tagging and retrieval fee or civil penalty may accrue as a result thereof. Alternatively, any owner-identified shopping cart which is not retrieved within three business days from the date the owner of the cart, or his or her agent, receives actual notice including, but not limited to, telephonic notice, from the city of the shopping cart's discovery and location, may be impounded and stored in accordance with § 22435.7 of the Code. Each such cart shall be tagged with the date and location of impoundment. Pursuant to § 22435.7(g) of the Code, written notice shall be mailed to the owner of any owner-identified shopping cart which is impounded pursuant to this section, which shall specify the date and time of such impoundment, the location where the cart may be retrieved, the cost of retrieval and that failure to retrieve such cart within 30 calendar days may result in the cart being disposed of as permitted by law.

(C) This section shall not apply to a cart attended by any person who can demonstrate, to the satisfaction of the city or its authorized contractor, ownership of the shopping cart or written permission of the owner, to have the cart in his or her possession.

(Ord. 996, passed 1-22-09)

Cross reference— Penalty, see § 132.99

(A) After the expiration of the 30-day period specified in § 132.06(A), the city, or its authorized contractor with the city's approval, may sell an unclaimed unidentified shopping cart at public auction or otherwise dispose of the cart.

(B) After the expiration of the 30-day period specified in § 132.06(B), the city may sell or otherwise dispose of any unclaimed owner-identified shopping cart as authorized by § 22435.7(g) of the Code.

(Ord. 996, passed 1-22-09)

(A) No person shall remove any tag affixed by the city or its authorized contractor to any shopping cart with the intent of interfering with the enforcement of this subchapter or evading any of its provisions.

(B) No person shall obstruct, impede or interfere with any representative of the city or its authorized contractor who is engaged in tagging, removing or transporting a shopping cart in accordance with this subchapter.

(Ord. 996, passed 1-22-09)

Cross reference— Penalty, see § 132.99

Any person who can demonstrate that he or she is a cart owner may appeal the imposition of a tagging and retrieval fee by presenting evidence that the cart removal and storage was not performed substantially in accordance with the provisions of this subchapter. Appeals shall be made in writing to the City Manager or designee within ten calendar days of paying the fee. An office hearing will be held within 30 calendar days of the receipt of such appeal request. The shopping cart owner or authorized representative may appear and be heard on the matter. If the City Manager or designee determines that the shopping cart was not removed and stored in substantial accordance with the provisions of this subchapter, the tagging and retrieval fee shall be refunded. The decision of the City Manager or designee shall be final.

(Ord. 996, passed 1-22-09)

(A) It is unlawful to do any of the following acts:

(1) Remove an unidentified shopping cart from the premises or parking area of a retail establishment;

(2) Be in possession of an unidentified shopping cart that has been removed from the premises or the parking area of a retail establishment;

(3) Leave or abandon a shopping cart on public or private property and at a location other than the premises or parking area of the retail establishment.

(B) Any cart in the possession of, or abandoned by, any person found to be in violation of division (A) above may be impounded in accordance with the procedures set forth in § 132.06 applicable to unidentified shopping calls, whether or not such cart is actually located on public or private property.

(C) This section shall not apply to any person who can satisfactorily demonstrate ownership of the shopping cart, or to any person having written permission of the owner to have the cart in his or her possession.

(D) Removal, possession and abandonment of owner-identified shopping carts, shall be governed by the provisions of § 22435.2 of the Code. Any cart in the possession of any person found to be in violation of § 22435.2 of the Code may be impounded by the city, provided, however, that written notice shall be given to the identified owner of the impoundment of such cart. Provided the owner or representative thereof makes a proper claim for such cart within 30 calendar days of the date of mailing of such notice, no costs of retrieval shall be imposed upon such owner or representative. In the event any such cart remains unretrieved for 30 days following the mailing of such notice, the city may sell or otherwise dispose of such cart.

(Ord. 996, passed 1-22-09)

Cross reference— Penalty, see § 132.99

Notwithstanding any other provision of this subchapter, any retail establishment that has implemented a shopping cart retrieval program, consisting of either its own contract with a private company to pick up its cart (subject to performance standards set by the City Manager or his or her designee), or a loss prevention system that prohibits the removal of carts from a defined perimeter, either of which having been approved by the City Manager or his or her designee as of the day any of the owner's carts is impounded, shall not be required to pay a tagging and retrieval fee, nor shall the same be subject to the accrual of any civil penalties pursuant to this subchapter. The burden of establishing such exemption shall be upon the retail establishment.

(Ord. 996, passed 1-22-09)

The City Council finds and declares as follows:

(A) Graffiti on public or private property is a condition of blight that not only depreciates the value of property which has been the target of such vandalism, but also depreciates the value of the adjacent and surrounding properties so as to create a negative impact upon the entire community.

(B) Graffiti has been found to be associated with criminal activity and delinquency. It is also a means of identification and intimidation utilized by gangs and its presence may further gang-related activities. The power of graffiti to create fear within the community and blight upon the landscape, devaluing property and detracting from a sense of community enjoyed by the residents of the City of Santa Fe Springs goes beyond the cost of clean-up or removal. Not only is graffiti a criminal act of vandalism, but it is also a social crime upon the quality of life and freedom from intimidation that residents desire in their neighborhoods.

(C) Acts of graffiti are often committed by persons under the age of 18 years using aerosol containers of spray paint, etchants, and/or felt-tip markers. These implements of graffiti are frequently stolen from retail stores by minors, and, as such, retail stores that display and/or sell these implements should be prohibited from selling them to minors and should be required to take reasonable steps to prevent their theft.

(D) Cal. Gov't Code § 38771 authorizes the city to declare what constitutes a nuisance. Section 53069.3 further authorizes the city, under certain circumstances, to provide for the removal of graffiti and other inscribed materials from private as well as public property. The City Council finds and determines that graffiti is obnoxious and a public nuisance and, unless the city causes it to be removed from public and private property, it tends to remain. Other properties may then become the target of graffiti with the result that the entire neighborhood is affected and becomes a less desirable place in which to live and/or work.

(E) The City of Santa Fe Springs appropriates funds for the removal of graffiti from privately owned real or personal property located within the city. While this public service benefits the entire community, it provides no incentive to private property owners to deal directly with the problem and to formulate their own ideas, solutions, and mitigation measures to avoid being victimized time and time again. The perpetual provision of free graffiti removal services is not an effective deterrent to the escalation of graffiti vandalism and is not a cost-effective use of public funds.

(F) It is the purpose and intent of the City Council of Santa Fe Springs, through the adoption of this subchapter, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement, including the application of graffiti on public and private property, walls, vehicles, and other structures. Such acts are destructive of the rights and values of private property owners as well as of the entire community. It is the further intent of the City Council, through the adoption of this subchapter, to provide notice to all of those who disregard the property rights of others, that the Whittier Police Department and Santa Fe Springs Department of Police Services, Code Enforcement Unit, City Attorney/Prosecutor's Office, and the District Attorney's Office, will strictly enforce the law and vigorously prosecute those persons engaging in the defacement of public or private properties.

(Ord. 992, passed 6-26-08)

For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Adhesive Label. Any so called "bumper sticker," sheet of paper, fabric, plastic, or other material with an adhesive backing.

Aerosol Paint Container. Any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint, undercoating, spray insulation, or other substance capable of defacing property.

City. The City of Santa Fe Springs.

Costs. Means and includes, but is not limited to, court costs, attorneys' 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 person who created, caused, or committed the graffiti or other inscribed material on the publicly or privately owned permanent real or personal property within the city.

Enforcement Officer. Any city official authorized to enforce the provisions of this subchapter, including, but not limited to, the Whittier Police Department and Santa Fe Springs Department of Police Services and Code Enforcement Unit, as well as any contract agent authorized by the city to abate graffiti nuisances described in this subchapter.

Felt-Tip Marker. Any indelible marker or similar implement with a tip which, at its broadest width, is greater than 1/8 of an inch and which contains an ink or other pigmented liquid.

Graffiti. Any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on or otherwise glued, posted, or affixed to or on any surface, regardless of the nature of the material to the extent that the same was not authorized in advance by the owner thereof.

Graffiti Implement. An aerosol paint container, a felt tip marker, gum label, paint stick, crayon, etching tool capable of scarring glass, metal, concrete, wood, or other surface, etching cream or other such solvent, adhesive label, or any other device capable of being used to leave a visible mark at least 1/8 of an inch in width upon any surface of any material.

Paint Stick or Graffiti Stick. A device containing a solid form of paint, chalk, wax, epoxy, caulk, or similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least 1/8 of an inch in width.

Property Owner. Any person who owns, possesses, occupies, or otherwise has responsibility for the repair or maintenance of real property.

Responsible Person. Any minor (or parent or guardian of a minor) or other person who causes or permits the application of graffiti or other inscribed material, as well as any property owner of real property at which there exists graffiti.

Retrofitting. Means and includes, without limitation, the restoration, modification or alteration of a building or structure to remove graffiti, to prevent or inhibit the recurrence of graffiti, or to return the building or structure to an acceptable, usable, unblemished, unblighted, or original state or condition.

Structures. Any structure as defined in the city's Building Code, and shall also include, but not be limited to, buildings, walls, fences, poles, signs, posts, railings, benches, tables, waste containers, sidewalks, streets, cargo/shipping containers.

Vehicle. A device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails. A Vehicle shall include, but not be limited to, a trailer.

(Ord. 692, passed 6-26-08)

It shall be unlawful and a misdemeanor for any person to apply graffiti to any building, structure, tree, shrub, curb, vehicle, or personal or real property (public or private) located within the city. It shall also be unlawful and a misdemeanor for any person to apply or affix any adhesive label to any building, structure, tree, shrub, curb, vehicle, or personal or real property (public or private) not owned or lawfully possessed by such person, or without advance authorization by the owner thereof.

(Ord. 692, passed 6-26-08)

Cross reference— Penalty, see § 132.99

(A) It shall be unlawful and a misdemeanor for any person under the age of 18 years to have in his or her possession any graffiti implement or other instrument as described hereinbelow while upon private property without the prior written consent of the owner of such property, or upon a public highway, street, alleyway, park, playground, swimming pool, public building or any area open to the public:

(1) Any spray can containing anything other than a solution which can be removed by water after it dries;

(2) Any spray can tips, other than those affixed to a spray can not meeting the description of division (A)(1) above;

(3) Any marker pens containing anything other than a solution which can be removed with water after it dries;

(4) Any container holding anything other than solution that can be removed with water after it dries and which can be used to apply that solution. This includes acrylic paint tubes, oil paint tubes, shoe dyes, paint sticks, and bottles and cans of such solutions; and

(5) Objects capable of etching glass or ceramic surfaces, including, but not limited to, bits, grinding stones, glass cutters, scribes, broken spark plug ceramic, chisels, and any solution capable of etching these surfaces when applied including acids and etching baths.

(B) The provisions of this section shall not apply to any person under the age of 18 years attending, or traveling to or from school, at which time the minor is enrolled, if the minor is participating in a class at said school which has a written requirement of the class for the possession of the implements or instruments described in this section. The burden of proof in any prosecution for a violation of this section shall be upon the minor student to establish enrollment in a class that requires the possession of a graffiti implement or other instrument described hereinabove.

(Ord. 692, passed 6-26-08)

Cross reference— Penalty, see § 132.99

It shall be unlawful and a misdemeanor for any person to have in his or her possession any graffiti implement while in or upon any public park, playground, swimming pool, recreation facility, or while in, or within, ten feet of an overpass, underpass, bridge, abutment, storm drain, or similar types of infrastructure not normally used by or accessible to the public, except as may be authorized by the city.

(Ord. 692, passed 6-26-08)

Cross reference— Penalty, see § 132.99

It shall be unlawful and a misdemeanor for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement to any person under the age of 18 years without the consent of the parent or other lawfully designated guardian, which consent shall be given in advance in writing.

(Ord. 692, passed 6-26-08)

Cross reference— Penalty, see § 132.99

Notwithstanding the provisions of § 132.22, it shall be unlawful for any person to sell, give, trade, loan, or exchange, or display for sale, trade, loan, or exchange, any graffiti implement at any swap meet, open-air market, flea market, or yard sale.

(Ord. 692, passed 6-26-08)

Cross reference— Penalty, see § 132.99

(A) Display requirements.

(1) It shall be unlawful and a misdemeanor for any person or business engaged in a commercial enterprise to display for sale, trade, loan, or exchange any graffiti implement except in an area from which the public shall be securely precluded without employee assistance. Two such acceptable methods for displaying graffiti implements for sale shall be by containment in (1) a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or structure, and which shall, at all times except during access by authorized representatives, remain securely locked; or (2) in an enclosed area behind a sales or service counter from which the public is precluded from entry. Nothing herein shall relieve such person or business entity from, at all times, complying with the requirements of the Cal. Penal Code § 594.1(c) by posting signs as described therein.

(2) Any person or business engaged in the retail sale of any graffiti implement must display at a conspicuous location a legible sign measuring not less than 12 inches by 12 inches with letters at least 1/2 inch in height which states:

"It is unlawful for any person to sell or give to any individual under the age of eighteen years, without prior written authorization from a parent or legal guardian, any graffiti implement or other device capable of being used to deface real or personal property. Any person who maliciously defaces real or personal property is guilty of vandalism which is punishable by a fine, imprisonment, or both."

(B) Storage requirements. It shall be unlawful and a misdemeanor for any person or business engaged in the commercial enterprise of selling, providing, loaning, or trading graffiti implements to store any graffiti implement except in either (1) a completely enclosed room which shall, at all times except during access or actual occupancy by the owner or authorized adult representative of the owner, remain securely locked; or (2) in a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall at all times except during access by the owner or an adult representative of the owner, remain securely locked. For purpose of this section, an owner or authorized representative of the owner, shall be deemed to actually occupy a room even during brief periods of absence if the room is contained within a larger structure which is occupied by the owner.

(C) Civil responsibility for wrongful display or storage. In addition to the penalties provided in § 132.28, any person or business who displays or stores or permits the display or storage of any graffiti implement in violation of the provisions of this section shall be personally liable for any and all costs, including attorneys fees and court costs, incurred by any party in connection with the removal of graffiti, the repair of any property containing graffiti, or such party's prosecution of a civil claim for reimbursement or damages resulting from such graffiti removal or property repair, arising from the use by any person of such wrongfully displayed or stored graffiti implement in violation of this section or of any provision of the California Penal Code.

(Ord. 692, passed 6-26-08)

Cross reference— Penalty, see § 132.99

Notwithstanding any other provision of this code, it shall be unlawful and a misdemeanor for any person to cause, permit, aid, abet, or suffer any graffiti which is visible from any real property (whether privately or publicly owned), public street, sidewalk, alley, or other public right-of-way or other area open to the public to remain on any building, structure, tree, shrub, sidewalk, curb, vehicle, or personal or real property (public or private) owned, possessed, or within the custody or control of such person, or located on real property owned, possessed, or within the custody or control of such person. Each day that graffiti is maintained constitutes a new and separate offense, and is subject to the penalties set forth in § 10.97.

(Ord. 692, passed 6-26-08)

Cross reference— Penalty, see § 10.97

(A) Declaration of nuisance. Pursuant to Cal. Gov't Code § 38771, the City Council hereby declares the following conditions to constitute a public nuisance:

(1) Graffiti or other inscribed material on a building, structure, tree, shrub, sidewalk, curb, vehicle, or personal or real property (public or private) in the city that is visible from any real property (whether privately or publicly owned), public street, sidewalk, alley, or other public right-of-way or other area open to the public;

(2) The existence of any surface of a building, structure, tree, shrub, curb, vehicle, or personal or real property (public or private) in the city which has been defaced with graffiti or other inscribed material after removal more than three times in any 12-month period (hereinafter, "graffiti attracting surface").

(B) Abatement of nuisance.

(1) The City Council hereby declares that the maintenance of the public nuisance conditions listed in division (A) above are subject to abatement pursuant to the provisions of this subchapter. Furthermore, the City Council authorizes the appropriation and use of public funds to remove graffiti or other inscribed material from publicly or privately owned real or personal property located within the city and to repair, restore, replace, or retrofit publicly or privately owned property within the city that has been defaced with graffiti or other inscribed material that cannot be removed cost effectively, or to otherwise abate graffiti attracting surfaces as defined hereinabove.

(2) In instances where a property owner consents to the abatement of graffiti or graffiti attracting surfaces by city forces, the Director of Public Works, or his or her designee, is authorized to immediately abate the nuisance.

(C) Notice to abate. Notwithstanding the provisions of Chapter 95 of this code, whenever any Enforcement Officer determines the existence of a graffiti nuisance as defined by and declared in division (A) above and determines that city employees, representatives, or contact agents may need to abate said nuisance, the Enforcement Officer shall issue a "Notice to Abate Graffiti Nuisance" (hereinafter, "Notice to Abate Graffiti") to the owner and the entity in possession of or in control of the property on which the nuisance exists, or to any other responsible person, requiring the abatement of the nuisance within 72 hours of the date of service of the Notice to Abate Graffiti, or within some other reasonable time in connection with a "graffiti attracting surface."

(1) Contents of Notice to Abate Graffiti. A Notice to Abate Graffiti issued pursuant to this subchapter shall contain the following provisions:

(a) The address of the real property on which the nuisance condition exists;

(b) A brief description of the nuisance condition(s);

(c) A reference to the law prohibiting or pertaining to the nuisance condition;

(d) A brief description of the required corrective actions;

(e) A time period and/or schedule in which to complete the nuisance abatement actions (with all required city approvals, permits, and inspections, when applicable) (hereinafter, "compliance period");

(f) The period and manner in which a responsible person may contest the Notice to Abate Graffiti pursuant to this subchapter;

(g) A statement that if the violations are not abated within the time specified or a timely appeal is not made, such nuisance may be abated by city agents, in the manner provided in the Notice. On such occasions, all costs of the abatement shall be assessed against the responsible person(s) and/or the subject property, as a lien or as a special assessment (in accordance with the provisions of Chapter 95 of this code) or in any other manner provided by law.

(2) Service of Notice to Abate Graffiti.

(a) Notice to Abate Graffiti shall be served upon the property owner by either personal delivery or by certified first class mail. The time and date on which a Notice to Abate Graffiti is personally served or is placed in a U.S. Postal Service mail receptacle shall constitute the date of service. Failure of any property owner to receive a Notice to Abate Graffiti shall not invalidate any action or proceeding pursuant to this subchapter.

(b) The Enforcement Officer issuing the Notice to Abate Graffiti to an owner of real property may rely on the owner's mailing address according to the last equalized assessment roll of the Los Angeles County Recorder's Office in determining a service address for the Notice to Abate Graffiti.

(D) Method of abatement. Where graffiti is being abated by the repainting of the surface on which the graffiti exists, the property owner shall use paint that matches the color of the original remaining portions of the structure being painted or as otherwise approved by the Director of Planning and Development. As it relates to a graffiti attracting surface (as defined by and declared in division (A)(2)), a Notice to Abate Graffiti may require, but shall not be limited to, any of the following modifications (or combinations thereof) to said building, structure, tree, shrub, sidewalk, curb, or vehicle (or the property on which said building, structure, tree, shrub, sidewalk, curb, or vehicle exists) as methods of abatement (the costs of which are to be borne by the responsible person):

(1) Retrofitting of said surface or structure (at a cost not to exceed ten percent of the assessed value of the property on which the nuisance exists, as indicated on the last equalized assessment roll of the Los Angeles County Recorder's Office);

(2) Application and/or use of anti-graffiti materials (as approved by the Director of Planning and Development or his or her designee) to the surface or structure such as anti-etching films or anti-graffiti paints;

(3) Installation of landscaping (as approved by the Director of Planning and Development) so as to screen or to provide a barrier to the surface or structure; and

(4) Installation of additional lighting (as approved by the Director of Planning and Development).

(E) Appeal of Notice to Abate Graffiti.

(1) Right of appeal from a Notice to Abate Graffiti.

(a) Notwithstanding the provisions of Chapter 95 of this code, a responsible person receiving a Notice to Abate Graffiti may contest the Notice by filing a written request for an appeal and paying any applicable fees (as established by Council resolution), with the City Clerk within three calendar days of the date of service of the Notice to Abate Graffiti. A written request for an appeal shall contain the following information:

1. Name, address, and telephone number of each responsible person who is appealing the Notice to Abate Graffiti (hereinafter, "appellant"), as well as a description of each appellant's relationship/interest in the real property upon which the city intends to enter and abate a graffiti nuisance;

2. Address and description of real property upon which the city intends to enter and abate a graffiti nuisance;

3. Date of Notice to Abate Graffiti being appealed;

4. Specific action being appealed;

5. Grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy; and

6. The signature of at least one appellant.

(b) Failure of the City Clerk to receive a timely request for an appeal (including payment of applicable fees) constitutes a waiver of the right to contest a Notice to Abate Graffiti. In this event, the Notice to Abate Graffiti is final and binding.

(c) The provisions of this section only apply to instances where the city has elected to establish the right, but not the obligation, to abate graffiti with city agents. In no event does this subchapter limit the right of city officials to issue alternative written or oral notices of code violations to responsible persons, or to cause the abatement of graffiti nuisances in a different manner, including, without limitation, by court orders arising from the city's exercise of its criminal or civil remedies.

(2) Appeal hearing before City Manager (or designee).

(a) As soon as practicable after receiving the request for an appeal (and in no event more than 30 days from the filing date of the request), the City Manager or designee shall schedule and conduct the appeal hearing. The City Manager or designee shall provide each appellant with notice of the date, time, and location of the appeal hearing at least five calendar days prior to its occurrence. Service of the notice of hearing shall be made by first class mail, postage prepaid, to each appellant at the address(es) provided on the request for an appeal. The failure of any appellant to receive a properly addressed notice of hearing shall not invalidate any action or proceeding by the city pursuant to this subchapter.

(b) Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish a graffiti nuisance by a preponderance of the evidence. The Notice to Abate Graffiti and any additional reports/photographs submitted by the Enforcement Officer shall constitute prima facie evidence of the facts contained in those documents and such Enforcement Officer is not required to participate in the appeal hearing. The appellant and city officials shall have the right to present testimony, witnesses, and evidence at the hearing pertaining to the alleged nuisance or other ground of appeal, as well as to cross-examine any witnesses testifying at the hearing.

(c) The failure of any appellant to appear at the hearing shall constitute a rescission of the request for an appeal hearing, and the appellant will be deemed to have waived his rights to a hearing. In this event, the Notice to Abate Graffiti shall be deemed final and binding.

(d) The City Manager or designee may continue the hearing on his or her own motion.

(3) Notice of decision: order to abate.

(a) Within a reasonable time, not to exceed ten calendar days following the conclusion of the appeal hearing, the City Manager or designee shall make any one or more of the following determinations in a written decision (hereinafter, "Order to Abate"):

1. A finding and description of each graffiti nuisance at the subject property, or the non-existence thereof. In the event of a finding of non-existence of all nuisance conditions contained in the Notice to Abate Graffiti, the City Manager or designee shall cancel the Notice to Abate Graffiti;

2. The name of each person responsible for a graffiti nuisance at the subject property, as well as the name of any appellant who lacks responsibility therefor;

3. The required corrective action and completion date for each unabated graffiti nuisance;

4. Any other finding, determination, or requirement that is relevant or related to the subject matter on appeal.

(b) The decision of the City Manager or designee is final and binding. The Order to Abate shall also contain the following statement: "This Order to Abate is a final administrative decision of the city, and judicial review of this decision is subject to the time limits set forth in California Code of Civil Procedure sections 1094.6 et seq."

(c) A copy of the Order to Abate shall be served on all appellants by first class mail to the address(es) stated on the request for appeal form. In the event that a responsible person was originally served with a Notice to Abate Graffiti but was not an appellant, such responsible person shall also be served a copy of the Order to Abate by first class mail to the address(es) at which the Notice to Abate Graffiti was served. Failure of an appellant or other responsible person to receive a properly addressed and mailed Order to Abate shall not invalidate any action or proceeding pursuant to this subchapter.

(F) Scope of abatement. Whenever the city authorizes the use of public funds for the removal of graffiti, the painting or repairing of surfaces containing graffiti, or for the abatement of graffiti attracting surfaces, the city shall not authorize or undertake to provide for the painting or repairing of any more extensive area than that where the graffiti or graffiti attracting surface is located, unless the City Manager, or his or her designee, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid aesthetic disfigurement to the neighborhood or community, or unless a responsible person agrees in writing to pay for the costs of repainting or repairing the more extensive area.

(G) Costs of abatement. The costs of abatement performed by city forces, or agents thereof, shall constitute a personal obligation against the responsible persons (as defined in this subchapter) and may be assessed in any, or all, of the following manners:

(1) Special assessment or nuisance abatement lien in accordance with the provisions of Chapter 95 of this code;

(2) Graffiti abatement lien against any property owned by a minor or other person (or the parent or guardian of any minor) creating, causing, or committing a graffiti nuisance, as authorized by Cal. Gov't Code § 38772;

(3) Any other manner provided in the city's graffiti abatement protocols/policy (in instances where a property owner consents to the removal of the nuisance by city forces);

(4) Pursuant to an order of restitution by a court of competent jurisdiction in accordance with Cal. Penal Code § 1202.4, Cal. Gov't Code § 38772, or any other applicable state or federal law; and

(5) Any other manner provided or authorized by law.

(Ord. 692, passed 6-26-08)

(A) In approving tentative or parcel maps, subdivision maps, conditional use permits, variances, or other land use entitlements, the city shall consider imposing conditions reasonably related to the control of graffiti and/or the mitigation of the impacts of graffiti. Such conditions may include, without limitation, any or all of the following:

(1) Installation and use of anti-graffiti materials (as approved by the Director of Planning and Development or his or her designee) on surfaces which are likely to be graffiti attracting surfaces;

(2) Installation and use of landscaping to screen or provide a barrier to surfaces prone to graffiti or are likely to be a graffiti attracting surface;

(3) Installation and use of additional lighting to areas that are likely to be graffiti attracting surfaces and areas adjacent thereto;

(4) Applicant or owner shall immediately remove any graffiti at the property;

(5) Right of access by city forces to remove graffiti; and

(6) Applicant or permittee to supply the city with sufficient matching paint and/or anti-graffiti material on demand for use in the abatement of graffiti by city forces.

(B) Persons applying for any tentative or parcel maps, subdivision maps, conditional use permits, variances, or other land use entitlements shall, as part of any conditions, covenants, or restrictions of any approval for said application, covenant, which covenant shall run with the land in a form satisfactory to the city, that the applicant, and any and all successors in interest of the property, shall comply with all conditions, covenants, or restrictions of said approval.

(Ord. 692, passed 6-26-08)

(A) Pursuant to Cal. Gov't Code § 53069.5, the City Council may, by resolution, establish a reward for information leading to the identification, apprehension, or conviction of any person who places or applies graffiti upon any public or private property in the city. For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction.

(B) Any person committing graffiti vandalism, and if said person is an unemancipated minor, then the parent or lawful guardian of said minor, shall be civilly liable for any reward paid pursuant to this section.

(Ord. 692, passed 6-26-08)

(A) Pursuant to Cal. Civil Code § 1714.1(b), where graffiti is applied by an unemancipated minor, the parents or legal guardian of said minor shall be jointly and severally liable for payment of civil damages resulting from the misconduct of the minor in an amount not to exceed $25,000 for each such offense or in an amount designated by any amendment to Cal. Civil Code § 1714.1(b). The parent or legal guardian of said minor shall also be civilly liable for any reward paid pursuant to § 132.26 of this subchapter.

(B) Pursuant to Cal. Gov't Code § 38772, the parent or guardian having custody and control over a minor shall be jointly and severally liable for the expense of any abatement of a graffiti nuisance, and the city may make the costs of abatement a lien against the property of the parent or guardian having custody and control over the minor.

(Ord. 692, passed 6-26-08)

(A) (1)

Pursuant to the provisions of § 22435.7(f) of the Cal. Bus. and Prof. Code, upon a fourth failure and upon each successive failure thereafter within any six consecutive month period by an owner of an owner identified shopping cart, to retrieve any such cart or carts for which notice of discovery thereof has been given by the city pursuant to §§ 132.01 through 132.11, a civil penalty in the amount of $50 shall be paid by such owner.

(2) Upon a fourth failure and upon each successive failure thereafter within any six consecutive month period by an owner of an unidentified shopping cart, to retrieve any such cart or carts within the 30-day period specified in § 132.06(B), a civil penalty in the amount of $50 shall be paid by such owner.

(3) No more than one failure to retrieve may accrue for any given day as to any owner, regardless of the number of such owner's carts retrieved on such day.

(4) Any and all civil penalties authorized by this division (A) shall be deemed to be imposed without prior notice being given by the city. The City Manager or designee shall maintain records of facts relevant to the imposition of any and all civil penalties. Within 90 days, and at the city's discretion and convenience, notice of assessment of a civil penalty or penalties shall be given to affected shopping cart owners by first class mail addressed to their respective retail establishments. Such notice shall set forth the date and circumstance surrounding the imposition of each civil penalty and shall further state that the amount of the penalty is payable within 30 days of the date of the notice. Thereafter, each civil penalty imposed shall be paid within such period unless, within ten calendar days of the date of such notice, the shopping cart owner files a written appeal with the City Council or its designee. Thereafter, a hearing will be scheduled and conducted within 30 calendar days at which time the owner or authorized representative may appear and be heard on the matter. If the City Council or designee determines that the city did not substantially comply with applicable provisions of §§ 132.04 through 132.11 and this division (A), or finds that any civil penalty was otherwise not properly imposed, the owner shall not be required to pay such civil penalty. The decision of the City Council or designee shall be final.

(5) In the event any civil penalty, not successfully appealed, remains unpaid after 30 days of the date of the notice thereof, such penalty shall constitute a civil debt of the shopping cart owner and may be collected as a contract debt by way of legal action or otherwise as permitted by law. Furthermore, such civil penalties may be added to any tagging and retrieval fees which may accrue to such shopping cart owner. In such instance, the entire amount of tagging and retrieval fees, plus accrued civil penalties shall be paid prior to any impounded shopping carts being released to such owner.

(B) (1)

Criminal penalties. Any violation of §§ 132.15 through 132.27 shall constitute a misdemeanor offense and subject to the penalties set forth in § 10.97.

(2) Additional penalties. Whenever deemed appropriate, it is the city's intent to petition a sentencing court to impose the following additional penalties or conditions of any grant or probation, diversion, deferred entry of judgment, or other court supervision (including upon a determination that a minor is to be a ward of the court as a result of committing an act of vandalism or graffiti) upon conviction:

(a) Suspension or delay in issuance of driver's license (pursuant to Cal. Veh. Code § 13202.6);

(b) Community service and/or graffiti removal service (pursuant to Cal. Penal Code §§ 640.6 and 1203 et seq., Cal. Welf. and Inst. Code §§ 728 and 729.8, and Cal. Veh. Code § 42001.7);

(c) Payment of restitution for the expenses/costs of abatement pursuant to Cal. Penal Code § 1202.4, Cal. Gov't Code § 38772, or other state law.

(3) Cumulative remedies. The remedies provided in this division (B) are in addition to other remedies and penalties available under provisions of other applicable city ordinances, the laws of the State of California, or the laws of the United States.

(Ord. 992, passed 6-26-08; Am. Ord. 996, passed 1-22-09)