Scotts Valley Municipal Code Ch. 8.05 Graffiti Abatement—public Nuisance

As used in this chapter, "graffiti" means any unauthorized form of painting, scratching, writing, or inscription, regardless of the content or nature of the material used, which is placed upon any private structure, fixture, sign, or sidewalk in any location where it can be viewed from any public street, walkway, building, park, or facility, or upon any public structure, fixture, sign or sidewalk, and which is without the authorization of the owner or the other person in control of the property.

(Ord. No. 7.8, § 2, 5-21-2025)

Graffiti is hereby determined to be a nuisance because its continued existence constitutes a visual blight upon the area in which it is located.

(Ord. No. 7.8, § 2, 5-21-2025)

It shall be unlawful to place any graffiti within the City of Scotts Valley.

(Ord. No. 7.8, § 2, 5-21-2025)

It shall be unlawful for any person owning or otherwise in control of any real property within the City of Scotts Valley to permit or allow any graffiti to remain on such property.

(Ord. No. 7.8, § 2, 5-21-2025)

A. Removal by Responsible Party. A person who is the owner or who has primary responsibility for control of property or primary responsibility for the repair or maintenance of property that is defaced with graffiti shall remove or cause the removal of such graffiti within ten days after notice of same, or shall make arrangements with the city for the city to cause such removal in accordance with the requirements of this section. If the property owner does not promptly eradicate the graffiti or make arrangements satisfactory to the city for eradication of the graffiti within ten days of actual notice or within fourteen days of mailed notice, city agents may do so in accordance with Section 8.05.050C.

B. Right of City to Remove with Owner's Consent. Whenever the city manager or his/her designee determines that graffiti is so located on public or private property within the city so as to be capable of being viewed by persons utilizing any public right-of-way or public place in the city, the city manager or his/her designee is authorized to provide for the removal of the graffiti upon the following conditions:

1. In removing the graffiti, the painting or repair shall be limited to the minimum necessary to properly restore the defaced area.

2. Where a structure is owned by a public entity other than the city, the removal of the graffiti may be authorized only after securing the written consent of the public entity having jurisdiction over the structure.

3. Where a structure is privately owned, the removal of the graffiti by city personnel or by volunteers or a private contractor under the direction of the city may be authorized only after securing the written consent of the owner, agreement to reimburse the city for the costs of removal, and a release of the city from liability, on a form approved by the city attorney. The city will use paint that is readily available and may not match the original color.

C. Abatement and Cost Recovery Proceedings Following Failure to Obtain Owner's Consent. If a responsible party fails to remove or cause the removal of the offending graffiti within the time herein specified, or if the city shall have requested consent to remove or paint over the offending graffiti and the responsible party shall have refused consent or failed to respond to request for entry on the terms of this section, the city shall commence abatement and cost recovery proceedings for the removal of the graffiti in accordance with Title 4.

1. Because prompt removal minimizes the blight created by graffiti and has been shown to be one of the greatest disincentives to graffiti proliferation, the city manager is authorized to develop procedures and/or volunteer programs whereby city personnel or other persons under the direction of the city may enter onto private property for the purpose of removing and/or painting over the graffiti. Such a program shall include provisions requiring the city to first attempt notification of the affected property owners, and upon notification, provide them with an opportunity to promptly eradicate the graffiti.

2. Prior to the city removing graffiti as outlined under this Section 8.05.050C, the city shall first attempt to notify the affected property owners, and upon notification, providing them with an opportunity to promptly eradicate the graffiti. The city shall contact property owners requesting that the owners either eradicate the graffiti or make satisfactory arrangements for the eradication of the graffiti within ten days of actual notice or fourteen days of mailed notice. If property owners do not eradicate the graffiti or make arrangements satisfactory to the city for the eradication of the graffiti within this time period, a second notice shall be provided stating that, if the owners do not either eradicate the graffiti or make satisfactory arrangements for the eradication of the graffiti within five days of actual notice or within seven days of mailed notice, city agents may enter the property and eradicate the graffiti at the property owner's expense. Making satisfactory arrangements would include granting permission to the city to eradicate the graffiti at the property owner's expense.

3. If the property owner(s) cannot be promptly contacted personally or by mail within ten days of the first attempted notification, city agents may proceed to eradicate the graffiti. The city will attempt to closely match the color of paint used to cover the graffiti; however, the city council recognizes that the paint used in such eradication efforts may not closely match the existing paint; however, the city council finds that the eradication will not damage private property more than the damage that has already resulted from the existence of the graffiti. The eradication authorized by this section shall not, without property owner permission, extend to areas not readily visible to the general public.

4. In any situation where the city is compelled to remove the graffiti as provided in this chapter, the city may proceed with abatement cost recovery from the property owner as outlined in Chapter 4.24—Recovery of Civil Penalties and Abatement Costs and as outlined and allowed under California Government Code Sections 38772 and 53069.3. In the event the graffiti is placed by a minor in violation of this chapter, the parents of such minor shall be financially responsible for any fees or costs imposed in accordance with this chapter.

(Ord. No. 7.8, § 2, 5-21-2025)

A. Any person knowingly and willfully violating the provisions of this chapter shall be deemed guilty of an infraction.

B. Except as provided in subsection (A), any person violating, or causing or permitting the violation of, this chapter shall be deemed guilty of a misdemeanor if a defendant has been convicted of three or more violations of this chapter within the twelve-month period preceding the commission of the offense alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged.

C. If a minor is personally unable to pay any fine levied for violating this chapter, the parent or legal guardian of the minor shall be liable for payment of the fine. A court may waive payment of the fine by the parent or legal guardian upon a finding of good cause.

D. Any individual found guilty of a violation of this section shall reimburse the City of Scotts Valley for any and all costs the city may incur in removing the graffiti. Such reimbursement shall be in addition to any other penalties imposed by the court pursuant to this section. If the violator is a minor, the parent or guardian shall also be responsible for such reimbursement.

E. In addition to the violations noted above, any violation of the provision of this chapter may be cited in accordance with Chapter 4.14.

1. The administrative fine for an administrative citation issued for violation of Section 8.05.030 of this chapter shall be as follows:

a. An administrative fine of one thousand dollars for the first violation in any one year period;

b. An administrative fine of one thousand five hundred dollars for the second violation in any one year period; and

c. An administrative fine of two thousand dollars for the third and each subsequent violation.

2. The administrative fine for an administrative citation issued for violation of Section 8.05.040 of this chapter shall be as follows:

a. An administrative fine of two hundred fifty dollars for the first violation in any one year period;

b. An administrative fine of five hundred dollars for the second violation in any one year period; and

c. An administrative fine of one thousand dollars for the third and each subsequent violation in any one year period.

(Ord. No. 7.8, § 2, 5-21-2025)