South El Monte Municipal Code Art. V Graffiti Abatement

A. The existence of graffiti within the city limits constitutes a public and private nuisance and may be abated according to law and the provisions and procedures contained in this chapter.

B. Whenever the director of community development (the "director") determines that graffiti has been applied to permanent structures located on public or private property within the city, the director may take the following actions:

1. Use city resources to remove the graffiti, provided that the director secures the consent of the owner of, or entity having jurisdiction over, the structure. The director may authorize the use of city resources for the removal of graffiti.

2. Notify the owner of, or entity having jurisdiction over, the structure that they have twenty-four hours to abate the graffiti, and that failure to do so may result in nuisance abatement under Section 8.36.030. The twenty-four-hour period may be extended at the discretion of the director if proof is provided to the director that the original paint color of the structure will require additional time to secure, or any other hardship as determined by the director.

C. All graffiti abatement conducted under this section shall be conducted using the same paint color as the structure, such that the abatement results in the structure maintaining its single color. No patches of different colored paint is permitted.

D. Whenever the director determines that graffiti located on private property constitutes a public nuisance, and the owner of such property fails to abate the graffiti under subsection (B)(2), the director shall direct that the nuisance be abated by the property owner or occupant pursuant to Section 8.36.030.

(Ord. 1092 §2, 2007; Ord. 1248 §3, 2020)