Susanville Municipal Code Art. I Violation—Removal

The purpose of this chapter is to provide a program for removal of graffiti from walls and structures on both public and private property and to provide regulations designed to prevent and control the further spread of graffiti in the city. The increase of graffiti on both public and private buildings, structures and places is creating a condition of blight within the city which results in a deterioration of property and business values for adjacent and surrounding properties, all to the detriment of the city. The city council finds and determines that graffiti is obnoxious and a public nuisance which must be abated so as to avoid the detrimental impact of such graffiti on the city and to prevent the further spread of graffiti.

(Prior code § 14-B.1)

For the purpose of this chapter, "graffiti" means the unauthorized spraying of paint or marking of ink, chalk, dye or other similar substances on public and private buildings, structures and places.

(Prior code § 14-B.2)

A. No person shall place graffiti or other writing upon any public or privately owned permanent building, structure or place located on publicly or privately owned real property within the city.

B. No person owning or otherwise in control of any real property within the city shall permit or allow any graffiti to be placed upon or remain on any permanent structure located on such property when the graffiti is visible from the street or other public or private property, for a period in excess of that described in this chapter for notice and removal of graffiti.

C. Violation of this chapter is an infraction.

(Prior code § 14-B.3)

Whenever the city manager or designee determines that graffiti exists on any permanent structure in the city which is visible from the street or other public or private property, he or she shall cause a notice to be issued to abate such nuisance. The property owner shall have 15 days after the date of the notice to remove the graffiti or the property will be subject to abatement by the city.

(Prior code § 14-B.4)

The notice to abate graffiti shall be served upon the owner(s) of the affected premises as such owner's name and address appears on the last equalized property tax assessment rolls. In addition, if there is a commercial tenant using the premises, the notice shall also be served on said tenant. If there is no known address for the owner, the notice shall be sent in care of the property address. The notice required by this chapter may be served in any one of the following manners:

A. By personal service on the owner, occupant or person in charge or control of the property;

B. By registered or certified mail addressed to the owner at the last known address of said owner. If this address is unknown, the notice will be sent to the property address. In addition, where the property is occupied, a copy of the notice shall be delivered to the occupant.

(Prior code § 14-B.5)

A. Property Owner's Consent to Remove. Whenever the city manager or designee determines that graffiti exists on any permanent structure in the city which is visible from the street or other public or private property, and a notice to abate has been served as provided in Section 12.24.050, and the graffiti has not been abated within 10 days from the date of service, the city manager or his or her designee is authorized to provide for and use public funds, if necessary, to remove graffiti upon the following conditions:

1. Public Property. Whenever the city manager or his or her designee determines that graffiti exists upon property owned by the city, it shall be removed as soon as possible. When the property is owned by a public entity other than the city, the removal of the graffiti is authorized after securing written consent of the public agency having jurisdiction over the property.

2. Private Property. Where the subject property is privately owned, the removal of graffiti is authorized after the city manager, or his or her designee, secures the written consent of the owner of the property and the owner executes a release and waiver approved as to form by the city attorney.

3. The graffiti shall be removed as authorized herein, but the removal shall not involve the painting or repair of a more extensive area that is necessary for such removal.

B. Removal by City Without Consent of Property Owner. The city manager may initiate proceedings to abate any graffiti maintained contrary to the provisions of this chapter only after the following has occurred:

1. A notice to abate has been issued and served; and

2. The property owner has failed to either remove the graffiti or consent to its removal by the city within the time period specified in the notice to abate.

(Prior code § 14-B.6)

A. Prior to the city abating graffiti on private property without the consent of the owner, a hearing before the city manager or his or her designee shall be held, at which time the property owner shall be given an opportunity to be heard regarding the proposed abatement. A notice of the time and place of the hearing before the city manager or his or her designee shall be sent to the property owner not less than 10 days prior to the hearing. Service shall be as set forth in Section 12.24.050, and copy therefor shall be conspicuously posted on the affected premises on the date the notice is so served. Said notice shall be posted and served at least 10 days before the time fixed for such hearing; proof of such posting and service of notice shall be made by declaration under penalty of perjury filed with the hearing officer.

B. The failure of any person to receive the notice shall not affect the validity of any proceedings under this chapter.

(Prior code § 14-B.7)

The hearing to determine whether a nuisance exists shall be conducted by the city manager or his or her duly authorized representative as hearing officer. At the hearing, the hearing officer shall receive and consider all relevant evidence. Any interested person shall be given a reasonable opportunity to be heard in conjunction therewith. Based upon the written evidence so presented, the hearing officer shall determine whether a nuisance within the meaning of this chapter exists.

(Prior code § 14-B.8)

Within 10 days after the hearing, the city manager or his or her designee, shall give written notice of the decision to the owner and to any other person requesting the same. If a nuisance is determined to exist, the notice shall contain an order of abatement directed to the owner of the affected property or the person in control and/or charge of the property, and shall set forth the nature of the graffiti, its location on the premises and the time and manner for its abatement. The city manager may impose such conditions as are reasonably necessary to abate the graffiti. The decision of the city manager may be appealed to the city council by the filing of a written request for appeal with the city clerk within 10 days after the city manager's notice of decision to the owner.

(Prior code § 14-B.9)

If the city manager's decision is not appealed and the nuisance is not abated within the time set by the order of abatement, the city manager or his or her designee is authorized to enter upon the premises and to abate the graffiti nuisance through utilization of labor, equipment and materials as directed by the city manager. The graffiti shall be removed as authorized herein, but the removal shall not involve the painting or repair of a more extensive area than is necessary for such removal. The city manager shall then prepare a statement of the fact of such abatement and of the expense incurred in abatement and shall file the statement with the city clerk. Such statement shall identify the premises and state the cost of the action taken. If the premises include more than one lot, each separate lot, or all of the lots may be set forth in the same statement.

(Prior code § 14-B.10)

Upon completion of the work required to abate the graffiti, the cost to the city to perform such work shall be assessed against the property owner pursuant to the procedures set forth in the Uniform Housing Code adopted by the city of Susanville.

(Prior code § 14-B.11)

Pursuant to Section 1714.1(b) of the California Civil Code, every parent or other legal guardian having custody or control of a minor who defaces property by inscribing graffiti thereon shall be jointly and severally liable with such minor for any resulting damages incurred by the property owner, or any other person, in an amount not to exceed $10,000 for each such act of defacement and for all attorney's fees and court costs incurred in connection with the civil prosecution for damages.

(Prior code § 14-B.12)

The remedies provided in this chapter are in addition to other remedies and penalties available under this code and the laws of the state of California.

(Prior code § 14-B.13)