Twentynine Palms Municipal Code Ch. 11.16 Graffiti

It shall be unlawful for any person to paint, chalk or otherwise apply graffiti or other inscribed material on public or privately owned structures located on public or privately owned real property within the City.

(91-92 § 2)

As used herein, "graffiti" means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on any structural component of any building, structure or other facility, regardless of the nature of the material of that structural component.

(91-92 § 2)

Whenever the Community Development Director or Code Enforcement Officer or their designee determines that the graffiti is obnoxious and is capable of being viewed by any person within the City's limits, the City is authorized to provide for the removal of the graffiti by either of the procedures set out in Sections 11.16.040 or 11.16.050.

(91-92 § 3)

Notwithstanding any provisions herein, any property owner or occupant may request that at City expense City remove from his or her property graffiti not generated or placed there by such owner or occupant. Any such request shall be addressed to the City Manager. The City may agree to such removal or may request payment in whole or in part from the property owner or applicant.

If graffiti exists on privately owned property, or property owned by another public agency, the City or its contractor shall obtain the written consent of the property owner and/or occupant, agent or person having care, charge, custody, and control of the property before proceeding to remove such graffiti. Said property owner shall also execute a release and waiver approved as to form by the City Attorney. After acquiring the executed release and waiver, the City at its expense or with the contribution of the property owner may remove said graffiti, but shall not paint or repair a more extensive area.

(91-92 § 4)

(a) Public Nuisance—Duty of Owner. Any and all graffiti as defined in this Chapter, existing or maintained for over three (3) consecutive calendar days on private property shall constitute a public nuisance. The owner or occupant of such property shall be responsible for the abatement of the nuisance by the removal of such graffiti.

(b) Notice to Abate Nuisance. Whenever the City Manager, Code Enforcement Officer or their designee deems it necessary to enforce this Chapter, he/she shall issue a "Notice to Abate Nuisance by Removal of Graffiti" by either of the following methods:

(1) Personal delivery mailing to the owner as shown on the tax rolls and to any occupant of the property, or by posting the property; and

(2) The "Notice" shall be substantially in the form illustrated by Figure 1.

(3) Emergency Procedure. Whenever, in the opinion of the City Manager or Code Enforcement Officer or their designee, there is any immediate detriment to the public welfare and safety, such that abatement must be undertaken in less than seven (7) days, he or she may take the steps necessary to protect property or the public welfare and safety without first giving notice as required under this Chapter or after giving such notice as is possible under the circumstances. Notwithstanding, notice set out here shall be given as soon as possible after such abatement begin.

(c) Appeal Procedure. Any person who is affected by the Notice of Abatement set forth herein may appeal to the Planning Commission within the time for compliance with the order by an appeal in writing filed with the issuing officer or department supervisor of such officer. A timely appeal shall stay any further action until the date set for public hearing. The officer receiving the written appeal shall inform the issuing officer, who shall set the matter for public hearing before the Planning Commission and notify the appellant of the date set for such hearing, at least fifteen (15) days prior to such date. If the appellant resides outside the City, the above period of notice shall be at least thirty (30) days. The Planning Commission shall act on the appeal within fifteen (15) days of the public hearing and written notice shall be mailed to appellant immediately thereafter.

(d) Appeal to City Council. Any decision of the Planning Commission may be appealed to the City Council by filing a written notice of appeal with the City Clerk or his/her deputy within ten (10) days of receipt of the Planning Commission opinion. The City Council shall conduct a public hearing within thirty (30) days of the filing of such notice. No abatement shall be carried out during that time. The decision of the City Council shall be mailed to the appellant within ten (10) days thereof and shall be final.

(e) Giving of Notice. All notices hereunder shall be deemed given when deposited in the mail first class, certified, return receipt requested, posted, or personally delivered.

(f) Abatement by City. As to any lot or parcel within the City as to which no such written appeal shall have been filed within ten (10) days after the posting and/or mailing of such notices, upon expiration of said period, or upon exhaustion of all appeals, the Code Enforcement Officer or such other designated officers, assistants, employees, contract agents or other representatives, are authorized and directed to abate any and all such nuisances upon such lots or parcels of property and are hereby expressly authorized to enter upon private property for the purpose of posting or serving notice or abating a public nuisance or violation of this Chapter.

(91-92 § 5)

(a) In abating a nuisance under Section 11.16.050, the Code Enforcement Officer or other designated officials shall keep an account of the costs of abatement, including incidental expenses, and shall render an itemized report in writing to the City Council showing the total costs of the abatement, including incidental expenses necessarily incurred. The term "incidental expenses" shall include administrative overhead, the cost of printing, advertising and/or posting provided for in this Chapter, the compensation of the person appointed by the City to take charge of and superintend any of the work authorized under this Chapter, legal expenses, and the expenses of preparing and typing the resolutions, notices and other papers and hearings and other proceedings for such work and any other expenses incidental to the completion and inspection of the work.

(b) The Code Enforcement Officer or such other designated officials shall also transmit to the City Treasurer a copy of the record of costs of abatement. The City Treasurer shall mail to each person whom a lot or parcel of land is assessed at the last known address of such person as shown in the City records, or on the last equalized assessment roll or supplemental roll, whichever is most current, a statement of the charge proposed to be assessed against any such lot or parcel of land under the provisions of this Chapter. Such mailing shall be made not later than ten (10) days prior to the time set for the Council hearing to confirm such assessments under Section 11.16.090 of this Chapter and shall include a notice of the time and place for which the hearing has been set. Failure of any record owner to receive any such mailed notice and statement shall not affect the validity of any proceedings under this Chapter.

(91-92 § 6)

Within thirty (30) days after the service thereof, any persons so served may have a public hearing before the City Council at a regular meeting of the City Council falling within such period, at which time the City Council shall hear any objections to such accounting and record of costs of abatement. The City Council, at the public hearing, if one is requested, or at any other regular meeting if no public hearing is requested, shall make any modifications in the record of costs of abatement as it deems necessary, after which, by order or resolution, the record of costs of abatement shall be confirmed.

(91-92 § 7)

The amounts of the cost for abating the public nuisance and violation from the land, as confirmed, shall constitute a special assessment against that land.

(91-92 § 8)

(a) A copy of the special assessment as confirmed shall be filed with the County Auditor/Tax Collector between July 1 and September 8 of each year who shall enter the amount of the assessment against the parcel of land as it appears in the current assessment roll. The Tax Collector shall include the amount of the assessment on the bills for taxes levied against lots and parcels of land. Thereafter, the amount of the assessment shall be collected at the same time and in the same manner as City taxes are collected, and be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary City taxes. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. Notices or instruments relating to the abatement proceeding or special assessment shall be entitled to recordation. On land for which no property tax is due, the special assessment shall be collected at the same time taxes on such land would be collected, and in a similar manner.

(b) Alternatively, the City Council may utilize the lien procedure set out in Government Code Section 38773.1.

(91-92 § 9)

All or any portion of any such special assessment, penalty, or cost entered pursuant hereto, shall on order of the City Council be cancelled by the City Treasurer if uncollected, refunded by the City Treasurer if collected, if it or they were entered, charged or paid:

(a) More than once;

(b) Through clerical error;

(c) Through the error or mistake of the City Council or the public officer with respect to any material fact; or

(d) Illegal.

(91-92 § 10)

It shall be unlawful for any person to place, put, mark, etch, scratch, draw, paint, or cause to be placed, put, marked, etched, scratched, drawn, or painted graffiti on any component of a building, structure or other facility.

(91-92 § 11)

Any person violating any of the provisions of this Chapter shall be deemed guilty of an infraction.

(91-92 § 12)

The provisions of Ordinance No. 64 are hereby repealed in their entirety.

(91-92 § 14)

Chapter 11.16: Figure 1

Notice to Abate Nuisance by Removal of Graffiti