Vernon Municipal Code Ch. 9.20 Graffiti

Graffiti on public and private property is a blighting factor which not only depreciates the value of the property which has been the target of such malicious vandalism, but also depreciates the value of the adjacent and surrounding properties, and in so doing, negatively impacts upon the entire community. The City has in the past undertaken to remove graffiti from public property but has been unable to mount a successful program for encouraging the owners of private property to undertake to remove graffiti and other inscribed materials from walls, structures, etc. The last session of the Legislature adopted Chapter 330, adding Section 53069.3 to the Government Code and authorizing the City under certain circumstances to provide for the removal of graffiti or other inscribed material. The City Council finds and determines that graffiti is obnoxious and unless it and other inscribed material is removed from public and private properties, it tends to remain; and other properties are then in the target of graffiti with the result that entire neighborhoods and indeed the community is depreciated in value and made a less desirable place to be. The City Council therefor determines that it is appropriate that the City of Vernon develop procedures to implement the provisions of Section 53069.3 of the Government Code and provide for the removal of graffiti and other inscribed material from both public and private property under the circumstances set forth hereinafter.

(Prior code § 27.30)

A building, or structure, or sign that is marked or defaced with spray, paint, dye, or like substance, or other inscribed material in a manner commonly described as graffiti on public or private property as to be capable of being viewed by a person utilizing any public right-of-way in this City, be this road, parkway, alley, or otherwise, for a period of time longer than 10 days, is hereby declared to be a nuisance.

(Prior code § 27.31)

As used in this chapter, "party concerned" means the person, if any, in real or apparent charge and control of the premises involved, the record owner, the holder of any mortgage, trust deed or other lien or encumbrance of record, the owner or holder of any lease of record, the record holder of any other estate or interest in or to the building or structure, or the land upon which it is located. As used in this chapter, all reference to "record" means matters of record in the Department of Registrar-Recorder of Los Angeles County which definitely and specifically describes the premises involved.

(Prior code § 27.32)

In order to hear appeals provided for in this chapter, there shall be and is hereby created a Graffiti Appeals Board. The City Council shall be the Graffiti Appeals Board.

(Prior code § 27.33)

Whenever the Director of Public Works, or designee, determines by inspection that graffiti or other inscribed material is so located on public or private property as to be capable of being viewed by a person utilizing any public right-of-way in this City, be this road, parkway, alley, or otherwise, the Director of Public Works, or designee, shall order the abatement of the nuisance by removal of the graffiti or other inscribed material in accordance with the following procedures unless the owner of the property consents to the removal by the City of the graffiti or other inscribed material and executes such document as the City may provide relative to the removal of the graffiti or other inscribed material, then the Director of Public Works, or designee, is authorized to provide for the removal of the graffiti or other inscribed material. If the Director of Public Works, or designee, provides for the removal of the graffiti or other inscribed material, he or she shall not authorize nor undertake to provide for the painting or repair of any more extensive area than that where the graffiti or other inscribed material is located.

(Prior code § 27.34)

The Director of Public Works, or designee, in addition to any other notices hereafter required by this chapter, may give to the occupants of the public or private property, and to any other person whom he or she deems should be notified, information concerning the provisions of this chapter any violation thereof, how the person notified may comply with, and any other information as he or she deems expedient.

(Prior code § 27.35)

The Director of Public Works, or designee, including personnel designated by the City to remove graffiti, shall make reasonable efforts to obtain written consent of the property owner or legal occupant of the property prior to entering upon private property to remove said graffiti.

(Prior code § 27.36)

If, in the opinion of the Director of Public Works, or designee, any public or private property is found to have any graffiti or other inscribed material on it as defined in this chapter, the Director of Public Works, or designee, shall give to the party concerned written notice in the event that designated personnel from the City are unable to obtain written consent from an owner or occupant granting permission for the City of Vernon employees to enter upon their property for the sole purpose of graffiti removal.

(Prior code § 27.37)

The notice shall be in the following format:

NOTICE OF INTENT TO REMOVE GRAFFITI FROM PREMISES

OFFICIAL NOTICE is hereby given that you are required by the City of Vernon to remove or paint over the graffiti located on the property located at Vernon, California, at the owners expense. If graffiti, which is visible to the public view, is not removed within 15 days after date of delivery or mailed notification, City employees will enter upon the said property and abate the said graffiti which is stated to be a public nuisance by the removal or painting over of said nuisance. This abatement will be at City expense; however, your complete cooperation will be requested.

(Prior code § 27.38)

A. Proper service of the notice provided in Section 9.20.080 shall be by personal service, or by registered, or certified mail upon every party concerned and by posting on the private or public property a copy of the notice. It shall be deemed a reasonable effort has been made to serve such notice when registered or certified letters have been mailed to the address of the party concerned as shown on the official record. When an address is not so listed or contact cannot be made at the listed address, the service shall be by posting on the said property a copy of the notice.

B. The designated period within which the owner or persons in charge is required to comply with such notice shall begin as of the date he or she receives such notice by personal service or registered or certified mail. If such notice is by posting only, the designated period shall begin 15 days following the date of posting.

C. Failure of any owner, party concerned, or other person, to receive such notice shall not affect the validity of any proceedings taken hereunder if the procedure for service of notice has been followed.

(Prior code § 27.39)

Any party concerned, or the Director of Public Works, or designee, may request a hearing regarding the removal of graffiti or other inscribed material after the property is posted. A request by any person other than the Director of Public Works, or designee, shall be made in writing to the Graffiti Appeals Board within 10 days after the property is posted or receipt of notice. All persons who desire to be heard may appear before the Graffiti Appeals Board to show that the property does or does not have graffiti or other inscribed materials, or to show cause why the graffiti or other inscribed materials should not be ordered removed.

(Prior code § 27.40)

If neither the Director of Public Works, or designee, nor any concerned party requests a hearing and the condition as set forth in the notice of intent to remove graffiti from premises is not corrected within the time specified in such notice, the Director of Public Works, or designee, may enter upon such private or public property in order to remove the graffiti or other inscribed materials, or may cause such other work to be done to the extent necessary to abate the public nuisance and other conditions which have been found to exist.

(Prior code § 27.41)

If either the Director of Public Works, or designee, or any party concerned, requests a hearing within the proper time as provided in Section 9.20.110, the graffiti appeals board shall hold a noticed hearing. No less than 10 days prior to the hearing, the Director of Public Works, or designee, shall serve, or cause to be served, either in the manner required by law for the service of summons or by first class mail, postage prepaid, a copy of the notice of hearing upon every person whom this chapter requires that the notice of intent to remove graffiti from premises be served.

(Prior code § 27.42)

The notice of hearing shall state:

A. The street address and a legal description, sufficient for identification of the public or private property upon which the graffiti or other inscribed material is located;

B. The conditions because of which the Director of Public Works, or designee, believes that the property is a public nuisance; and

C. The date, hour, and place of the hearing.

(Prior code § 27.43)

The Director of Public Works, or designee, shall post one copy of the notice of hearing in a conspicuous place on the public or private property involved, not less than 10 days prior to the hearing.

(Prior code § 27.44)

A. The Graffiti Appeals Board shall hold a hearing and consider all competent evidence offered by any person pertaining to the matters set forth in the report of the Director of Public Works, or designee.

B. The Graffiti Appeals Board shall make written findings of fact as to whether or not the removal of graffiti or other inscribed material on public or private property as defined in this chapter is necessary.

(Prior code § 27.45)

When the Graffiti Appeals Board finds that the removal of graffiti or other inscribed material on public or private property is necessary, it is declared a public nuisance and based upon its findings, the Board shall order the abatement of this nuisance by removal of said graffiti or other inscribed material.

(Prior code § 27.46)

If any order of the Graffiti Appeals Board made pursuant to Section 9.20.170 and not superseded is not complied with within the period designated by the Board, the Director of Public Works, or designee, may then enter upon such private or public property in order to remove the graffiti or other inscribed materials, or may cause such other work to be done to the extent necessary to remove the graffiti and other inscribed materials determined to exist by the Graffiti Appeals Board.

(Prior code § 27.47)

The costs involved in the removal or other work by the Director of Public Works, or designee, shall be paid by the City.

(Prior code § 27.48)

Any business establishment offering for sale to the public aerosol paint containers of six ounces or less shall keep, store, and maintain such aerosol paint containers in a place that is locked and secure, or otherwise made unavailable to the public.

(Prior code § 27.49)