Chapter 9.20 — GRAFFITI PREVENTION AND REMOVAL

This chapter shall be known and may be cited as the "Graffiti Prevention and Removal Ordinance."

(Prior code § 41100; Ord. 91-318 § 1, 1991)

For the purposes of this chapter:

"Graffiti" shall mean any writing, printing, symbol, figure, design or other inscribed material written, sprayed, painted, scratched, etched, engraved, or otherwise applied to any exterior surface of a building, wall, fence, tree, sidewalk, curb or other structure without the prior consent of the owner or person in possession thereof.

"Hearing officer" shall mean the Landscape and Building Manager or his or her successor or such city employee or officer as shall be designated by the Landscape and Building Manager or his or her successor.

"Manager" shall mean the Landscape and Building Manager for the City of West Hollywood or designee.

(Prior code § 41101; Ord. 91-318 § 1, 1991)

Pursuant to California Government Code Section 38771 the City Council hereby declares the maintenance of graffiti visible from a public street or alley to constitute a nuisance, the abatement of which shall be provided as set forth herein. (Prior code § 41102; Ord. 91-318 § 1, 1991)

No person shall permit any graffiti which is within public view to remain on any building, structure, tree, shrub, sidewalk or curb owned or possessed by such person. (Prior code § 41103; Ord. 91-318 § 1, 1991)

Violation of this chapter shall constitute a misdemeanor punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

(Prior code § 41104; Ord. 91-318 § 1, 1991)

The Manager is hereby authorized to remove graffiti from any property or structure owned by the City of West Hollywood, and pursuant to California Government Code Section 53069.3 is authorized to remove graffiti from any other publicly owned structure after securing the consent of the public entity having jurisdiction over the structure. (Prior code § 41105; Ord. 91-318 § 1, 1991)

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City of West Hollywood, CA § 9.20.070

WEST HOLLYWOOD CODE

§ 9.20.110

Whenever the Manager determines that graffiti is being maintained upon any premises within the city in violation of Section 9.20.040, the Manager shall send written notice to the owner or possessor of the premises of such condition and shall require that the graffiti be removed. The notice and order shall be sent by certified or registered mail to the owner as shown on the most recent equalized assessment roll and a copy shall be posted on the subject property. The notice shall state that the owner must remove the graffiti or consent to its removal by the city within fifteen days from the date the notice was mailed. The notice and order shall also state that if the property owner or possessor desires to cause the graffiti to be removed, such person shall sign a consent to enter and release of liability order form to permit the city's crews or contractor to enter upon the property for purposes of removing the graffiti. (Prior code § 41106; Ord. 91-318 § 1, 1991)

Upon receipt of the property owner's written consent or the written consent of a person authorized by the owner to give consent, the Manager is hereby authorized to remove graffiti from privately owned property through the utilization of city crews or contractors. The Manager is authorized to provide for the abatement of graffiti only, and is not authorized to provide for the painting or repair of a more extensive area.

(Prior code § 41107; Ord. 91-318 § 1, 1991)

The Manager may initiate proceedings to abate any graffiti maintained contrary to the provisions of this chapter only after the following has occurred:

• a. The Manager has determined that graffiti within public view exists on particular premises in the city;

• b. A notice of such condition has been sent to the property owner pursuant to Section 9.20.070; and

• c. 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.

• (Prior code § 41110; Ord. 91-318 § 1, 1991)

Prior to the city abating graffiti on private property without the consent of the owner, a hearing before the Manager 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 Manager shall be sent to the property owner not less than ten days prior to the hearing. (Prior code § 41111; Ord. 91-318 § 1, 1991)

• a. The Manager shall cause to be served upon the owner as shown on the latest equalized tax assessment roll of the affected premises a copy of said notice and shall cause a copy thereof to be conspicuously posted on the affected premises.

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City of West Hollywood, CA

PUBLIC PEACE AND SAFETY

§ 9.20.110

§ 9.20.160

• b. Said notice shall be posted and served, as aforesaid, at least ten days before the time fixed for such hearing; proof of posting and service of such notice shall be made by declaration under penalty of perjury filed with the hearing officer.

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

(Prior code § 41112; Ord. 91-318 § 1, 1991)

The hearing to determine whether a nuisance exists shall be conducted by the Manager or his or her duly authorized representative as the hearing officer. At the hearing, the Manager shall consider all relevant evidence, including but not limited to applicable staff reports. Any interested person shall be given a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the Manager shall determine whether a nuisance within the meaning of this chapter exists.

(Prior code § 41113; Ord. 91-318 § 1, 1991)

The Manager or designee (within ten working days of the hearing) shall give written notice of his or her decision to the owner and to any other person requesting the same. The notice shall contain an order of abatement, if a nuisance is determined to exist, directed to the owner of the affected property or the person in the 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 Manager may impose such conditions as are reasonably necessary to abate the graffiti. The decision of the Manager may be appealed to the City Council by the filing of a written request for appeal with the City Clerk within ten days after the Manager's notice of the decision to the owner.

(Prior code § 41114; Ord. 91-318 § 1, 1991)

If the Manager's decision is not appealed and the nuisance is not abated within the time set by the order of abatement, the Manager is authorized to enter upon the premises and to abate the graffiti nuisance with city crews or contractors. The 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 § 41115; Ord. 91-318 § 1, 1991)

Upon completion of the work required to abate the graffiti, the cost to the city to perform such work may be assessed against the property owner pursuant to the procedures set forth in Section 19.56.070 and may be charged on the next regular tax bill pursuant to Section 19.56.080 of this code.

(Prior code § 41116; Ord. 91-318 § 1, 1991)

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City of West Hollywood, CA § 9.20.160

WEST HOLLYWOOD CODE

§ 9.20.190

No person shall sell, give or in any way furnish six ounces or less of an aerosol container of paint to another person who is under the age of eighteen years. This section shall not apply to the furnishing of six ounces or less of an aerosol container of paint to a minor for the minor's use or possession under the supervision of a minor's parent, guardian, instructor or employer. (Prior code § 41120; Ord. 91-318 § 1, 1991)

The City Manager or designee is hereby authorized to post a notice at appropriate locations indicating that pursuant to California Penal Code Section 594.1 no person shall carry any aerosol can of paint into or upon any city-owned building, grounds, park or other city facility without the permission of an authorized city officer.

(Prior code § 41121; Ord. 91-318 § 1, 1991)

Pursuant to Section 1714.1(b) of the California Civil Code, every parent or 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 in an amount not to exceed $25,000 for each such act of defacement. (Prior code § 41125; Ord. 91-318 § 1, 1991)

The remedies provided in this chapter are in addition to other remedies and penalties available under the West Hollywood Municipal Code and the laws of the State of California. (Prior code § 41126; Ord. 91-318 § 1, 1991)

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City of West Hollywood, CA

PUBLIC PEACE AND SAFETY

§ 9.22.010

§ 9.22.030