Whittier Municipal Code Ch. 8.22 Graffiti Abatement Fees and Procedure

The city council of the city finds and declares that:

A. The enlistment of business owners' active resistance to graffiti could be emphasized as a key element in combating graffiti crime.

B. In the past, the city has provided unlimited, free graffiti removal services. While this is a tremendous service to city businesses, and benefits the overall community in terms of eradicating graffiti, it provides no incentive to businesses to deal directly with the problem and formulate their own ideas, solutions and defense strategies as to how to avoid being victimized.

C. With the current economic crises, and the resulting reduction in number of staff directly assigned to graffiti abatement, it is essential that the city develop new approaches to reinforcing the program and maintaining and increasing its effectiveness.

D. Given the reduction in resources, the perpetual providing of free and unlimited graffiti abatement service, as the city's only approach to graffiti crime, is no longer an effective approach in and of itself. Other supportive policies must be developed and implemented.

E. The purpose of the provisions of this chapter is to provide an alternative method for graffiti abatement through the establishment of graffiti abatement fees to be applied to businesses within the city.

(Ord. 2593 § 1 (part), 1993)

Any graffiti placed and/or existing upon publicly or privately owned permanent structures located on publicly or privately owned real property within the city is declared to be indecent and offensive to the sense, thereby constituting a public nuisance. Such graffiti if not so removed as provided in this chapter, shall be abated as provided in this chapter.

(Ord. 2593 § 1 (part), 1993)

A. The city shall provide graffiti abatement services to a business within the city. The graffiti shall be removed free of charge provided that requests for the same do not exceed four per property with the same owner.

B. Where a business requires graffiti removal more than four times, the owner of such property may abate said nuisance by independent means or request removal by the city.

(Ord. 2593 § 1 (part), 1993)

A. Where an owner of commercial property requests graffiti removal pursuant to Section 8.22.030(B) of this chapter, the owner shall be required to pay a fee for such services.

B. Fees established by this section shall also apply where city abatement is mandated pursuant to Section 8.22.090 of this chapter.

C. Fees established herein shall be set periodically by resolution of the city council. Such fees shall include but are not limited to labor, procedural and overhead costs.

(Ord. 2593 § 1 (part), 1993)

A. Fees established pursuant to Section 8.22.040 of this chapter and set by resolution of the city council shall be made in a timely fashion. Where an owner of commercial property has requested graffiti abatement services and fails to make payment for the same, fees shall be assessed against the property as set forth in Section 8.22.100 of this chapter.

B. Where graffiti abatement has been mandated pursuant to Section 8.22.090 of this chapter, the owner of the affected property may render payment of fees established by Section 8.22.040, in order to avoid subsequent assessment against said property.

(Ord. 2593 § 1 (part), 1993)

The director of public works shall waive fees at his/her discretion, if he/she determines that the owner of the property/business is taking and continuing to take actions that prevent graffiti on his/her property.

(Ord. 2593 § 1 (part), 1993)

(Ord. No. 3112, § 2, 2-25-20)

Whenever a graffiti incident is reported to the city and the affected business has already received the graffiti abatement services as provided by Section 8.22.030, and the owner does not abate said nuisance by independent means or request removal by the city, notice to remove such graffiti shall be given pursuant to Section 8.22.070 of this chapter.

(Ord. 2593 § 1 (part), 1993)

Notice shall be given by posting in a conspicuous place upon or in front of the affected property. The notice shall be headed "NOTICE TO CLEAN PREMISES" in letters not less than one inch in height and, in legible characters, shall direct the removal of the graffiti, and refer to this chapter for further particulars. The notice shall be in substantially the following form:

NOTICE TO CLEAN PREMISES

NOTICE IS HEREBY GIVEN THAT UNDER THE PROVISION OF CHAPTER 8.22 OF THE WHITTIER MUNICIPAL CODE, GRAFFITI IS EXISTING UPON THE FOLLOWING DESCRIBED PROPERTY: (GIVE ADDRESS) AND THAT IT CONSTITUTES A PUBLIC NUISANCE WHICH MUST BE ABATED. IF REMOVAL OF THE GRAFFITI IS NOT MADE WITHIN THREE (3) DAYS FROM THE DATE OF THIS NOTICE, THE SAME SHALL BE REMOVED BY THE CITY, AND THE COST OF THE REMOVAL ASSESSED UPON THE PROPERTY FROM WHICH THE GRAFFITI IS REMOVED AND THE ASSESSED COST WILL CONSTITUTE A LIEN UPON SUCH LAND UNTIL PAID. ALL PERSONS HAVING ANY OBJECTION TO THE PROPOSED REQUIRED REMOVAL MAY APPEAL TO THE CITY COUNCIL, IN WRITING, WITHIN THREE (3) DAYS FROM THE DATE OF THIS NOTICE.

DATED: _____

DIRECTOR OF PUBLIC WORKS CITY OF WHITTIER

(Ord. 2593 § 1 (part), 1993)

Within three days from the date of the notice, the owner or any other person interested in the property, land or lots affected by said notice may appeal to the city manager. The city manager shall hear and pass upon the appeal, and the decision of the city manager thereon shall be final and conclusive.

(Ord. 2593 § 1 (part), 1993)

A. If within three days from the date of notice, the graffiti has not been removed from the premises in question as directed by the notice or by the city manager on appeal, the director of public works shall cause the same to be removed and may enter upon private property for the purpose of so doing.

B. If an appeal has been made to the city manager within three days from the date of the notices and if, upon appeal, the requirements of the original notice have been reversed, the city shall be responsible for any costs incurred as a result of action taken pursuant to Section 8.22.090(a) of this chapter.

(Ord. 2593 § 1 (part), 1993)

The director of public works shall keep or cause to be kept in his/her office a permanent record showing the legal description, as shown on the last equalized assessment roll of the county of Los Angeles, of each piece of property from which graffiti has been removed at city expense under the provisions of this chapter. The record book shall show any and all expenses incurred by the city in the removal of the graffiti as such expense relates to each separate property ownership. Said expenses are to be based on the fee established by Section 8.22.040 of this chapter.

(Ord. 2593 § 1 (part), 1993)

(Ord. No. 3112, § 2, 2-25-20)

Between the first and the seventh day of July of each year, the director of public works shall cause to be published in the official newspaper of the city, a notice that any person affected or aggrieved by any act or determination of the director of public works or of the city manager in connection with the provisions of this chapter may appeal to the city council. An appeal shall be in writing and shall be filed with the city clerk prior to the fifteenth day of July. At the next regular meeting of the city council after the fifteenth day of July, or from time to time thereafter as may be determined by the council, the council shall hear and pass upon each appeal, and the determination by the council thereupon shall be final and conclusive. In the event any determination of the director of public works is modified by determination of the city council or any assessment changed or corrected, the director of public works shall cause the correction to be made upon other record showing the assessment.

(Ord. 2638 § 2, 1994: Ord. 2593 § 1 (part), 1993)

At the expiration of the time for appeal, or upon the determination by the city council of all appeals so filed, and in compliance with the requirements of any determination so made, the director of public works shall deliver to the city clerk an abstract of the entries of the permanent record in which the director has shown each assessment for the preceding fiscal year. The abstract shall show the property affected and the amount charged against such property. The city clerk, prior to August 10th of each year, shall deliver to the county auditor of the county of Los Angeles the amount of each such charge to be placed upon the assessment roll against the respective lots, and thereafter the charges shall be of the same character and effect, subject to the same penalties, and shall be collected in the same manner and at the same time as city taxes. The provisions of this section shall not apply to any piece of property or land or lot if the charge against it has been paid prior to the delivery to the city clerk of the abstract. In that event, an appropriate entry shall be made in the record book by the director of public works showing that the charge had been paid.

(Ord. 2593 § 1 (part), 1993)

Proof of the posting, serving in person or mailing of any notice, order or determination provided for in this chapter shall be by affidavit of the person performing the duty, and the affidavit shall specify the time when the duty was performed. It shall be the duty of the director of public works to keep such affidavits among the official records in his/her office.

(Ord. 2593 § 1 (part), 1993)

(Ord. No. 3112, § 2, 2-25-20)

A. Any assessment or any portion of an assessment levied pursuant to the provisions of this chapter which, either before or after the effective date of the ordinance codified in this chapter, has been paid more than once, erroneously or illegally collected, paid in excess of the amount chargeable, or was not chargeable to the person or property paying the same under the provisions of this chapter, by reason of a clerical error of the employees or officials to the city, may be refunded by order of the city council in the same manner, to the same extent and under the same conditions as, at or after the effective date of the ordinance codified in this chapter, are provided by the city for refund of payments of general taxes, at any time after the abstract of charges, taken from the record book of the director of public works, has been delivered to the county assessor and entered upon the assessment books.

B. The owner of any property assessed who may claim that the assessment is void in whole or in part may pay the same under protest. The protest shall be in writing, shall be received by the city clerk on or before March 1st after the tax becomes due and payable, and shall specify whether the whole or any part of the assessment is void and the grounds upon which such claim is founded. An owner, after making payment under protest, may recover the same in the manner and under the conditions provided in Section 39585 of the Government Code of the state of California.

(Ord. 2593 § 1 (part), 1993)

The provisions of this chapter shall apply only to owners of commercial property within the city.

(Ord. 2593 § 1 (part), 1993)

"Graffiti" shall be as defined in Section 53069.3 of the California Government Code.

(Ord. 2593 § 1 (part), 1993)