Chapter 8

Town Manager means the Town Manager or his or her designees.

ABATEMENT OF GRAFFITI

Article 1.

General Provisions

Graffiti on public or private property is a blighting factor which not only depreciates the value of the property which has been the target of such vandalism, but also depreciates the value of the adjacent and surrounding properties and in so doing has a negative impact upon the entire Town. In 1976, the Legislature added Section 53069.3 to the Government Code which authorizes the Town, under certain circumstances, to provide for the removal of graffiti and other inscribed materials from private as well as public property. The Council finds and determines that graffiti is obnoxious and a public nuisance and unless it and other inscribed materials are removed from public and private property they tend to remain. Other properties then become the target of graffiti with the result that entire neighborhoods are affected and the entire community depreciates in value and becomes a less desirable place in which to be. (Ord. No. 96-82 § 1 (part))

Owner means any person owning property, as shown on the last equalized assessment roll for city taxes or the lessee, tenant, or other person having control or possession of the property.

Person means any individual, partnership, corporation, association, or other organization, however formed.

(Ord. No. 96-82 § 1 (part))

Article 2.

Public Nuisance

Any graffiti that is located on public or private property so as to be capable of being viewed by a person utilizing any public right-of-way is hereby declared a public nuisance and shall be abated by rehabilitation, removal, or repair pursuant to the procedures set forth herein. The procedures for abatement set forth herein shall not be exclusive and shall not in any manner limit or restrict the Town from enforcing other Town ordinances or abating graffiti in any other manner provided by law. (Ord. No. 96-82 § 1 (part))

As used in this chapter:

Graffiti means the unauthorized painting, marking, burning, or staining with paint, ink, chalk, dye, acid, or other similar substances, or the unauthorized inscribing or etching with a glass cutter, chisel, drill bit, or other similar implement on public or private buildings, fences, walls, walkways, patios, plazas, or other similar structures and places.

Town means the Town of Windsor.

Whenever the Town Manager determines that there is graffiti that is visible from a public rightof-way on any property within the Town, he or she will give written notice, "Notice to Abate," to the owner of said property stating that the graffiti abatement ordinance codified in this chapter is being violated. Such notice shall set forth a reasonable time, in no event less than seven (7) calendar days, for the correcting of the violation(s) and may also set forth suggested methods of correcting the same. Such notice shall be served upon the owner in accordance with provisions of Section 3-8-215 covering service in person or by mail. (Ord. No. 96-82 § 1 (part))

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In the event owner shall fail, neglect, or refuse to comply with the "Notice to Abate," the Town Manager shall conduct an administrative hearing to ascertain whether said violation constitutes a public nuisance. (Ord. No. 96-82 § 1 (part))

Notice of said hearing shall be served upon the owner not less than seven (7) calendar days before the time fixed for hearing. Notice of the hearing shall be served in person, by first class mail, or by certified mail to the owner's last known address. Service shall be deemed complete at the time notice is personally served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. Notice shall be substantially in the format set forth below:

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The method(s) of abatement are:

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All persons having an interest in said matters may attend the hearing and their testimony and evidence will be heard and given due consideration.

Dated this day of , 19 .

NOTICE OF ADMINISTRATIVE HEARING ON ABATEMENT OF NUISANCE

This is a notice of hearing before the Town Manager (or his designees) to ascertain whether certain property situated in the Town of Windsor, State of California, known and designated as (street address) , in said City, and more particularly described as (Assessor's Parcel Number)

contains graffiti which constitutes a public nuisance under Municipal Code Section 3-8200 subject to abatement by rehabilitation, removal, or repair. If said graffiti is found to constitute a public nuisance as defined in this Ordinance and if the same is not properly abated by the owner, such graffiti may be abated by municipal authorities, in which case the cost of such rehabilitation, removal, or repair will be assessed upon such property and such costs, together with interest thereon, will constitute a lien upon such property until paid.

Said alleged graffiti consist of the following:

Town Manager

Time and Date of Hearing:________________

Location of Hearing:_____________________ (Ord. No. 96-82 § 1 (part))

• a. At the time stated in the notice, the Town Manager shall hear and consider all relevant evidence, objections or protests, and shall receive testimony under oath relative to such alleged graffiti and to proposed rehabilitation, repair, or removal of such graffiti. The hearing may be continued from time to time.

• b. If the Town Manager finds that such graffiti does exist and that there is sufficient cause to rehabilitate, remove or repair the same, the Town Manager shall prepare findings and an order, which shall specify the nature of the graffiti, the method(s) of abatement and the time within which the work shall be com-

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menced and completed. The order shall include reference to the right to appeal set forth in Section 3-8-230. A copy of the findings and order shall be served on all owners of the subject property in accordance with the provisions of Section 3-8-215. In addition, a copy of the findings and order shall be forthwith conspicuously posted on or near the property. (Ord. No. 96-82 § 1 (part))

• tested and the grounds for appeal, together with all material facts in support thereof;

5. The date and signatures of all appellants; and

6. The verification of at least one (1) appellant as to the truth of the matters stated in the appeal.

In the absence of any appeal, the graffiti shall be rehabilitated, repaired, or removed in the manner and means specifically set forth in said findings and order. In the event the owner fails to abate the graffiti as ordered, the Town Manager shall cause the same to be abated by Town employees or private contract. The costs shall be billed to the owner, as specified in Section 3-8-300. Absent consent to enter the subject property for the purpose of graffiti abatement, the Town Manager shall direct the Town Attorney to obtain the necessary judicial authority for entry and abatement purposes. (Ord. No. 96-82 § 1 (part))

• b. As soon as practicable after receiving the appeal, the Town Clerk shall set a date for the Council to hear the appeal which date shall be not less than seven (7) calendar days nor more than thirty (30) calendar days from the date the appeal was filed. The Town Clerk shall give each appellant written notice of the time and the place of the hearing at least five (5) calendar days prior to the date of the hearing, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal. Continuances of the hearing may be granted by the Council on request of the owner for good cause shown, or on the Council's own motion.

  - (Ord. No. 96-82 § 1 (part)) 
  

• a. The owner may appeal the Town Manager's findings and order to the Town Council ("Council") by filing an appeal with the Town Clerk within seven (7) calendar days of the date of service of the Town Manager's decision. The appeal shall contain:

  1. Specific identification of the subject property;

  2. The names and addresses of all appellants;

  3. A statement of appellant's legal interest in the subject property;

  4. A statement in ordinary and concise language of the specific order or action pro-

• a. All hearings shall be tape recorded.

• b. Hearings need not be conducted according to the technical rules of evidence.

• c. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make

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improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.

• d. Oral evidence shall be taken only on oath or affirmation.

• e. Irrelevant and unduly repetitious evidence shall be excluded.

• (Ord. No. 96-82 § 1 (part))

Upon the conclusion of the hearing, the Council shall determine whether the conditions of the property constitutes graffiti. If the Council so finds, the Council shall adopt a resolution declaring such graffiti to be a public nuisance, setting forth its findings and ordering the abatement of the same by having such graffiti rehabilitated, repaired, or removed in the manner and means specifically set forth in the resolution. The resolution shall set forth the time within which such work shall be completed by the owner, in no event less than thirty (30) days. The decision and order of the Council shall be final. (Ord. No. 96-82 § 1 (part))

A copy of the resolution of the Council ordering the abatement of said graffiti shall be served upon the owner(s) of the property in accordance with the provisions of Section 3-8-215. Upon abatement in full by the owner, the proceedings hereunder shall terminate. (Ord. No. 96-82 § 1 (part))

Article 3.

Abatement by Town

• a. If such graffiti is not abated as ordered within the abatement period, the Town Manager shall cause the same to be abated by Town employees or private contract. Absent consent to enter the subject property for the purpose of graffiti abatement, the Town Manager shall direct the Town Attorney to obtain the necessary judicial authority for entry and abatement purposes. The cost, including incidental expenses, of abating the graffiti shall be billed to the owner and shall become due and payable thirty (30) days thereafter. The term "incidental expenses" means and includes, but not be limited to, personnel costs, both direct and indirect, including attorney's fees; costs incurred in documenting the graffiti; the actual expenses and costs of the Town in the preparation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing required hereunder.

• b. A person shall not obstruct, impede, or interfere with the Town Manager, or his representative, or with any person who owns, or holds any interest or estate in any property in the performance of any necessary act, preliminary to or incidental, carrying out an abatement order issued pursuant to Sections 3-8220 and 3-8-240 of this chapter.

• (Ord. No. 96-82 § 1 (part))

Any action appealing the Council's decision and order shall be commenced within thirty (30) calendar days of the date of service of the decision. (Ord. No. 96-82 § 1 (part))

The Town Manager shall keep an account of the cost, including incidental expenses, of abating such graffiti on each separate lot or parcel of land where the work is done by the Town and shall render an itemized report in writing to the Town Council showing the cost of abatement, as defined in Section 3-8-300; provided that before said re-

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port is submitted to the Town Council, a copy of the same shall be posted for at least five (5) days upon or in front of such property, together with a notice of the time when said report shall be heard by the Town Council for confirmation. A copy of the report and notice shall be served upon the owners of said property in accordance with the provisions of Section 3-8-215 at least five (5) calendar days prior to submitting the same to the Town Council. Proof of the posting and service shall be made by affidavit filed with the Town Clerk. (Ord. No. 96-82 § 1 (part))

• a. The total cost for abating such graffiti, as so confirmed by the Town Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the County Recorder of a Notice of Lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.

• b. After such confirmation and recordation, a certified copy of the Council's decision shall be filed with the Sonoma County AuditorController on or before August 1st of each year, whereupon it shall be the duty of the Auditor-Controller to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment.

• c. In the alternative, after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

• (Ord. No. 96-82 § 1 (part))

Such Notice of Lien for recordation shall be in form substantially as follows:

NOTICE OF LIEN

(Claim of Town of Windsor)

Pursuant to the authority vested by the provisions of Section of Windsor Ordinance No. , the Town Manager of the Town of Windsor did on or about the day of , 19 , cause graffiti on the property hereinafter described to be removed in order to abate such public nuisance on said real property, and the Town Council of the Town of Wind-

sor did on the day of , 19 , assess the cost of such removal of said graffiti; and the same has not been paid nor any part thereof; and that the Town of Windsor does hereby claim a lien on such graffiti removal in the amount of said assessment, to wit; the sum of $ and the same, shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the Town of Windsor, County of Sonoma, State of California, and particularly described as follows:

(description)

Dated this day of , 19 .

Town Manager Town of Windsor

(Ord. No. 96-82 § 1 (part))

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