Windsor Municipal Code Art. 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))

Whenever the Town Manager determines that there is graffiti that is visible from a public right-of-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))

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:

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 3-8-200 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:

_____

_____

_____

_____

_____

The method(s) of abatement are:

_____

_____

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;yrule;.

___________

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 commenced 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))

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))

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 protested 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.

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. 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 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))

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))