The purpose of this chapter is to help prevent the spread of graffiti and to establish a program for its removal from public and private property. The spread of graffiti on both public and private buildings, structures, or places cause blight within the city which results in a deterioration of property and business values for adjacent and surrounding properties, all to the detriment of the city. The city council finds and determines that graffiti is obnoxious and a public nuisance which must be abated so as to avoid the detrimental impact of such graffiti on the city and to prevent the further spread of graffiti. The city council further finds that the application of graffiti, as defined herein, is wilful misconduct which damages or destroys property. Government Code Section 53069.3 permits the use of city funds to remove graffiti from public or privately owned permanent structures located on public or privately-owned real property in the city.
(Ord. 1550 § 2, 1993)
"Aerosol paint container"
means any aerosol container regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substance capable of defacing property.
"Felt tip marker"
means any indelible marker or similar implement with a tip which, at its broadest width is greater than one-eighth inch, containing an ink that is not water-soluble.
"Glass etching cream"
means an arts and crafts chemical product (either containing hydrofluoric acid or acid free) primarily used as a fast and inexpensive way to create designs on glass.
"Graffiti"
means any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on any surface of public or private buildings, structures and places.
"Graffiti implement"
means an aerosol paint container, glass etching cream, a felt tip marker, or a paint stick or etching tool capable of scarring glass, metal, concrete or wood.
"Paint stick"
or "graffiti stick" means any device containing a solid form of paint, chalk, wax, epoxy, glass etching cream or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth inch in width, visible from a distance of twenty feet, and not water-soluble.
(Ord. 1550 § 2, 1993; Ord. 1766 § 10, 2001)
A. 
It is unlawful for any person to paint, chalk, etch, or otherwise apply graffiti on public or privately-owned buildings, permanent structures, or places located on public or privately-owned property within the city.
B. 
It is unlawful for the owner of any private property to permit graffiti to remain so as to be capable of being viewed by a person utilizing any public right-of-way in the city such as a road, parking or alley.
(Ord. 1550 § 2, 1993)
No person shall have in his or her possession any graffiti implement while in any public park, playground, swimming pool, public recreational facility, public buildings or any public right-of-way in the city. This section shall not apply to authorized employees of any individual, agency, or company under contract with the city.
(Ord. 1550 § 2, 1993)
Graffiti may be removed by any of the following methods:
A. 
Any person applying graffiti within the city shall have the duty to remove same within twenty-four hours after notice by the city or the public or private owner of the property involved. Failure of any person to remove graffiti shall constitute an additional violation of this chapter. Where graffiti is applied by an unemancipated minor, the parent(s) shall be responsible for such removal or for the payment therefor.
B. 
Whenever the city manager or his/her designated representative determines that graffiti is so located on public or privately owned structures on public or privately owned real property within the city so as to be capable of being viewed by a person utilizing any public right-of-way in the city, the city manager, or his/her designated representative, is authorized to provide for the removal of the graffiti solely at the city's expense, without reimbursement from the property owner upon whose property the graffiti has been applied, upon the following conditions:
1. 
In removing the graffiti, the painting or repair of an area more extensive than where the graffiti is located shall not be authorized, except where the structure or property is city-owned and the city manager or his/her designee determines that a more extensive area is to be repainted or repaired, or where the private property owner, or other public entity owner agrees to pay for the costs of repainting or repairing a more extensive area;
2. 
Where a structure is owned by a public entity other than the city, the removal of the graffiti may be authorized only after securing the consent of the public entity having jurisdiction over the structure and release of the city from liability;
3. 
Where a structure is privately owned, the removal of graffiti by city forces or by a private contractor under the direction of the city may be authorized only after securing the written consent of the owner and release of the city from liability.
C. 
At the city's option or if a private property owner's consent cannot be obtained, graffiti which is located on privately owned permanent structures on privately owned real property within the city and which can be viewed by a person utilizing any public right-of-way in the city may be removed by the city at the owner's expense as a public nuisance pursuant to the following provisions:
1. 
The city manager or his/her designated representative shall cause written notice to be served upon the owner of the affected premises, as such owner's name and address appears on the last equalized roll, by depositing the notice in the U.S. Postal Service enclosed in a sealed envelope with first-class postage thereon fully prepaid. The mailed notice shall be certified and addressed to the owner as stated above, and if there is no known address, then in care of the property address. Service shall be complete at the time of deposit in the U.S. Postal Service. The failure of any person to receive such notice shall not affect the validity of any proceeding hereunder. The owner shall have five days after the date of service of the notice to remove the graffiti or be subject to city removal of the graffiti and assessment of the costs of such removal as a lien on the subject property;
2. 
The notice shall be on city letterhead in substantially the following form:
NOTICE OF INTENT TO REMOVE GRAFFITI
NOTICE IS HEREBY GIVEN that you are required at your expense to remove or paint over the graffiti located on the property commonly known as: _____ , Hawthorne, California, which is visible to public view, within five days after the date of this notice. The graffiti is visible to public view and therefore constitutes a public nuisance. If you fail to comply with this order City employees or private City contractors will enter upon your property and abate the public nuisance by removal or painting over of the graffiti. The cost of the abatement by the City employees or its private contractors will be assessed upon your property and such costs will constitute a lien upon the land until paid.
All persons having any objections to, or interest in said matters are hereby notified to submit any objections to the City Manager or his/her designated representative within five days from the date of this notice.
At the conclusion of this five day period the City may proceed with the abatement of the graffiti on your property at your expense without further notice.
3. 
Service of the notice by the city manager or his/her designated representative shall be made on the day the notice is dated and by affidavit, the original of which shall be filed with the city clerk;
4. 
If any objections are submitted to the city manager within five days after the date appearing on the notice of intent to remove graffiti, the city manager, or his/her designee, shall hold a hearing on the objections. If the city manager overrules the objections, the owner shall have five days from date of the manager's decision to remove the graffiti. The owner may appeal the manager's decision to the city council. The city council shall hold a hearing as soon as reasonable practicable. Its decision shall be final;
5. 
If no objections are submitted as set forth in (4) above, or if the objections are overruled following hearing, and if the owner fails to remove or fails to cause the graffiti to be removed by the designated date, or such continued date thereafter as the city manager or his/her designated representative approves, then the city manager or his/her representative shall cause the graffiti to be abated by city forces or private contract, and the city or its private contractor is expressly authorized to enter upon the premises for such purposes.
6. 
Should the city manager be required to abate the graffiti as set forth in (5) above, he or she shall thereafter follow the procedures set forth in Sections 8.22.150 and 8.22.250 regarding recovery of the costs of abatement, through assessment of the costs of abatement against the property as a lien. The notice of lien for purposes of this chapter shall be in a form substantially as follows:
"NOTICE OF LIEN
(Claim of the City of Hawthorne)
Pursuant to Government Code Section 25845 and the authority of Chapter 8.22 of the Hawthorne Municipal Code, the City Manager of the City of Hawthorne did on or about the __ day of _____ , 20__ , cause the painting over or removal of graffiti at the premises hereinafter described in order to abate a public nuisance on said real property; and the City Council of the City of Hawthorne did on the __ day of _____, 20__ assess the cost of such abatement upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Hawthorne does hereby claim a lien for such costs of abatement in the amount of said assessment, to wit: The sum of __________ dollars; 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 hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Hawthorne, County of Los Angeles, State of California and particularly described as follows:
DATED this __ day of _____ , 20__ .
_____________________________
City of Hawthorne, California
(Ord. 1550 § 2, 1993)
Pursuant to Government Code Section 53069.5, the city council may, by resolution, establish a reward for information leading to the identification, apprehension, or conviction of any person who places graffiti upon any public or private property in the city. In the event of damage to public property, said resolution may require that the convicted offender reimburse the city for any reward paid, and may place responsibility for reimbursement of such reward upon the parent(s) or legal guardian(s) of any unemancipated minor so convicted.
(Ord. 1550 § 2, 1993)
A copy of the report shall be posted for at least three days prior to its submission to the council, or near the chamber door of the council, with a notice of the time of submission.
(Ord. 1550 § 2, 1993)
At the time fixed for receiving and considering the report, the council shall hear it with any objections of the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary. The council shall then confirm the report by motion or resolution.
(Ord. 1550 § 2, 1993)
The costs of abatement in front of or upon each parcel of land constitutes a special assessment against that parcel. After the assessment is made and confirmed, it is a lien on the parcel.
(Ord. 1550 § 2, 1993)
If the county assessor and the tax collector assess the property and collect taxes for the city, a certified copy of the report shall be filed with the county auditor on or before August 10th. The descriptions of the parcels report shall be those used for the same parcels on the county assessor's map books for the current year.
(Ord. 1550 § 2, 1993)
The street superintendent may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the report and until ten days before a copy is given to the city assessor and tax collector, or where a certified copy is filed with the county auditor, until August 1st, following the confirmation of the report.
(Ord. 1550 § 2, 1993)
The council may order the city treasurer to refund any tax, or portion thereof, paid pursuant to the provisions of this chapter, provided that said tax, or portion thereof, is found and determine by the council to have been entered, charged or paid illegally or more than once, or through clerical error, or through the error or mistake of the council or the street superintendent in respect to any material fact, including the case where the cost rendered or confirmed as hereinbefore provided shows that the city abated the graffiti, but such is not the actual fact. No order for a refund shall be made except on a claim verified by the person who paid the tax, or his guardian, executor or administrator, and filed within three months after the payment sought to be refunded became due.
(Ord. 1550 § 2, 1993)