means any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on any structural component of any building, or on any wall, structure, or other facility regardless of the nature of the material of that structural component, wall, structure or other facility.
Graffiti visible from any place open to the public is hereby declared to be a public nuisance.
(a)
Removal by City With Property Owner's Consent. Notwithstanding any other provision of the Indian Wells Municipal Code to the contrary, whenever the City Manager or designated representative determines that graffiti or other inscribed material is obnoxious and is so located on public or private property as to be capable of being viewed from any public right-of-way in this City, and the owner of the property consents to the removal by the City of the graffiti or other inscribed material and executes such document as may be required by the City relative to the removal of the graffiti or other inscribed material, then the City Manager or designated representative is authorized, but not required, to provide for removal of the graffiti or other inscribed material.
If the City provides for the removal of graffiti or other inscribed material at no cost to the property owner, the painting or repair shall not extend to any more extensive area than that where the graffiti or other inscribed material is located.
(b)
Removal by Property Owner—Nuisance Abatement. Whenever the City Manager or designated representative determines that graffiti is located on public or privately owned permanent structures located on public or privately owned real property within the City so as to be a public nuisance, the City Manager or designated representative is authorized to notify the affected property owner, giving him or her fifteen (15) days to remove all graffiti from the premises.
In the event the graffiti has not been removed in the specified time period, the City Manager or designated representative may, following written notice to subject property owner(s), initiate enforcement action(s) against such property owner(s) or agent(s) as established in the abatement procedures in Chapter 8.08 of this Code.
(c)
Remedies—Attorney's Fees. In addition to any other remedies for violation of provisions in this Code in force, the City may bring and maintain any action permitted by law to restrain, correct, or abate any violation of this Chapter and in the event that legal action is brought by the City, reasonable attorney's fees and court costs shall be awarded to the City and shall constitute a debt owed by the violator to the City. The City may place a lien on the affected property in the event any debts so incurred are not timely paid.
(a)
Reward Determined by Resolution. A reward in an amount established by resolution of the City Council is authorized, offered and may be paid by the City to any person who provides information leading to the determination of the identity of, and the apprehension of, any person who willfully or maliciously paints, mars or defaces any public or private structure located on private or public property within the City.
(b)
Amount of Payment of Reward Determined by City Council. The exact amount of the reward to be paid by the City shall be determined by the City Council after receipt of a report from the City Manager indicated that information was received leading to the determination of the identity of, and the apprehension of, a person who willfully or maliciously painted, marred or defaced a structure located on public or private property located within the City, and indicating the final disposition of such matter.
No law enforcement officer, municipal officer, official or employee of the City shall be eligible for such reward.
(c)
Reimbursement to City of Reward by Violator. Any person responsible for willfully painting, marring or defacing a structure in the City shall be liable for the amount of any reward paid by the City pursuant to this Section, and if that person is a minor, his or her parent or guardian shall also be liable for said amount. Any person owing money shall be liable in any action brought in the name of the City for the recovery of such amount, including reasonable attorney fees.
Any owner, manager or employee of a commercial and/or retail story within the City of Indian Wells that has for sale aerosol containers of spray paint shall have such containers in a locked storage or display compartment, not accessible to the public without assistance from a person authorized by such owner, manager, or employee.
Violation of any of the provisions of this Chapter, by any person, firm, partnership, association, corporation, customer, owner, occupant or agent, constitutes an infraction. Such person or entity shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued, or takes place.
(Ord. 308 § 1, 1992)