A.
Intent and Purpose. The city council finds and declares that graffiti on public or private property creates a condition tending to reduce the value of such property, promotes blight and deterioration of surrounding property inviting further vandalism and loss of pride in affected neighborhoods and loss of business to neighboring commercial enterprises.
B.
Graffiti Defined. For the purposes of this section, "graffiti" means the unauthorized spraying of paint or marking of ink, chalk, dye or other similar substances depicting letters, numbers, words, symbols or insignia on public or private buildings, structures, fences, walls, signs, sidewalks, streets or other places.
C.
Prohibition. It is unlawful for any person to paint, chalk, or otherwise apply graffiti on public or privately owned structures located on public or privately owned property within the city.
D.
Removal of Graffiti. Graffiti may be removed by any of the following methods:
1.
Any person who applies graffiti within the city shall have the duty to remove the same within 24 hours after notice by the city or the public or private owner of the property involved. The failure of any person to so remove the graffiti shall constitute an additional violation of this chapter. Where graffiti is applied by juveniles, the parent or parents shall be responsible for such removal or for the payment therefor.
2.
Whenever the superintendent of public services or his/her designated representative determines that graffiti is located 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 superintendent or his/her designated representative is authorized to provide for the removal of the graffiti at the city's sole expense, without reimbursement from the property owner upon whose property the graffiti has been applied, upon the following conditions:
a.
In removing the graffiti, the painting or repair of a more extensive area than necessary to remove the graffiti shall not be authorized.
b.
When 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 which own the structures.
c.
Where a structure is privately owned, the removal of the graffiti by city forces or by a private contractor under the direction of the city, may be authorized only after securing the consent of the owner or person having legal control over the property.
3.
Graffiti located on privately owned structures on 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, may be removed by the city as a public nuisance, at the owner's expense, pursuant to the following provisions:
a.
Whenever the director of economic and community development or the director's designated representative is apprised of the presence of graffiti located on privately owned structures on privately owned real property within the city, the director or his/her designated representative may cause a written notice to be served upon the owner of the affected premises as such owner's name and address appear on the last equalized assessment roll, by depositing a copy of the notice with the U.S. Postal Service enclosed in a sealed envelope and with the postage thereon fully prepaid. The notice shall be registered or certified and addressed to the owner at the last known address of the owner, and if there is no known address, then in care of the property address. The service is complete at the time of such deposit. "Owner," as used in this section, means any person in possession as well as any person having or claiming to have any legal or equitable interest in the premises as described by a preliminary title search from any accredited title company. The failure of any person to receive such notice shall not affect the validity of any proceeding hereunder. The property owner shall have seven days after the date appearing on the notice to remove the graffiti and assessment of the costs of such removal as a lien on the subject property.
b.
The notice shall be substantially in the following form:
NOTICE OF INTENT TO REMOVE GRAFFITI |
|---|
Date: |
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 ____________, Los Alamitos, California, within seven days after the date appearing on this notice. Said 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 or its private contractors will be assessed against your property and such costs will constitute a lien upon the land until paid. |
All persons having any objection to, or interest in, said matters are hereby notified to submit any objections or comments to the Director of Economic and Community Development for the City of Los Alamitos or his/her designated representative within seven days from the date appearing on this notice. At the conclusion of this seven day period the City may proceed with the abatement of the graffiti inscribed on your property at your expense without further notice. |
The service of this notice shall be made on the day the notice is dated and by affidavit filed with the city clerk.
c.
If any objections are submitted to the director of economic and community development within seven days after the date appearing on the notice of intent to remove graffiti, the director shall schedule and hold a hearing on the matter which shall be substantially in accordance with the city council hearings described in Chapter 8.32 of the Los Alamitos Municipal Code.
E.
Rewards. The city council may, by resolution, establish a reward for information leading to the identification, apprehension and conviction of any property in the city. The resolution may require the convicted offender reimburse the city for any reward paid, and place responsibility for reimbursement upon the parent(s) or legal guardian(s) of any minor so convicted.
F.
Alternate Actions. Nothing in this chapter shall be deemed to prevent the city from commencing from pursuing any other means available to it under hazards or deficiencies in real property in addition to or as alternatives to the proceedings herein set forth.
(Ord. 532 § 1, 1990)