For the purposes of this Chapter, "graffiti" means the unauthorized
spraying of paint or marking of ink, chalk, dye or other similar substances
on public or private buildings, structures, or places.
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.
The following regulation shall apply to the sale and possession
of pressurized paint cans in the City:
(a)
No
person shall sell any pressurized can containing any substance commonly
known as paint or dye to anyone under the age of 18 years and no person
under the age of 18 years shall purchase any pressurized can containing
paint or dye; and
(b)
No
person shall have in his or her possession any pressurized can containing
any substance commonly known as paint or dye while in any public park,
playground, swimming pool, or recreational facility in the City. This
Section shall not apply to authorized employees of the City of Dana
Point, the Capistrano Bay Parks and Recreation District, or any individual
or authorized employee of any individual, agency, public utility,
or company under contract with the City.
Graffiti may be removed by any of the following methods:
(a)
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 said graffiti shall constitute an additional violation
of this Chapter. Where graffiti is applied by anyone under the age
of 18 years, the parent, parents or legal guardian shall be responsible
for such removal or for the payment therefor;
(b)
Whenever
the Director determines that graffiti is 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 Director/Designee is authorized
to provide for the removal of said 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:
(1)
In removing the graffiti, the painting or repair of a more extensive
area than necessary to remove said graffiti shall not be authorized;
(2)
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 owns the structure;
(3)
Where a structure is privately owned, the removal of the graffiti
by City or by a private contractor under the direction of the City,
may be authorized only after securing the consent of the owner.
(c)
Graffiti
located on privately or publicly owned structures on privately or
publicly 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:
(1)
Whenever the Director is apprised of the presence of graffiti located
on privately owned structures on privately owned real property within
the City, or when the Director is apprised of the presence of graffiti
located on publicly owned structures on publicly owned real property
located within the City to the extent the City has exclusive or concurrent
jurisdiction over the same, the Director 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 said 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 Chapter, 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 five days
after the date appearing on 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 substantially in the following form:
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"NOTICE OF INTENT TO REMOVE GRAFFITI
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Date:
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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 ________, Dana Point, California, within five 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.
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All persons having any objections to, or interest in said matters
are hereby notified to submit any objections or comments to the Director
of Community Development for the City of Dana Point or his/her designated
representative within five days from the date appearing on this notice.
At the conclusion of this five day period the City may proceed with
the abatement of the graffiti inscribed on your property at your expense
without further notice."
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The service of this notice shall be made on the day
the notice is dated and by affidavit filed with the City Clerk.
The City Council may, by Resolution, establish a reward for
information leading to the identification, apprehension and conviction
of any person who places graffiti upon any public or private property
in the City. Said Resolution may require that 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.
Nothing in this Article shall be deemed to prevent the City
from commencing a civil or criminal proceeding to abate a public nuisance
or from pursuing any other means available to it under provisions
of applicable Ordinances or State Law or correct hazards or deficiencies
in real property in addition to or as alternatives to the proceedings
herein set forth.
