Note: Prior code history: Prior code §§ 2133—2138.
A. 
The City Council hereby finds and declares that:
1. 
Graffiti is detrimental to the health, safety, and welfare of the public in that it supports a perception in the community that the laws protecting public and private property can be disregarded with impunity.
2. 
This perception fosters disrespect for the law that results in an increase in crime; is detrimental to property values, business opportunities and the enjoyment of life, conflicts with the City's property maintenance goals and aesthetic standards, and results in additional graffiti and the targeting of other properties for vandalism unless graffiti is quickly removed from public and private property.
3. 
Graffiti is a threat to public safety and must be promptly abated, as provided herein, to prevent its proliferation and harm to persons and property in the City, as the re-application, and spread of, graffiti has been found to dramatically decrease when it is removed quickly.
4. 
This Chapter is intended to be consistent with Government Code Sections 38772 et seq., and with Government Code Section 53069.3 which authorize enactment of ordinances for the use of City funds to remove graffiti from walls and structures located on public and on private real property.
5. 
Enlisting the support of business and property owners in the City and their assistance with and consent to abate graffiti on their properties are recognized and emphasized as key elements in combating graffiti vandalism.
6. 
The purposes of this Chapter are to (a) provide regulations aimed at prevention and control of graffiti vandalism and (b) to provide for a City program for the removal of graffiti from walls, pavement, structures, and other improvements on both public and private property. Towards that end, the City Council hereby deems it appropriate for the Police Chief, acting under the supervision of the City Manager, to utilize City funds and designate City employees, volunteers, or contractors necessary to carry out a program of effective and prompt graffiti removal for all real property within the City.
B. 
For the purposes of this Chapter, the following words and phrases have the meanings set forth below.
"Abate; abatement"
means to promptly and correctly remove graffiti; the removal of graffiti.
"Abatement accounting"
means an itemized accounting of the City's graffiti abatement costs for a particular parcel of real property.
"Aerosol paint container"
means a container, regardless of the material from which it is made, that is adapted or crafted for the purpose of spraying paint or similar substances capable of defacing property.
"Felt-tip marker" or "marking pen"
means a marker or similar implement containing indelible ink with a tip which, at its broadest, is wider than one-eighth inch.
"Graffiti"
means any inscription, word, figure, marking, or design that is marked, etched, inscribed, scratched, drawn, affixed, or painted on any property, including any building, structure, fixture, permanent or temporary improvement, or vehicle.
"Graffiti abatement action"
means an administrative procedure which identifies graffiti, provides notice to the property owner to abate the graffiti, and authorizes abatement by the City absent prompt abatement by the property owner.
"Graffiti abatement notice"
means written notice informing a property owner that graffiti exists on his or her property and advising that it must be removed within three days after notice, or the City will remove it at owner expense.
"Graffiti abatement order"
means an order by the Police Chief or designee that graffiti exists on the property and directing its prompt abatement.
"Graffiti tool"
means an aerosol-type paint container, etching cream, etching tool, felt-tip marker, paint stick, spray actuator, bumper sticker, sticker, or any device or material capable of being used to create a mark at least one-quarter inch wide and/or visible from a distance of five feet.
"Minor"
means a person under 18 years of age.
"Paint stick"
means a device containing a solid form of paint, chalk, wax, epoxy, or similar nonwatersoluble substance, capable of being applied to a surface to leave a mark at least one-quarter inch wide and/or visible from a distance of five feet.
"Property owner"
means any person or party identified as legal owner of a parcel of real property listed on the latest equalized tax assessment rolls of Santa Barbara County; if designated in writing, the owner's authorized agent; any person who has the legal right to occupancy, possession, or management of the vandalized real property.
"Responsible adult"
means a parent, legal guardian, or schoolteacher of an individual under 18 years of age.
"Spray actuator, spray tip or button"
means an object capable of attachment to an aerosol paint container for the purpose of spraying the substance in the container.
(Ord. 1544(07) § 1; Ord. 1673(20) § 42)
Any person who maliciously defaces with graffiti or other inscribed material any real or personal property is subject to the penalties set forth in California Penal Code Sections 594, 640.5, 640.6, and other applicable state laws, as they may be amended from time to time.
(Ord. 1544(07) § 1)
A. 
It is unlawful for any person to possess any graffiti tool for the purpose of defacing, marking, or damaging any public or private property.
B. 
No person shall have in his or her possession any graffiti tool while in any public park, playground, swimming pool, or recreational facility in the City. This Subsection does not apply to authorized employees of the City of Lompoc or to authorized employees or agents of any person or party under contract with the City.
C. 
No minor shall purchase or possess any graffiti tool unless accompanied by a responsible adult or while he or she is attending, or traveling to or from, a school at which he or she is enrolled, if he or she is participating in a class at said school which has, as a written requirement, the need to use a graffiti tool.
D. 
No person shall supply, sell, or give any graffiti tool to a minor, nor aid or abet a minor in purchasing or obtaining any graffiti tool, except as provided in Subsection C of this Section.
E. 
Every person who owns, conducts, operates, or manages a commercial retail establishment selling any graffiti tool shall store or cause such tools to be stored in an area that is not accessible, without employee assistance, to the public in the regular course of business, pending legal sale of such tools. Visibility of properly stored graffiti tools is permitted but not required.
F. 
Every person who owns, conducts, operates, or manages a commercial retail establishment selling any graffiti tool shall place a sign in clear public view at, on, or near the display of each such product, stating:
GRAFFITI IS A CRIME. ANY PERSON DEFACING PROPERTY WITH PAINT OR OTHER DEVICES IS GUILTY OF A CRIME PUNISHABLE BY IMPRISONMENT UP TO SIX MONTHS, A FINE OF $1,000 PER INCIDENT, AND PAYMENT OF COSTS OF GRAFFITI REMOVAL.
G. 
Every person who owns, conducts, operates, or manages a commercial retail establishment selling any graffiti tool shall inform all persons who will be responsible for accepting customer payment for graffiti tools of the prohibitions of this Chapter and the exemptions contained herein.
(Ord. 1544(07) § 1)
The City Council finds and determines that the existence of graffiti on public or private real or personal property within the City is a public nuisance which must be abated to remove this condition of blight.
(Ord. 1544(07) § 1)
A. 
It is unlawful for any person owning or otherwise controlling any real or personal property within the City to permit or allow any graffiti to be placed upon or remain upon such property when graffiti is visible from the street or from other public or private property, for more than 72 hours after the occurrence of graffiti vandalism.
B. 
Any person applying graffiti within the City shall remove the same within 24 hours after notice by the City or by the owner of the vandalized public or private property. Failure of any person to so remove graffiti constitutes an additional violation of this Chapter. Where graffiti is applied by juveniles, the parent or parents are responsible for such removal or for the payment therefor.
C. 
Should the property owner contact the City within 48 hours after the occurrence of graffiti vandalism, the City shall assist in the coordination of labor, by volunteers or City employees, to remove the graffiti and will furnish the property owner or volunteer workers with supplies (paint, paint brushes, etc.) to remove the graffiti.
D. 
1. 
When graffiti is observed on any surface in the City which is visible from the street or from other public or private property, the City shall cause a notice to be issued to the property owner and occupant(s) to abate such nuisance. The property owner and occupant(s) shall be allowed five working days after the date of the notice to remove the graffiti.
2. 
The notice to abate graffiti shall be substantially in the following form:
CITY OF LOMPOC
NOTICE TO REMOVE GRAFFITI
Date:
TAKE NOTICE THAT you are required, at your expense, to remove or paint over the graffiti located on your property at _________ in Lompoc, California, not later than five days after the date of this Notice.
If you fail to remove the graffiti on your property, City employees or private contractors or volunteers will enter your property and paint over or otherwise remove the graffiti. The costs of such removal will be assessed against you and such costs will constitute a lien against your property until fully paid.
If you object to the foregoing, be advised that you may submit written objections and comments to the City Building Official at the address below, not later than five days after the date of this Notice. If no objections are received by close of business on the fifth day after the date of this Notice, the City may proceed with the removal of the graffiti inscribed on your property, at your expense, without further notice.
—————————
City of Lompoc
100 Civic Center Plaza
Post Office Box 8001
Lompoc, CA 93438
(805) 736-1261
3. 
A notice to abate graffiti shall be served upon the owner(s) of the vandalized property, as such owner's name and address appear on the latest equalized property tax assessment rolls of Santa Barbara County. If a commercial tenant is occupying the premises, the notice also shall be served on the tenant. If there is no known address for the owner, the notice shall be sent in care of the property address. The required notice may be served by personal service or by registered, certified, or first class mail. Service is complete at the time of deposit of the notice into the United States Postal Service.
4. 
On the same day as mailing, a copy of the notice shall be posted in a conspicuous place on the vandalized property.
5. 
Failure of any person to receive notice under this Chapter shall not affect the validity of any proceeding hereunder.
E. 
If a property owner requests a hearing, the Police Chief shall provide notice of the time and place of the hearing, which shall be held not later than five working days after request. At the abatement hearing, the owner is entitled to present written or oral evidence to show cause that graffiti abatement is not necessary. Upon conclusion of the hearing, the Police Chief will determine if graffiti abatement is or is not required and give written notice of such determination, which is final and may not be appealed.
F. 
1. 
Upon failure of any person to comply with a notice to abate by the designated date, or such continued date thereafter as the City approves, the City is authorized and directed to cause the graffiti to be abated by City forces, volunteers, community service worker(s), or private contractor, and the City, its volunteers, or contractors are expressly authorized to enter upon the premises for such purposes.
2. 
When graffiti has been abated by the City under this Section, the owner shall reimburse the City for the total costs of abatement. Costs to be reimbursed include labor, material, preparation of specifications, contracts administration, inspection and monitoring, court costs, law enforcement costs, and attorneys' fees.
3. 
If the amount billed to the property owner has not been paid within 30 days after the City's assessment, the City shall cause a notice of lien to be filed in the Office of the Recorder of Santa Barbara County. Liens shall be collected at the time of sale or remodel in excess of fifty percent of the market value of the structure.
4. 
Recovery of abatement costs shall comply with Lompoc City Code Sections 17.140.090 through 17.140.110.
G. 
The City's graffiti removal program does not authorize, nor will it undertake to provide for, the painting or repair of any area more extensive than the location of the graffiti. Prior to the removal of the graffiti, the City shall attempt to obtain written consent from the property owner, and the owner shall execute an appropriate release of liability, as approved by the City Attorney.
H. 
In accordance with Government Code Section 53069.3, graffiti may be removed from private property by the City, with the cost paid from public funds, when so approved in writing by the City Manager. Such work shall consist only of removal of graffiti and not the painting or repair of a more extensive area.
I. 
When graffiti has been removed from public or private property at the expense of the City of Lompoc, each person who placed any of the graffiti (or a minor's parent(s) or legal guardian) is legally responsible to reimburse the City of Lompoc for all costs of removal. Upon the determination of the costs of removal, the Finance Director is authorized and directed to invoice the responsible person(s) for such costs, which shall be a debt jointly and severally owed to the City by such persons.
J. 
Any parent or other responsible adult who consents to, permits, or otherwise knowingly allows his or her minor child to possess an unauthorized graffiti tool shall be personally liable for any and all costs to any person incurred in connection with the removal of graffiti caused by said child or by said graffiti tool, and for all attorney's fees and court costs incurred in the civil prosecution of any claim for damages. This Section in no way limits or narrows the liability of a parent for acts of a child pursuant to Civil Code Section 1714.1, Government Code Section 53069.5, Penal Code Section 640.5, or other applicable provisions of law.
(Ord. 1544(07) § 1; Ord. 1673(20) § 42)
A. 
The City of Lompoc may offer a reward of up to $1,000.00 for information leading to the arrest and conviction of any person maliciously damaging or destroying another's property by the application of graffiti. For purposes of this Section, diversion of the offender to a community service program or a plea to a lesser offense constitutes a conviction.
B. 
No public employees or officials whose duty it is to investigate or to enforce the law, or their spouses, minor children or parents living in the same household are entitled to a reward under this Section.
C. 
Claims for rewards shall be filed with the City Manager, and shall specifically identify the date, location, kind of property damage, and the name of the person(s) arrested and convicted.
D. 
If several persons contribute information, the reward amount shall be divided by the City Manager in the manner he or she deems appropriate.
E. 
The City may recover the amount of any reward paid pursuant to this Section from the person arrested and convicted, in addition to all other authorized restitution and penalties.
(Ord. 1544(07) § 1; Ord. 1673(20) § 42)
Violation of any provision of this Chapter is a misdemeanor.
(Ord. 1544(07) § 1)
The remedies provided in this chapter are in addition to other remedies and penalties available under provisions of applicable ordinances of the City of Lompoc and the laws of the State of California. The procedures of this Chapter shall not limit or restrict the City of Lompoc from enforcing laws and abating public nuisances in any manner provided by law.
(Ord. 1544(07) § 1)
By adopting this Chapter and in establishing a graffiti abatement program, the City of Lompoc is assuming an undertaking only to promote the general welfare. The City of Lompoc is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which the City may be liable in money damages to any person who claims that such breach proximately caused injury.
(Ord. 1544(07) § 1)