The purpose of this chapter is to provide a program for removal of graffiti from walls and structures on both public and private property and to provide regulations designed to prevent and control the further spread of graffiti in the city. The increase of graffiti on both public and private buildings, structures and places is creating a condition of 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 substantial amounts of graffiti are created by minors; that parents and guardians should be made responsible for the avoidance and removal of graffiti created by minors; and that penalties and requirements are needed to ensure that parents exercise appropriate control over and assume responsibility for the actions of minors under their control. While the property is a victim of the graffiti, where the responsible party fails to correct the defacing graffiti, it is always the duty of the property owner to remove graffiti as soon as reasonably possible.
(O4114; O96-023)
For the purpose of this chapter:
"Graffiti"
means the unauthorized spraying of paint or marking or placing of ink, chalk, dye, wax, epoxy, gum, glue or other similar substances on public and private buildings, structures, places and vehicles.
"Responsible adult"
means any parent, guardian or other adult having responsibility, custody or control of an individual under the age of 18 years.
(O4114; O96-023)
It is unlawful for any person to paint, chalk, or otherwise apply graffiti on public or privately owned permanent structures signs, areas, or surfaces located on public or privately owned real property within the city.
(O4114; O96-023)
Any person applying 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. Failure of any person to so remove graffiti shall constitute an additional violation of this chapter. Where graffiti is applied by juveniles, the parent or parents, or responsible adult or adults, shall be responsible for such removal and for the payment of all costs of any kind, direct or indirect, incurred by the city in affecting the removal of such graffiti.
(O4114; O96-023)
Whenever the chief of police or his or her designated representative determines that graffiti is so located on public or privately owned structures on public or privately owned real property within this city so as to be capable of being viewed by persons utilizing any public right-of-way or walkway open to the public in this city, the Police Chief, or designated representative, is authorized, upon City Council approval, 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:
A. 
In removing the graffiti the painting or repair of a more extensive area shall not be authorized;
B. 
Where a structure is owned by a public entity or other than this city, the removal of the graffiti may be authorized only after securing the consent of the public entity having jurisdiction over the structure;
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 either the consent of the owner or an abatement warrant or appropriate order from a court of competent jurisdiction.
(O4114; O96-023)
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 or walkway open to the public in this city may be removed by the city at the owner's expense as a public nuisance pursuant to the provisions of Sections 12.56.070 to 12.56.110. This section shall apply only where the Police Chief finds special circumstances are present. Special circumstances include: (1) the owner has persuaded or allowed or encourages the graffiti problem. Evidence thereof includes such things as: the owner has permitted the property to become unoccupied or has allowed uses conducive to the graffiti problem to take place on the property; the property has an abandoned appearance; adequate security measures are not taken; (2) failure to consent to removal of the graffiti.
(O4114; O96-023)
Whenever the Chief of Police or designated representative is apprised of the presence of graffiti located on privately owned real property within the city, the Chief of Police or designated representative may cause a written notice to be served upon the owner of the affected premises as such owner's name and address appears on the last equalized assessment roll by depositing a copy of the notice in the U.S. Postal Service enclosed in a sealed envelope and with the postage thereon fully pre-paid. The mail shall be registered or certified and addressed to said owner at the last known address of said 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 herein, means any person in possession and also any person having or claiming to have any legal or equitable interest in said 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 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.
(O4114; O96-023)
A. 
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 __________, Napa, CA, which is visible to public view, within seven days after the date of this notice; or, if you fail to do so, then 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 objection to, or interest in, said matters are hereby notified to submit any objections or comments to the Chief of Police for the city or his or her designated representative within seven days from the date of 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.
B. 
Where the city has made reasonable efforts to provide notice in substantial compliance with this section, minor defects, omissions and/or inconsistencies in the form or language of the notice shall not invalidate the notice.
(O4114; O96-023)
The service of this notice shall be made on the day the notice is dated and by affidavit filed with the City Clerk. A like notice shall also be posted at a conspicuous place on the premises upon which the graffiti is inscribed. The posting of this notice shall be made on the day the notice is dated and by affidavit filed with the City Clerk.
(O4114; O96-023)
If the owner or responsible minor or adult fails to remove or cause the graffiti to be removed by the designated date, or such continued date thereafter as the Chief of Police or designated representative approves, then the Chief of Police or designated representative shall so notify the City Manager and the City Manager shall have the authority to 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 purpose, and the City Manager or designee shall be authorized to obtain an abatement warrant and/or other appropriate order from a court of competent jurisdiction authorizing the city to effect such removal.
(O4114; O96-023)
A. 
Should the city be required to abate the graffiti as a public nuisance, it shall be entitled to recover, from any person or persons responsible for placing the graffiti, from any property owner or owners on which the graffiti is located, and from any responsible adult or adults, any and all costs, direct or indirect, incurred by the city in affecting the removal of graffiti. The city shall substantially follow the procedures set forth in Chapter 8.16 of this code, regarding imposition and recording the costs of abatement, hearing before the Council on the costs of abatement and assessment of the costs of such abatement against the property as a lien and those provisions and regulations of Chapter 8.16 shall apply with full force and effect to this chapter. However, the notice of lien for purposes of this chapter shall be in form substantially as follows:
NOTICE OF LIEN
(Claim of City of Napa)
Pursuant to the authority vested by the provisions of Sections 12.56.010 to 12.56.110 of the Napa Municipal Code, the City Manager of the City of Napa did on or about the _____ day of __________, 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 Napa 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 Napa does hereby claim a lien on such costs of abatement in the amount of said assessment, to wit: the sum of $_____; 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 Napa, County of Napa, State of California, and more particularly described as follows:
(description)
DATED this _____day of __________, 20___
_____________________________
City Manager of the City of Napa
B. 
The city, at its discretion, shall have the authority to seek to recover costs of abatement first and solely from any and all person(s) responsible for the placement or creation of graffiti, including but not limited to, any parent, guardian and/or responsible adult whose minor under his or her custody or control has created or placed the graffiti. Where the city so determines to seek to recover such costs from such responsible persons and adults, such costs, if unpaid, shall be a lien on any real property owned by such persons within the City of Napa and shall be imposed, assessed and collected substantially pursuant to Chapter 8.16 of this code.
(O4114; O96-023)
A. 
Upon conviction of any person for violation of any provision of this chapter, or any state law pertaining to vandalism of property with a graffiti implement, the city may petition the sentencing court to impose community service time, pursuant to Section 640.6 of the California Penal Code. The sentencing court may require the performance of community service within the city in addition to any monetary penalties imposed. In the event the sentencing court approves community service, the city may request any adult or emancipated minor convicted of vandalism, as defined by Section 594(a)(1) of the California Penal Code to: (1) complete a minimum of 24 hours, but not more than 48 hours, of community services cleaning up, removing and repairing property damaged by graffiti for the first conviction; and (2) complete 48 hours, but no more than 96 hours, of community services cleaning up, removing and repairing property damaged by graffiti for each subsequent conviction.
B. 
Any person who is under the age of 18 when he or she violates any provision of this chapter or any state law pertaining to vandalism of property with a graffiti implement, and is found to be a person described in Section 602 of the California Welfare and Institutions Code by reason of the commission of vandalism, may be required to perform community service time pursuant to Section 728 of the California Welfare and Institutions Code. For any minor adjudicated guilty of vandalism, the city may petition the juvenile court and the court may, in addition to any other penalties imposed by the city, require the unemancipated minor to provide the necessary labor to clean up, repair, or replace defaced, damaged or destroyed property, or otherwise make restitution to the property owner.
C. 
If a minor is personally unable to pay any fine levied for violating any provision of this chapter or is otherwise unable to make restitution for damages, the minor's parent or legal guardian shall be liable for payment of the fine or restitution. If the parent or legal guardian cannot make restitution, the sentencing court may waive payment of the fine or community service time by the parent or legal guardian upon finding of good cause. If the sentencing court waives payment of the fine by the parent or legal guardian, the city shall petition the sentencing court, and the court, at the court's option, may order the parent or legal guardian to provide the necessary labor, equal to the number of hours assigned to the minor adjudicated guilty of violating any provision of this chapter to clean up, repair, or replace property damage by the unemancipated minor.
(O96-023)
The remedies provided in this chapter shall be cumulative and in addition to other remedies and penalties available under provisions of applicable ordinances of the city and the laws of the state of California.
(O96-023)
For each conviction of a person aged 13 to 21 for violation of any provision of this chapter or any state law pertaining to vandalism of property with paint, ink, or dye from an aerosol container, or with graffiti, the city may petition the sentencing court to suspend driving privileges or delay the issuance of driving privileges in accordance with California Vehicle Code Section 13202.6.
(O96-023)