The purpose of this chapter is to provide enforcement tools in addition to those already provided by state law for removal of graffiti and to prevent and control the further spread of graffiti on walls and structures on both public and private property in the city. The increase of graffiti on both public and private property is creating a condition of blight within the city which results in deterioration of property and business values for the property tagged by the graffiti as well as the surrounding properties. The city council finds and determines that graffiti is detrimental to the public health, safety and general welfare and constitutes a public nuisance which must be abated. It is further the intent of the city council, through the adoption of this chapter, to give notice to all who disregard the property rights of others that the city will strictly enforce all laws prohibiting graffiti, including, but not limited to, Sections 594, 594.1, 640.5 and 640.6 of the California Penal Code, Section 13202.6 of the California Vehicle Code, and the provisions of this chapter.
(Ord. 553 § 1, 1995)
For the purposes of this chapter, the following words and phrases shall have the meanings respectively defined by this section:
"Administrative hearing officer"
means the city manager or designated representative.
"Aerosol paint container"
means any aerosol container regardless of the material from which it was made, which is adopted or made for the purpose of spraying paint, dye or other substance capable of defacing property.
"Felt tip marker"
means any marker or similar implement with a tip which, at its broadest width, is greater than one-eighth inch and contains an ink that is not water-soluble.
"Graffiti"
includes any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on any structural component of any building, structure or other facility or surface, regardless of the nature of the material of that structural component.
"Graffiti implement"
means an aerosol paint container, a felt tip marker, gum label, a paint stick or an etching tool capable of scarring glass, metal, concrete or wood.
"Gum label"
means any sheet of paper, fabric, plastic or other substance with an adhesive backing which, when placed on a surface, is not easily removable.
"Paint stick"
means a device containing a solid form of paint, chalk, wax, epoxy or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth inch in width, and not water-soluble.
(Ord. 553 § 1, 1995)
A. 
It is unlawful for any person to violate California Penal Code Section 640.6 which provides that any person who writes, sprays, scratches, or otherwise affixes graffiti on any real or personal property not his or her own is guilty of an infraction.
B. 
It is unlawful for any person to violate California Penal Code Section 594 which provides that any person who maliciously: (1) defaces with paint or any other liquid; (2) damages; or (3) destroys any real or personal property not his or her own, in cases other than those specified by state law, is guilty of vandalism punishable by fine and/or imprisonment.
C. 
It is unlawful for any person to violate California Penal Code Section 640.5 which provides that any person who writes, sprays, scratches or otherwise affixes graffiti on or in the facilities or vehicles of a governmental entity, whether leased or owned by the governmental entity, is guilty of an infraction.
D. 
It is unlawful for any person to violate California Penal Code Section 594.1 which provides that it is a misdemeanor for: (1) any person to sell or furnish to any minor under the age of eighteen an aerosol paint container, other than the parent or legal guardian of such minor; (2) any minor to purchase an aerosol paint container; and (3) any minor to possess an aerosol paint container while upon any public highway, street or alley.
(Ord. 553 § 1, 1995)
A. 
Purchase by or Furnishing to Minors. It is unlawful for any person under the age of eighteen years to purchase any graffiti implement unless accompanied by a parent or legal guardian. It is unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan or otherwise furnish, or cause or permit to be exchanged, given, loaned or otherwise furnished, any graffiti implement to any person under the age of eighteen years without the prior consent of the parent or other lawfully designated guardian of the person.
B. 
Possession. No person shall have in his or her possession and in plain view any graffiti implement for the purpose of inscribing graffiti while upon any public right-of-way or property in the city. Public property shall including any public park, playground, swimming pool, school or recreational facility if such are posted with signs stating that it is a misdemeanor to possess graffiti implements (as defined in this chapter). This section shall not apply to authorized employees or agents of the city of Brentwood or to any city-sponsored activities.
(Ord. 553 § 1, 1995)
Unless otherwise provided by California State law, any violation of this chapter shall be a misdemeanor offense punishable by either six months in jail, one thousand dollar fine, or both. Additional penalties may be recommended to the court on an ad hoc basis:
A. 
Vehicle Code Section 42001.7 permits a court to require a littering offender (Vehicle Code Sections 23111, 23112, 23113) to pick up litter or clean up graffiti;
B. 
Vehicle Code Section 13202.6 permits a court to suspend or delay issuance of a driver's license for one year for each conviction of a graffiti offense;
C. 
Minors determined to be a ward of the court under Welfare and Institutions Code Section 602 as a result of committing an offense in the city of Brentwood shall be required, at the city's request of the court, to perform community service, which may include a graffiti removal service of not less than six hours nor more than eighty hours;
D. 
The city may request the court, pursuant to Civil Code Section 1714.1, to hold the parent or legal guardian of a minor who violates this chapter, or the state laws mentioned herein, personally responsible for any and all costs incurred in connection with the removal of graffiti caused by said minor, including attorneys' fees and court costs.
If the court does not hold the parent or legal guardian of a minor who violates this chapter, or the state laws mentioned herein, responsible for the city's removal costs, then the city may make such costs a special assessment against a parcel of land owned by the parent or legal guardian pursuant to Government Code Section 38773.6 so long as prior thirty days written notice is provided to the parent or legal guardian about the anticipated special assessment if such costs are not paid to the city.
(Ord. 553 § 1, 1995)
The city council finds and declares that the existence of graffiti anywhere within the boundaries of the city of Brentwood is obnoxious and offensive, thereby constituting a public and private nuisance. Such graffiti shall be abated according to the provisions and procedures contained in this chapter.
(Ord. 553 § 1, 1995)
Any person applying graffiti within the city shall have the duty to remove the same immediately, and in no event longer than seventy-two hours after notice by the city or the public or private owner of the property involved. Each instance of failure by any person to remove graffiti following notice shall constitute a separate violation. Every day that said graffiti is not removed after notice shall constitute a separate offense.
(Ord. 553 § 1, 1995)
Graffiti located on privately or publicly owned property within the city of Brentwood so as to be capable of being viewed by a person utilizing any public right-of-way may be removed by the city at the owner's expense as a public nuisance after service of a notice to abate as herein set forth.
(Ord. 553 § 1, 1995)
A. 
Whenever the city is apprised of the presence of graffiti located on privately or publicly owned property within the city of Brentwood, the city shall serve a written notice to abate such graffiti upon the owner of the affected premises as such owner's name and address appears on the last equalized assessment roll or the supplemental roll, whichever is more current and to the tenant, where applicable and if known to the city.
B. 
Contents of Notice. The notice shall be substantially as set out in Form 9.90.090 at the end of this chapter and contain substantially the following information:
1. 
The street address, legal description, or other description sufficient to identify the premises affected by the described graffiti;
2. 
The length of time permitted for voluntary abatement of the graffiti;
3. 
A statement that the property owner may, during the abatement period, file a written request for hearing if the owner disagrees with the demand to abate the graffiti;
4. 
A statement that if the graffiti is not voluntarily abated within the stated period, the city will abate the graffiti, that the costs of such abatement shall be assessed against the premises and shall be collected in the same manner as city taxes.
C. 
Service of Notice.
1. 
The notice to abate the graffiti shall be served in the same manner as summons in a civil action in accordance with Section 415.10 of the Code of Civil Procedure. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Contra Costa County pursuant to Government Code Section 6062.
2. 
The failure to make or attempt such service on any person as required herein shall not invalidate any proceedings under this chapter as to any other person duly served.
(Ord. 553 § 1, 1995)
A. 
A written request for hearing must be received by the city manager or his/her designated representative within seven days of service of the notice. The city manager, or designee, shall set a time and date for the hearing and notify the person requesting the hearing of the time, date and place. The hearing shall be before an administrative hearing officer. The hearing shall be an informal opportunity for the person requesting the hearing to present his/her arguments against the requirement to abate the graffiti at his/her expense.
B. 
At the hearing, the administrative hearing officer shall render a decision, in writing, upholding or denying the requirement of abatement. If the requirement is upheld, the decision shall contain an order to abate and a deadline for abatement, and shall be served on the person requesting the hearing by U.S. mail. The decision of the administrative hearing officer may be appealed to the city council if a written appeal is filed, and applicable appeal fees are paid, within seven days of the service of the decision of the administrative hearing officer.
(Ord. 553 § 1, 1995)
A. 
If the graffiti is not completely abated by the owner or occupier of the premises within the time prescribed in the: (1) notice to abate, (2) decision of the administrative hearing officer, or (3) decision of the city council, whichever is applicable, the city manager or his/her designated representative is authorized and directed to cause the graffiti to be abated by city personnel or private contract, and the city, or its private contractor, is expressly authorized to enter upon the premises for such purposes.
B. 
The city manager or his/her designated representative shall keep an account of the costs and expenses, including all administrative and legal costs, in abating such graffiti and shall render a statement of such costs to the person or persons receiving the notice to abate. Such person or persons receiving the notice to abate shall be liable to the city for any and all costs and expenses to the city involved in abating the graffiti.
C. 
If all or any portion of the costs and expenses incurred by the city in abating the graffiti and accounted for by the city manager remain unpaid after thirty days, pursuant to authority created by law, including Government Code Sections 38773.5, 38773.6 and 38773.7, such portion thereof as remains unpaid shall constitute and is hereby declared to constitute an assessment on the real property which was served with the notice to abate and/or the subject property. The city manager or city clerk, prior to August 10th of each year, shall deliver to the county auditor of Contra Costa County a notice to levy the special assessment on the property for placement on the secured roll. Thereafter, the special assessment shall be collected and enforced in the same manner as municipal taxes.
(Ord. 553 § 1, 1995)
Graffiti located on publicly or privately owned real property within the city of Brentwood so as to be capable of being viewed by a person utilizing any public right-of-way, may be removed solely at the city's expense, without reimbursement from the property owner or assessment upon the property, upon all of the following conditions:
A. 
The administrative hearing officer, pursuant to a hearing under Section 9.90.010, determines that: (1) the owner of the affected property is unable to remove the graffiti due to extreme financial hardship; or (2) the same owner of the affected property has made no more than two requests for such city removal at the city's sole expense within a calendar year; and
B. 
In removing the graffiti, the painting or repair of a more extensive area beyond the tagged area shall not be authorized;
C. 
When the work is to be performed by the city, or by contract at the direction of the city, the removal of the graffiti may not proceed until the written consent of the person or entity having jurisdiction over the structure is obtained along with a release of the city from liability. Such consent and release shall be substantially as set out in Form 9.90.120 attached to the end of this chapter.
Nothing herein shall be construed as obligating the administrative hearing officer to require that any graffiti be abated at the sole expense of the city.
(Ord. 553 § 1, 1995)
Nothing in this chapter shall be deemed to prevent the city council from authorizing the city attorney to commence any other available civil or criminal proceedings to enjoin or abate a public nuisance under applicable provisions of state law as an alternative to proceedings set forth in this chapter.
(Ord. 553 § 1, 1995)
If any provision, clause, sentence or paragraph of this chapter, or application thereof to any person or circumstances, is held invalid by a court of law, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications. Therefore, the provisions of this chapter are declared to be severable.
Form 9.90.090
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 _________, Brentwood, California, 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, including any administrative and legal expenses incurred, will be assessed upon your property, and collected in the same manner as municipal taxes.
All persons having any objection to or interest in said matters are hereby notified to submit any objections in writing to the City Manager for the City of Brentwood within seven days from the date of this notice. If no such written objections are received by the City by 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.
(Signature of City Employee)
 
CITY OF BRENTWOOD
Form 9.90.120
CONSENT TO ENTER PROPERTY AND HOLD HARMLESS AGREEMENT GRAFFITI REMOVAL
We grant permission to the City of Brentwood, or its authorized agents, to enter our property for Graffiti removal. We recognize that the City of Brentwood can only provide for the removal or painting of the area which is the subject of the Graffiti. We waive any claims which we may have against the City arising out of this work and agree to indemnify it, its City Council, its agents, officers and employees against any claims or demands whatsoever arising out of their performance of this work.
DATE:
NAME & ADDRESS:
TELEPHONE NO.:
SIGNATURE OF PROPERTY OWNER OR TENANT:
Return to:
City of Brentwood
708 Third Street
Brentwood, CA 94513
(Ord. 553 § 1, 1995)