Note: Renumbered during the 2008 republication from Ch. 8 to Ch. 7.
The purpose of this chapter is to provide a program for the removal of graffiti from both public and private property and to provide regulations designed to prevent and control the further spread of graffiti in the Town. The increase of graffiti on both public and private buildings, structures, and places creates a condition of blight within the Town which results in a deterioration of property values for adjacent and surrounding properties, all to the detriment of the Town. 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 graffiti on the Town and to prevent the further spread of graffiti.
(§ 1, Ord. 394, eff. August 14, 1999)
For the purpose of this chapter, graffiti means the unauthorized spraying of paint or marking of ink, dye, or other similar indelible substances on public or private buildings, structures, and places.
(§ 1, Ord. 394, eff. August 14, 1999)
(a) 
No person shall place graffiti upon any publicly or privately owned permanent building, structure or place located on publicly or privately owned real property within the Town. Violation of this subsection shall be a misdemeanor.
(b) 
No person owning or otherwise in control of any real property within the Town shall permit or allow any graffiti to be placed upon or remain on any permanent building, structure or place, located on such property when the graffiti is visible from the street or other public or private property, for a period in excess of that described in this chapter for notice and removal of graffiti. Violation of this subsection shall be an infraction.
(§ 1, Ord. 394, eff. August 14, 1999)
Whenever the City Manager or the City Manager's designee determines that graffiti exists on any permanent building, structure or place in the Town, which graffiti is visible from the street or other public or private property, the City Manager or the City Manager's designee shall cause a notice to be issued to abate such nuisance. The property owner shall have 10 days after the date of the notice to remove the graffiti or the property will be subject to abatement by the Town.
(§ 1, Ord. 394, eff. August 14, 1999)
(a) 
The notice to abate graffiti shall be served upon the owner(s) of the affected real property, as such owner's name and address appears on the last equalized property tax assessment rolls of the County of Santa Clara. If there is no known address for the owner, the notice shall be sent in care of the property address. The notice required by this chapter may be served in any one of the following manners:
(1) 
By personal service on the owner, occupant, or person in charge or control of the property.
(2) 
By registered or certified mail addressed to the owner at the last known address of the owner. If this address is unknown, the notice will be sent to the property address. In addition, where the property is occupied, a copy of the notice shall be delivered to the occupant.
(§ 1, Ord. 394, eff. August 14, 1999)
In the event the property owner complies with the notice by the designated date or such continued date, as the City Manager or the City Manager's designee approves, then the Town shall reimburse the property owner the cost of labor and materials to abate the graffiti up to a maximum of $250 for each incident of graffiti on the property. Receipts for labor and materials used must accompany the claim. The Town shall not reimburse the property owner where the City Manager finds that the owner has persuaded, allowed, or encouraged the graffiti problem. Evidence thereof shall include such things as: The owner has permitted the property to remain unoccupied, has allowed uses conducive to the graffiti problem, or has failed to take reasonable security measures.
(§ 1, Ord. 394, eff. August 14, 1999)
(a) 
If the property owner requests the Town to abate the graffiti within the 10 day notice period or such continued date, as the City Manager or the City Manager's designee approves, the Town may choose (but is under no obligation) to abate the graffiti at no expense to the property owner.
(b) 
In consideration for the Town's abating the graffiti, the property owner shall discharge in advance and hold harmless, in a form approved by the City Attorney, the Town of Los Altos Hills, and its officials, agents, volunteers and employees from and against any and all liability arising out of or connected in any way with the Town's abatement of the graffiti.
(§ 1, Ord. 394, eff. August 14, 1999)
In the event the property owner receiving notice under Section 5-7.04 fails to either abate the graffiti or consent to abatement by the Town under Section 5-7.07, within the 10 day notice period, the Town may proceed to abate the graffiti under any applicable nuisance abatement procedure including, but not limited to, the nuisance abatement procedures provided in Chapter 5 of Title 6 of the Municipal Code, to include assessment of the costs of abatement against the owner and placement of an abatement lien. If the Town anticipates that the nuisance abatement procedures in Sections 6-5.01 through 6-5.07 will be used, any notice required by Section 6-5.02 of this Code may be included in the notice specified by Section 5-7.04 so that only one ten (10) day notice period is required prior to abatement by the Town. Town employees, agents, volunteers and contractors supervised by the Town are expressly authorized to enter private property for purposes of abating graffiti under any nuisance abatement procedure. If the Town abates the graffiti, all reasonable efforts to minimize damage from such entry shall be taken by the Town, and any paint used to obliterate graffiti shall be as close as practicable to background color(s).
(§ 1, Ord. 521, eff. October 16, 2010)
Where the graffiti has been abated by the Town (other than under Section 5-7.07) due to the refusal or failure of the property owner to do so, the owner shall reimburse the Town for the actual cost of the removal of the graffiti. The costs to be reimbursed include labor, material, preparation of specifications and contracts, and inspection.
(§ 1, Ord. 394, eff. August 14, 1999)