A.
Graffiti
on public and private property is a blighting factor which not only
depreciates the value of the property which has been the target of
such malicious vandalism, but also depreciates the value of the adjacent
and surrounding properties, and, in doing so, negatively impacts upon
the entire community. The city has in the past undertaken to remove
graffiti from public and privately owned property but has been unable
to mount a successful program for encouraging property owners to undertake
to remove graffiti from walls, building, structures and other surfaces.
Section 53069.3 of the Government Code authorizes the city under certain
conditions to provide for the removal of graffiti.
B.
The
city council finds and determines that graffiti is obnoxious and a
public nuisance, and, unless promptly removed from public and privately
owned properties, tends to remain and to attract more graffiti; other
properties are then the target of graffiti, with the results that
entire neighborhoods, and, indeed, the community is depreciated in
value and becomes a less desirable place to live, shop and visit.
The city council therefore determines that it is appropriate that
the city develop new procedures to implement the provisions of Section
53069.3 of the Government Code and provide for the expedient removal
of graffiti from both public and privately owned property under the
circumstances set forth hereinafter. The city council further determines
that it is appropriate to provide regulations relating to the display
for sale of aerosol paint containers and marking pens and to provide
penalties relating to possession of graffiti implements for the purpose
of engaging in graffiti vandalism.
C.
Government
Code Sections 38772, 38773.2, and 38773.6 authorize cities to adopt
ordinances making the expense of abating graffiti caused by certain
minors (1) a personal obligation of the minor and of the parents or
guardians having custody and control of the minor, and (2) a lien
or special assessment against property of the minor and property of
the parents or guardians having custody and control of the minor.
Welfare and Institutions Code Section 742.14 authorizes cities to
adopt ordinances electing to have the probation officer of the county
recoup for it, through juvenile court proceedings in accordance with
Section 742.16, its costs associated with graffiti damage caused by
certain minors. Among other things, this chapter is intended to implement
such statutory provisions.
(Ord. 719 § 4, 1993; Ord. 789 § 1, 1996)
As used in this chapter:
means all city costs associated with damage caused by graffiti,
including but not limited to court costs, attorney's fees, cost of
removal of graffiti or other inscribed material, cost of repair and
replacement of property defaced by graffiti that cannot be removed
cost effectively, and law enforcement time incurred by or charged
to the city for identifying and apprehending the person(s) who caused
the graffiti.
means any container, regardless of the material from which
it is made, which is adapted or made for the purpose of spraying paint
or other similar substances capable of defacing property.
means any indelible marker or similar implement with a tip
which, at its broadest width, is greater than one-eighth inch, containing
an ink or similar substance.
means any inscription, word, figure or design marked, etched,
scratched, drawn or painted on any surface without the express permission
of the owner (or owner's representative) of such surface, regardless
of the material of which the surface is composed.
means any implement capable of marking a surface to create
graffiti including, but not limited to, aerosol paint containers,
paint sticks, felt-tip markers or marking pens, marking instruments,
drill bits, grinding stones, scribes, glass cutters, or etching tools,
or other similar implements capable of scarring glass, metal, concrete,
stucco, wood or similar surfaces.
has the same meaning as specified in Government Code Section
38772.
means any person or entity expressly authorized by the owner
of any property to permit another person to place inscriptions, words,
figures or designs upon such property, or any person or entity in
lawful possession of any property, whose right of possession includes
the authority to permit or allow inscriptions, words, figures or designs
to be placed upon such property.
means a device containing a solid form of paint, wax, epoxy
or other similar substance capable of being applied to a surface by
pressure and, upon application, leaving a mark.
means an object which is capable of being attached to aerosol
paint containers for the purpose of spraying the substance contained
therein.
(Ord. 658 § 1, 1991; Ord. 719 § 1, 1993; Ord. 789 § 2, 1996)
A.
No person
shall sell or cause to be sold to any person under the age of eighteen
years any aerosol container of paint or wide-tip marker.
B.
Evidence
that a person, his or her employee, or agent, demanded and was shown
bona fide evidence of majority and acted upon such evidence of majority
in a transaction or sale shall be a defense to any criminal prosecution
thereof.
C.
Any
person who owns, manages, or operates a place of business wherein
aerosol containers of paint and wide-tip markers are sold shall post
in a conspicuous place a sign in letters at least three-eighths of
an inch high stating: "Any person who maliciously defaces real or
personal property with paint or any other liquid is guilty of vandalism
which is punishable by a fine, imprisonment, or both."
(Ord. 658 § 1, 1991)
Every person who owns, conduct, operates or manages a retail
commercial establishment selling aerosol paint containers, or felt-tip
marker or marker pens and paint sticks, or similar implements shall
store or cause such containers or pens to be stored in an area viewable
by, but not accessible to, the public in the regular course of business
without an employee assistance, pending legal sale or disposition
of such containers or pens. It is the intent of this section to permit,
but not to require, the viewing of aerosol paint containers and felt-tip
marker or marker pens and paint sticks or similar implements while
they are stored or displayed pending retail sale.
(Ord. 719 § 5, 1993)
It shall be unlawful for any person to possess any spray actuator,
as defined in this chapter, for the purpose of defacing, marking or
damaging any public or privately owned property without the express
consent of the owner of such property or the owner's representative.
(Ord. 719 § 6, 1993)
No person shall wilfully or maliciously use any liquid substances,
spray paint, chalk, dye or other similar substance to paint, mar or
deface any public or privately owned real property within the city,
whether such property is occupied, vacated or abandoned.
(Ord. 658 § 1, 1991)
A.
Whenever
the city manager or his or her designated representative determines
that graffiti is so located on public or privately owned property
within the city so as to be a public nuisance, the city manager or
his or her designated representative is authorized to use city funds
to provide, by any means necessary, for the removal of graffiti without
reimbursement from the property owner upon whose property the graffiti
has been applied. The property owner shall either remove the graffiti
within twenty-four hours of verbal or written notification, or provide
written consent and release of liability authorizing the city to remove
the graffiti at any time it appears. Graffiti on fences and walls
immediately adjacent to public rights-of-way will be removed without
consent. The city's removal of graffiti by painting or repair shall
not involve the painting or repair of a more extensive area than that
area where the graffiti is located or exact matching of the existing
paint color.
B.
In addition to the procedures established by this section, the city is authorized to remove graffiti as a public nuisance and assess for the cost of abatement pursuant to the abatement procedures of Chapter 8.20 of the municipal code whenever the property owner (or owner's representative) fails to remove the graffiti within forty-eight hours of notification or the city is unable to obtain a written consent and release of liability.
C.
Whenever
the city incurs abatement or related administrative costs to remove
graffiti from personal or real property, or to repair or replace property
defaced by graffiti that cannot be removed cost effectively, the city
may invoice the person(s) who caused the graffiti for such costs,
which shall be a personal obligation and debt owed to the city by
such person(s). In case of a minor who causes graffiti, an invoice
may also be sent to the parents or guardians having custody and control
of the minor, who shall be jointly and severally liable with the minor
for the city's abatement and related administrative costs. Invoices
shall be due and payable no later than thirty days following their
receipt, except to the extent that period is tolled due to a timely
request for an administrative hearing. After that, interest on the
amount owing shall accrue at the maximum legal rate and the city may
proceed to collect the debt through any lawful means, including the
procedures established by this chapter and by applicable state law.
(Ord. 658 § 1, 1991; Ord. 719 § 2, 1993; Ord. 789 § 4, 1996)
A.
An invoice for abatement and related administrative costs sent pursuant to Section 9.40.060(C) of this code shall include all of the following information:
1.
A statement notifying the recipient that he/she has been determined by the city to be responsible under Section 38772 of the Government Code and Chapter 9.40 of the city's municipal code for the city's expenses of removing certain graffiti in the city and/or repairing or replacing property damaged by such graffiti;
2.
The
location and description of the graffiti for which abatement cost
recovery is sought;
3.
The
date by which the invoice must be paid and the fact that interest
on the amount owing will accrue at the maximum legal rate if it is
not timely paid;
4.
A
statement notifying the recipient of his or her right to request an
administrative hearing within ten days of receipt of the invoice regarding
liability and/or the amount of costs sought, and the fact that the
time period to pay the invoice will be tolled pending the outcome
of the hearing;
5.
A
statement notifying the recipient that if he/she does not pay the
invoice or request a hearing within the time allowed, then the city's
determinations regarding liability and costs will become final and
nonappealable to any other city authority and the city will proceed
with lawful collection methods, which in the case of a minor and his
or her parents or guardians may include recording a lien or special
assessment for the full amount of the invoice plus interest against
property of the minor and against property of the parents or guardians.
B.
The
city shall serve the invoice in one of the following ways: (1) by
personal service; (2) by both regular first class mail and certified
mail with return receipt requested; or, if neither of the previous
two methods is available or successful in a given case, (3) by some
other method reasonably calculated to provide actual notice to the
recipient. If mail service is used, then the return receipt shall
constitute evidence of the date the invoice was received. If the certified
mail is not accepted, then the invoice will be deemed to have been
received by regular mail three days after its mailing.
C.
Failure
to comply with any of the foregoing requirements shall not render
the invoice or other cost recovery proceedings defective if they meet
minimum constitutional standards for due process.
(Ord. 789 § 5, 1996)
A.
Any person sent an invoice for abatement or related administrative costs pursuant to Section 9.40.060(C) of this code is entitled to an administrative hearing regarding liability and/or the amount of costs sought to be recovered, if timely requested. A request for a hearing shall be timely if it is received by the city no later than the close of business on the tenth day following receipt of the invoice. A timely request for a hearing tolls the time for payment of the invoice until the recipient has been notified of the hearing officer's decision.
B.
If a
hearing is timely requested, the city shall send the party requesting
the hearing written notice of the time, date and location of the hearing.
The notice shall be served in the same manner as the invoice and shall
be reasonably calculated so as to give the recipient at least three
days' advance notice of the hearing. Notice of the hearing officer's
final decision after the hearing shall be similarly served.
C.
The
scope of an administrative hearing shall be limited to either or both
of the following issues: (1) liability for costs; and (2) the amount
of costs sought to be recovered. The party requesting the hearing
shall be entitled to submit evidence on either or both issues, which
shall be duly considered by the hearing officer provided it is either
presented during the hearing or received by the city manager or his
or her designee no later than the close of business on the day before
the hearing. No formal rules of evidence shall apply. The party requesting
the hearing shall be entitled to attend the hearing but such attendance
shall not be mandatory.
D.
The
hearing officer shall be the city manager or his or her designee.
The hearing officer's decision shall be final and nonappealable to
any other city authority. Failure to timely request a hearing waives
any right to the hearing and renders the determinations reflected
in the invoice similarly final and nonappealable.
(Ord. 789 § 6, 1996)
If an invoice is not paid in a timely manner and the city's
determinations regarding the invoice have become final and nonappealable,
then the city may proceed to collect the debt through any lawful means
including, in the case of a minor and the parents or guardians having
custody and control of the minor, imposition of a "graffiti nuisance
abatement lien" following the procedures of Government Code Section
38773.2 or, as an alternative to such a lien, a special assessment
following the procedures of Government Code Section 38773.6. To the
extent the aforementioned state law and this chapter of the municipal
code do not specify a particular aspect of the graffiti nuisance abatement
lien or special assessment imposition procedure, the procedures outlined
in Sections 8.20.145 and 8.20.150 of this code regarding conventional
nuisance abatement liens and special assessments may be followed,
provided they do not conflict with applicable state law.
(Ord. 789 § 7, 1996)
A.
Pursuant
to Welfare and Institutions Code Section 741.14, the city does elect
to have the probation officer of Riverside County recoup for it, through
juvenile court proceedings in accordance with Section 742.16 of the
Welfare and Institutions Code, its costs associated with defacement
by minors of its property and the property of others by graffiti or
other inscribed material.
B.
For
purposes of this section only, the city council makes the following
cost findings, the specific dollar amounts of which shall be set by
council resolution:
1.
The
city's average costs per unit of measure of identifying and apprehending
a person subsequently convicted or otherwise found by a court proceeding
to have committed an act prohibited by Section 594, 594.3, 594.4,
640.5, 640.6 or 640.7 of the Penal Code are as follows:
2.
The
city's average costs per unit of measure of removing graffiti or other
inscribed material, or of repairing or replacing property defaced
with graffiti or other inscribed material that cannot be removed cost
effectively, may include any of the following:
a.
Graffiti removal services rendered to the city under contract with
Sunline Transit Agency, based on the estimated value of hours spent
by Sunline personnel and miles driven by Sunline vehicles (including
fractions thereof),
b.
Cost per hour (including fractions thereof) of city staff time,
c.
Cost per mile (including fractions thereof) of city vehicle usage,
d.
Costs per item to repair or replace the following types of property
frequently defaced with graffiti or other inscribed material that
cannot be removed cost effectively: street signs and posts,
e.
Per square inch cost (including fractions thereof) of paint and material.
(Ord. 789 § 8, 1996)
A.
A reward
in an amount established by resolution of the city council is authorized,
offered and may be paid by the city to any person who provides information
leading to the determination of the identify of, and the apprehension
of, any person who wilfully or maliciously paints, mars or defaces
any public or private structure located on private or public property
within the city.
B.
The
exact amount of the reward to be paid by the city shall be determined
by the city council after receipt of a report from the city manager
indicating that information was received leading to the determination
of the identity of, and the apprehension of, a person who wilfully
or maliciously painted, marred or defaced a structure located on public
or private property located within the city, and indicating the final
disposition of such matter. No law enforcement officer, municipal
officer, official or employee of the city shall be eligible for such
reward.
(Ord. 658 § 1, 1991)
It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of the requirements is deemed guilty of a misdemeanor in accordance with Chapter 1.12 of the municipal code.
(Ord. 719 § 9, 1993)
