This chapter shall be known and may be cited as the "Graffiti
Prevention and Removal Ordinance."
(Prior code § 41100; Ord. 91-318 § 1, 1991)
For the purposes of this chapter:
shall mean any writing, printing, symbol, figure, design
or other inscribed material written, sprayed, painted, scratched,
etched, engraved, or otherwise applied to any exterior surface of
a building, wall, fence, tree, sidewalk, curb or other structure without
the prior consent of the owner or person in possession thereof.
shall mean the Landscape and Building Manager or his or her
successor or such city employee or officer as shall be designated
by the Landscape and Building Manager or his or her successor.
shall mean the Landscape and Building Manager for the City
of West Hollywood or designee.
(Prior code § 41101; Ord. 91-318 § 1, 1991)
Pursuant to California Government Code Section 38771 the City
Council hereby declares the maintenance of graffiti visible from a
public street or alley to constitute a nuisance, the abatement of
which shall be provided as set forth herein.
(Prior code § 41102; Ord. 91-318 § 1, 1991)
No person shall permit any graffiti which is within public view
to remain on any building, structure, tree, shrub, sidewalk or curb
owned or possessed by such person.
(Prior code § 41103; Ord. 91-318 § 1, 1991)
Violation of this chapter shall constitute a misdemeanor punishable
by a fine of not more than $1,000 or by imprisonment in the county
jail for a period not exceeding six months, or by both such fine and
imprisonment.
(Prior code § 41104; Ord. 91-318 § 1, 1991)
The Manager is hereby authorized to remove graffiti from any
property or structure owned by the City of West Hollywood, and pursuant
to California Government Code Section 53069.3 is authorized to remove
graffiti from any other publicly owned structure after securing the
consent of the public entity having jurisdiction over the structure.
(Prior code § 41105; Ord. 91-318 § 1, 1991)
Whenever the Manager determines that graffiti is being maintained upon any premises within the city in violation of Section 9.20.040, the Manager shall send written notice to the owner or possessor of the premises of such condition and shall require that the graffiti be removed. The notice and order shall be sent by certified or registered mail to the owner as shown on the most recent equalized assessment roll and a copy shall be posted on the subject property. The notice shall state that the owner must remove the graffiti or consent to its removal by the city within fifteen days from the date the notice was mailed. The notice and order shall also state that if the property owner or possessor desires to cause the graffiti to be removed, such person shall sign a consent to enter and release of liability order form to permit the city's crews or contractor to enter upon the property for purposes of removing the graffiti.
(Prior code § 41106; Ord. 91-318 § 1, 1991)
Upon receipt of the property owner's written consent or the
written consent of a person authorized by the owner to give consent,
the Manager is hereby authorized to remove graffiti from privately
owned property through the utilization of city crews or contractors.
The Manager is authorized to provide for the abatement of graffiti
only, and is not authorized to provide for the painting or repair
of a more extensive area.
(Prior code § 41107; Ord. 91-318 § 1, 1991)
The Manager may initiate proceedings to abate any graffiti maintained
contrary to the provisions of this chapter only after the following
has occurred:
a.
The
Manager has determined that graffiti within public view exists on
particular premises in the city;
c.
The
property owner has failed to either remove the graffiti or consent
to its removal by the city within the time period specified in the
notice.
(Prior code § 41110; Ord. 91-318 § 1, 1991)
Prior to the city abating graffiti on private property without
the consent of the owner, a hearing before the Manager shall be held
at which time the property owner shall be given an opportunity to
be heard regarding the proposed abatement. A notice of the time and
place of the hearing before the Manager shall be sent to the property
owner not less than ten days prior to the hearing.
(Prior code § 41111; Ord. 91-318 § 1, 1991)
a.
The
Manager shall cause to be served upon the owner as shown on the latest
equalized tax assessment roll of the affected premises a copy of said
notice and shall cause a copy thereof to be conspicuously posted on
the affected premises.
b.
Said
notice shall be posted and served, as aforesaid, at least ten days
before the time fixed for such hearing; proof of posting and service
of such notice shall be made by declaration under penalty of perjury
filed with the hearing officer.
c.
The
failure of any person to receive the notice shall not affect the validity
of any proceedings under this chapter.
(Prior code § 41112; Ord. 91-318 § 1, 1991)
The hearing to determine whether a nuisance exists shall be
conducted by the Manager or his or her duly authorized representative
as the hearing officer. At the hearing, the Manager shall consider
all relevant evidence, including but not limited to applicable staff
reports. Any interested person shall be given a reasonable opportunity
to be heard in conjunction therewith. Based upon the evidence so presented,
the Manager shall determine whether a nuisance within the meaning
of this chapter exists.
(Prior code § 41113; Ord. 91-318 § 1, 1991)
The Manager or designee (within ten working days of the hearing)
shall give written notice of his or her decision to the owner and
to any other person requesting the same. The notice shall contain
an order of abatement, if a nuisance is determined to exist, directed
to the owner of the affected property or the person in the control
and/or charge of the property, and shall set forth the nature of the
graffiti, its location on the premises and the time and manner for
its abatement. The Manager may impose such conditions as are reasonably
necessary to abate the graffiti. The decision of the Manager may be
appealed to the City Council by the filing of a written request for
appeal with the City Clerk within ten days after the Manager's notice
of the decision to the owner.
(Prior code § 41114; Ord. 91-318 § 1, 1991)
If the Manager's decision is not appealed and the nuisance is
not abated within the time set by the order of abatement, the Manager
is authorized to enter upon the premises and to abate the graffiti
nuisance with city crews or contractors. The Manager shall then prepare
a statement of the fact of such abatement and of the expense incurred
in abatement and shall file the statement with the City Clerk. Such
statement shall identify the premises and state the cost of the action
taken. If the premises include more than one lot, each separate lot,
or all of the lots may be set forth in the same statement.
(Prior code § 41115; Ord. 91-318 § 1, 1991)
Upon completion of the work required to abate the graffiti, the cost to the city to perform such work may be assessed against the property owner pursuant to the procedures set forth in Section 19.56.070 and may be charged on the next regular tax bill pursuant to Section 19.56.080 of this code.
(Prior code § 41116; Ord. 91-318 § 1, 1991)
No person shall sell, give or in any way furnish six ounces
or less of an aerosol container of paint to another person who is
under the age of eighteen years. This section shall not apply to the
furnishing of six ounces or less of an aerosol container of paint
to a minor for the minor's use or possession under the supervision
of a minor's parent, guardian, instructor or employer.
(Prior code § 41120; Ord. 91-318 § 1, 1991)
The City Manager or designee is hereby authorized to post a
notice at appropriate locations indicating that pursuant to California
Penal Code Section 594.1 no person shall carry any aerosol can of
paint into or upon any city-owned building, grounds, park or other
city facility without the permission of an authorized city officer.
(Prior code § 41121; Ord. 91-318 § 1, 1991)
Pursuant to Section 1714.1(b) of the California Civil Code,
every parent or legal guardian having custody or control of a minor
who defaces property by inscribing graffiti thereon shall be jointly
and severally liable with such minor for any resulting damages incurred
by the property owner in an amount not to exceed $25,000 for each
such act of defacement.
(Prior code § 41125; Ord. 91-318 § 1, 1991)
The remedies provided in this chapter are in addition to other
remedies and penalties available under the West Hollywood Municipal
Code and the laws of the State of California.
(Prior code § 41126; Ord. 91-318 § 1, 1991)
