As used in this chapter:
"Affected property owner"
means the owner, renter, lessee, caretaker or other person or entity authorized and responsible for the care and maintenance of the property upon which graffiti has been applied.
"Graffiti"
means any inscription, word, marking, drawing, figure, writing or design, which has been marked, placed, etched, scratched, drawn, painted or otherwise applied to any real property or structure located within the city without the expressed consent or prior knowledge of the affected property owner.
"Graffiti activity"
shall mean the act or process of applying graffiti to any real property or structure located within the city.
"Real property"
means all portions of a lot or parcel excluding that portion subject to the right-of-way owned by the city which is developed for right-of-way purposes. Real property includes all objects located on such portion of the lot or parcel, whether natural or manmade, including, without limitation, walls and fences, trees and other landscaping, and pavement for sidewalks or patios.
"Structure"
means and includes all objects which are manmade, whether affixed to the ground or not, including, without limitation, buildings, street furniture, light posts, street paving, sidewalks and vehicles. A structure may be located on real property or within the public right-of-way.
(Ord. 205 § 1, 1991)
A. 
Any person engaging in graffiti activity shall be responsible for the removal and/or elimination of the graffiti within 24 hours after notice by the city and/or affected property owner. Failure of any person to so remove graffiti shall constitute an additional violation of this chapter.
B. 
Pursuant to Civil Code Section 1714.1. when a minor has engaged in the graffiti activity, such conduct shall be imputed to the parent or guardian having custody and control of the minor, and such parent or guardian shall be responsible for all such actions to the extent permitted by law.
(Ord. 205 § 1, 1991)
The city manager may declare that graffiti, placed upon any real property or structure located within the city is obnoxious if he or she determines that the graffiti could have an adverse impact on the public health, safety or welfare or could adversely affect property values.
(Ord. 205 § 1, 1991)
The city manager is authorized to expend city funds for the removal of graffiti from any real property or structure located within the city, once he or she has declared the graffiti to be obnoxious and written permission has been obtained from the affected property owner to remove the graffiti. Such authorization shall extend only to the removal of the graffiti itself, and not to the painting or repair of a more extensive area. This section shall not be construed to preclude the affected property owner's responsibilities, as defined elsewhere in this chapter, to remove graffiti.
(Ord. 205 § 1, 1991)
Whenever the city manager has declared graffiti to be obnoxious, notice shall be given to the affected property owner to remove the graffiti within a period of three days following the written date of the notification. The notice shall set forth a description of the condition(s) constituting the obnoxious graffiti and the action(s) needed to correct the condition(s), and shall further state that if such action(s) are not taken within the time provided in the notice, or a request for hearing is filed pursuant to this chapter, such failure shall constitute a violation of this chapter.
(Ord. 205 § 1, 1991)
Whenever an affected property owner is non-responsive, unwilling, unable or fails to eliminate, within the time-frame as provided in Section 4.40.060, the conditions which constitute obnoxious graffiti, the city manager may declare the property to be a graffiti nuisance and the city may take any and all actions necessary to eliminate the nuisance.
(Ord. 205 § 1, 1991)
A. 
If within three days of the date of written notification requiring the removal of obnoxious graffiti, the affected property owner files a written request for hearing, the city manager shall set the matter for hearing before him or herself. The hearing shall be held as soon as practicable.
B. 
At the hearing, the city manager shall hear and consider all relevant evidence, objections and protests, and shall receive testimony from the affected property owner and city personnel relative to the issues. Upon conclusion of the hearing, the city manager shall determine whether the condition(s) constitutes obnoxious graffiti, and, if so, what action(s) are necessary to correct the condition(s) and when such action(s) shall be taken. Written notice of such determination shall be given to the affected property owner. Failure to take such corrective action(s) within the time allotted shall constitute a violation of this chapter.
(Ord. 205 § 1, 1991)
All costs incurred by the city in abating a graffiti nuisance shall be reimbursed by the person creating, causing, committing or maintaining the graffiti, and shall be a lien against the property on which it is maintained and a personal obligation of the affected property owner and the property owner of record. The city may pursue reimbursement from all or any of such sources, as it determines in its sole discretion. In establishing such lien, the city shall comply with the procedures set forth in Sections 4.33.100 and 4.33.110 of this code.
(Ord. 205 § 1, 1991)