The purpose of this chapter is to provide a program for removal of graffiti from walls and structures on both public and private property and to provide regulations designed to prevent and control the further spread of graffiti in the City. The increase of graffiti on both public and private buildings, structures and places is creating a condition of blight within the City which results in a deterioration of property and business values for adjacent and surrounding properties all to the detriment of the City. The City Council finds and determines that graffiti is obnoxious and public nuisance which must be abated so as to avoid the detrimental impact of such graffiti on the City and to prevent the further spread of graffiti.
(Prior code § 14B-1-1)
For the purposes of this chapter, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given in this chapter:
"Graffiti"
means the unauthorized defacing of public and private buildings, structures and places through the spraying of paint or marking of ink, chalk, dye or other similar substances on surfaces, or by the etching or carving into surfaces, where it is visible to the public.
"Graffiti implements"
means any items used to produce graffiti and includes, but are not limited to, the following items:
A. 
"Aerosol paint container"
means any aerosol container, regardless of the materials from which it is made, which is adapted or made for the purpose of spraying paint or other substance capable of defacing property. "Aerosol paint container" does not include a container of less than six ounces capacity provided to a minor for the minor's use or possession under the supervision of the minor's parent, guardian, instructor or employer.
B. 
"Felt tip marker"
means any broad tip marker pen with a tip exceeding three-eighths of one inch in width, or any similar implement containing an ink that is not water soluble.
C. 
"Paint stick" or "graffiti stick"
means any 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-sixteenth of one inch in width, which cannot be removed with water after it dries.
"Graffiti implements"
do not include the above items if they are furnished for use in educational or recreational activities that are part of an approved instructional program, when such items are used in controlled and supervised situations within the classroom or on the site of a supervised project. These items may not leave the supervised site and shall be inventoried by the instructor.
(Prior code § 14B-1-2)
The following regulations shall apply to the sale and possession of pressurized paint cans in the City:
A. 
No person shall sell any pressurized can containing any substance commonly known as paint or dye to anyone under the age of 18 years and no person under the age of 18 years shall purchase any pressurized can containing any substance commonly known as paint or dye.
B. 
No person under the age of 18 years shall have in his or her possession any pressurized can containing any substance commonly known as paint or dye while in any public park, playground, swimming pool or recreational facility in the City. This section shall not apply to authorized employees of the City or an individual or authorized employee of any individual, agency or company under contract with the City.
(Prior code § 14B-1-3)
A. 
It is unlawful for any person who owns, conducts, operates or manages a commercial, retail, or wholesale establishment where graffiti implements are sold to store or display, or cause to be stored or displayed, such graffiti implements in an area that is accessible to the public without employee assistance in the regular course of business, pending legal sale or other disposition. Such graffiti implements must be stored or displayed in a locked display case, or other area of the store accessible only to employees and under constant monitoring by employees.
B. 
Nothing herein shall preclude the storage or display of graffiti implements in areas viewable by the public so long as such items are not accessible to the public without employee assistance.
C. 
Every commercial, retail, or wholesale establishment which sells or offers for sale pressurized cans containing any substance commonly known as paint or dye 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 is guilty of vandalism, which is punishable by a fine, imprisonment, or both."
(Prior code § 14B-1-4)
A. 
Any person applying graffiti within the City shall have the duty to remove the same within 24 hours after notice by the City or the public or private owner of the property involved. Failure of any person to so remove graffiti shall constitute a separate infraction and, upon conviction thereof, shall be punished in accordance with Section 1.08.070 (General penalty—Continuing violations—Aiding or abetting). Every day that said graffiti is not removed after notice shall constitute a separate offense.
B. 
Whenever the Chief of Police or designated representative determines that graffiti is so located on public or privately owned structures on public or privately owned real property within the City so as to be capable of being viewed by a person utilizing any public right-of-way, the Police Chief, or designated representative, is authorized to provide for the removal of the graffiti solely at the City's expense, without reimbursement from the property owner upon whose property the graffiti has been applied upon the following conditions:
1. 
In removing the graffiti, the painting or repair of a more extensive area shall not be authorized;
2. 
When a structure is owned by a public entity other than the City, the removal of the graffiti may be authorized only after securing the consent of the public entity having jurisdiction over the structure;
3. 
Where a structure is privately owned, the removal of the graffiti by City forces, or by a private contractor under the direction of the City, may be authorized only after securing the consent of the owner.
(Prior code § 14B-2-1)
A. 
Graffiti located on privately owned structures on privately owned real property within the City 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 expiration of the voluntary abatement period as described in Section 9.40.070. In the event that a hearing is requested, the City may remove the graffiti after securing the consent of the owner or occupier of the property with the responsibility for such costs to be determined through the hearing/appeal process.
B. 
Whenever the Chief of Police or designated representative is apprised of the presence of graffiti located on privately owned real property within the City, the Chief of Police or designated representative may cause a written notice to abate such graffiti to be served upon the occupier of the affected premises and the owner thereof as such owner's name and address appears on the last equalized assessment roll.
(Prior code § 14B-2-2)
The notice to abate the graffiti shall set forth the following:
A. 
The street address, legal description or other description sufficient to identify the premises affected.
B. 
A statement that the property owner or occupier has 15 days to voluntarily abate the graffiti.
C. 
A statement that the property owner or occupier may, during the 15-day voluntary abatement period, file a request for hearing if the owner disagrees with the order to abate the graffiti.
D. 
A statement that if the graffiti is not voluntarily abated within the 15-day period, the City will abate the graffiti and that the costs of such abatement shall become a charge against the premises and if not paid, shall become a lien against the premises.
(Prior code § 14B-2-3)
A. 
The notice to abate the graffiti shall be served on the owner and the occupier of the premises, and such service shall be deemed to have been given when:
1. 
A copy of the notice has been served personally; or
2. 
A copy of the notice has been deposited in the mail, postage prepaid, certified, return receipt requested, to the person's last known address; or
3. 
A copy of the notice is prominently and conspicuously affixed to the premises.
B. 
The failure to make or attempt such service on any person as required in this section shall not invalidate any proceedings under this chapter as to any other person duly served.
C. 
The failure of any person to receive such notice shall not affect the validity of any proceedings taken under this chapter.
(Prior code § 14B-2-4)
Upon receipt of a request for hearing, the Chief of Police or designated representative shall set a time and date for hearing not less than five days and not more than 30 days from the date of the hearing request and notify the person requesting the hearing of the time, date and place.
A. 
The hearing shall be before the Chief of Police or designated representative.
B. 
The hearing shall be an informal opportunity for the person requesting the hearing to present his or her arguments against the requirement to abate the graffiti at his or her expense.
C. 
After the hearing the Chief of Police or designated representative shall render a decision, in writing, affirming, modifying or overturning the requirement of abatement. If the requirement is affirmed or modified, the decision shall contain an order to abate within 15 days of the date of the decision, and shall be served on the person requesting the hearing by certified mail.
(Prior code § 14B-2-5)
A. 
Any person entitled to a hearing under Section 9.40.090, may formally appeal the decision and/or the order to abate by filing a written notice of appeal with the City Clerk within 15 days of the date of the decision or order.
B. 
The appeal shall be set and conducted pursuant to Section 9.20.090. The hearing officer may affirm, modify or reverse the order or take other action deemed appropriate. If the order to abate is affirmed or modified, the 15-day period for abatement as set forth in the order shall start as of the date of the hearing officer's decision.
C. 
Any person aggrieved by the decision of the hearing officer may obtain judicial review pursuant to Section 9.20.130.
(Prior code § 14B-2-6)
If the graffiti is not completely abated by the owner or occupier of the premises within the time prescribed in the notice to abate, the City Manager or 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.
(Prior code § 14B-3-1)
A. 
The City Manager or designated representative, shall keep an account of the costs and expenses, including all direct and indirect costs and expenses in abating such graffiti, and shall render a written itemized statement of such costs to the person or persons receiving the notice to abate.
B. 
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.
(Prior code § 14B-3-2)
A. 
If payment is not received, the itemized statement may be submitted in writing to the City Clerk. Any such report may include the abatement costs, fees and penalties for any number of properties and abatements, whether or not such properties are contiguous.
B. 
Upon receipt of the itemized report, the City Clerk, or designee, shall serve notice of the lien in the same manner as summons in a civil action in accordance with Code of Civil Procedure Section 415.10 et seq. 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 10 days and publication thereof in the Daily Democrat or other newspaper of general circulation in Yolo County. The period of notice commences upon the first day of publication and terminates at the end of the 10th day, including therein the first day. Publication shall be made on each day on which the newspaper is published during the 10-day period.
C. 
After notice has been served, the lien shall be recorded in the Yolo County Recorder's office and, from the date of recording, shall have the force, effect and priority of a judgment lien.
D. 
The lien shall identify:
1. 
The amount of the lien;
2. 
The City as the agency on whose behalf the lien is imposed;
3. 
The date of the abatement order;
4. 
The street address, legal description and assessor's parcel number of the parcel on which the lien is imposed; and
5. 
The name and address of the recorded owner of the parcel.
E. 
In the event that the lien is discharged, released or satisfied, through either payment or foreclosure, notice of the discharge containing the information specified in subsection D of this section shall be recorded by the City Clerk.
F. 
A lien may be foreclosed by an action brought by the City for a money judgment.
G. 
The City may recover from the property owner any costs incurred in the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.
(Prior code § 14B-3-3)
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 proceeding to abate a public nuisance under applicable provisions of State law as an alternative to the proceedings set forth in this chapter.
(Prior code § 14B-3-4)
If any provision, clause, sentence or paragraph of this chapter, or application thereof to any person or circumstances be held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications and, therefore, the provisions of this chapter are declared to be severable.
(Prior code § 14B-3-5)