It is the purpose and intent of the city council of the city of Lawndale, through the adoption of this chapter, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement especially, but not limited to, graffiti on privately and publicly owned walls which are inimical and destructive of the rights and values of private property owners as well as the total community.
Graffiti creates fear within the community, blights the landscape, devalues property, detracts from the sense of community enjoyed by residents of Lawndale, and presents significant costs for cleanup or removal. Not only is graffiti a property crime, but it is also a social crime on the quality of life and freedom from intimidation citizens desire within their neighborhoods.
(Ord. 734-93 § 2)
"Aerosol paint container"
means any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substance capable of defacing property.
"Anti-graffiti material"
means a product that provides an anti-graffiti coating that is compatible over acryliclatex painted surfaces, primed metal, plastic and masonry substrates.
"Felt-tip marker or marking pen"
means any marker or similar implement with a tip which, at its broadest width, is greater than one-eighth inch, containing an ink or other pigmented liquid.
"Graffiti"
means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on any surface, regardless of the nature of the material of which the surface is composed.
"Graffiti attracting surface"
means the physical surface of a building, wall, fence or other work of improvement on or to real property which is visible to any person utilizing any public right-of-way, whether highway, street, parkway or alley, and/or as designated by the director of public works as likely to attract graffiti.
"Graffiti implement"
means any implement capable of marking a surface to create graffiti, including, but not limited to, aerosol paint containers, paint sticks, graffiti sticks, felt-tip markers or marking pens, gum labels, spray actuators, marking instruments, drill bits, grinding stones, scribers, glass cutters or etching tools, or other implements capable of scarring glass, metal, concrete or wood.
"Gum label"
means any sheet of paper, fabric, plastic or other substance with an adhesive backing which, when placed on a surface is not easily removable.
"Owner's representative"
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.
"Paint stick or graffiti stick"
means a 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 an inch in width.
"Spray actuator" (also known as a spray tip, nozzle or button)
means an object which is capable of being attached to an aerosol paint container for the purpose of spraying the substance contained therein.
(Ord. 734-93 § 2)
It is unlawful for any person to apply graffiti on any public or privately owned structure, wall, fence or other work of improvement located on publicly or privately owned real property within the city.
(Ord. 734-93 § 2)
Every business or establishment offering for sale to the public any graffiti implement shall keep, store, maintain and display such implements in a place that is locked and secured or otherwise not directly accessible to the public.
(Ord. 734-93 § 2)
It is unlawful for any person under the age of eighteen years (the "minor") to have in his or her possession any graffiti implement while upon public property, or upon private property, without the prior written consent of the owner of such private property; provided, however, this provision shall not apply to possession of such graffiti implement while the minor is attending or traveling to or from a school at which the minor is enrolled, if the minor is participating in a class at said school which has, as a written requirement of said class, the need to use any graffiti implement.
(Ord. 734-93 § 2)
It is unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan or otherwise furnish, or cause or permit to be exchanged, given, loaned or otherwise furnished, any graffiti implement to any person under the age of eighteen years (the "minor") without the consent of the parent or other lawfully designated custodian of the minor, which consent shall be given in advance and in writing.
(Ord. 734-93 § 2)
It is unlawful for any person to have in his or her possession any graffiti implement while engaging in any activity in any public park, playground, swimming pool, recreational facility, or while in or near an underpass, bridge abutment, storm drain and other similar types of infrastructure; provided, however, this section shall not apply to possession of such graffiti implement in connection with any bona fide educational or artistic activity.
(Ord. 734-93 § 2)
A. 
The city shall offer to owners of real property, walls, fences, structures and other works of improvement, an expedited and specialized graffiti removal program. Upon the payment of an annual subscription fee, such subscribers shall be provided:
1. 
Graffiti removal within five days of a written request for same filed with the public works department;
2. 
Graffiti removal utilizing custom paints selected by the subscriber. Graffiti will be masked-off, if required, to prevent over spraying and to ensure a harmonious and custom treatment of the subscriber's existing color scheme;
3. 
Subscribers with structures constructed of brick and unpainted block may elect to have graffiti removal by sand or water blasting.
B. 
The cost of such subscription graffiti removal program for twelve months shall be established by resolution of the city council which may be amended from time to time.
(Ord. 734-93 § 2)
A. 
Removal with Owner Consent. Whenever the city manager or designated representative, determines that graffiti or other inscribed material is obnoxious by virtue of its character and its location on publicly or privately owned property, the city manager or designated representative, is authorized to use city or other funds to provide for the removal of the graffiti without reimbursement from the owner of the real property or the graffiti attracting surface upon which graffiti is located. Prior to the removal of such graffiti, the city, or its contractor, shall obtain the written consent of the owner of the real property or the graffiti attracting surface for entry onto property and/or for graffiti removal (as the case may be) together with a release of liability all in a form acceptable to the city attorney. The removal of graffiti by the city, or its contractor, shall not be more extensive than is reasonably necessary to obscure the graffiti.
B. 
Removal as a Public Nuisance. The city council finds that the maintenance of graffiti on any graffiti attracting surface creates a condition tending to reduce the value of property, to promote blight and deterioration, to promote crime and criminal action, and to be injurious to the public health, safety and general welfare. There-fore the presence of such graffiti is hereby declared to be a public nuisance.
The city council further finds that the presence of graffiti on graffiti attracting surfaces encourages and invites vandals to apply additional graffiti, and that it is necessary for the city to implement a procedure that allows it to promptly abate the same in order to prevent the rapid spread of graffiti to abutting or adjoining properties. There-fore, the presence of such graffiti may be abated as provided in Chapter 8.24.
(Ord. 734-93 § 2)
A. 
Pursuant to Section 53069.5 of the Government Code, the city does hereby offer a reward of two hundred fifty dollars to any person who provides information leading to the determination of the identity of, and the apprehension and conviction of, any person wilfully or maliciously painting, marring or defacing any private or public property within the city. In the event of multiple contributors of information, the reward amount shall be divided by the city in the manner it shall deem appropriate. For the purpose of this section, diversion of an offending violator to a community service program or plea bargain to a lesser offense shall constitute a conviction.
B. 
Claims for rewards under this section shall be filed with the city. Each claim shall:
1. 
Specifically identify the date, location and kind of property damaged or defaced; and
2. 
Identify by name the person convicted; and
3. 
Identify the court and the date upon which the conviction occurred.
4. 
No claim for a reward shall be allowed by the city unless an authorized representative of the city investigates and verifies the accuracy of the claim and recommends that it be allowed.
5. 
The person convicted of applying the graffiti and, if that person is an unemancipated minor, the custodial parent or guardian of said minor shall be liable to the city for any rewards paid pursuant to this section.
C. 
Reimbursement of Car Phone Air Time. The city shall reimburse to any person reporting by means of a mobile or cellular phone an act of graffiti application or the existence of graffiti within the city limits in the amount of the direct phone charges, exclusive of taxes, incurred by said person.
(Ord. 734-93 § 2)
Any gas, electric, telephone, water, sewer, cable, trash receptacles, telephone and other utility operation in the city of Lawndale shall paint its above-surface structures or fixtures with a uniform paint type and color which meets the approval of the city manager.
(Ord. 734-93 § 2)
In approving tentative or parcel maps, conditional use permits, special use permits, variances or other similar land use entitlements, the city may impose upon the applicant conditions and/or requirements which assist or facilitate implementation of this chapter. Such conditions may include, but are not limited to, the following:
A. 
Use of Anti-Graffiti Material. The applicant be required to apply an anti-graffiti material of a type and nature acceptable to the director of public works to all graffiti attracting surfaces.
B. 
Right of Access to Remove Graffiti. The applicant be required to execute a written grant, consent, easement or such other form of written permission as shall be required by the city attorney which authorizes the city's right-of-entry over and access to real property so as to effect graffiti removal.
C. 
Supply City Graffiti-Removal Materials. The applicant be required to supply, for a specified period to be determined by the director of public works, sufficient matching paint and/or anti-graffiti material to be used by the city in the painting over or removal of graffiti on any graffiti attracting surfaces.
D. 
Conditions, Covenants and Restrictions. The applicant be required to adopt and/or impose such conditions, covenants and restrictions as may be deemed necessary to require an owner of structures, walls, fences or other work of improvement on or to real property to remove any graffiti placed thereon. Any such conditions, covenants and restrictions shall be in a form satisfactory to the city attorney and shall run with the real property for the benefit of the city.
(Ord. 734-93 § 2)
Pursuant to Government Code Section 38772(a), any person who places graffiti on any public or privately owned structure, wall, fence or other work of improvement, including natural and manmade objects, located on publicly or privately owned real property within the city, shall be personally liable for any and all costs incurred in connection with the removal of any graffiti caused by that person, including all abatement costs, attorneys' fees and court costs to the prevailing party, removal costs, costs of repair and/or replacement, and the law enforcement costs incurred by the city in identifying and apprehending the person. The city is authorized to initiate a legal action to enforce this section, or to recover these costs by any other means provided by law. Recovery of attorneys' fees and court costs by the prevailing party shall be limited to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees, and in no case shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding. Disposition of a criminal prosecution relating to placement of graffiti does not preclude the city from seeking full cost recovery as provided herein.
(Ord. 1111-15 § 1)
Pursuant to California Civil Code Section 1714.1(b) and Government Code Section 38772(b), each parent or legal guardian having custody and control of a minor who places graffiti on any public or privately owned structure, wall, fence or other work of improvement, including natural and manmade objects, located on publicly or privately owned real property within the city, shall be jointly and severally liable with such minor for any and all costs incurred in connection with the removal of any graffiti caused by the minor, including all abatement costs, attorneys' fees and court costs to the prevailing party, removal costs, costs of repair and/or replacement, and the law enforcement costs incurred by the city in identifying and apprehending the minor. The liability of each parent or guardian shall not exceed the amount authorized by California Civil Code Section 1714.1(c), which may revised from time to time by the California Judicial Council. The city is authorized to initiate legal action to enforce this section, or to recover these costs by any other means provided by law. Recovery of attorneys' fees and court costs by the prevailing party shall be limited to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees, and in no case shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding. Disposition of a criminal prosecution relating to placement of graffiti does not preclude the city from seeking full cost recovery as provided herein.
(Ord. 734-93 § 2; amended during 6/30/96 supplement; Ord. 1111-15 § 2)
Upon the entry of a second or subsequent civil or criminal judgment within a two-year period finding an owner of property, minor or other person is responsible for a condition that may be abated in accordance with this chapter, the city may request the court order treble damages pursuant to Government Code Section 38773.7.
(Ord. 1111-15 § 3)
Any person who places graffiti on any public or privately owned structure, wall, fence or other work of improvement, including natural and manmade objects, located on publicly or privately owned real property within the city, shall be liable for a civil penalty not to exceed one thousand dollars for each violation. The civil penalty may be sought in addition to any other remedy. The city is authorized to seek recovery by any means authorized by law, including by a civil lawsuit. The parent or legal guardian having custody and control of a minor offender shall be jointly and severally liable with the minor for penalties assessed pursuant to this section.
(Ord. 1111-15 § 4)
Pursuant to California Government Code Sections 38773.1 and 38773.2, the city may elect that the costs of the abatement, as confirmed by the city council, shall constitute a lien against: the property of the graffiti perpetrator; and/or, if the graffiti perpetrator is a minor, the property of the parent(s) or legal guardian(s) having custody and control of the minor. The following procedure is required:
A. 
Prior to the recordation of the lien, the city shall issue notice of the lien to the owner of record of the parcel of land, based on the last equalized assessment roll or the supplemental roll, whichever is more current. Notice of the lien shall be personally served upon the minor or other person who perpetrated the graffiti nuisance, or the minor's parents or legal guardian. If personal service cannot be made after diligent search, the notice may be posted in a conspicuous place on the property where city abatement occurred and published in a newspaper of general circulation in the city for a period of ten days, or any other means of service authorized by California Government Code Section 38773.2(b).
B. 
Such notice shall describe the parcel of property which is to be subject to the lien, state the amount which the person, parent or guardian is required to pay pursuant to this chapter and indicate that unless payment is received by the city within ten days of the notice, the lien shall be recorded against the described real property.
C. 
If the total costs of the abatement are not paid to the city in full within ten days after the date of service of the notice, the city clerk or designee may record, in the county recorder's office in the county in which the parcel of land is located, a lien, which, from the date of recording, shall have the force, effect, and priority of a judgment lien and shall continue in full force and effect until the entire amount due is paid in full.
D. 
The lien shall specify: the amount of the lien; the city as the agency on whose behalf the lien is imposed; the date of the abatement order; the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed; and the name and address of the recorded parcel owner.
E. 
If the lien is discharged, released or satisfied, either through payment or foreclosure, the city clerk or his or her designee shall record notice of the discharge containing the information specified in subsection C of this section as to the lien and any other lien recorded against other parties pursuant to the same incidence of graffiti. Any such liens and releases of liens shall be indexed in the grantor-grantee index.
F. 
The city may bring an action to satisfy a lien through foreclosure.
G. 
If the county recorder assesses any fee to the city for processing and recording the lien and providing notice to the property owner, the city shall recover this amount from the property owner as a part of the foreclosure action to enforce the lien.
(Ord. 1111-15 § 5)
Pursuant to California Government Code Sections 38773.5 and 38773.6, the city may elect that the costs of the abatement, as confirmed by the city council, shall constitute a special assessment against: the property of the graffiti perpetrator; and/or, if the graffiti perpetrator is a minor, the property of the parent(s) or legal guardian(s) having custody and control of the minor. The following procedure is required:
A. 
The city shall send notice by certified mail to the property owner if the owner's identity can be determined from the county assessor's or county recorder's records. This notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. Such notice shall describe the parcel of property which is to be subject to the lien, state the amount which the person, parent or guardian is required to pay pursuant to this chapter and indicate that unless payment is received by the city within ten days of the notice, the lien shall be recorded against the described real property. Failure of the property owner to receive notice shall not affect the tax collector's power of sale.
B. 
If the total costs of the abatement are not paid to the city in full within ten days after the date of service of the notice, the city may cause the costs of the abatement to be charged to the owner of the subject lot or parcel on the next regular tax bill. The special assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties, procedures and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of the abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.
C. 
Notices or instruments relating to the abatement proceeding or special assessment may be recorded.
(Ord. 1111-15 § 6)
The remedies provided in this chapter are intended to be cumulative. Nothing in this article shall be deemed to prevent the city from commencing a civil, criminal or administrative proceeding to abate a public nuisance or obtain cost recovery as provided herein, from pursuing any other means available to it under provisions of applicable ordinances or state law, or from correcting other hazards or deficiencies on real property in addition to or as alternatives to the proceedings herein set forth. Additionally, the costs of the abatement may be submitted to the district attorney or local law enforcement in order to obtain restitution from a criminal defendant, including from a minor and the parent(s) or guardian(s) having custody and control of the minor.
(Ord. 1111-15 § 7)