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)
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.
means a product that provides an anti-graffiti coating that
is compatible over acryliclatex painted surfaces, primed metal, plastic
and masonry substrates.
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.
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.
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.
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.
means any sheet of paper, fabric, plastic or other substance
with an adhesive backing which, when placed on a surface is not easily
removable.
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, 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.
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)
A violation of this chapter by any holder of a business license issued by the city may be grounds for revocation of such license as provided in Chapter 5.05.
(Ord. 734 § 2)
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)
