A. 
The purpose of this chapter is to authorize the establishment of a program to summarily abate graffiti throughout the unincorporated area of the County of Sacramento.
B. 
It is also the purpose and intent of this chapter to help prevent the spread of graffiti and to establish a program for its removal from public and private property. The spread of graffiti on public and private buildings, walls, signs and other structures or places or other surfaces causes blight within the County, resulting in a genuine threat to life, incalculable economic losses to businesses in terms of physical property, profits and goodwill, and the general deterioration of property and business values for adjacent and surrounding properties. The power of graffiti to create fear and insecurity within the community and blight upon the landscape, reduce property values and detracting from the sense of the community enjoyed by residents of the County is beyond the cost of cleanup or removal. Not only is graffiti a property crime, but a social crime affecting the quality of life and freedom from intimidation that citizens desire within their neighborhoods.
C. 
The Board of Supervisors finds that proliferation of graffiti constitutes a public nuisance that presents an imminent danger to the public safety and welfare. Law enforcement officials and other experts agree that immediate removal of gang-related graffiti is necessary to reduce the risk of violent and other criminal activities associated with gangs and gang territories. The presence of graffiti which is not abated immediately encourages the creation of additional graffiti which results in neighborhood blight, additional criminal activity and increased costs of abatement. Such a public nuisance therefore constitutes an immediate threat to public health and safety that must be summarily abated.
(SCC 0940 § 1, 1993; SCC 0973 § 1, 1994; SCC 1532 § 1, 2013; SCC 1606 § 55, 2017)
For purposes of this chapter, the following words shall have these definitions:
A. 
"County" is the unincorporated area of the County of Sacramento.
B. 
"Director of Transportation" shall mean the Director of Transportation for the County of Sacramento or designee.
C. 
"Graffiti" shall mean any inscription, word, figure, picture, design or other graphic representation prohibited by law or unauthorized by the owner or person in possession of the subject property, which is marked, etched, scratched, drawn, painted or otherwise applied on any building or other public or private facility or other property, and can be seen by any person using any public right-of-way. "Graffiti" includes, but is not limited to: (1) graphic representations which are obnoxious or an eyesore; (2) representations of any gangtype group; (3) projection of threats; (4) insults to any race, creed or religion; or (5) expressions of profanity.
(SCC 0940 § 1, 1993; SCC 0973 § 1, 1994; SCC 1532 § 1, 2013; SCC 1606 § 56, 2017)
The Board of Supervisors finds and declares that the existence of graffiti on any public or private property within the County constitutes a public nuisance that presents an imminent danger to the public safety and welfare. It shall be the duty of both the owner of the property on which the graffiti is located and any person who is in possession of such property to at all times maintain such property free from graffiti. If the owner or person in possession of such property fails to maintain it free of graffiti at any time, the graffiti may be summarily abated as set forth in this chapter.
(SCC 0940 § 1, 1993; SCC 0973 § 1, 1994; SCC 1532 § 1, 2013)
A. 
The Director of Department of Transportation is hereby authorized to summarily abate graffiti on any private property within the County, unless an objection is made pursuant to Section 6.120.060.
B. 
The Director of the Department of Transportation is hereby authorized to summarily abate graffiti on any property within the public right-of-way within the County.
C. 
Abatement may also be undertaken by an outside contractor under the direction of the Director of the Department of Transportation.
D. 
Abatement shall be limited to the removal of the graffiti or other inscribed material itself, or, if the graffiti or other inscribed material cannot be removed cost effectively, the repair or replacement of the portion of the property that was defaced.
(SCC 0940 § 1, 1993; SCC 0973 § 1, 1994; SCC 1532 § 1, 2013; SCC 1606 § 57, 2017)
The Director of the Department of Transportation is charged with the responsibility of administering this chapter and exercising the authority conferred thereby. The Director of the Department of Transportation may enter upon private property within the County for purposes of administering and enforcing this chapter, to inspect graffiti on any property within the County, and to remove, or cause to be removed, graffiti on any property within the County.
(SCC 0940 § 1, 1993; SCC 0973 § 1, 1994; SCC 1532 § 1, 2013; SCC 1606 § 58, 2017)
Before summarily abating graffiti on any public or private property within the County, the Director of Transportation shall notify the property owner or person in possession of the property of the intent to abate and secure their consent. If the Director of Transportation or their representative is unable to secure consent or is notified either in writing or verbally that the property owner or person in possession of the property objects to the summary abatement of graffiti on his or her property, the Director of Transportation shall terminate his or her efforts to summarily abate such graffiti and shall instead institute the notice and hearing procedure set forth in Section 6.120.070.
(SCC 0940 § 1, 1993; SCC 0973 § 1, 1994; SCC 1532 § 1, 2013; SCC 1606 § 59, 2017)
A. 
In cases where the property owner or person in possession of the property on which graffiti is located objects to the summary abatement of graffiti on such property pursuant to Section 6.120.060 hereof or when consent cannot be obtained, the Director of Transportation shall serve a written notice to abate such graffiti upon the owner of the property as shown on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice shall be served by first class mail and a copy of the notice shall be posted on the property. The notice to abate the graffiti shall include the following information: (1) the street address, legal description or other description sufficient to identify the affected property; (2) a statement that the property owner or person in possession of the property has seven calendar days from the date of the notice to voluntarily abate the graffiti; (3) a statement that the property owner or person in possession of the property may, during the period for voluntary abatement, file a written request for a hearing with the Director of Transportation if they object to the demand to abate the graffiti; and (4) a statement that if the graffiti is not voluntarily abated within the stated period, and the property owner or person in possession of the property fails to file a timely written request for a hearing, the County will abate the graffiti.
B. 
A written request for a hearing must be received by the Director of Transportation or designated representative within seven days of the date of the notice to the property owner. The Director of Transportation shall set a time and date for the hearing and notify the person requesting the hearing in writing of the time, date and place of the hearing. The hearing shall be before a person designated by the Director of Transportation. The hearing shall be an informal opportunity for the person requesting the hearing to present his or her objections to the abatement of the graffiti.
C. 
After the conclusion of the hearing, the person designated as the Hearing Officer shall render a decision in writing that either upholds or denies the County's authority to abate the graffiti. If the County's authority to abate the graffiti is sustained, the decision shall contain an order to abate and a deadline for abatement by the property owner or person in possession of the property which shall not be more than seven calendar days from the date of the decision. The decision shall be served on the person requesting the hearing by first class United States mail. The decision of the Hearing Officer shall be final.
D. 
If the graffiti is not abated within the time prescribed in the Hearing Officer's order, and if a timely request for a hearing is not filed, the Director of Transportation or designee shall be authorized to immediately abate such graffiti.
(SCC 0940 § 1, 1993; SCC 0973 § 1, 1994; SCC 1532 § 1, 2013; SCC 1606 § 60, 2017)
Pursuant to Government Code Sections 38772 through 38773.6 and 53069.3, all costs and expenses of graffiti abatement, including, but not limited to, inspection costs, court costs, attorneys' fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and law enforcement costs incurred by the County in identifying and apprehending the person or persons responsible for applying the graffiti may be recovered and collected from the person determined to be the responsible party in the manner prescribed in Articles IX and X of Chapter 16.18 of this code. Costs of summary abatement of graffiti may also be assessed against the abated property in the manner prescribed in Articles IX and X of Chapter 16.18 of this code.
(SCC 1532 § 1, 2013)