Whenever graffiti or other prohibited material is located on a building, structure, tree, shrub, sidewalk, curb or vehicle in the city of San Bruno which either is visible from any real property (whether privately or publicly owned), public right-of-way other area open to the public, the city manager is authorized to provide for the removal of the graffiti in accordance with state law and established city procedures.
(Ord. 1760 § 3, 2008; Ord. 1881 § 3, 2020)
A. 
Authority of City Manager. In instances where a responsible person consents to the abatement of graffiti or graffiti prone structures or surfaces by city forces, the city manager or designee, is authorized to immediately abate the nuisance with city forces or any individual, group or business entity duly authorized by the city manager or designee to abate graffiti.
B. 
Consent to Abate—Costs. The City may abate graffiti found on any property subject to securing the consent, release and waiver of a responsible person, as set forth in this chapter. The cost will be at no charge to the responsible party. The city manager or designee is authorized to enter into general arrangements with the responsible person to secure a long-term consent, release and waiver on a form approved by the city attorney.
C. 
Exceptions. Notwithstanding the foregoing, the following types of properties shall be requested to consent to abatement and shall also be charged the city's abatement costs:
1. 
Commercial and retail properties located in shopping malls and shopping centers;
2. 
Industrial properties;
3. 
Residential properties and common areas thereof that are subject to a homeowner's association;
4. 
Utilities, transit and other public agencies; and
5. 
Graffiti prone structures and surfaces excluding residential properties not subject to a homeowner's association.
(Ord. 1760 § 3, 2008; Ord. 1881 § 3, 2020)
Notwithstanding the provisions of Chapter 5.08, whenever any enforcement officer determines the existence of a nuisance as defined by and declared in Section 5.16.020 of this chapter and determines that city may need to abate said nuisance, the enforcement officer shall issue a "notice to abate graffiti nuisance" (hereinafter, "notice to abate graffiti") to a responsible person for the property where the nuisance exists, requiring the abatement of the nuisance within four calendar days of the date of service of the notice to abate graffiti, or within some other reasonable time in connection with a "graffiti prone structure or surface" of not less than ten days.
(Ord. 1760 § 3, 2008; Ord. 1881 § 3, 2020)
A. 
A notice to abate graffiti issued pursuant to this chapter shall contain the following provisions:
1. 
The address of the real property on which the nuisance condition exists;
2. 
A brief description of the nuisance condition(s);
3. 
A reference to the law prohibiting or pertaining to the nuisance condition;
4. 
A brief description of the required corrective actions;
5. 
A time period and/or schedule in which to complete the nuisance abatement actions (with all required city approvals, permits and inspections, when applicable) [hereinafter, "compliance period"];
6. 
The period and manner in which a responsible person may contest the notice to abate graffiti pursuant to this chapter;
7. 
A statement that if the violations are not abated within the time specified or a timely appeal is not made, city agents may abate such nuisance, in the manner provided in the notice. On such occasions, all costs of the abatement shall be assessed against the responsible person(s) and/or the subject property, as a lien or as a special assessment (in accordance with the provisions of this chapter) or in any other manner provided by law;
8. 
A statement regarding the opportunity to consent to removal of graffiti by city forces, the city's cost recovery policy, and a statement that the city will make a reasonable effort to clean and/or paint out graffiti in such a way that property may be returned to its pre-graffiti condition but that it may not be feasible to do so;
9. 
A statement that if the public nuisance described in the notice is not fully abated or corrected within the specified time, a notice of substandard property may be filed against the subject property with the county of San Mateo recorder's office.
B. 
The notice requirements and timelines contained in this chapter apply specifically, and only, to instances to where a public nuisance is declared, and abatement by city forces is sought under the abatement provisions of this article. In no event does this chapter or its requirements and timelines limit the right of city officials to issue written or oral notices of code violations to persons specifying shorter or different compliance periods when abatement by city forces is not the contemplated remedy.
C. 
Failure of any responsible person to receive a notice shall not affect the validity of any administrative nuisance abatement action, or the city's right of cost recovery as provided for in this chapter.
(Ord. 1760 § 3, 2008; Ord. 1881 § 3, 2020)
A. 
An enforcement officer issuing a notice to abate graffiti, on a form approved by the city attorney, shall serve the notice to abate graffiti on a responsible person in either of the following manner(s):
1. 
Personal Service Upon the Responsible Person. If the responsible person is an entity, the enforcement officer may personally serve an employee, principal, partner, director, officer or representative on behalf of said entity. The date of personal service shall constitute the date of service of the notice to abate graffiti.
2. 
Service by Mail and Posting. The notice shall be mailed to the responsible person by certified mail, postage prepaid, return receipt requested and simultaneously, a copy of the citation shall be sent by first class United States mail addressed to the responsible person's last known mailing address as determined by public records (including but not limited to, business licenses, San Mateo County recorder's office). Additionally, the notice shall be posted at a conspicuous place on the property containing the graffiti nuisance or on the abutting public right-of-way. The date on which the notice is deposited with the U.S. Postal Service and posted at the property, which must be on the same date, shall constitute the date of service.
B. 
Failure of any responsible person to receive a notice to abate graffiti shall not invalidate any action or proceeding pursuant to this chapter.
(Ord. 1760 § 3, 2008; Ord. 1881 § 3, 2020)
A. 
Where graffiti is being abated by the repainting of the surface on which the graffiti exists, the responsible person shall use paint that reasonably matches the color of the remaining portions of the structure being painted or as otherwise approved by the community development director.
B. 
As it relates to a graffiti prone structure or surface, a notice to abate graffiti may require, but shall not be limited to, any of the following anti-graffiti measures (or combinations thereof) to said building, structure, tree, shrub, sidewalk, curb or vehicle (or the property on which said building, structure, tree, shrub, sidewalk, curb or vehicle exists) as methods of abatement (the costs of which are to be borne by the responsible person) and permits and inspections as applicable must be obtained, and approvals by the community development director or designee:
1. 
Application, installation and/or use of anti-graffiti materials to the surface or structure such as antietching films or anti-graffiti paints;
2. 
Installation and use of landscaping so as to screen or to provide a barrier to the surface or structure;
3. 
Installation and use of additional lighting; and
4. 
Building design modifications or changes to surface or structure (at a cost not to exceed ten percent of the assessed value of the property) on which the nuisance exists, as indicated on the last equalized assessment roll of the San Mateo County recorder's office.
C. 
Scope of Abatement. Whenever the city authorizes the use of public funds for the removal of graffiti, the painting or repairing of surfaces containing graffiti, or for the abatement of graffiti prone structure or surface, the city shall not authorize or undertake to provide for the painting or repairing of any more extensive area than that where the graffiti or graffiti attracting surface is located, unless the city manager, or designee, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid aesthetic disfigurement to the neighborhood or community, or unless a responsible person agrees in writing to pay for the costs of repainting or repairing the more extensive area.
(Ord. 1760 § 3, 2008; Ord. 1881 § 3, 2020)
A. 
Right of Appeal From a Notice to Abate Graffiti.
1. 
Notwithstanding the provisions of Chapter 5.08 of this code, a responsible person receiving a notice to abate graffiti may contest the notice by filing a written request for an appeal and paying any applicable fees (as established by city council resolution) with the city clerk within four calendar days of the date of service of the notice to abate graffiti. A written request for an appeal shall contain the following information:
a. 
Name, address, and telephone number of each responsible person who is appealing the notice to abate graffiti (hereinafter "appellant"), as well as a description of each appellant's relationship/interest in the real property upon which the city intends to enter and abate a graffiti nuisance;
b. 
Address and description of real property upon which the city intends to enter and abate a graffiti nuisance;
c. 
Date of notice to abate graffiti being appealed:
d. 
Specific action being appealed;
e. 
Grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy; and
f. 
The signature of at least one applicant.
2. 
Failure of the city manager to receive a timely request for a hearing and/or payment of applicable fees constitutes a waiver of the right to contest a notice to abate. In this event, the notice to abate is final and binding.
3. 
The provisions of this section only apply to instances where the city has elected to establish the right, but not the obligation, to abate graffiti with city agents. In no event does this article limit the right of city officials to issue alternative written or oral notices of code violations to responsible person, or to cause the abatement of graffiti in a different manner, including, without limitation, by court orders arising from the city's exercise of its criminal or civil remedies.
B. 
Appeal Hearing.
1. 
As soon as practicable after receiving the request for an appeal (and in no event more than fifteen days from the filing of the request), the city manager shall schedule the appeal hearing. The city manager shall provide each appellant with notice of the date, time and location of the appeal hearing at least five calendar days prior to its occurrence. Service of the notice shall be made by first class mail, postage prepaid, to each appellant at the addresses provided on the request for an appeal. The failure of any appellant to receive a properly address notice of hearing shall not invalidate any action or proceeding by the city pursuant to this chapter.
2. 
Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish a graffiti nuisance by a preponderance of the evidence. The notice to abate graffiti and any additional reports/photographs submitted by the enforcement officer shall constitute prima facie evidence of the facts contained in those documents and such enforcement officer is not required to participate in the appeal hearing. The appellant and city officials shall have the right to present testimony, witnesses and evidence at the hearing pertaining to the alleged nuisance or other grounds of appeal, as well as to cross-examine any witnesses testifying at the hearing.
3. 
The failure of any appellant to appear at the hearing shall constitute a rescission of the request for an appeal hearing, and the appellant will be deemed to have waived his right to a hearing. In this event, the notice to abate graffiti shall be deemed final and binding.
4. 
The city manager may continue the hearing on his or her own motion.
C. 
Notice of Decision—Order to Abate.
1. 
Within a reasonable time, not to exceed ten calendar days following conclusion of the hearing, the city manager shall make any one of the following determinations in a written decision (hereinafter "order to abate"): (a) a finding and description of each nuisance condition at the subject property; (b) or the non-existence thereof. In the event of a finding of non-existence of all nuisance conditions contained in the notice to abate graffiti, the city manager shall cancel the notice to abate graffiti.
2. 
The name of each person responsible for a nuisance condition, or conditions at subject property, as well as the name of any appellant who lacks responsibility therefor.
3. 
The required corrective action and completion date for each unabated nuisance condition.
4. 
Any other finding, determination, or requirement that is relevant or related to the subject matter on appeal.
D. 
The decision of the city manager is final and binding. The order to abate shall also contain the following statement: The city manager's decision is final, and judicial review of this decision is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6, et seq.
E. 
A copy of the order to abate shall be served on all appellants by first class mail to the addresses stated on the request for appeal form. In the event that responsible person was originally served with a notice to abate graffiti but was not an appellant, such responsible person shall also be served with a copy of the order to abate by first class mail to the address at which the notice to abate graffiti was served. Failure of an appellant or other responsible person to receive a properly addressed and mailed order to abate shall not invalidate any action or proceeding pursuant to this chapter.
(Ord. 1760 § 3, 2008; Ord. 1881 § 3, 2020)