This chapter of the Malibu Municipal Code may be referred to as the "Graffiti Removal Ordinance" of the city.
(Prior code § 4900; Ord. 101 § 1, 1993)
The city council finds and declares that appearance of graffiti on public and private properties within public view is obnoxious and constitutes a public nuisance, the abatement of which shall be provided as set forth herein.
(Prior code § 4901; Ord. 101 § 1, 1993)
For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
means the intentional altering of the physical shape or physical appearance of property without prior consent of the owner of the property.
means any painting, marking, symbol, design, inscription or other defacement which is written, sprayed, painted, scratched, etched, engraved, or placed without the prior consent of the owner or person in possession thereof.
is a parent or guardian of an individual under 18 years of age and includes an agent of the parent or guardian, provided the agent is over the age of 18.
means any marker, pen or similar implement which contains a fluid which is not soluble in water, or which cannot be removed with water after drying, and has a flat, pointed or angled writing surface of a width of four millimeters or greater.
(Prior code § 4902; Ord. 101 § 1, 1993)
The purpose of this chapter is to provide for the prompt abatement of graffiti from public and private properties in the city and to regulate the sale and possession of materials used in acts of graffiti by minors.
(Prior code § 4903; Ord. 101 § 1, 1993)
No person shall permit any graffiti that may be viewed from the public right-of-way or other public property to remain on any building, structure, tree, shrub, sidewalk or curb owned or possessed by such person.
(Prior code § 4904; Ord. 101 § 1, 1993)
Whenever the city manager, or his or her designee, determines that graffiti is being maintained upon the premises within the city in violation of Section 8.20.050 of this chapter, the city manager, or his or her designee, shall send written notice to the owner or possessor of the premises of such condition and shall require that the graffiti be removed. The notice and order shall be sent to the owner as shown on the most recent equalized assessment roll and a copy shall be posted on the subject property. The notice shall state that the owner must remove the graffiti or consent to its removal by the city within 14 days from the date the notice was mailed.
(Prior code § 4905; Ord. 101 § 1, 1993)
A.
Property Owner's Consent to Remove. Whenever the city manager, or his or her designee, determines that graffiti is located on public or private property so that graffiti may be viewed by a person using any public right-of-way or other public property, the city manager, or his or her designee, is authorized to provide for and use public funds, if necessary, to remove graffiti upon the following conditions:
1.
Public Property. Whenever the city manager or his or her designee determines that graffiti exists upon property owned by the city, it shall be removed as soon as possible. When the property is owned by a public entity other than the city, the removal of the graffiti is authorized after securing written consent of the public agency having jurisdiction over the property.
2.
Private Property. Where the subject property is privately owned, the removal of graffiti is authorized after the city manager, or his or her designee, secures the written consent of the owner of the property and the owner executes a release and waiver approved as to form by the city attorney.
B.
Removal by City Without Consent of Property Owner. The city manager may initiate proceedings to abate any graffiti maintained contrary to the provisions of this chapter only after the following has occurred:
(Prior code § 4906; Ord. 101 § 1, 1993)
Prior to the city abating graffiti on private property without the consent of the owner, a hearing shall be conducted by the city manager or his or her designee, at which time the property owner shall be given an opportunity to be heard regarding the proposed abatement. A notice of the time, place and subject of the hearing before the city manager or his or her designee shall be sent to the property owner not less than 10 days prior to the hearing.
(Prior code § 4907; Ord. 101 § 1, 1993)
A.
The city manager shall cause to be served personally or by first class United States mail upon the owner as shown on the latest equalized tax assessment roll of the affected premises a copy of said notice and shall cause a copy thereof to be conspicuously posted on the affected premises.
B.
The notice shall be posted and served, as foresaid, at least 10 days before the time fixed for such hearing; proof of posting and serving of such notice shall be made by declaration under penalty of perjury filed with the hearing officer.
C.
The failure of any person to receive the notice shall not affect the validity of any proceedings under this chapter.
(Prior code § 4908; Ord. 101 § 1, 1993)
The hearing to determine whether a nuisance exists shall be conducted by the city manager or his or her duly authorized representative as the hearing officer. At the hearing, the hearing officer shall receive and consider all relevant evidence. Any interested person shall be given a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the city manager shall determine whether a nuisance within the meaning of this chapter exists and whether an abatement is appropriate.
(Prior code § 4909; Ord. 101 § 1, 1993)
Within 10 days after the hearing, the city manager, or his or her designee, shall give written notice of the decision to the owner and to any other person requesting the same personally or by first class United States mail, postage paid. If a nuisance is determined to exist and abatement is determined to be appropriate, the notice shall contain an order of abatement directed to the owner of the affected property or the person in the control and/or charge of the property, and shall set forth the nature of the graffiti, its location on the premises and the maximum number of days, time and manner for its abatement. The city manager may impose such conditions as are reasonably necessary to abate the graffiti. The decision of the city manager may be appealed to the city council by the filing of a written request for appeal with the city clerk within 10 days after the city manager's notice of the decision to the owner.
(Prior code § 4910; Ord. 101 § 1, 1993)
If the city manager's decision is not appealed and the nuisance is not abated within the time set by the order of abatement, the city manager, or his or her designee, is authorized to enter upon the premises and to abate the graffiti nuisance through utilization of labor, equipment and materials as directed by the city manager. The graffiti shall be removed as authorized herein, but the removal shall not involve the painting or repair of a more extensive area than is necessary for such removal. The city manager shall then prepare a statement of the fact of such abatement and of the expense incurred in abatement and shall file the statement with the city clerk. Such statement shall identify the premises including more than one lot, each separate lot, or all of the lots may be set forth in the same statement.
(Prior code § 4911; Ord. 101 § 1, 1993)
Upon competition of the work required to abate the graffiti, the cost to the city to perform such work shall be assessed against the property owner pursuant to the procedures set forth in the building code of the city.
(Prior code § 4912; Ord. 101 § 1, 1993)
Pursuant to Section 1714.1 of the California Civil Code, and any successor statute thereto, every parent or other legal guardian having custody or control of a minor who defaces property by inscribing graffiti thereon shall be jointly and severally liable with such minor for any resulting damages incurred by the property owner, or any other person, in an amount not to exceed $25,000 for each such act of defacement and for all attorneys fees and court costs incurred in connection with the civil prosecution for damages.
(Prior code § 4913; Ord. 101 § 1, 1993; Ord. 229 § 2(D), 2001)
It is unlawful for any person to sell, exchange, give or loan, or cause or permit to be sold, exchanged, given or loaned, any wide blade marker capable of defacing property to any person under the age of 18 years in the city.
(Prior code § 4914; Ord. 101 § 1, 1993)
It is unlawful for any person doing business in the city to display an aerosol spray can containing any substance capable of defacing property, commonly known as paint, or any wide blade marker capable of defacing property, for sale from any self-service or self-help shelf, counter or other dispenser that is not secured in such manner as to prevent the removal of any such aerosol spray can or wide blade marker without the assistance of business personnel.
(Prior code § 4915; Ord. 101 § 1, 1993)
Any person doing business in the city displaying, selling or otherwise providing any of the substances referred to in Section 8.20.160 shall prominently display at the location of sale and/or delivery a sign(s) clearly visible to employees and customers which states in writing, in both English and Spanish, "It is unlawful for any person to sell, lend, or give to any individual under the age of 18 years, aerosol spray paint cans or wide blade markers."
(Prior code § 4916; Ord. 101 § 1, 1993)
It is unlawful for any person under the age of 18 years to have in his or her possession any wide blade marker, while upon any public highway, street, alleyway, park, playground, vacant property or other public place, whether such minor is or is not in any automobile, vehicle of other conveyance.
(Prior code § 4917; Ord. 101 § 1, 1993)
The city may pay to any person who provides information which leads to arrest and conviction of any person who applies graffiti to any public or private property in the city visible to the public a reward as established by city council resolution. The amount of any reward paid pursuant to this section may be sought from the person arrested and convicted as restitution in addition to any other restitution associated with the removal of graffiti.
(Prior code § 4918; Ord. 101 § 1, 1993)
The remedies provided in this chapter are in addition to other remedies and penalties available under the Malibu Municipal Code and the laws of the state of California.
(Prior code § 4919; Ord. 101 § 1, 1993)