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)
