The purpose of this chapter is to provide a program for removal
of graffiti from walls and structures on both public and private property
and to provide regulations designed to prevent and control the further
spread of graffiti in the city of Burlingame. The increase of graffiti
on both public and private buildings, structures and places is creating
a condition of blight within the city which results in a deterioration
of property and business values for adjacent and surrounding properties,
all to the detriment of the city. The city council finds and determines
that graffiti is obnoxious and a public nuisance which must be abated
so as to avoid the detrimental impact of such graffiti on the city
and to prevent the further spread of graffiti.
(Ord. 1433 § 1, (1991))
For the purpose of this chapter, "graffiti" shall mean the unauthorized
spraying of paint or marking of paint, ink, chalk, dye or other similar
substances on public or private buildings, structures and places.
(Ord. 1433 § 1, (1991))
(a)
No person shall place graffiti or other writing upon any public or
privately owned permanent structure or personal property located on
publicly or privately owned real property within the city of Burlingame.
(b)
No person owning or otherwise in control of any real or personal
property within the city shall permit or allow any graffiti to be
placed upon or remain on any structure or any personal property located
on such real property or upon his or her personal property when the
graffiti is visible from the street or other public place or private
property, for a period in excess of that described in this chapter
for notice and removal of graffiti.
(Ord. 1433 § 1, (1991))
Whenever the city attorney or his or her designee determines
that graffiti exists on any permanent structure in the city of Burlingame
and is visible from the street or other public or private property,
he or she shall cause a notice to be issued to abate such nuisance.
The property owner shall have 15 days after the date of the notice
to remove the graffiti or the property will be subject to abatement
by the city.
(Ord. 1433 § 1, (1991))
The notice to abate graffiti shall be served upon the owner(s)
of the affected premises, as such owner's name and address appears
on the last equalized property tax assessment rolls of the county
of San Mateo. In addition if there is a tenant of the premises, the
notice shall also be served on said tenant. If there is no known address
for the owner, the notice shall be sent in care of the property address.
If there is no person occupying said property, the notice shall be
posted thereon. The notice required by this chapter may be served
in any one of the following manners:
(a)
By personal service on the owner, occupant or person in charge of
the property;
(b)
By registered or certified mail addressed to the owner at the last
known address of said person.
(Ord. 1433 § 1, (1991))
Upon failure of persons to comply with the notice to abate by
the designated date, or such continued date thereafter as the city
attorney or his or her designated representative approves, the city
attorney is authorized to cause the graffiti to be abated by city
forces or private contract, and the city or its private contractor
is expressly authorized to enter upon the premises for such purposes.
All reasonable efforts to minimize damage from such entry shall be
taken by the city. Any paint used to obliterate graffiti shall be
as close as practicable to background color(s).
(Ord. 1433 § 1, (1991))
The owner shall reimburse the city for the actual cost of the removal of the graffiti. The costs to be reimbursed include labor, material preparation of specifications and contracts and inspection. Notice of the costs of abatement shall be given to the property owner by the city attorney, in the same manner as provided for giving notice in Section 10.30.060 hereof. The property owner may appeal said costs to the city manager by filing a written appeal within 15 days of the service of said notice. He or she may appeal the city manager's determination by written appeal to the city council within 15 days after receipt of the city manager's decision. The decision of the city council shall be final. Unless said costs are paid within 30 days of notice or in the case of an appeal, the determination of the appeal, a notice of lien shall be recorded in the office of the San Mateo county recorder and shall constitute a lien on the property.
(Ord. 1433 § 1, (1991))
