Any person applying graffiti within the City shall have the duty to remove same in a manner approved by the City within 24 hours after notice by the City or the public or private owner of the property involved. The notice to the person applying graffiti shall be in writing and shall be addressed and served in the manner provided in Section 4-18.1003(b) of this article. Failure of any person to so remove graffiti shall constitute an additional violation of this chapter. Consistent with Section 1714.1 of the Civil Code where graffiti is applied by minors, the parent or guardian shall be responsible for such removal or payment for the cost thereof.
(§ 1, Ord. 701, eff. November 26, 1993, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
Whenever the Director of Public Works or his or her designated
representative determines that graffiti exists upon property owned
by the City, it shall be removed as soon as possible. When property
is owned by a public entity other than the City, the removal of the
graffiti may be authorized by the Director of Public Works or his
or her representative and removal undertaken by City personnel or
independent contractor only after securing written consent of the
public entity having jurisdiction over the property.
(§ 1, Ord. 701, eff. November 26, 1993, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
(a)
Duty to remove. It is the duty of every owner of
property to remove promptly therefrom any and all graffiti and to
do so in a manner acceptable to the City. Where graffiti is located
upon private property, which is capable of being viewed by persons
utilizing any public right-of-way or sidewalk within the City, the
City may cause a written notice to be served upon the owner of the
affected premises requesting the removal of that graffiti. Unless
additional time is granted by the City, due to a hardship in complying,
the property owner shall have 10 calendar days after the date of the
City's notice to remove the graffiti. Failure to remove shall be a
violation for each day the graffiti is not removed and deemed to authorize
the City's removal and assessment of costs of such removal as a lien
on the subject property.
(b)
Notice. Notice to private property owners by the
City shall be addressed to the name and address as it appears on the
last tax assessment roll by depositing a copy of the notice in the
United States mail, certified, with postage fully affixed, or by personally
delivering a copy of the notice to the owner of the property. The
service shall be complete at the time of deposit in the mail or when
personal service is effectuated. The failure of any person to receive
such notice shall not affect the validity of any legal proceedings
regarding removal of the graffiti.
(§ 1, Ord. 701, eff. November 26, 1993, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
Whenever the City becomes aware, or is notified and determines
that graffiti is so located on public or privately owned property
viewable from a public or quasi public place within the City, the
City shall be authorized to use public funds for the removal of same,
or for the painting or repairing of same, but shall not authorize
or undertake to provide for the painting or repair of any more extensive
area than that where the graffiti is located, unless the City Manager,
or his or her designee, determines in writing that a more extensive
area is required to be repainted or repaired in order to avoid an
aesthetic disfigurement to the neighborhood or community, or unless
the responsible party agrees to pay for the costs of repainting or
repairing the more extensive area.
(§ 1, Ord. 701, eff. November 26, 1993, as renumbered by § 2, Ord. 800, eff. August 8, 2008)
