The City Council of the City of Walnut Creek finds that graffiti is offensive to the senses and interferes with the comfortable enjoyment of one's property and, therefore, constitutes a nuisance.
The Council also finds that graffiti decreases property values in the community and may lead to an increase in crime or juvenile delinquency. Graffiti is also visually obnoxious and inconsistent with the City's goals for property maintenance and maintenance of the City's development standards. Unless graffiti is quickly removed from private property, it results in other properties becoming the target of graffiti, thereby diminishing their value and reducing the ability of the City to meet the health, safety and welfare needs of its citizens.
Accordingly, the City will provide for the removal of graffiti from privately owned permanent structures located on privately owned real property within the City as authorized by California Government Code Section 38773.5.
(§ 1, Ord. 1844, eff. 10/13/1994)
a. 
Graffiti
shall mean the drawing, defacing, writing, marring, inscribing, scratching, painting, spraying or affixing of any word, figure or design on any structural component of privately owned property of another without the owner's consent.
b. 
Property Owner
shall mean any natural person, corporation, firm or other association or person whether the owner, lessee, sublessor, sublessee or occupant of any premises whereon such graffiti is being maintained, permitted or continued.
c. 
Removal
shall mean to repair, replace, remove, destroy or otherwise eliminate the graffiti by such means and in such manner and to such an extent that the graffiti is no longer visible.
(§ 1, Ord. 1844, eff. 10/13/1994)
It is hereby declared a nuisance for any person owning, leasing, renting, occupying, managing or having charge or possession of any property in the City to maintain or allow to be maintained, graffiti on such property if the graffiti, or any portion of it, is visible to the public from a public or private street, sidewalk or from other properties, public or private.
(§ 1, Ord. 1844, eff. 10/13/1994)
a. 
The City Council authorizes the Chief of Police to declare that graffiti which exists on a particular piece of property constitutes a nuisance. The Chief of Police shall provide notice to the property owner that graffiti present on the property constitutes a nuisance.
b. 
Notice will be provided to property owners and shall be addressed to the name and address as it appears on the latest equalized tax roll or in other records maintained by public agencies with a copy addressed to the subject property. Said notice shall be effected by depositing a copy of the notice in the U.S. Mail, Certified with postage fully affixed, or personally delivering a copy of the notice to the owner of the property. The service is 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 effect the validity of any legal proceedings regarding removal of the graffiti.
c. 
Unless an appeal is filed pursuant to Sec. 4-6.05, property owners shall remove graffiti from their property within fifteen (15) calendar days after notification by the Chief of Police to remove such graffiti. Extensions of the removal period may be granted in writing by the Chief of Police.
d. 
In the event the owner fails to remove the graffiti within 15 (fifteen) days after notice has been sent, the City may at its option abate the graffiti.
e. 
In the event the City abates the graffiti, the Director of Public Services shall prepare a report setting forth an accounting of the cost of abatement for each parcel of property where the work was performed. Such report shall be presented by the Director of Public Services to the City Council which may, after notice and an opportunity for the property owner to be heard, accept the report and overrule any objections by the property owners liable to be assessed for the abatement. The Council has the authority to modify the report if necessary. The Council may then confirm the report and such amount shall become a special assessment and lien against the property pursuant to Government Code Section 38773.5.
f. 
The cost of the abatement to be billed to the property owner shall be the cost for City crews or contractors to remove the graffiti plus the costs incurred by City in enforcing the abatement including investigation, boundary determination, repainting, measurement, clerical and other related costs.
g. 
After the assessment is made and confirmed by the Council, a lien attaches on the parcel upon recordation of the order with the County Recorder. The Director of Public Services shall also cause a copy of the report to be filed with the County Auditor on or before August 10th of every year so that the amount of the assessment may be collected at the time and in the manner as other municipal taxes. In the event payment of such taxes is delinquent, the amount is subject to the same penalties provided for ordinary municipal taxes.
(§ 1, Ord. 1844, eff. 10/13/1994)
a. 
The property owner may request a hearing with respect to the Chief of Police's determination that graffiti on a particular parcel constitutes a nuisance within ten (10) calendar days after mailing or personal delivery of the notice to remove graffiti. Such appeal shall only be effective if made in writing and received in the office of the Chief of Police prior to expiration of the ten days.
b. 
The Director of Public Services shall expeditiously hear and determine any appeal made pursuant to this section.
c. 
The decision of the Director of Public Services shall be final.
(§ 1, Ord. 1844, eff. 10/13/1994)
The City or property owner may seek restitution for the entire cost of removal, including administrative fees, to reimburse City or property owner for any damage caused by the graffiti or the removal. Said recovery may be pursued in a separate civil action, or as part of a criminal proceeding against the responsible party. Parental liability shall lie from damage or costs incurred by a minor who defaces or otherwise damages property pursuant to this section and California Civil Code Section 1714.1(b).
(§ 1, Ord. 1844, eff. 10/13/1994)