A. 
The purpose of this chapter is to prevent the spread of graffiti and to establish a program for its removal from public and private property.
B. 
The spread of graffiti on public and private buildings, structures or places causes blight, which depreciates the value of adjacent and surrounding properties and businesses.
C. 
Graffiti is inconsistent with the City's aesthetic standards, and unless it is promptly removed other adjacent properties may become the target of graffiti.
D. 
Graffiti also encourages other acts of vandalism and can breed criminal activity.
E. 
The placement of graffiti is often done in connection with gang activities and is often committed by persons under the age of eighteen (18) years.
F. 
This chapter is intended to supplement state law by providing for penalties and remedies to inhibit and abate the placement of graffiti on public and private property.
(Ord. 06-8 § 2, 11/14/2006; Ord. 13-6 § 6 (Exh. E), 5/28/2013)
The following words or phrases as used in this chapter have the following meanings:
"Aerosol paint container"
means any aerosol container regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or any other substance capable of defacing property.
"City Manager"
means the City Manager of the City of Santa Clarita or the Manager's designee.
"Felt tip marker"
means any marker or similar implement with a marking tip exceeding one-quarter (1/4) inch, containing anything other than a solution which can be removed with water after it dries.
"Graffiti"
means any unauthorized inscription, word, figure, or design as marked, etched, scratched, drawn, or painted on any structural component of any building, structure, or place, including but not limited to any wall, curb, sidewalk, sign, post, lamppost, hydrant, bridge, vehicle, tree, or other facility regardless of the nature of the materials of that structural component.
"Graffiti implement"
means an aerosol paint container, a felt tip marker, a paint stick, spray paint tip, or etching tool capable of marking or scarring glass, metal, concrete, wood, or other similar type surface.
"Hearing Officer"
means the person designated by the City Manager to hear administrative appeals of graffiti abatement determinations under this chapter.
"Minor"
means any person under the age of eighteen (18) years.
"Paint stick" or "graffiti stick"
means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark of at least one-eighth (1/8) inch.
"Responsible adult"
means a parent or legal guardian having custody or control of a minor.
"Slap tags"
means any material with an adhesive glue or tape, such as, but not limited to, decals, stickers, posters, or labels that may be applied to building structures, light posts, street poles, street signs, newspaper stands, phone booths, windows, utility boxes, or other surfaces on public and private property without permission. Slap tags are a form of street art in which an image or message is publicly displayed using stickers.
"Spray paint tip"
means any device capable of being placed upon an aerosol spray container for the purpose of spraying paint or any substance capable of defacing property.
(Ord. 91-51, 1/14/1992; Ord. 94-12, 10/11/1994; Ord. 06-8 § 2, 11/14/2006; Ord. 10-11 § 1, 9/28/2010; Ord. 13-6 § 6 (Exh. E), 5/28/2013; Formerly 11.68.010)
A. 
It is unlawful for any person to use a graffiti implement to apply graffiti upon any publicly or privately owned building, structure or place within the City.
B. 
Graffiti on public or private property constitutes a public nuisance.
(Ord. 93-15, 10/12/1993; Ord. 06-8 § 2, 11/14/2006; Ord. 13-6 § 6 (Exh. E), 5/28/2013; Formerly 11.68.031)
A. 
It is unlawful for any minor, without the consent of the applicable property owner, to possess any graffiti implement.
B. 
The provisions of subsection (A) of this section do not apply to any person who is traveling to or from a school or other nonprofit organization in which he or she is enrolled and is attending a class or other event for which the instructor or organizer has required, in writing, the use of any graffiti implement.
(Ord. 94-12, 10/11/1994; Ord. 06-8 § 2, 11/14/2006; Ord. 13-6 § 6 (Exh. E), 5/28/2013; Formerly 11.68.051)
Graffiti may be removed by any of the following methods:
A. 
Removal by Person Involved. Any person applying graffiti within the City must remove such graffiti with twenty-four (24) hours after notice by the City or the owner of the property involved. Failure to promptly remove the graffiti constitutes an additional violation of this chapter.
B. 
Removal by Property Owner.
1. 
A property owner must cause the removal of graffiti within seven (7) calendar days after the date of written notification from the City to remove such graffiti delivered personally or by certified mail to the address of the owner of the property appearing on the most recent equalized assessment roll or supplemental roll.
2. 
Proof of service of the notice must be made by declaration of the person effecting service stating the time, date and manner in which service of the notice was made.
3. 
The City's notice to abate the graffiti must be in substantially the following form:
NOTICE TO ABATE GRAFFITI
The undersigned code enforcement officer of the City of Santa Clarita has determined that graffiti constituting a public nuisance exists on your property located at: [address of property]
The graffiti must be removed within 7 calendar days from the date of this notice unless you file a written appeal of this determination with the Office of the City Manager of Santa Clarita within 3 business days of the date of this notice. The address for filing an administrative appeal is: _______________.
The graffiti must be removed by washing, sandblasting, chemically treating, or otherwise obscuring the graffiti such as to blend with the surrounding structure or property.
If the graffiti has not been removed by the date required by this notice or as ordered by the city's hearing officer if this determination is appealed, then the city may cause the abatement of the nuisance. If the city abates the nuisance, then the cost of all code enforcement efforts may be charged against your property in the form of a special assessment or lien.
Dated: __________
Department Officer
4. 
Within three (3) business days from the date of a graffiti abatement notice, the owner or any other person interested in the property affected by the notice may appeal the determination by filing a written notice of appeal with the City Manager. The City Manager will promptly schedule the hearing and provide written notice to the appellant of the date, time and place of the hearing at the address provided in the appeal. The hearing process will follow the procedure set forth in Section 23.30.090.
C. 
Removal by City.
1. 
Standard Abatement. If the graffiti has not been removed from the premises in question as directed by the abatement notice or by the order of the Hearing Officer, authorized City representatives may cause the graffiti to be removed and may obtain all necessary legal authorization to enter upon the property for the purpose of abating the nuisance if the consent of the property owner cannot be timely secured.
2. 
Summary Abatement. Notwithstanding the other provision of this section, the Department Director is authorized to cause the summary abatement of graffiti that is determined to create an immediate threat to public welfare or safety.
3. 
The City reserves the right to recover City costs and expenses pursuant to Sections 11.68.060 and 11.68.070, Penal Code Section 594, Civil Code Sections 731 and 1714.1, Government Code Section 38771 et seq. and Welfare and Institutions Code Section 742.10 et seq. from any person, including any parent or legal guardian of a minor, who has willfully damaged property in a manner described within Section 11.68.030. The City further preserves the right to file a civil action and/or pursue any other legal remedy to collect the costs of abatement incurred pursuant to this chapter.
(Ord. 93-15, 10/12/1993; Ord. 06-8 § 2, 11/14/2006; Ord. 13-6 § 6 (Exh. E), 5/28/2013; Formerly 11.68.033)
In addition to any other legal remedy, the City may utilize the following procedures to recover the costs of abating graffiti against a property owner:
A. 
Upon the City's removal of graffiti, the City may provide a written accounting of the costs of removal along with a demand for payment to the property owner pursuant to the notice and hearing procedures set forth in Section 23.30.120.
B. 
If the costs of removal have not been paid within ninety (90) days from the date of the demand, or, if applicable, the City Manager's or designee's written decision on the costs of abatement, the City Manager may cause the unpaid amount to be charged as a lien or a special assessment upon the property owner's property following the applicable procedures in Section 23.30.130.
C. 
The notice of lien required under this code must be in substantially the following form:
NOTICE OF LIEN
(Claim of the City of Santa Clarita)
As authorized under Government Code sections 38773, 38773.1, and 38773.5 and Chapter 11.68 of the Santa Clarita Municipal Code, on [insert date] the City of Santa Clarita caused the removal of graffiti at the premises described below in order to abate a public nuisance on the real property. On [insert date], the City of Santa Clarita determined the cost of abating this nuisance to be the sum of $__________. As this money has not been paid, the City of Santa Clarita claims this sum as a lien against the real property described below until the amount has been paid in full.
This amount may be collected as a special assessment against the premises described below. Please note that the property may be sold after three years by the tax collector for unpaid delinquent assessments and that any special assessment for abatement costs and fees may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.
The real property upon which a lien is claimed is that certain parcel of land in the City of Santa Clarita, County of Los Angeles, State of California and particularly described as follows: [insert property description and assessor's parcel number]
Dated:
City Officer
(Ord. 91-51, 1/14/1992; Ord. 93-1, 1/26/1993; Ord. 93-15, 10/12/1993; Ord. 06-8 § 2, 11/14/2006; Ord. 13-6 § 6 (Exh. E), 5/28/2013; Formerly 11.68.030, 11.68.032)
In addition to any other legal remedy, the City may utilize the following procedures:
A. 
When the disposition of a criminal case, or a proceeding pursuant to Welfare and Institutions Code Section 602, determines that a minor or other person in such case is responsible for creating, causing or committing the graffiti which was abated by the City, that same person, or in the case of a minor, the minor's parent or parents or legal guardian, shall be liable for all abatement and related costs incurred by the City. These costs shall include, but are not limited to, court costs, attorney's fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the City in the identification and apprehension of the minor or other person responsible for the graffiti or other inscribed material on publicly or privately owned permanent real or personal property within the City, as prescribed within Government Code Sections 38772 through 38773.6 and 53069.3.
1. 
The determination of responsibility for creating, causing or committing the graffiti shall be presumed by any confession, admission, guilty plea, or plea of nolo contendere to any violation of Penal Code Sections 594, 594.3, 640.5, 640.6, or 640.7.
2. 
In the case of a minor, responsibility for creating, causing or committing the graffiti shall also be determined upon a conviction by final judgment or by the minor being made a ward of the Juvenile Court pursuant to Welfare and Institutions Code Section 602 by reason of the commission of any act prohibited under Penal Code Sections 594, 594.3, 640.5, 640.6, or 640.7.
B. 
The City may recover all City funds used to remove graffiti, repair or replace graffiti-damaged real or personal property within the City by making the expense of abatement of the nuisance, as defined by Government Code Section 38772, a lien against property of the minor or other person and a personal obligation against the minor or other person pursuant to Government Code Section 38773.2 or 38773.6. The parent(s) or guardian(s) having custody and control of the minor shall be jointly and severally liable with the minor pursuant to Government Code Sections 38772, 38773.2 and 38773.6. The graffiti nuisance abatement lien shall be created as follows:
1. 
The City shall give notice of intent to record a graffiti nuisance abatement lien to the minor or other person prior to recordation of a lien on the parcel of land owned by the minor or other person responsible for creating the graffiti nuisance. If appropriate, the City shall also give notice of intent to record a graffiti nuisance abatement lien to the parent or guardian having custody of the minor responsible for creating the graffiti nuisance prior to recordation of a lien on the parcel of land owned by the parent or guardian. Any such notice of intent to record a graffiti nuisance abatement lien shall be served by personal service in the same manner as a civil action in accordance with the Code of Civil Procedure Section 415.10. If the minor or other person responsible for creating the graffiti nuisance, after diligent search, cannot be found, the notice may be served by posting a copy of the notice in a conspicuous place upon the property owned by the minor or other person responsible for creating the graffiti nuisance for a period of ten (10) days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Government Code Section 6062. If the parent or guardian having custody and control of the minor, after diligent search, cannot be found, the notice may be served by posting a copy of the notice upon the property owned by the parent or guardian having custody and control of the minor, in a conspicuous place, for a period of ten (10) days. The notice shall also be published in a newspaper of general circulation published in the county in which the property is located pursuant to Government Code Section 6062.
2. 
The notice of intent to record a graffiti nuisance abatement lien shall include:
a. 
A description of the underlying criminal case or proceeding pursuant to Welfare and Institutions Code Section 602;
b. 
A brief description of the property damage and the location and/or address of the graffiti offense;
c. 
The amount of the abatement and related costs incurred by the City;
d. 
A demand that the minor or other person pursuant to Government Code Section 38773.2 or 38773.6, or parent(s) or guardian(s) having custody and control of the minor, pay the amount of the proposed lien to the City within thirty (30) days of the service of the notice of intent to record a graffiti nuisance abatement lien and that the failure to pay the proposed lien within thirty (30) days will result in the recordation of the graffiti nuisance abatement lien;
e. 
A statement that any interested party may request a hearing before the City Council, or designee, and that any such request must be in writing and received by the City Clerk within ten (10) days of the service of the notice of intent to record a graffiti nuisance abatement lien;
f. 
A statement that the City may collect the amount of the graffiti nuisance abatement lien as a special assessment as set forth in subsection (C) of this section.
3. 
Any party subject to a notice of intent to record a graffiti nuisance abatement lien may request a hearing before the City Council. Any such request for a hearing must be received by the City Clerk's office in writing within ten (10) days of the service of a notice of intent to record a graffiti nuisance abatement lien. At the conclusion of the hearing, the City Council will adopt a resolution confirming, discharging, or modifying the lien amount.
4. 
A graffiti nuisance abatement lien shall be recorded in the County Recorder's office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.
5. 
A graffiti nuisance abatement lien authorized by this section shall specify the amount of the lien; the name of the agency on whose behalf the lien is imposed; the date of the abatement order; the street address, legal description, and assessor's parcel number of the parcel on which the lien is imposed; and the name and address of the recorded owner of the parcel.
6. 
If the lien is discharged, released, or satisfied through payment or foreclosure, notice of the discharge containing the information specified in subsection (B)(5) of this section shall be recorded by the governmental agency. A graffiti nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.
7. 
A graffiti nuisance abatement lien may be satisfied through foreclosure in an action brought by the City.
8. 
The City may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.
C. 
As an alternate to a graffiti nuisance abatement lien, the City may recover its costs, as delineated above, as a special assessment against the parcel of land owned by the minor or other person responsible for creating the graffiti or by the parent or guardian having custody and control of the minor responsible for creating the graffiti. The City shall give notice of the special assessment at the time of imposing the assessment and shall specify that the property may be sold after three (3) years by the tax collector for unpaid delinquent assessments. The City shall give such notice to the property owner by certified mail, if the property owner's identity can be determined from the County Assessor's or County Recorder's records. After recordation of the graffiti nuisance abatement lien, the City may provide a copy of the notice of proposed recordation, proof of service, and the recorded lien to the tax collector and the tax collector will add the described special assessment payments to the next regular tax bill levied against the respective lots or parcels. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes pursuant to Government Code Section 38773.6.
D. 
Any parent or legal guardian of a minor is personally liable for any and all costs to the City incurred in connection with the removal of graffiti caused by the conduct of said minor, and for all attorney's fees, court costs, and civil penalties incurred in connection with the civil prosecution of any claim for damages or reimbursement. The City may pursue all available legal remedies against a parent or legal guardian to satisfy any judgment or recover any owed amounts.
E. 
Second or Subsequent Criminal Judgment. Upon the entry of a second or subsequent civil or criminal judgment within a two (2) year period finding that a person described in paragraph (3) of subdivision (d) of Government Code Section 38772 is responsible for the defacement of property of another by graffiti or other inscribed material, the court may order damages in an amount treble the costs of abatement pursuant to Government Code Section 38773.7.
(Ord. 13-6 § 6 (Exh. E), 5/28/2013)
The City is authorized to expend City funds to remove graffiti from public or privately owned buildings, structures and other places within the City. Such expenditures may be made only for the removal of graffiti and not the painting or repair of a more extensive area.
(Ord. 91-51, 1/14/1992; Ord. 06-8 § 2, 11/14/2006; Ord. 13-6 § 6 (Exh. E), 5/28/2013; Formerly 11.68.070)
Any business or establishment offering for sale to the public aerosol paint containers or markers with a marking tip exceeding one-quarter (1/4) inch, containing anything other than a solution which can be removed with water after it dries, shall keep, store and maintain all such aerosol paint containers or markers in an area viewable by, but not accessible to, the public in the regular course of business without employee assistance, pending legal sale or disposition of such marker pens or paint containers.
(Ord. 93-11, 5/11/1993; Ord. 06-8 § 2, 11/14/2006; Ord. 13-6 § 6 (Exh. E), 5/28/2013; Formerly 11.68.080)
Pursuant to Section 1714.1(b) of the California Civil Code, any act of willful misconduct of a minor which results in the defacement of property of another with paint, graffiti implement, or any similar substance or device shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, including court costs and attorney's fees, to the prevailing party, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct. The liability of each parent or guardian shall not exceed the amount authorized by the California Judicial Council in accordance with Section 1714.1(c) of the California Civil Code for each act of the minor.
(Ord. 13-6 § 6 (Exh. E), 5/28/2013)
Any violation of the provisions of this chapter will constitute a misdemeanor and each such violation will constitute a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this chapter is committed, continued, or permitted.
(Ord. 93-11, 5/11/1993; Ord. 06-8 § 2, 11/14/2006; Ord. 13-6 § 6 (Exh. E), 5/28/2013; Formerly 11.68.090)
Nothing in this chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a public nuisance, or from pursuing any other means available to it under provisions of applicable ordinances or state law to correct hazards or deficiencies in real property, in addition to or as alternatives to the proceedings set forth in this chapter.
(Ord. 13-6 § 6 (Exh. E), 5/28/2013)