A. 
The purpose of this chapter is to provide for the prompt abatement of graffiti from public and private properties in the city; to provide for methods of controlling the sale to and the unauthorized use of aerosol paint containers and wide tipped marker pens by minors; and to encourage citizens to report occurrences of graffiti vandalism within the city.
B. 
Due to the increase of graffiti vandalism on both public and private property, a condition has arisen within the city which has resulted in a deterioration of property values and concern for the quality of life of the city's citizens. The city council finds and determines that graffiti constitutes a public nuisance which, left unabated, adversely affects the city's image, business development, retail sales, and residential housing costs. Allowing graffiti to remain on public or private property encourages additional occurrences of graffiti, fuels fear among the community, and depreciates the value of the affected property and surrounding properties.
C. 
The purpose of this chapter is, therefore, to minimize the impact graffiti has on the city's quality of life, economic stability, environmental image, and sense of safety and security. Because the existence of graffiti tends to breed community discontent and criminal or gang-related activities, this chapter will mitigate these problems through timely removal and control of graffiti vandalism.
(Ord. 25-08, 10/7/2025)
"Abatement and related administrative costs"
includes, but is not limited to, court costs, attorney's fees, cost of removal of the graffiti or other inscribed material and costs of repair and replacement of defaced property, and the enforcement costs incurred by the City.
"Graffiti"
is defined as, but not limited to, an unauthorized inscription, word, figure, design, writing, or picture marked, etched, scratched, drawn, or painted upon any public or private property or any structure, wall, fence, sidewalk, sign, public utility box, or any structural component of any building, bridge, structure, or facility in public view within the city.
(Ord. 25-08, 10/7/2025)
It is unlawful for any person to sell, offer to sell, or cause to be sold any aerosol or pressurized container of paint and/or any wide tipped marker pens exceeding four millimeters in width, containing anything other than a water-soluble solution, to any person under the age of 18 years who is not accompanied by a responsible adult.
(Ord. 25-08, 10/7/2025)
It is unlawful for any person under 18 years of age, in a public place or on private property without consent of the owner or operator and not accompanied by a responsible adult, to possess (1) an aerosol or pressurized container of paint, and/or (2) wide tipped marker pens with tips exceeding four millimeters in width that contain other than a water-soluble solution.
(Ord. 25-08, 10/7/2025)
Any retail commercial establishment selling aerosol containers or wide tipped marker pens exceeding four millimeters in width containing non-water-soluble substances shall store such items in an area viewable by but not directly accessible to the public without employee assistance.
(Ord. 25-08, 10/7/2025)
Retailers engaged in the sale of such aerosol containers or wide tipped marker pens shall display at the point of sale a clearly visible and legible sign stating:
"It is unlawful for any person to sell, lend, or give to any individual under the age of eighteen (18) years, who is not accompanied by a responsible adult, an aerosol or pressurized container of paint or wide tipped marker pens exceeding four (4) millimeters in width, containing anything other than a water-soluble solution."
(Ord. 25-08, 10/7/2025)
A. 
General. It is unlawful for any person to apply graffiti to any public or private property located within the city. Any person applying graffiti within the city shall remove it within 24 hours after notice by the city or property owner. Failure to do so constitutes an additional violation of this chapter. Consistent with Cal. Civ. Code § 1714.1 where graffiti is applied by minors, the parent or guardian shall be responsible for such removal or payment of costs thereof.
B. 
Public Property. Graffiti on city property shall be removed within 30 business days. Graffiti on property of another public entity may only be removed by the city with written consent and waiver from that entity.
C. 
Private Property – Notice and Removal.
1. 
Where graffiti is located on private property visible from a public right-of-way, it is the property owner's duty to remove it. If not promptly removed, the city shall serve written notice of the location and description of graffiti and the owner's obligation to remove it.
2. 
First Notice: Property owner shall commence removal within 10 business days of service by mail or personal delivery.
3. 
Second Notice: If graffiti remains after the first period, a 20-business-day final notice shall be issued, requiring complete removal within that period.
4. 
Notices shall be served by one of the following methods:
a. 
Personal service;
b. 
First class mail, postage prepaid, to each person identified at the address as it appears on the last equalized assessment roll of the county, or as otherwise known to the Code Enforcement Officer. The address of the property owner shown on the assessment roll shall be conclusively deemed to be the property address for the purpose of service of the administrative citation. Service by mail in the manner described above shall be effective on the date of mailing.
The failure of the person with an interest in the property to receive any notice in accordance with this section shall not affect the validity of any proceedings taken under this chapter. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 calendar days.
5. 
Proof of service of a notice served pursuant to this chapter shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the date and manner in which service was made.
6. 
If the owner fails to act after both notices, the city may abate graffiti and recover abatement and related administrative costs.
7. 
Alternative Abatement Agreement. The City Manager or designee may enter into an agreement with the property owner to abate graffiti using city crews or contractors, subject to reimbursement or waiver conditions.
8. 
City's Release From Liability. Any abatement by the City at an owner's consent requires a release of liability signed by the property owner.
9. 
Failure to Remove. If the owner fails to remove graffiti after both notices or fails to request abatement assistance, the City may abate the graffiti and assess abatement and administrative costs as a lien or special assessment against the affected property. Abatement and administrative costs not paid by a landowner within 30 calendar days of receipt of a request for payment from City shall be deemed delinquent and will be subject to a 10% late fee and interest on delinquent abatement and administrative costs will incur interest at the rate of 10% per annum.
10. 
The Code Enforcement Officer shall keep an itemized account of the expenses and costs incurred by the City in the work and abatement of any graffiti on private property. Upon completion of the work and abatement, the Code Enforcement Officer shall prepare a report specifying the work and abatement performed, the itemized costs of the work on the property, including direct and indirect costs, a description of the property, and the names and addresses of the persons entitled to service pursuant to this Chapter 9.12. Each person named in the notice shall be jointly and severally liable for such work and abatement costs and administrative expenses, and the amount of such costs and expenses shall be a debt owed to the city. Such report shall be served upon the responsible persons identified therein, together with a demand that the amount identified therein be paid within 30 calendar days of receipt of the report.
(Ord. 25-08, 10/7/2025)
A. 
If an owner fails to pay the city's costs of graffiti abatement within 10 calendar days of the owner's receipt of the city's written request for payment or within 10 calendar days after the date of the decision of the hearing officer should the hearing officer affirm the costs of abatement, the city's Code Enforcement Officer may execute and file in the office of the county recorder a notice of lien of substantially the following form:
NOTICE OF LIEN
Pursuant to the authority vested in the Code Enforcement Officer by the City of Hanford Municipal Code, said Code Enforcement Officer, by the provisions of the City of Hanford Municipal Code, and on or about __________, said Code Enforcement Officer did assess an amount comprised of administrative expenses and abatement costs upon that certain real property commonly known as __________ Hanford, California, and more particularly described in Exhibit "A", which is attached hereto and made a part hereof ("Real Property"), and the assessed amount has not been paid. The City of Hanford hereby claims a lien on the Real Property for said administrative expenses and abatement costs in the amount of $__________. This amount shall be a lien upon the Real Property until the sum has been paid in full and discharged of record.
Dated: This _____ day of __________, 20___.
CODE ENFORCEMENT OFFICER OF THE CITY OF HANFORD (ACKNOWLEDGMENT)
B. 
Immediately upon the recording of the notice of lien, the assessment shall constitute a lien on the real property assessed. Such lien shall, for all purposes, be upon a parity with the lien of state and local taxes.
C. 
The notice of lien, after recording, shall be delivered to the tax assessor of Kings County, who shall enter the amount on the county assessment book opposite the description of the real property, and the amount shall be collected together with all other taxes levied thereon against the real property.
D. 
Thereafter, the amount set forth in the notice of lien shall be collected at the same time and in the same manner as ordinary county real property taxes are collected and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are made applicable to such assessment. The amount set forth in the notice of lien shall be returned to the City to the fund designated for code enforcement activities.
(Ord. 25-08, 10/7/2025)
A. 
Any person receiving a notice pursuant to this Chapter 9.12 may appeal to the City Manager. A notice of appeal must be submitted on an appeal form provided by the City's Community Development Director, must specify the basis for the appeal in detail, and must be filed with the Community Development Director within 10 calendar days after the date of service of the notice that the party wishes to appeal. If the deadline falls on a weekend or city holiday, then the deadline shall be extended until the next regular business day. Except as otherwise provided herein, no appeal hearing shall be held unless the appealing party pays the required appeal fee established by resolution of the City Council. Notwithstanding such requirement, the payment of an appeal fee shall be waived if the City Manager determines that the appealing party is financially unable to pay such amount. A waiver request must be submitted to the Community Development Director with the person's request for appeal, along with a sworn declaration and other supporting documents and materials showing the person's actual financial inability to pay the appeal fee. The appealing party bears the burden of demonstrating financial hardship to the satisfaction of the City Manager. If the City Manager determines that a waiver is warranted, the appeal fee will be waived or partially waived. If the City Manager finds that a waiver is not warranted, the appealing party must, within three business days of the party's receipt of the City Manager's written decision, pay the appeal fee to the City for the person's appeal to be processed.
B. 
When an appeal is filed, unless the Code Enforcement Officer determines that the violation identified in the notice constitutes an immediate threat to the health or safety of any person, the enforcement of the violations identified in the notice of violation shall be stayed until the date that the appeal hearing is held.
C. 
As soon as practicable after receiving the written notice of appeal, the City Manager shall fix a date, time, and place for the hearing. Written notice of the date, time, and place for the hearing shall be served at least 10 calendar days prior to the date of the hearing to the appealing party by any one of the following means:
1. 
Personal service; or
2. 
First class mail and posting the notice of hearing conspicuously on or in front of the property on which the violation is located.
D. 
The failure of any person with an interest in the property to receive such notice of hearing shall not affect the validity of any proceedings taken under this chapter. Service by mail in the manner described above shall be deemed effective on the date of mailing.
E. 
Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a failure to exhaust administrative remedies and will be waiver of that person's rights to administrative determination of the merits of the notice of violation and any amount assessed for the City's abatement and administrative costs.
F. 
The City Council shall designate or appoint a hearing officer, and in no event shall the Code Enforcement Officer, nor any other officer or employee in his or her department, be the hearing officer for appeals occurring under this Chapter 9.12.
G. 
Hearing Procedure.
1. 
Except as otherwise provided herein, no hearing to contest a notice of violation or an amount assessed for the City's abatement and administrative costs shall be held unless the appealing party pays the applicable appeal fee to the City.
2. 
A hearing shall be set for a date that is not less than 15 calendar days and not more than 60 calendar days from the date that the request for hearing is filed in accordance with the provisions of this chapter.
3. 
At the hearing, the party contesting the notice of violation or the abatement and related administrative costs levied by the city shall be given the opportunity to testify and to present evidence supporting his/her/their appeal.
4. 
The failure of an appealing party to appear at the appeal hearing shall constitute a failure to exhaust his/her/their administrative remedies.
5. 
The notice of violation and any additional report submitted by the Code Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents.
6. 
The hearing officer may continue the hearing and request additional information from the Code Enforcement Officer or the appealing party prior to issuing a written decision.
H. 
After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold, modify, or cancel the notice of violation and/or the amount levied for abatement and related administrative costs and shall list in the decision the reasons for the decision. The decision of the hearing officer shall be final.
(Ord. 25-08, 10/7/2025)
A. 
It is unlawful for a person to violate any provision or to fail to comply with any of the requirements of this chapter.
B. 
Violations of this chapter are hereby declared a public nuisance and are subject to abatement by the city.
C. 
Any individual guilty of violating § 9.12.070A. shall pay restitution to the property owner in addition to penalties to the city. Parents or guardians of minors shall be liable.
D. 
The city may assess abatement and administrative costs as a special assessment or lien per § 9.12.080 against the violator's property or against the property of the parent/guardian of a minor violator.
E. 
The remedies under this chapter are cumulative and in addition to other civil or criminal actions available at law or in equity.
(Ord. 25-08, 10/7/2025)
A. 
It is unlawful to apply graffiti on any premises.
B. 
It is unlawful and an infraction for a minor to unlawfully possess aerosol paint or wide tipped markers.
C. 
Penalties.
1. 
Misdemeanor: Up to $500 fine and/or 30 days jail (first offense); up to $1,000 fine and/or 90 days jail (second offense within one year); up to $2,500 fine and/or six months jail (subsequent within one year).
2. 
Infraction: $50 (first offense); $100 (second offense within one year); $250 (subsequent within one year).
(Ord. 25-08, 10/7/2025)
Nothing in this chapter prevents the city from commencing alternative civil or criminal nuisance abatement proceedings.
(Ord. 25-08, 10/7/2025)
If any provision of this chapter is found invalid or unenforceable, such determination shall not affect remaining provisions, which shall remain in full force and effect.
(Ord. 25-08, 10/7/2025)