CHAPTER 5.22
GRAFFITI ABATEMENT AND CHARGES
SECTION:
5.22.030: Cost Accounting; Notification
5.22.010 ABATEMENT CHARGES:
A. The abatement and related administrative costs incurred by the city in abating any nuisance resulting from the defacement of property by graffiti or any other inscribed material shall be:
1. A personal obligation of any minor creating, causing or committing the nuisance; and/or
2. A personal obligation of the parent or guardian having custody and control of that minor; and/or
3. A special assessment against any parcel of land owned by that minor; and
4. A special assessment against any parcel of land owned by the parents or guardian having custody and control of that minor.
B. If the abatement and related administrative costs incurred by the city in abating any nuisance resulting from graffiti or any other inscribed material are to be imposed as a special assessment against a parcel of land owned by the minor or by the parent or guardian of the minor, the city manager or his designee shall present a resolution of lien to the city council showing such costs. The city council may modify such resolution as it deems necessary. Upon passage and adoption of such resolution, the city manager or his designee shall cause a certified copy thereof to be recorded with the county of Monterey recorder’s office. The amount of the assessment shall be one hundred dollars ($100.00) and shall be collected at the time and in the manner of ordinary municipal taxes, and laws relating to the levy, collection and enforcement of county taxes shall apply to such special assessment.
C. For purposes of this section, the following terms shall have the meanings set forth in this subsection:
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ABATEMENT AND RELATED ADMINISTRATIVE COSTS: |
Include, but are not limited to, court costs, attorney fees, cost 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 identifying and apprehending the minor. |
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GRAFFITI OR OTHER INSCRIBED MATERIAL: |
Any unauthorized inscription, word, figure, mark or design that is written, marked, etched, scratched, drawn or painted on any real or personal property. |
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MINOR: |
A minor who has confessed to, admitted to, or pled guilty or nolo contendere to a violation of section 594, 594.3, 640.5, 640.6 or 640.7 of the Penal Code, or a minor convicted by final judgment of a violation of section 594, 594.3, 640.5, 640.6 or 640.7 of the Penal Code, or a minor declared a ward of the juvenile court pursuant to section 602 of the Welfare and Institutions Code by reason of the commission of an act prohibited by section 594, 594.5, 640.5, 640.6 or 640.7 of the Penal Code. |
D. This section shall not be deemed to preclude recovery of the costs of abating a nuisance resulting from graffiti from any other person who may be responsible for such costs under law. (Ord. 2007-49, 9-17-2007)
5.22.020 REMOVAL PROVISIONS:
A. Allowing Graffiti To Remain: It is unlawful for any person who is the owner or who has primary responsibility for control of property or who has primary responsibility for the repair or maintenance of property ("responsible party") to permit property which is defaced with graffiti to remain so defaced for a period of ten (10) days after notice of same, unless:
1. The person shall demonstrate by a preponderance of evidence that he or she does not have the financial or physical ability to remove the defacing graffiti; or
2. It can be demonstrated that the responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it shall be unlawful to permit such property defaced with graffiti to remain defaced for a period of ten (10) days after notice of same.
B. Public Nuisance: The existence of graffiti within the city limits of the city is a public and private nuisance, and may be abated according to law.
C. Painting, Repairing: Whenever the city becomes aware or is notified and determines that graffiti is so located on publicly or privately owned property within the city and with the responsible party’s consent, the city shall be authorized, but not required, 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 designee, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid aesthetic disfigurement to the neighborhood or community, or unless the responsible party agrees in writing to pay for the costs of repainting or repairing the more extensive area.
D. Abatement:
1. In cases where the city has made extensive efforts to work with the property owner in gaining compliance and the property owner continues to be uncooperative, the city shall properly notice and set a hearing of abatement before the city manager or his designee, at which time a decision to abate will be made, which shall be final.
2. If an order to abate is issued, the responsible party shall have a period of ten (10) days to comply. If the graffiti has not been abated after the ten (10) day period, the city shall have the authority to enter upon the property and eradicate the graffiti.
E. Lien: If all or any portion of the assessed eradication charges remain unpaid after thirty (30) days, pursuant to the authority created by law, such portion thereof as shall remain unpaid shall constitute a special assessment against the property and upon recordation in the office of the county recorder of a notice of lien, it shall constitute a lien on the property in the amount of the assessment. The city manager or his designee shall present a resolution of lien to the city council, and upon passage and adoption thereof, shall cause a certified copy thereof to be recorded with the Monterey County recorder’s office. The amount of such charges shall be subject to the same penalties and the same procedure for foreclosure and sale, as are provided for ordinary municipal taxes. (Ord. 2007-49, 9-17-2007)
5.22.030 COST ACCOUNTING; NOTIFICATION:
City personnel, or any private contractor authorized to abate the nuisance, shall keep an account of the cost, including incidental expenses, for all abatement work performed on each separate lot or parcel of land where work is done and shall render an itemized report in writing to the city council showing the total cost of abatement by cleanup, rehabilitation, demolition, or repair of the property, buildings, or structure, including any salvage value relating thereto. A copy of the report along with the notice of the time and date that the council will hear and pass upon the report shall be mailed to the property owner at least five (5) days before it is considered by the city council. The notice shall contain a description of the property and shall specify that the council will hear any objections or protests. The term "incidental expenses" includes, but is not limited to, the actual costs of the city in preparation of notices, specifications and contracts, inspection of work, and the cost of printing and mailings required under this chapter, and any attorney fees expended in the abatement of the nuisance, through civil action or otherwise. The city attorney or city prosecutor shall be responsible for keeping an accounting of attorney fees and costs and transmitting the same to the manager. (Ord. 2007-49, 9-17-2007)