V. OFFENSES AGAINST PROPERTY
Chapter 9.38
REMOVAL OF GRAFFITI
Sections:
9.38.070 Display of marker pens and aerosol paint containers.
9.38.080 Determination of graffiti by chief of police--Notice to remove, removal.
9.38.120 Recording notice of pendency and completion of proceedings.
9.38.130 Meeting of council to approve costs of removal by city.
9.38.140 Assessment and collection of costs.
9.38.160 Alternative graffiti removal.
9.38.200 Penalty for violation of chapter.
9.38.010 Title.
This chapter shall be known as the "Ordinance Governing Removal of Graffiti and Other Similar Inscribed Material." (Ord. 379 §1(part), 1994).
9.38.020 Purpose.
In order to reduce blight and deterioration within the city, it is the intent of this chapter to provide an immediate and practical method (in addition to any existing remedies available at law) for eradication and prevention of graffiti from all structures located either on public or privately owned real property. (Ord. 379 §1(part), 1994).
9.38.030 Findings.
A. The city council finds and determines that graffiti constitutes an obnoxious public nuisance.
B. The city council further finds and determines that such defacement tends to decrease property values and lessen the ability to quietly enjoy other properties adjacent to or near graffiti-inscribed structures, causes the lessening of property values and diminution of life quality to innocent persons, that a substantial proportion of graffiti defacement is related to delinquency problems and graffiti often excites in persons of reasonable sensitivity feelings of hate, aversion, aggravation, distaste, repugnance or disgust.
C. Prompt removal of graffiti will help to alleviate the adverse social and economic impacts which graffiti has caused within the city. (Ord. 379 §1(part), 1994).
9.38.040 Definitions.
"Contractor" means any person with whom the city duly contracts to remove the graffiti when person(s) owning lots have failed to remove it after notice as herein provided.
"Director" means the director of public works or his authorized representative.
"Graffiti" means and includes any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on any surface regardless of the nature of the material of that structural component, or otherwise deemed by the council to be a public nuisance.
"Reward" means an authorized payment of monetary compensation to a person or persons for information received by the city leading to the determination of the identity and the apprehension of a person or persons whose wilful misconduct has resulted in or has wilfully damaged or destroyed any property through the placement of graffiti or similar inscribed materials. (Ord. 379 §1(part), 1994).
9.38.050 Graffiti prohibited.
A. No person(s) shall place graffiti upon any public or privately owned structure located on publicly or privately owned real property within the city of Greenfield.
B. No person(s) owning or otherwise in control of any real property within the city shall permit or otherwise allow any graffiti to be placed on or remain on any structure located on that property when the graffiti is visible from the street or other public or private property. (Ord. 379 §1(part), 1994).
9.38.060 Sale, purchase or possession of marker pens or aerosol paint containers to minors prohibited.
A. It is unlawful for any person(s) (except a parent or legal guardian), firm or corporation doing business in the city to sell, give or in any way furnish, to any person(s) who is in fact under the age of eighteen years, any marker pen with a felt writing surface of one-half inch or greater or aerosol paint container without first obtaining bona fide evidence of majority and identity.
B. For purposes of this section, "bona fide evidence of majority and identity" (proving the age and identity of an individual) is any document issued by a federal, state or local government entity and includes, but is not limited to, a motor vehicle operator’s license (or California Identification Card), a registration certification issued under the Federal Selective Services Act, or an identification card issued to a member of the armed forces.
C. Every person under the age of eighteen who possesses an aerosol paint container or marker pen with a felt writing surface of one-half inch or greater is guilty of a misdemeanor.
D. Aerosol paint containers and marker pens with a felt writing surface of one-half inch or greater or related substances may be furnished for use in school-related activities as part of the instructional program when used under controlled and supervised situations within the classroom or on the site of a supervised project. These materials may not leave the supervised site and shall be inventoried by the instructor. This use shall comply with Section 32060 of the Education Code regarding the safe use of toxic art supplies in schools. (Ord. 379 §1(part), 1994).
9.38.070 Display of marker pens and aerosol paint containers.
A. It is unlawful for any person or persons, firm or corporation doing business in the city to display aerosol paint containers or marker pens with a felt tip writing surface of one-half inch or greater (containing anything other than a solution removable with water after it dries) in an area other than an enclosed, locked and secured counter or display area or which is otherwise not made available to the public except upon request.
B. Every retailer selling or offering for sale aerosol containers and marker pens as described in this chapter shall post in a conspicuous place a sign in letters at least three-eighths inch high stating: Any Person Who Maliciously Defaces Real or Personal Property with Paint or marker pens with a felt writing surface of 1/2" or greater is Guilty of Vandalism which is Punishable by a Fine, Imprisonment or Both. (Ord. 379 §1(part), 1994).
9.38.080 Determination of graffiti by chief of police--Notice to remove, removal.
When the chief of police perceives and determines by field observation that graffiti exists on any structure (visible from the street or other public or private property), the chief of police shall immediately notify the owner(s) of such property and may notify the person(s) in possession or control of the property (if different from the owners) to remove or paint over the graffiti. The removal shall be accomplished within ten calendar days after receipt of such notification or within ten calendar days after the notice is deemed to have been received in the event notice is mailed pursuant to the provisions of Section 9.38.090. (Ord. 379 §1(part), 1994).
9.38.090 Serving of notice:
The notice to remove graffiti shall be given by personal delivery of a written notice to the owner(s) of the property upon which the graffiti is located andlor by depositing such notice in the United States mail, postage prepaid and addressed to the owner(s) thereof at the last known address of the owner(s) as it appears on Monterey County’s last equalized assessment roll. In the event a notice to remove is also given to the person(s) in possession or control of the property, such notice shall be given in either manner specified in this section with respect to giving notice to the owner of the property and may be addressed to "Occupant" or "To Whom It May Concern" if the name of such person(s) is not known. (Ord. 379 §1(part), 1994).
9.38.100 Manner of cleaning:
Any person(s) owning lots, the director or contractor, as the case may be, shall remove the graffiti and return the surface of the damaged structure to its condition as it existed prior to the graffiti. This section may not be construed, however, to allow continuing existence of a substandard or nonconforming structure to be made further substandard or nonconforming by removal of graffiti. Any such permits or repairs necessary to maintain the integrity of the building will be required as the responsibility of the property owner to maintain a safe and properly constructed structure. (Ord. 379 §1(part), 1994).
9.38.110 Removal by city.
A. If the responsible person (s) (as owners or responsible agents of the property) fail to comply with the removal notice, the director shall cause the graffiti to be removed or painted over and shall file a report with the council advising that the removal was required and has been done, the cost of doing such work and the name of the owner(s) of the property upon which the work was required. Painting or repair of an area more extensive than is necessary to provide a uniform appearance is prohibited.
B. In the case a property owner is willing to allow the city to remove the graffiti, agreeing to reimburse the city for that removal, prior to city removal of the graffiti, written consent from the owner of the affected structures, public or private, must be obtained. The consent shall be in a form approved by the city attorney and shall:
1. Authorize entry of city employees and/or contractors on the affected property to accomplish the removal of the material;
2. Assign to the city any cause or causes of action which the owner may have against any person or persons who defaced said property with graffiti; and
3. Hold the city, its officers, councilpersons, employees and contractors harmless from all liability arising out of the entry on the property or the work of removing the graffiti.
4. Agrees to pay all costs of removal of the graffiti as outlined in the director’s report to the council outlining the work done and the costs for that work. (Ord. 379 §1(part), 1994).
9.38.120 Recording notice of pendency and completion of proceedings.
A. If, after the property owner or authorized agent is notified of the presence of graffiti on a subject property in accordance with the notification procedures described in this chapter and does not remove the graffiti (or show good faith effort toward that removal), the city shall proceed with removal, recording a notice as described below to assign all costs of that removal to the property owner and recording a notice of pendency of graffiti abatement proceedings on the subject property.
B. Prior to any graffiti abatement work by the city or by any person(s) under contract with the city, the director shall cause to be recorded in the Monterey County recorder’s office, a notice of pendency of graffiti abatement proceedings by the city against the parcel involved. Upon completion of the abatement work and receipt of reimbursement by the owner(s) or responsible agents of the property, the director shall cause to be recorded in the Monterey County recorder’s office a notice of completion of graffiti abatement proceedings upon the particular parcel upon which a prior notice of pendency of graffiti abatement proceedings had been recorded. The notice of completion of graffiti abatement proceedings shall, when recorded, conclusively establish that graffiti abatement proceedings have been completed, all necessary charges for that abatement incurred by the city have been paid and shall extinguish the notice of pendency of graffiti abatement proceedings previously recorded. The pendency notice shall specify:
1. Name of the current owner(s) of the parcel as shown on Monterey County’s last equalized assessment roll;
2. Date of recordation, book and page number of Monterey County’s Official Records at which the ownership records of such owner(s) are shown as recorded;
3. Monterey County assessor’s parcel number(s) for the parcels involved;
4. Street address, as well as any other information necessary to facilitate recordation and convey notice of the pendency or completion of graffiti abatement proceedings. (Ord. 379 §1(part), 1994).
9.38.130 Meeting of council to approve costs of removal by city.
A. The council or the code enforcement board shall conduct a hearing upon the report submitted by the director to hear all protests and objections to the report, the work done and the costs for that work. At least ten (10) days in advance of such hearing, the city clerk shall notify the person(s) owning property upon which work was performed (under section 9.38.110) of the date, time and place of the council hearing and the total cost to be charged against the property. The total cost shall include such charges as the council or code enforcement board, by resolution, has determined for administrative expenses connected with the removal of graffiti and collection of costs for removal. The notice provisions of section 9.38.080 shall be applicable to the required notices under section 9.38.090, Serving of notice.
B. The council or code enforcement board shall hear and determine all protests and objections at the public hearing regarding the report and work done thereunder and costs for that work. Subsequent to the presentation of the report, the council or code enforcement board shall, by resolution, confirm, amend or reject the report, in whole or in part. (Ord. 500 §2, 2013: Ord. 379 §1(part), 1994).
9.38.140 Assessment and collection of costs.
The council or code enforcement board shall, after the hearing as provided for in section 9.38.130, send the confirmed report to the director of finance with instructions to bill the property owner(s) to collect the total costs of removal. If costs are not paid, the city treasurer shall have the costs entered under an appropriate heading upon the assessment roll for collection at the time and in the manner as ordinary municipal taxes are collected, subject to the same penalties and procedures under foreclosure for sale and in case of delinquency as provided for in ordinary municipal taxes. If costs are not paid, the council may, by resolution, order that all costs of removal constitute liens upon the property, directing the director of finance to record a certified copy of such resolution in the Monterey County recorder’s office. The city attorney may thereupon proceed to foreclose each of such liens and to collect all amounts owing to the city in the manner provided by law, or bring suit to enforce recovery of said costs as provided in section 9.38.180. (Ord. 500 §3, 2013: Ord. 379 §1(part), 1994).
9.38.150 Parcel description.
Parcels where graffiti occurs or remains shall be described by giving the street address and/or the assessor’s parcel number of the same according to the official map of the assessment map of the city used for describing property on municipal bills. No other description of such lot shall be required, except as otherwise provided in this chapter. (Ord. 379 §1(part), 1994).
9.38.160 Alternative graffiti removal:
Alternative to the method of removal provided in Sections 9.38.080 through 9.38.140, inclusive, the city may appropriate general fund moneys to finance graffiti removal from publicly owned permanent structures located on publicly or privately owned real property within the city, subject to the following criteria:
A. Only the graffiti itself shall be removed or painted over. Painting or repair of an area more extensive than necessary to provide a uniform appearance to the affected surface is discouraged.
B. Prior to removal, the city shall obtain written consent of the public entity having jurisdiction over the structure.
C. The graffiti is visible from the street or other public or private area. (Ord. 379 §1(part), 1994).
9.38.170 Rewards.
The purpose of this section is to establish a procedure for giving rewards to persons who furnish information that leads to the arrest and conviction of persons charged with defacing property with graffiti or similar inscribed materials.
A. Terminology. "Reward" means an authorized payment of monetary compensation to a person or persons for information received by the city leading to the arrest and conviction of any persons placing graffiti on any publicly or privately owned property in the city.
B. Fund. A trust fund entitled "Graffiti Reward and Abatement Trust Fund," to be administered by the city treasurer, is established by the city council for the deposit and payment of money for rewards and abatement of graffiti by city employees, volunteers or contractors engaged by the city for graffiti abatement as described in this chapter. The graffiti reward trust fund shall have one thousand dollars appropriated to its coffers. Moneys expended from this fund during a fiscal year may be rebudgeted, at the discretion of the city council. All moneys retrieved by attorney action as described in Section 9.38.180, Recovery of damages, shall be deposited into this fund for the uses as prescribed in this chapter.
C. Payment. Offers and payments of rewards for graffiti-related vandalism shall be governed by the provisions of this section.
1. A reward in an amount set by resolution of the city council may be paid for information resulting in the arrest and conviction of any person placing graffiti on any publicly or privately owned property in the city.
2. The city council may adopt regulations which provide specific circumstances under which such a reward as the term is described in subsection A of this section (Terminology) may be offered, paid and/or increased or decreased. The regulations shall include specific circumstances under which the reward may be offered and paid and the specific or aggregate amount of any reward which may be offered and paid in relation to the event. All reward offers shall be subject to said regulations.
3. Notices of the offer of reward, if directed by the city council, shall be duly published in a newspaper of general circulation in the city. Funds for the advertising shall be appropriated from the graffiti reward trust fund.
4. The determination as to whether an individual is qualified to receive a reward and the amount up to a specific or aggregate amount set by the officer of reward and the person or persons who shall receive the reward or portion thereof, shall be subject to the sole discretion and approval of the city council after report of findings by and recommendation of the chief of police. Payment of any reward or rewards, as provided for in this section shall be subject to the following limitations:
a. A payment of reward may be for a sum less than that which has been authorized by the city council and may be pro-rated with respect to the information received or the number of sources from which received; provided, however, that no payment or aggregate payment of city funds shall exceed the aggregate sum designated by the offer of reward;
b. The city council may determine what portion of a reward, if any, is to be paid to anyone or more personsi
c. No reward shall be paid to a city officer, employee or member of the immediate family of such officer or employee, or to a public officer or employee whose employment includes duties of law enforcement, or to any volunteer who participates in a city-sponsored graffiti abatement program; and
d. No reward shall be paid to any person or persons involved in the misconduct which prompted the offering and authorization of the reward.
5. No reward money may be paid without the provisions of this section having first been satisfied.
6. Promptly after exercising the authority to offer or to pay a reward under this section, the city council shall have notice of such action placed on the agenda for a regular meeting of the city council. (Ord. 379 §1(part), 1994).
9.38.180 Recovery of damages:
The city attorney shall have the authority to institute in the city’s name a civil action in the appropriate court and to intercede in criminal proceedings instituted by any other agency, to obtain restitution for damages to the city arising out of the payment of a reward as defined in this section or to acts of vandalism as described in Subdivision (a) of Section 594 of the California Penal Code. As used in this section, "damages" includes, but is not limited to, the following:
A. Out-of-pocket expenses of repairing defacement and partial or total destruction;
B. Salary and overhead costs of such repair when performed in whole or in part by city employees or volunteers; and
C. The amount of any reward paid or payable by the city pursuant to the chapter.
D. The attorney shall request that in each case, as appropriate, the police department include in its report to the court a requirement for community service be placed upon the individual convicted of placing the graffiti on any public or privately owned place or structure. (Ord. 379 §1(part), 1994).
9.38.200 Penalty for violation of chapter:
Any person(s) violating or failing to comply with any provisions of Section 9.38.050, Graffiti prohibited, shall be guilty of a misdemeanor. Any person(s) violating or failing to comply with any remaining provisions shall be guilty of an infraction. (Ord. 379 §1(part), 1994).