Chapter 9.52
GRAFFITI PREVENTION, PROHIBITION, REMOVAL AND ABATEMENT PROCEDURES
Sections:
9.52.040 Possession of graffiti implements or paraphernalia prohibited.
9.52.050 Furnishing graffiti implements or paraphernalia to minors prohibited.
9.52.060 Display of graffiti implements.
9.52.070 Graffiti removal at City expense.
9.52.090 Graffiti declared public nuisance.
9.52.120 Private property consent.
9.52.140 Limitation of filing judicial action.
9.52.150 Duty to remove graffiti.
9.52.170 Defendant’s liability for cost of graffiti abatement.
9.52.010 Purpose and intent.
It is the purpose and intent of this chapter to help prevent the spread of graffiti and to establish a program for its removal from public and private property. The spread of graffiti on public and private buildings, walls, signs and other structures or places or other surfaces causes blight within the City, resulting in a genuine threat to life, incalculable economic losses to businesses in terms of physical property, profits and goodwill, and the general deterioration of property and business values for adjacent and surrounding properties. The power of graffiti to create fear and insecurity within the community and blight upon the landscape, reducing property values and detracting from the sense of the community enjoyed by residents of Norco is beyond the cost of cleanup or removal. Not only is graffiti a property crime, but a social crime on the quality of life and freedom from intimidation citizens desire within their neighborhoods. (Ord. 997 Sec. 2, 2015)
9.52.020 Definitions.
“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, dye, or other substances.
“Felt tip marker” means any indelible marker or similar implement with a tip, containing anything other than a solution which can be removed with water after it dries.
“Graffiti” means any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on any surface of public or private property, including, but not limited to, buildings, walls, signs, structures or places, or other surfaces, regardless of the nature of the material of the structural component.
“Graffiti implement or paraphernalia” means any aerosol paint container, felt tip marker, paint or graffiti stick, gum label, masonry or glass drill bit, carbide drill bit, glass cutter, grinding stone, awl, carbide scribe, acid etching solutions, or etching tool or device capable of scarring any surface, including, but not limited to, glass, metal, concrete or wood or any other marking implement that is commonly used to deface, damage, or destroy property; any piece, design or scrapbook or drawings, illustrating graffiti marks or signs.
“Gum label” means any sheet of paper, fabric, plastic or other substance with an adhesive backing which, when placed on a surface, is not easily removed.
“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 at least one-sixteenth of an inch in width.
“Retail commercial establishment” means any business enterprise, including any person, partnership, association, corporation, company, or organization, which sells or trades aerosol paint containers or felt tip marker. (Ord. 997 Sec. 2, 2015)
9.52.030 Graffiti prohibited.
A. It is unlawful for any person to write, paint, spray, chalk, etch, or otherwise apply graffiti on public or privately owned buildings, signs, walls, permanent structures, places, or other surfaces located on public or privately owned property within the City.
B. It is unlawful for any person owning or otherwise in control of any real property within the City to permit or allow any graffiti to be placed upon or to remain on any permanent structure located on the property when the graffiti is visible from the street or public or private property. (Ord. 997 Sec. 2, 2015)
9.52.040 Possession of graffiti implements or paraphernalia prohibited.
A. It is unlawful for any person to have in his or her possession any graffiti implement or paraphernalia while in or upon any highway, street, alleyway, public park, playground, swimming pool, public recreational facility, underpass, bridge abutment, storm drain, or private property without the written consent of the owner, with the specific intent to paint, spray, chalk, etch or otherwise apply graffiti on, or deface, damage, disfigure, destroy, or mar any of the following places or things, including but not limited to: public or privately owned buildings, signs, walls, permanent structures, places or other surfaces within the City.
Exceptions:
1. A minor who is attending and is actively enrolled in a class which requires use of such implements, of which written permission from the school is in his or her possession;
2. An authorized City employee of the City of Norco, or agent thereof, or its contractors.
B. It is unlawful for any minor (person under the age of 18) to have in his or her possession aerosol can tips, other than tips affixed to aerosol cans, and any graffiti implement or paraphernalia, not including aerosol cans, while in or upon any highway, street, alleyway, public park, playground, swimming pool, public recreational facility, underpass, bridge abutment, storm drain, or private property without the written consent of the owner, whether the minor is or is not in a vehicle. This section shall not apply to any minor who is accompanied by a parent or guardian or under the immediate supervision of an adult teacher. (Ord. 997 Sec. 2, 2015)
9.52.050 Furnishing graffiti implements or paraphernalia to minors prohibited.
It is unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, or loaned, any graffiti implement or paraphernalia to any person under the age of 18 years without the prior written consent of the parent or lawfully designated custodian of the minor. (Ord. 997 Sec. 2, 2015)
9.52.060 Display of graffiti implements.
It is unlawful for any person, firm, corporation, or retail commercial establishment doing business in the City, who owns, sells, conducts, operates, or manages such activity, to display in a manner viewable to the public any aerosol spray containers, or felt tip marker tips, pens, or blades, without securing same in such a manner as to prevent the removal of any such graffiti implement without employee assistance. (Ord. 997 Sec. 2, 2015)
9.52.070 Graffiti removal at City expense.
Whenever the Public Works Director or designated representative determines that graffiti is so located on public or private property within the City so as to be capable of being viewed by persons utilizing any public right-of-way in the City, the Public Works Director or designated representative is authorized to provide for the removal of the graffiti at the City’s expense, pending reimbursement from the property owner upon whose property the graffiti has been applied upon the following conditions:
A. In removing the graffiti, the painting or repair shall be limited to the minimum necessary to properly restore the defaced area.
B. Where a structure is owned by a public entity other than the City, the removal of the graffiti may be authorized only after securing the consent of the public entity having jurisdiction over the structure.
C. Where a structure is privately owned, the removal of the graffiti by City resources or by a private contractor under the direction of the City may be authorized only after securing the consent of the owner.
D. The City reserves the right to recover City costs and expenses pursuant to Sections 6.22.130 and 9.52.170, Cal. Penal Code § 594, Cal. Civ. Code §§ 731 and 1714.1, Cal. Gov’t Code § 38771 et seq., and Cal. Welf. & Inst. Code § 742.10 et seq. from any person who has willfully damaged property in a manner described within this chapter. (Ord. 997 Sec. 2, 2015)
9.52.080 Public nuisance.
Graffiti which the Public Works Director or authorized representative has determined exists on any permanent structure in the City which is visible from a street or other public or private property is declared to be a public nuisance. (Ord. 997 Sec. 2, 2015)
9.52.090 Graffiti declared public nuisance.
Graffiti on public or private property is a blighting factor which not only depreciates the value of the property which has been the target of such vandalism but also depreciates the value of the adjacent and surrounding properties, and in so doing has a negative impact on the entire City. Cal. Gov’t Code § 53069.3 authorizes the City, under certain circumstances, to provide for the removal of graffiti and other inscribed materials from private as well as public property. The City Council finds and determines that graffiti is obnoxious and a public nuisance and unless it and other inscribed materials are removed from public and private property, they tend to remain. Other properties then become the target of graffiti with the result that entire neighborhoods are affected and the entire community depreciates in value and becomes a less desirable place in which to be. (Ord. 997 Sec. 2, 2015)
9.52.100 Abatement.
Whenever the Public Works Director or authorized representative determines that graffiti on a particular structure constitutes a public nuisance, such graffiti shall be abated as follows:
A. Notice. The Public Works Director shall cause a notice to be issued to abate such nuisance. The property owner shall have 48 hours after the date of the notice to remove the graffiti, or the property will be subject to abatement by the City.
B. Service of Notice. The notice to abate graffiti pursuant to this section shall cause a written notice to be served upon the owner(s) of the affected premises, as such owner’s name and address appears on the last equalized property tax assessment rolls of the county of Riverside. If there is no known address for the owner, the notice shall be sent in care of the property address. The notice required by this chapter may be served in any one of the following manners:
1. By personal service on the owner, occupant or person in charge or control of the property.
2. By certified mail addressed to the owner at the last known address of said owner. If this address is unknown, the notice will be sent to the property address.
The notice shall be substantially in the following form:
NOTICE OF INTENT TO REMOVE GRAFFITI
Date:
NOTICE IS HEREBY GIVEN that you are required by law at your expense to remove or paint over the graffiti located on the property commonly known as, Norco, California, which is visible to public view, within 48 hours after the date of this notice; or, if you fail to do so, City employees or private contractors employed by the City will enter upon your property and abate the public nuisance by removal or painting over the graffiti. The cost of the abatement by the City employees or its private contractors will be assessed upon your property and such costs will constitute a lien upon the land until paid.
All persons having any objection to, or interest in said matters are hereby notified to submit any objections or comments to the Public Works Director for the City of Norco or designated representative within ten (10) days from the date of this notice. At the conclusion of the 48-hour period to abate, the City may proceed with the abatement of the graffiti inscribed on your property at your expense without further notice.
C. Appeal. Within 10 days from the mailing or personal service of the notice, the owner or person occupying or controlling such premises or lot affected may appeal to the City Council of the City of Norco. At a regular meeting or regular adjourned meeting of the City Council not more than 20 days thereafter, the Council shall proceed to hear and pass upon such appeal. The decision of the Council thereupon shall be final and conclusive.
D. Removal by City. Upon failure of persons to comply with the notice by the designated date, or such continued date thereafter as the Public Works Director or designated representative approves, then the Public Works Director is authorized and directed to cause the graffiti to be abated by City resources or private contract, and the City or its private contractor is expressly authorized to enter upon the premises for such purposes. All reasonable efforts to minimize damage from such entry shall be taken by the City, and any paint used to obliterate graffiti shall be as close as practicable to background color(s).
E. Record of Cost for Abatement. The Public Works Director and/or the Finance Director shall keep an account of costs (including, but not limited to, court costs, attorney’s fees, cost of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, incidental and administrative costs, and any law enforcement costs incurred in the investigation and apprehension of a person causing the graffiti damage) of abating such nuisance on each separate parcel of land where the work is done and shall render an itemized report in writing to the City Council showing the cost of abatement; provided, that before the report is submitted to the Council a copy shall be served in accordance with the provisions of this section, together with a notice of time when the report shall be heard by the Council for confirmation.
1. The City Council shall set the matter for hearing to determine the correctness and reasonableness of such costs.
2. The term “incidental expenses” shall include, but not be limited to, the actual expenses and costs of the City in the preparation of notices, specifications and contracts and in inspecting the work, and the costs of printing and mailing required hereunder.
F. Report—Hearing and Proceedings. At the time and place fixed for receiving and considering the report, the City Council shall hear and pass the report of such costs of abatement, together with any objections or protests. Thereupon, the City Council may make such revision, correction or modification in the report as it may deem just, after which, by motion, the report as submitted or as revised, corrected or modified shall be confirmed. The decision of the City Council on all protests and objections which may be made shall be final and conclusive.
G. Assessment of Costs against Property. The total cost for abating such nuisance, as confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon notice and recordation in the office of the Riverside County recorder of a notice of lien, as so made and confirmed, shall constitute a lien on the property for the amount of such assessment pursuant to Cal. Gov’t Code § 38773.5.
1. After such confirmation and recordation, a copy shall be filed with the assessor and tax collector of Riverside County, acting for the City, in order that said county officials may add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or
2. After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.
H. Second or Subsequent Civil Judgment. Upon the entry of a second or subsequent civil judgment within a two-year period, the City may find that an owner of property is responsible for a condition that may be abated in accordance with this section, may request the court order treble damages pursuant to Cal. Gov’t Code § 38773.7. (Ord. 997 Sec. 2, 2015)
9.52.110 Land use permits.
In approving tentative or parcel maps, conditional use permits, plot plans, public use permits, or other similar land use entitlements, the City may impose any or all of the following requirements to prevent and/or facilitate the removal of graffiti:
A. Use of Anti-Graffiti Material. Developer shall apply an anti-graffiti material of a type and nature that is acceptable to the Director of Planning and Development, to each of any publicly viewable surfaces on the improvements to be constructed, on sites deemed to be likely to attract graffiti by the Director of Planning and Development.
B. Approved Color Palette for Graffiti Attractive Surfaces. Developer shall use an approved color palette for paint and/or anti-graffiti material on surfaces which have been designated “graffiti attractive” by the Director of Planning and Development. The palette shall include a range of five color choices approved by the Director of Planning and Development.
C. Owner to Immediately Remove Graffiti. Developer shall record or cause to be recorded as part of the conditions, covenants and restrictions a covenant running with the land and for the benefit of the City, requiring removal of any graffiti placed thereon.
D. Availability of Anti-Graffiti Material and Paint to City by Developer. Prior to the issuance of a building permit, developer shall provide to the City the name of the manufacturer and supplier of the anti-graffiti material referenced in subsection (A) of this section, and the color palette and manufacturer code number of the paint(s) utilized to cover all exterior surfaces of approved structures and walls. If the developer fails to abate a graffiti condition, either voluntarily or after requested to do so by the City, the City shall purchase the necessary anti-graffiti material and/or paint for the purpose of graffiti removal. All costs of removal shall be assessed in accordance with Sections 6.22.110 through 6.22.130 and 9.52.170. (Ord. 997 Sec. 2, 2015)
9.52.120 Private property consent.
Property owners in the City of Norco may consent in advance to City entry onto private property for graffiti removal purposes. The City will make forms for such consent available. (Ord. 997 Sec. 2, 2015)
9.52.130 Public property.
Where a structure is owned by a public entity other than the City, the removal of the graffiti may be authorized only after securing the consent of an authorized representative of the public entity having jurisdiction over the structure. (Ord. 997 Sec. 2, 2015)
9.52.140 Limitation of filing judicial action.
Any owner, lessee, occupant or other interested person having any objections or feeling aggrieved at any proceeding taken on appeal by the City Council in ordering the abatement of any public nuisance under the provisions of this chapter must bring an action to contest such decision within 30 days after the date of such decision of the City Council. Otherwise, all objections to such decision shall be deemed waived. (Ord. 997 Sec. 2, 2015)
9.52.150 Duty to remove graffiti.
Any person applying graffiti to any surface within the City shall have the duty to remove it within 24 hours after being notified by the City, or its agents. Failure to remove the graffiti shall constitute an additional violation of this chapter. (Ord. 997 Sec. 2, 2015)
9.52.160 Rewards.
A. Pursuant to Cal. Gov’t Code § 53069.5, the City reserves the right to offer a reward in an amount and as to such locations as may be set by resolution of the City Council, for information leading to the arrest and conviction of any person for violation. In the event of multiple contributions of information, the reward amount shall be divided by the City in the manner it shall deem appropriate. For the purposes of this section, diversion of the violator to a community service program, a plea bargain to a lesser offense, or the sustaining of any juvenile petition filed pursuant to Cal. Welf. and Inst. Code § 601 et seq. shall constitute a conviction.
B. Claims for rewards under this section shall be filed with the City. Each claim shall:
1. Specifically identify the date, location and kind of property damaged or destroyed;
2. Identify by name the person who was convicted;
3. Identify the court and the date upon which the conviction occurred.
C. No claim for a reward shall be allowed by the City Council unless the City investigates and verifies the accuracy of the claim and determines that the requirements of this section have been satisfied. Once the claim is verified and determination is made, the reward shall be paid within the City’s ordinary course of business.
D. The person committing the graffiti vandalism, and if an unemancipated minor, then the parent or lawful guardian of the minor, shall be civilly liable for any reward paid pursuant to this section pursuant to the provisions of Cal. Gov’t Code § 53069.5. (Ord. 997 Sec. 2, 2015)
9.52.170 Defendant’s liability for cost of graffiti abatement.
A. Defendant Determined to Be the Responsible Party. When the disposition of a criminal case or a proceeding pursuant to Cal. Welf. and Inst. Code § 602 determines that the defendant in that case is responsible for creating, causing or committing the graffiti which was abated by the City, that same defendant shall be liable for all 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 defendant responsible for the graffiti or other inscribed material on publicly or privately owned permanent real or personal property within the City, as prescribed within Cal. Gov’t Code §§ 38772 through 38773.6 and 53069.3.
1. The determination of responsibility shall be presumed by any confession, admission, guilty plea, or plea of nolo contendere to any violation of Cal. Penal Code § 594, 594.3, 640.5, 640.6, or 640.7.
2. In the case of a minor defendant, responsibility shall be determined upon a conviction by final judgment or by the minor being made a ward of the juvenile court pursuant to Cal. Welf. and Inst. Code § 602 by reason of the commission of any act prohibited under Cal. Penal Code § 594, 594.3, 640.5, 640.6, or 640.7.
B. City Funds to Be Recovered. City shall recover all City funds used to remove graffiti, or repair or replace graffiti-damaged real or personal property within the City. These costs shall be recovered from the defendant who has been determined to be the responsible party as outlined above. These costs shall be recovered as follows:
1. Adult Defendants. A civil action may be pursued to obtain a monetary judgment against the defendant for any amount not ordered or collected by the criminal court in which the matter was heard. Such monetary judgments may be filed or recorded to create a lien against personal or real property as permitted by Cal. Civ. Proc. Code § 697.010 et seq.
2. Juvenile Defendants. A civil action may be pursued to obtain a monetary judgment against the juvenile defendant and/or his or her parent(s) or guardian(s) having custody and control of the minor for any amount not ordered or collected by the juvenile court in which the matter was heard. Such monetary judgments will be filed or recorded to create a lien against personal or real property as permitted by Cal. Gov’t Code § 38772 et seq.
a. Lien and Personal Obligation. The expense of abating the graffiti nuisance may result in a lien against the property of a minor and a personal obligation against the minor. The parent(s) or guardian(s) having custody and control of the minor shall be jointly and severally liable with the minor pursuant to Cal. Gov’t Code §§ 38772, 38773.2 and 38773.6.
i. Notice of Intent to Lien. Notice of intent to record a lien shall be given to the owner of record of any parcel prior to the recordation of any lien. The owner may be the minor, or the parent(s) or legal guardian having custody and control of the minor. Said notice shall be served by personal service in the same manner as a civil action in accordance with the Cal. Civ. Proc. Code § 415.10. If the owner of record, 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 for a period of 10 days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Cal. Gov’t Code § 6062.
ii. Recordation. A 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.
iii. Specific Data. 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.
iv. If the lien is discharged, released, or satisfied through payment or foreclosure, notice of the discharge containing the information specified in subsection (B)(2)(a)(iii) 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.
v. A graffiti nuisance abatement lien may be satisfied through foreclosure in an action brought by the City.
vi. 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.
b. Special Assessment. As an alternate to the nuisance lien, the City may recover its costs, as delineated above, by a special assessment against the parcel of land owned by the minor or by the parent or guardian having custody and control of the minor. 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 Cal. Gov’t Code § 38773.7.
c. Second or Subsequent Criminal Judgment. Upon the entry of a second or subsequent criminal judgment within a two-year period, the City may find that an owner of property is responsible for a condition that may be abated in accordance with this section, and may request the court order treble damages pursuant to Cal. Gov’t Code § 38773.7. (Ord. 997 Sec. 2, 2015)