Chapter 8.31
GRAFFITI ABATEMENT
Sections:
8.31.040 Declaration of public nuisance.
8.31.050 Prohibited conditions.
8.31.070 Notification of nuisance.
8.31.080 Property owner consent.
8.31.090 Referral to city attorney.
8.31.100 Joint and several liability.
8.31.110 Responsibility for graffiti abatement costs and expenses.
8.31.120 Invoice for graffiti abatement.
8.31.140 Request for hearing – Appeal procedure – Action by city council.
8.31.160 Cost accounting – Notification.
8.31.180 Alternative actions available.
8.31.190 Duty of owner to abate public nuisance.
8.31.010 Title.
The ordinance codified in this chapter shall hereafter be referred to and cited as the “graffiti abatement ordinance” of the city of Seaside. (Ord. 872 § 1 (Exh. A), 1997)
8.31.020 Purpose and intent.
The purpose and intent of the regulations contained herein are as follows: (A) To define graffiti as a public nuisance of this code which constitutes visual blight and which could result in conditions which are harmful or deleterious to the public health, safety and welfare; (B) to develop regulations that will promote the prompt removal of graffiti and the enhancement of the livability, community appearance, and the social, economic, and environmental conditions of the community; and (C) to establish guidelines for the abatement of graffiti that afford due process and procedural guarantees to affected property owners. (Ord. 872 § 1 (Exh. A), 1997)
8.31.030 Definitions.
The definitions set forth shall govern the application and interpretation of this chapter, except as otherwise specifically set forth.
“Director” means the city manager or the director of the department authorized or designated by the city manager to administer and enforce the provisions of this chapter.
“Graffiti” includes any unauthorized inscription, work, figure, mark, design or other inscribed material that is written, marked, etched, scratched, drawn, or painted on any real or personal property.
“Graffiti abatement costs and expenses” includes the following costs and expenses incurred by the city in abating graffiti:
1. The costs and expenses of having graffiti removed from the defaced property; and
2. The costs and expenses of having the defaced property repaired or replaced when the city determines that removal of the graffiti would not be cost effective; and
3. The law enforcement costs and expenses incurred in identifying and apprehending a responsible party; and
4. The related administrative, overhead, and incidental costs incurred in performing or causing the performance of the enforcement, abatement or collection procedures described in this chapter; and
5. Related court costs and attorneys’ fees.
“Owner” and “property owner,” as used herein, and unless otherwise required by the context, shall be deemed to include any person owning, leasing, occupying or having charge or possession of any property in the city.
“Responsible party” means any person, including a minor, who has been determined to have placed graffiti on the real or personal property of another person. The parents or guardians having custody and control of a minor who is a responsible party also are responsible parties for the purposes of this chapter. (Ord. 872 § 1 (Exh. A), 1997)
8.31.040 Declaration of public nuisance.
The placement of graffiti on the real or personal property is declared to be a public nuisance and shall be abated by removal, replacement, or repair pursuant to the procedures set forth herein. The procedures for abatement set forth herein shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law. (Ord. 872 § 1 (Exh. A), 1997)
8.31.050 Prohibited conditions.
It is unlawful for any person owning, leasing, occupying or having charge or possession of any property in the city causing, maintaining or permitting graffiti to remain on exterior walls or facades of buildings, fences, or other structures of whatsoever nature. (Ord. 872 § 1 (Exh. A), 1997)
8.31.060 Abatement.
A. The director may remove or authorize the removal of graffiti from publicly or privately owned real or personal property.
B. The director may replace or repair or authorize the replacement or repair of publicly or privately owned real or personal property that has been defaced with graffiti when the director determines that the graffiti cannot be removed cost effectively.
C. Whenever gang-related graffiti on the property causes or constitutes, or reasonably appears to cause or constitute, an imminent immediate danger to the health and safety of the public, or a significant portion thereof, the director shall have the authority to summarily and without notice abate the same. The expenses of such abatement shall become a lien on the property and be collectible as provided herein.
D. The director may not authorize the painting, repair or replacement of other parts of property that were not defaced with graffiti. (Ord. 872 § 1 (Exh. A), 1997)
8.31.070 Notification of nuisance.
A. Whenever graffiti is found to exist in violation of this chapter, the director will notify the property owner or person in control to remove the graffiti. If the property owner or person in control consents to the removal of the graffiti, the city may enter upon the property and remove such graffiti. The city will make the effort to match the original color but cannot guarantee a perfect match.
B. Whenever graffiti is found and the owner or person in control refuses to consent to the removal of the graffiti, the director may issue an order by certified mail, return receipt requested, to the owner, as shown on the first equalized assessment roll, to abate this condition. A copy of the order shall also be posted on the subject property. The order shall give a maximum of fifteen days from the date the notice was mailed to perform the work. The notice shall further state that if the nuisance is not abated by the date specified in the order (1) the city, or its contractor, may enter upon the parcel of land and remove or abate the graffiti; and (2) that upon completion of such work the cost thereof, including administrative costs, may become a special assessment against that parcel; and (3) that upon confirmation of the assessment and recordation of that order, a lien may attach to the parcel to be collected on the next regular property tax bill levied against the parcel. (Ord. 872 § 1 (Exh. A), 1997)
8.31.080 Property owner consent.
A. The director shall obtain the consent of the public entity having jurisdiction over publicly owned, defaced real or personal property prior to the commencement of any removal, repair or replacement work.
B. The director shall obtain the consent of the owner or possessor of privately owned, defaced real or personal property prior to the commencement of any removal, repair or replacement work. (Ord. 872 § 1 (Exh. A), 1997)
8.31.090 Referral to city attorney.
In the event an owner shall fail, neglect, or refuse to comply with the notice to remove the graffiti, the director may refer the violation to the city attorney for legal action, including the institution of a civil or criminal proceeding to achieve compliance. (Ord. 872 § 1 (Exh. A), 1997)
8.31.100 Joint and several liability.
All responsible parties for graffiti on a particular property shall be jointly and severally liable for the graffiti abatement costs and expenses. (Ord. 872 § 1 (Exh. A), 1997)
8.31.110 Responsibility for graffiti abatement costs and expenses.
Any responsible party must pay for the graffiti abatement costs and expenses for which he or she is liable. (Ord. 872 § 1 (Exh. A), 1997)
8.31.120 Invoice for graffiti abatement.
The director shall send an invoice for graffiti abatement costs and expenses to a responsible party. The invoice for graffiti abatement costs and expenses shall contain:
A. The address or location of the defaced real property and a description and the location of the defaced personal property, sufficient to identify the defaced property; and
B. A summary of the graffiti abatement actions performed; and
C. A listing of the graffiti abatement costs and expenses incurred; and
D. The identity of the responsible party and the basis of that determination; and
E. A description of the payment process, including the time within which and the place to which the graffiti abatement costs and expenses shall be paid; and
F. A statement advising that the graffiti abatement costs and expenses shall be a personal obligation of the responsible party; and
G. A statement advising that the city may pursue a special collection process for the graffiti abatement costs and expenses against real property owned by the responsible party; and
H. A description of the process by which a responsible party may protest the determination that he or she is a responsible party or the amount of the graffiti abatement costs and expenses. (Ord. 872 § 1 (Exh. A), 1997)
8.31.130 Payment.
A. The invoice for graffiti abatement costs and expenses shall be paid to the city within thirty days from the date of the invoice.
B. Any payment of an invoice for graffiti abatement costs and expenses not received by the city within thirty days from the date of the invoice shall be deemed delinquent and subject to a late charge and special collection procedures.
C. If any payment of an invoice for graffiti abatement costs and expenses becomes delinquent, a late charge equal to twenty percent of the original invoice amount shall be added to the original invoice amount and shall be due and payable to the city in addition to the original invoice amount.
D. If the entire amount of an invoice for graffiti abatement costs and expenses, including any late charge, has not been paid to the city prior to the filing of a special collection as provided in this section, the late charge shall be included in the amount of the special collection.
E. A failure to pay an invoice for graffiti abatement costs and expenses may be enforced and collected as a personal obligation of a responsible party or through a special collection. (Ord. 872 § 1 (Exh. A), 1997)
8.31.140 Request for hearing – Appeal procedure – Action by city council.
A. Any person who receives an invoice for graffiti abatement costs and expenses may protest the determination that he or she is a responsible party or the amount of the graffiti abatement costs and expenses by filing at the office of the city clerk within thirty days from the date of the invoice a written, dated appeal containing:
1. A specific identification of the property which is the subject of the graffiti abatement proceeding;
2. A caption reading: “Appeal of _______,” giving the names of all appellants participating in the appeal;
3. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order;
4. A statement in ordinary and concise language of the specific order or action protested, together with any material facts supporting the contentions of the appellant;
5. The signatures of all parties named as appellants, and their official mailing addresses;
6. The verification of at least one appellant as to the truth of the matters stated in the appeal.
As soon as practicable after receiving the written appeal, the city clerk shall set a date for hearing of the appeal by the city council, which date shall be not less than seven days nor more than thirty days from the date the appeal was filed. Written notice of the time and the place of the hearing shall be given at least five days prior to the date of the hearing to each appellant by the city clerk, either by causing a copy of such notice to be delivered to appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. Continuances of the hearing may be granted by the city council on request of the owner for good cause shown, or on the city council’s own motion.
Upon the conclusion of the hearing on such appeal, the city council shall terminate, confirm or modify based upon evidence adduced at said hearing.
B. The due date for the payment of an invoice for graffiti abatement costs and expenses shall be tolled from the date that a request for hearing is timely filed with the office of the city clerk to the date of the decision of the city council on the appeal.
C. The city council may assess administrative costs of the city against a responsible party when the city council confirms the person is a responsible party and liable for graffiti abatement costs and expenses.
D. The city council shall confirm or reject the director’s report, as may be modified or amended, by resolution.
E. The failure of any responsible party to appear at the public hearing shall constitute a failure to exhaust administrative remedies. (Ord. 872 § 1 (Exh. A), 1997)
8.31.150 Special collection.
The graffiti abatement costs and expenses incurred for each parcel of real property, as confirmed by the city council, shall constitute a special collection. A special collection shall include a special assessment against the real property of the responsible party pursuant to California Government Code Section 38773.6.
A. The director of administrative services shall file a certified copy of the confirmed abatement costs and expenses on properties against which the city council upheld a special collection with Monterey County tax assessor or other appropriate county official in the manner required by the county and shall request the county to enter each amount on the tax assessor’s tax roll for each affected real property.
B. The amount of the special collection shall be collected at the same time and in the same manner as ordinary municipal taxes. If any payment of the special collection is delinquent, the amount due shall be subject to the same penalties and procedures for foreclosure and sale as provided for ordinary municipal taxes.
C. As an alternative collection method, the county may collect the special collection without reference to ordinary municipal taxes by issuing a separate bill and receipt for the special collection. (Ord. 872 § 1 (Exh. A), 1997)
8.31.160 Cost accounting – Notification.
The director shall keep an account of the cost (including incidental expenses) of abating graffiti on each separate lot or parcel of land where the work is done by the city and shall render an itemized report in writing to the city council by showing the cost of abatement and the rehabilitation, demolishing or repairing of said property, buildings or structures, including any salvage value relating thereto; provided, that before said report is submitted to the city council, a copy of the same shall be posted for at least five days prior to submitting the same to the city council. Proof of said posting and service shall be made by affidavit filed with the city clerk. The term “incidental expense” 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. (Ord. 872 § 1 (Exh. A), 1997)
8.31.170 Assessment lien.
A. The total cost for abating such nuisance, as so confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.
B. After such confirmation and recordation, a copy may be turned over to the tax collector for the county whereupon it shall be the duty of said tax collector to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes 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 penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. Such notice of lien for recordation shall be in the form substantially as follows:
NOTICE OF LIEN
(Claim of the City of Seaside)
Pursuant to the authority vested by the provisions of Chapter 8.31 of the Seaside Municipal Code, the City Manager of the City of Seaside did on or about the _______ day of _______ 20____, cause the property hereinafter described to be abated or the building or structure on the property hereinafter described to be repaired in order to abate graffiti on said real property; and the City Council of the City of Seaside did on the _______ day of _______, 20__, assess the cost of such abatement or repair in the amount of said assessment, to wit: the sum of $_______: and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.
The real property herein above mentioned, and upon which a lien is claimed is that certain parcel of land lying and being in the City of Seaside, County of Monterey, State of California, and particularly described as follows:
(description)
Dated this _______ day of _______, 20___.
________________________
City Manager, City of Seaside
(Ord. 872 § 1 (Exh. A), 1997)
8.31.180 Alternative actions available.
Nothing in this chapter shall be deemed to prevent the city from commencing a civil or criminal proceeding to abate graffiti 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 herein set forth. (Ord. 872 § 1 (Exh. A), 1997)
8.31.190 Duty of owner to abate public nuisance.
Nothing contained herein shall be deemed to impose any duty or liability upon the city, its officers or employees for failure to abate graffiti, nor to relieve the owner of any private property of the duty to keep his property free from graffiti or to abate said conditions upon notice by the city. (Ord. 872 § 1 (Exh. A), 1997)