A. Right of City to Require Removal. 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” hereinafter in this Section), to permit said property to be defaced with graffiti for a period of seven (7) days after service by the City by first class mail of notice of same, unless (1) said person shall demonstrate by a preponderance of evidence that he or she does not have the financial 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 to remain defaced with graffiti for a period of seven (7) days after service by first class mail of notice of same.
B. Declaration of Nuisance.
1. Graffiti as a Nuisance. The City Council hereby declares and finds graffiti to be a nuisance subject to abatement according to the provisions and procedures herein contained and as authorized by California Government Code Sections 38773, et seq.
2. Graffiti Attracting Surface as a Nuisance. The existence of any surface of a structure on any privately owned parcel of land which has been defaced with graffiti after removal more than five (5) times in twelve (12) months is hereby deemed to be a nuisance, and may be abated by the City by order of the City Council requiring modifications thereto, or to the immediate area surrounding same. Such modifications may include, but are not limited to: Retrofitting of such surfaces at the expense of the property owner(s) of said lot, with such features or qualities as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient, expedient or efficient removal of graffiti therefrom.
C. Right of City to Remove.
1. Use of Public Funds. Whenever the City becomes aware or is notified and determines that graffiti is so located on public or privately owned property viewable from a public or quasi-public place within the City, the City shall be authorized 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 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 to pay for the costs of repainting or repairing the more extensive area.
2. Right of Entry on Private Property.
(a) Securing Owner Consent. Prior to entering upon private property or property owned by a public entity other than the City, for the purposes of removal of graffiti, the City shall attempt to secure the consent of the Responsible Party and a release of the City from liability for private or public property damage.
(b) Failure to Obtain Owner Consent. If a Responsible Party fails to remove the offending graffiti within the time herein specified or if the City shall have requested consent to remove or paint over the offending graffiti and the Responsible Party shall have refused consent for entry on terms acceptable to the City consistent with the terms of this Section, the City may commence abatement and cost recovery proceedings for the removal of the graffiti pursuant to the nuisance abatement authority granted by California Government Code Sections 38773, et seq., which authority includes the recovery of all costs incurred by the City in abating graffiti and recordation of lien as to affected property.
D. Ease of Removal Provisions.
1. Common Utility Colors and Paint Type. Any gas, telephone, water, sewer, cable, electrical and other utility operating in the City, shall paint their freestanding, above-surface metal fixtures which are installed after the effective date of this Chapter, with a uniform paint type and color as directed by the City Manager.
2. Conditions on Encroachment Permits. Encroachment permits issued by the City may, among other items, be conditioned on one (1) permittee applying an anti-graffiti material to the encroaching object or structure of a type and nature which is acceptable to the City Manager, or his or her designee; (2) the immediate removal by the permittee of any graffiti; (3) the right of the City to remove graffiti or to paint the encroaching object or structure; (4) the permittee providing the City with sufficient matching paint and/or anti-graffiti material on demand for use in the painting of the encroaching object of structure containing graffiti.
3. Conditions on Discretionary Approvals. In imposing conditions upon conditional use permits, variances, building permits or other similar land use entitlements or development or design applications, the City may impose graffiti removal requirements or any or all of the following conditions, or other similar or related conditions:
(a) Use of Anti-Graffiti Material. Applicant may be required to apply an anti-graffiti material or provide a landscape design of a type and nature which is acceptable to the City Manager, or his or her designee, to such of the publicly viewable surfaces to be constructed on the site deemed by the City Manager, or designee, to be likely to attract graffiti (“Graffiti Attracting Surfaces” hereinafter in this Section);
(b) Right of Access to Remove Graffiti. Applicant shall grant, in writing, the right of entry over and access to such parcels, upon forty-eight (48) hours posted notice, by authorized City employees or agents, for the purpose of removing or “painting over” graffiti on Graffiti Attracting Surfaces previously designated by the City Manager or designee. Such grant shall be made an express condition of approval and shall be deemed to run with the land;
(c) Supply City with Graffiti-Removal Material. Applicant, and any and all successors in interest, shall, for a specified period of years after approval, provide the City with sufficient matching paint and/or anti-graffiti material on demand for use in the painting over or removal of designated Graffiti Attracting Surfaces;
(d) Owner to Immediately Remove Graffiti. Persons applying for subdivision maps shall, as part of any conditions, covenants and restrictions, covenant, which covenant shall run with the land, in a form satisfactory to the City, that the owners of the lots shall immediately remove any graffiti placed on publicly viewable trees and structures thereon to the City’s satisfaction.