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 private property or who has primary responsibility for the repair or maintenance of private property (responsible party hereinafter in this section), to permit said property to be defaced with graffiti for a period in excess of seven (7) days after service by city by first class mail of notice of same, unless 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 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 fifteen (15) 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.
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's requiring modifications thereto, or to the immediate area surrounding same, according to the provisions and procedures set forth in Chapter 15.212 of this code. Such modifications may include, but are not limited to: Retrofitting of such surfaces at the expense of the property owner(s) of said lot, not to exceed a total cost of five hundred ($500) dollars, or at the cost of the city at the city's option, 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 that graffiti is located on public or private property viewable from a public or quasi-public place within the city, the city shall be authorized in its discretion to use public funds for graffiti removal, or for repainting or repairing of said property. This section shall not authorize graffiti removal on, or the repainting or repairing of, property owned by another public entity without prior agreement. This section shall not authorize the repainting or repairing of any more extensive area than that where the graffiti is located, unless the city determines 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 purpose 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 has requested consent to remove or paint over the graffiti and the responsible party has 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 provisions of Chapter 15.212 of this code, which procedures authorize the recovery of all costs incurred by the city in abating graffiti including the recordation of a lien as to affected property.
D. Ease of removal provisions.
1. Common utility colors and paint type. Any gas, telephone, water, sewer, cable, telephone and other utility operating in the city, other than an electric utility, shall paint their above surface metal fixtures which are installed or repainted after the effective date of this chapter, with a uniform paint type and color as directed by the city.
2. Conditions on encroachment permits. Encroachment permits issued by the city may be conditioned on, among other things, the permittee applying an anti-graffiti material to the encroaching object or structure of a type and nature that is acceptable to the city; the immediate removal by the permittee of any graffiti; the right of the city to remove graffiti or to paint the encroaching object or structure; 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 or structure containing graffiti.
3. Conditions on discretionary approvals. In imposing conditions upon conditional use permits, variances, building permits to the extent permitted by this code, or other similar land use entitlements or development or design applications, the city may impose graffiti removal requirements, and any or all of the following conditions, or other similar or related conditions:
a. Use of anti-graffiti material. Applicant shall apply an anti-graffiti material of a type and nature that is acceptable to the city, to such of the publicly viewable surfaces to be constructed on the site deemed by the city to be likely to attract graffiti (graffiti attracting surfaces).
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. 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 and be for the benefit of the city, 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.
('61 Code, § 6.7) (Ord. 939, passed - - )