(a) Prohibition Against Allowing Graffiti to Remain. It shall be unlawful for any owner, occupant, or person otherwise in control of any property within the City to permit any graffiti to exist, or to allow any graffiti to remain on any surface located on such property when the graffiti is a public nuisance under § 11.10.020 and notice of repair, replacement or removal has been given under (B) below.
(b) Removal from Non-City Property.
(1) It is the duty of every property owner, occupant or person otherwise in control of any property within the City to remove graffiti promptly from his or her property or to repair or replace that property which cannot be repaired. When graffiti is a public nuisance under §11.10.020, the City may cause a written notice to be served upon the owner of the affected property requesting repair, replacement or removal of the graffiti. Notice shall be deemed given upon personal service, or 48 hours after being deposited in the United States Mail, First Class, postage prepaid, directed to the intended individual.
(2) Notwithstanding any other provisions of this Chapter, if such property owner, occupant or person otherwise in control of the property, fails to remove the graffiti within 48 hours after receipt (as defined in (e)) the notice requiring the removal of the graffiti, the graffiti may be abated by the City pursuant to the provisions of this Code, including the billing of the cost to the property owner. The unpaid costs of abatement may be placed on the tax roll in the manner allowed by law.
(c) Removal from City Property. Whenever the City Manager or his designated representative determines that graffiti exists upon property owned by the City, it may be removed or the property repaired or replaced by the City at its expense as soon as possible.
(1) Parental Civil Liability. Consistent with Civil Code Section 1714.1, in situations where graffiti is willfully caused by individuals under the age of 18, the parent or legal guardian of said minor shall be responsible for its removal or payment for the cost thereof. The City may recover such costs up to the maximum amount allowed by law ($20,000 plus an inflation factor) against the parent or legal guardian.
(d) Cost Recovery.
(e) Removal by Canyon Lake Property Owners’ Association. The Canyon Lake Property Owners’ Association (“CLPOA”) is responsible for the removal of graffiti from its common area property as set out in this Chapter. In addition, to the extent allowed by law or the CC&R’s, the CLPOA shall, enter and remove graffiti from private property of its property owners. Such removal may be at its cost or may recover the cost of such removal as allowed by the CC&R’s.
(Am. Ord. 92, passed 12-1-2004)