§ 131.10 PURPOSE.

   (A)   The purpose of this subchapter is to provide a program for removal of graffiti from walls and structures on both public and private property and to provide regulations designed to prevent and control the further spread of graffiti in the city. The increase of graffiti on both public and private buildings, structures and places is creating a condition of blight within the city which results in a deterioration of property and business values for adjacent and surrounding properties all to the detriment of the city. Allowing graffiti to remain increases the likelihood of additional graffiti being placed on the property. Graffiti constitutes not only unattractive blight but also increases the likelihood of criminal activity when left in place.

   (B)   The City Council finds and determines that graffiti is obnoxious and a public nuisance which must be abated so as to avoid the detrimental impact of such graffiti on the city and to prevent the further spread of graffiti.

   (C)   The City Council further finds that substantial amounts of graffiti are created by minors; that parents and guardians should be made responsible for the avoidance and removal of graffiti created by minors; and that penalties and requirements are needed to ensure that parents exercise appropriate control over and assume responsibility for the actions of minors under their control. While the property is a victim of the graffiti, where the responsible party fails to correct the defacing graffiti, it is always the duty of the property owner to remove graffiti as soon as reasonably possible.

(Ord. 639-C.S., passed 2-6-01)

§ 131.11 DEFINITIONS.

   For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

   GRAFFITI. The unauthorized spraying of paint or marking or placing of ink, chalk, dye, wax, epoxy, gum, glue or other similar substances on public and private buildings, structures, places and vehicles.

   GRAFFITI NUISANCE PROPERTY. Property upon which graffiti has not been abated after the date established pursuant to § 131.15

   RESPONSIBLE ADULT. Any parent, guardian or other adult having responsibility, custody or control of an individual under the age of 18 years.

   RESPONSIBLE PARTY. An owner, entity, or person acting as an agent for an owner by agreement, who has authority over the property or is responsible for the property's maintenance or management.

(Ord. 639-C.S., passed 2-6-01)

§ 131.12 VIOLATION.

   (A)   It is unlawful for any person to paint, chalk, or otherwise apply graffiti on public or privately owned permanent structures signs, areas, or surfaces located on public or privately owned real property within the city.

   (B)   It is a violation of this subchapter to allow a property to become a graffiti nuisance property and to not remove graffiti from the property within the time period provided in the Notice to Remove Graffiti.

   (C)   Violation of any provision of this subchapter shall be a misdemeanor.

(Ord. 639-C.S., passed 2-6-01)

§ 131.13 REMOVAL OF GRAFFITI.

   Any person applying graffiti within the city shall have the duty to remove the same within 24 hours after notice by the city or the public or private owner of the property involved. Failure of any person to so remove graffiti shall constitute an additional violation of this subchapter. Where graffiti is applied by juveniles, the parent or parents, or responsible adult or adults, shall be responsible for such removal and for the payment of all costs of any kind, direct or indirect, incurred by the city in affecting the removal of such graffiti.

(Ord. 639-C.S., passed 2-6-01)

§ 131.14 REMOVAL AT OWNER'S EXPENSE.

   Graffiti located on privately owned structures on privately owned real property within the city so as to be capable of being viewed by a person utilizing any public right-of-way or walkway open to the public in this city may be removed by the city at the owner's expense as a public nuisance pursuant to the provisions of §§ 131.16 to 131.20

(Ord. 639-C.S., passed 2-6-01)

§ 131.15 NOTICE TO REMOVE GRAFFITI.

   Whenever the Chief of Police or designee is apprized of the presence of graffiti located on privately owned real property within the city, the Chief of Police or designee may cause a written notice to be served upon the owner/responsible party of the affected premises as such owner's name and address appears on the last equalized assessment roll by depositing a copy of the notice in the U.S. Postal Service enclosed in a sealed envelope and with the postage thereon fully pre-paid. The mail shall be registered or certified and addressed to said owner at the last known address of said owner, and if there is no known address, then in care of the property address. The service is complete at the time of such deposit. As an alternative to mailing the notice a copy of the notice may be personally served on the owner/responsible party. OWNER as used herein means any person in possession and also any person having or claiming to have any legal or equitable interest in said premises as described by a preliminary title search from any accredited title company. The failure of any person to receive such notice shall not affect the validity of any proceeding hereunder. The property owner shall have seven days after the date of the notice to remove the graffiti or be subject to city removal of the graffiti and assessment of the costs of such removal as a lien on the subject property.

(Ord. 639-C.S., passed 2-6-01)

§ 131.16 FORM OF NOTICE TO REMOVE GRAFFITI.

   (A)   The notice shall be substantially in the following form:

NOTICE OF INTENT TO REMOVE GRAFFITI

Date:       

NOTICE IS HEREBY GIVEN that you are required at your expense to remove or paint over the graffiti located on the property commonly known as                  , Eureka, CA, which is visible to public view, within seven (7) days after the date of this notice; or, if you fail to do so, then City employees or private City contractors will enter upon your property and abate the public nuisance by removal or painting over of 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 Chief of Police for the City or their designee within seven (7) days from the date of this notice. At the conclusion of this seven (7) day period the City may proceed with the abatement of the graffiti inscribed on your property at your expense without further notice.

   (B)   Where the city has made reasonable efforts to provide notice in substantial compliance with this section, minor defects, omissions and/or inconsistencies in the form or language of the notice shall not invalidate the notice.

(Ord. 639-C.S., passed 2-6-01)