(a) Right of City to Require Removal. It is unlawful for any person who is the owner, or who has primary responsibility for control, or who has primary responsibility for the repair or maintenance of property visible to the public, including property under any such person’s ownership or control that is located within any City right-of- way, to permit the property which is defaced with graffiti to remain so defaced for a period longer than seventy-two (72) hours after written notification or documented verbal notification by the City that the graffiti must be removed. Property shall be considered no longer defaced when the graffiti is removed or the defaced area is covered by paint that is substantially similar in shade and color to the surface upon which the graffiti is placed.
(b) Declaration of Nuisance.
(1) Graffiti as a Nuisance. The city council declares and finds graffiti to be a nuisance subject to abatement according to the provisions and procedures contained in this chapter.
(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 times in twelve 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 21.55 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 the lot, not to exceed a total cost of five hundred 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, 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 his 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 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 specified in this section, 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 provisions of Chapter 21.55 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.
(3) City Authorized to Obtain Restitution of Abatement Costs. In the event a responsible party fails to remove the offending graffiti within the time specified in this section and the City is required to undertake graffiti abatement as a result thereof, the City shall be deemed to be a ‘victim’ and responsible for the abatement pursuant to Penal Code Section 1202.4(k)(5). Further, the City shall be authorized to obtain restitution for all costs of abatement. In order to qualify for such restitution, efforts to obtain graffiti clean-up from the responsible party must have been unsuccessful, clean-up is necessary in order to protect the community from the continued nuisance condition, and the City must have incurred specific costs to abate the graffiti which have not and will not likely be recoverable from the responsible party. The remedies set forth in this Subsection shall be in addition to any other remedies available to the City to collect its costs incurred in abating graffiti. Nothing herein shall be deemed to create any mandatory duty on the part of the City to abate graffiti.
(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 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 things, be conditioned on (1) the permittee applying an anti-graffiti material to the encroaching object or structure of a type and nature that 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 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 extend permitted by this code, or other similar land use entitlement or development or design applications, the city may impose 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 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);
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 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 director. 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 period of two 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 city's satisfaction.
(Ord. 731 § 1, 2023; Ord. 468 § 1 (part), 1993).