(a) Right of City to Require Removal. It is unlawful for any responsible party to permit the property which is defaced with graffiti to remain so defaced for a period of seven calendar days after service by city by first class mail of notice of same. This prohibition does not apply if:
(1) The responsible party demonstrates by a preponderance of evidence that he or she does not have the financial ability to remove the defacing graffiti; or
(2) The responsible party demonstrates that he or she 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 is unlawful to permit such property to remain defaced with graffiti for a period of fifteen calendar days after service by first class mail of notice of same.
(b) 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 as to be viewable from a public or quasi-public place within the city, the city is authorized to use public funds for the removal, repair or replacement of the same. The city will not authorize or undertake to remove, repair or replace 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 private property, or property owned by another public entity, for the purposes of graffiti removal, 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. The city may commence abatement and cost recovery proceedings for the removal of the graffiti pursuant to the provisions of Chapter 3.20 of this code.
(c) Method of Removal.
(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, will paint their above-surface metal fixtures installed after the effective date of this chapter, with a uniform paint type and color.
(2) Conditions on Encroachment Permits. Encroachment permits issued by the city may, among other things, be conditioned on any of the following: (i) the permittee applying an anti-graffiti material to the encroaching object or structure of a type and nature that is acceptable to the city; (ii) the immediate removal by the permittee of any graffiti; (iii) the right of the city to remove graffiti or to paint the encroaching object or structure; (iv) 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 unclassified use permits, variances, building permits, design or development applications or other similar land use entitlements, the city may impose graffiti removal requirements or any or all of the following conditions:
(A) Use of Anti-Graffiti Material. The applicant must apply an anti-graffiti material to publicly viewable surfaces which will be constructed on the site and which the city deems are likely to attract graffiti (referred to hereafter as “graffiti attracting surfaces”). Such material must be approved by the city in advance.
(B) Right of Access to Remove Graffiti. The applicant must grant to the city, in writing, the right of entry over and access to such parcels for the purpose of removing or “painting over” graffiti on graffiti attracting surfaces previously designated by the city. Such entry will only be allowed upon forty-eight hours posted notice. This grant will be an express condition of approval and will run with the land.
(C) Supply City with Graffiti-Removal Material. For a specified period of years after approval, the applicant, and any and all successors in interest, must provide the city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting over or removal of graffiti on the designated graffiti attracting surfaces.
(D) Owner to Immediately Remove Graffiti. Persons applying for subdivision maps must, as part of the conditions, covenants and restrictions, covenant that the owners of the lots will immediately remove any graffiti placed on publicly viewable trees and structures thereon to the city’s satisfaction. Such covenants will run with the land and must be in a form satisfactory to the city.
(d) Preservation Procedures Adopted Pursuant to California Government Code Section 53069.3(c)(2). Prior to or during removal, the city will follow any procedures adopted by the Los Angeles County sheriff’s department for pre-removal preservation of sufficient evidence of the graffiti for criminal prosecutions or proceedings under Section 602 of the Welfare and Institutions Code.
(Ord. 790 § 19 (part), 1999)