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Upon discovering the existence of graffiti on private or public property within the City, the City Manager or designee shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this article. (Ord. 2004-10 § 2(part), 2004)
A. The City Manager shall cause a notice of intention to remove graffiti to be mailed by registered or certified mail to the owner of the real property upon which graffiti has been unlawfully applied. The notice shall advise the following:
1. If consent to remove the graffiti is provided to the City by the owner, or by any person authorized by the owner, within ten days of mailing the notice, the city shall remove the graffiti at no cost to the owner.
2. If the owner objects to removal of the graffiti by the city the owner may request a hearing before the Board of Appeals in the manner specified in Section 8.24.080.
3. If within ten days of the mailing of the notice, the graffiti has not been removed and the city has not received from the owner either a consent to remove the graffiti or a written request for a public hearing, then the city shall be entitled to remove the graffiti and assess the costs of administration and removal to the property owner.
B. The notice of intention to remove graffiti shall be in substantially the following form:
NOTICE OF INTENTION TO ABATE AND REMOVE GRAFFITI
_________________
_________________
_________________
Re: Graffiti at (property address)
As owner shown on the last equalized assessment roll of the real property located at _________________, you are hereby notified that the undersigned has determined pursuant to Chapter 8.24 of the Pinole Municipal Code that there exists upon said real property certain graffiti which constitutes a public nuisance.
The City of Pinole desires to remove the graffiti as quickly as possible. If within ten (10) days of the mailing of this notice you, or any person authorized by you provides the City with written consent to remove the graffiti, the City shall remove the graffiti at no expense to you as the owner. If within ten (10) days of the mailing of this notice, the graffiti has not been removed and the City has not received from you written consent to remove the graffiti, the City shall determine the graffiti a public nuisance and assess the cost of administration and removal to you without a hearing.
If you object to the removal of the graffiti from your property by the City and/or to the costs which shall be assessed to you pursuant to the terms of this letter, you may request a hearing before the Board of Appeals pursuant to Section 8.24.0870 of the Pinole Municipal Code.
If you desire the City to remove the graffiti from your property at no expense to yourself, please provide written consent to the City on or before _________________________, 2____. A consent form is included with this notice, for your convenience.
Notice mailed: ______________________
____________________________
City Manager or designee
City of Pinole
(Ord. 2004-10, § 2(part), 2004)
1. If consent to remove the graffiti is provided to the City by the owner, or by any person authorized by the owner, within ten days of mailing the notice, the city shall remove the graffiti at no cost to the owner.
2. If the owner objects to removal of the graffiti by the city the owner may request a hearing before the Board of Appeals in the manner specified in Section 8.24.080.
3. If within ten days of the mailing of the notice, the graffiti has not been removed and the city has not received from the owner either a consent to remove the graffiti or a written request for a public hearing, then the city shall be entitled to remove the graffiti and assess the costs of administration and removal to the property owner.
B. The notice of intention to remove graffiti shall be in substantially the following form:
NOTICE OF INTENTION TO ABATE AND REMOVE GRAFFITI
_________________
_________________
_________________
Re: Graffiti at (property address)
As owner shown on the last equalized assessment roll of the real property located at _________________, you are hereby notified that the undersigned has determined pursuant to Chapter 8.24 of the Pinole Municipal Code that there exists upon said real property certain graffiti which constitutes a public nuisance.
The City of Pinole desires to remove the graffiti as quickly as possible. If within ten (10) days of the mailing of this notice you, or any person authorized by you provides the City with written consent to remove the graffiti, the City shall remove the graffiti at no expense to you as the owner. If within ten (10) days of the mailing of this notice, the graffiti has not been removed and the City has not received from you written consent to remove the graffiti, the City shall determine the graffiti a public nuisance and assess the cost of administration and removal to you without a hearing.
If you object to the removal of the graffiti from your property by the City and/or to the costs which shall be assessed to you pursuant to the terms of this letter, you may request a hearing before the Board of Appeals pursuant to Section 8.24.0870 of the Pinole Municipal Code.
If you desire the City to remove the graffiti from your property at no expense to yourself, please provide written consent to the City on or before _________________________, 2____. A consent form is included with this notice, for your convenience.
Notice mailed: ______________________
____________________________
City Manager or designee
City of Pinole
(Ord. 2004-10, § 2(part), 2004)
Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that any person is responsible for the unlawful application of graffiti, a penalty in the amount of three times the costs of abatement shall be paid by the violator(s). (Ord. 2004-10 § 2(part), 2004)
In any action, administrative proceeding, or special proceeding initiated by the city to abate a nuisance, the prevailing party may recover attorneys' fees. Recovery of attorneys' fees by the prevailing party is limited to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. The award of attorneys' fees to the prevailing party shall in no circumstances exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding. (Ord. 2004-10 § 2(part), 2004)
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