5-12-7: PARENTAL RESPONSIBILITY:

Pursuant to Civil Code section 1714.1(b), where graffiti is applied by a minor, the parent(s) or legal guardian(s) of the minor shall be jointly and severally liable for the payment of civil damages resulting from the minor's misconduct in an amount not to exceed twenty five thousand dollars ($25,000.00) for each offense. If a minor is personally unable to pay an administrative fine for acts prohibited by this chapter, the parent(s) or guardian(s) in custody or control of said minor shall be liable for the payment of the fine. The city manager may waive payment of the fine or any part thereof by the parent(s) or guardian(s) upon a finding of good cause. (Ord. 2016-003, 8-23-2016)

5-12-8: STANDARDS FOR GRAFFITI REMOVAL:

Graffiti shall be removed or completely covered in a manner that renders it inconspicuous. When graffiti is painted over, the color used to paint over it shall reasonably match the original color of the surface, or the surface shall be completely repainted with a new color that is aesthetically compatible with existing colors and architecture. The removal shall not leave shadows and shall not follow the pattern of the graffiti such that letters or similar shapes remain apparent on the surface after graffiti markings have been removed. If the area is heavily covered with graffiti, the entire surface shall be repainted.

It is unlawful for any owner of real property located in the city, and for any tenant, occupant, or user of real property therein, to maintain, permit, or allow graffiti to exist thereon, for longer than forty eight (48) hours. (Ord. 2016-003, 8-23-2016)

5-12-9: EASE OF REMOVAL PROVISIONS:

   A.   Common Utility Colors And Paint Type: Any gas, telephone, water, sewer, cable, and other utilities operating in the city, other than an electric utility, shall paint their above surface metal fixtures, that are installed after the effective date hereof, with a uniform paint type and color as directed by the city manager or designee, unless otherwise authorized by the city.

   B.   Land Use Entitlement Conditions: In approving subdivision maps, conditional use permits, variances, building permits, or other similar land use entitlement or development or design applications, the city may impose one or all of the following conditions, or other similar or related conditions:

      1.   Use of antigraffiti materials on surfaces exposed to public view of a type and nature that is acceptable to the city manager or designee.

      2.   Use of landscaping to screen or provide a barrier to surfaces that may be prone to graffiti.

      3.   Right of access by city to remove graffiti.

      4.   Applicants, permittees, and all successors in interest shall provide city with sufficient matching paint and/or antigraffiti material on demand for use in painting over or removal of graffiti.

      5.   Applicants, permittees, and all persons applying for subdivision maps shall, as part of any conditions, covenants and restrictions, covenant that the owners of the lots shall remove any graffiti in accordance with the requirements of this chapter.

   C.   Encroachment Permit Conditions: All encroachment permits issued by the city may, among other things, be conditioned on any one or more of the following:

      1.   Use of antigraffiti materials on surfaces exposed to public view of a type and nature that is acceptable to the city manager or designee.

      2.   Use of landscaping to screen or provide a barrier to the encroaching object.

      3.   The right of the city to remove the graffiti or to paint the encroaching object or structure.

      4.   Permittee shall provide city with sufficient matching paint and/or antigraffiti material on demand for use in painting over or removal of graffiti on the encroaching object or structure.

      5.   Permittee shall remove all graffiti in accordance with the requirements of this chapter.

   D.   Community Education: The city manager or designee may conduct regular programs to provide community education regarding the prevention of graffiti in coordination with local businesses. (Ord. 2016-003, 8-23-2016)

5-12-10: USE OF CITY FUNDS TO ABATE GRAFFITI:

   A.   Pursuant to Government Code section 53069.3, the city is hereby authorized to use city funds to remove graffiti or other inscribed material from publicly or privately owned real or personal property located within the city and to replace or repair public or privately owned property within the city that has been defaced with graffiti or other inscribed material that cannot be removed cost effectively.

   B.   The city may use city funds only for the removal of the graffiti or other inscribed material itself, or, if the graffiti or other inscribed material cannot be removed cost effectively, the repair or replacement of the portion of the property that was defaced, and not the painting, repair, or replacement of other parts of the property that were not defaced.

   C.   The removal, repair, or replacement may be performed, in the case of publicly owned real or personal property, only after securing the consent of the public entity having jurisdiction over the property, and in the case of privately owned real or personal property, only after securing the consent of the owner or possessor. (Ord. 2016-003, 8-23-2016)

5-12-11: LIABILITY FOR EXPENSE OF ABATEMENT:

   A.   Recovery Of Abatement Costs: Pursuant to Government Code section 38772(a) each responsible person shall be responsible to the city for the expense of abatement. The city may seek to recover the expense of abatement by any means authorized by law, including, but not limited to, imposing a special assessment against property owned by the responsible person in accordance with the procedures set forth in section 5-12-13 of this chapter.

   B.   Parents Liable For Expense Of Abatement: Pursuant to Government Code section 38772(b) a minor and the parent(s) or guardian(s) having custody and control of said minor are jointly and severally liable to the city for the expense of abatement. The expense of abatement may become a special assessment against the property owned by the minor and/or the property owned by the parent(s) or guardian(s) having custody and control of the minor. The procedures set forth in section 5-12-13 of this chapter shall be followed for the imposition of a special assessment lien.

   C.   Recovery Of Damages: Alternatively, the city may seek recovery of damages, including the expense of abatement, pursuant to Civil Code section 1714.1(b), jointly and severally against the parent(s) or guardian having custody and control of a minor whose act of wilful misconduct resulted in the defacement of property of another with paint or similar substance.

   D.   Preservation Of Evidence: The police department may promulgate procedures for the preremoval preservation of sufficient evidence of the graffiti or other inscribed material for criminal prosecution or proceedings. Said procedures shall be followed by the city prior to or during removal of the graffiti or other inscribed material. (Ord. 2016-003, 8-23-2016)