A. The city council finds that proliferation of graffiti, especially gang-related graffiti, presents an imminent danger to the public safety and welfare. Law enforcement officials and other experts agree that immediate removal of gang-related graffiti is necessary to reduce the risk of violent and other criminal activities associated with gangs and gang territories. The presence of graffiti which is not abated immediately encourages the creation of additional graffiti, resulting in neighborhood blight and increased costs of abatement.
B. Notwithstanding the provisions of Section 8.04.340 of this chapter, the department head or his or her designee is authorized to summarily abate gang-related graffiti. The abatement may be undertaken by city staff or by out-side contractors.
For purposes of this section only, "gang-related graffiti" shall be defined as graffiti, as that term is defined in Section 8.24.020 of this title, which is placed on private or public property by either of the following: (1) a criminal street gang as that term is defined by Penal Code Section 186.22; or (2) any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of graffiti activity, which has a common name(s) or common identifying sign(s) or symbol(s), and whose members individually or collectively engage in or have engaged in a pattern of graffiti activity.
C. The expense of abatement may be assessed against a minor responsible for creating the graffiti nuisance and the parents or guardians who have custody and control of the minor, or any other person responsible for creating the graffiti nuisance, pursuant to the procedures in Chapter 8.24 of this title. (Ord. 2000-041 § 4; Ord. 97-073 § 1; prior code § 61.09.904)