A. General. Any person applying graffiti within the city shall have the duty to remove same in a manner approved by the city and the property owner within twenty-four (24) hours after notice by the city or public or private owner of the property involved. Failure of any person to so remove graffiti shall constitute an additional violation of this chapter. Consistent with Civil Code Section 1714.1, where graffiti is applied by minors, the parent or guardian shall be responsible for such removal or payment of costs thereof.
B. Public Property. Whenever the director of public services or his designate representative determines that graffiti exists upon property owned by the city, it shall be removed as soon as possible. When the property is owned by a public entity other than the city, the removal of the graffiti may be authorized by the director of public services or his representative, and removal undertaken by city only after securing written consent of the public entity having jurisdiction over the property. The public entity shall execute a release and waiver as approved by the city's risk manager.
C. Notice of Affected Area; Requirement to Remove Graffiti.
1. Where graffiti is located upon private property and said graffiti is capable of being viewed by persons utilizing any public right-of-way or sidewalk within the city, it is the property owner's duty to remove said graffiti promptly from the property and to restore said property at least to the condition it was in prior to such act of vandalism. If the property owner fails to promptly remove said graffiti, the city shall cause a written notice to be served upon the owner of the affected property notifying the owner of the location and description of the graffiti and of the property owner's obligation to remove said graffiti. The notice shall request the owner provide the city with contact information, including a telephone number. It shall be the responsibility of the property owner to commence removal of the graffiti described in the notice within fifteen (15) days of service by mail or within three working days of personal delivery of the notice, or within three working days of a city official notifying the property owner or property owner's agent by telephone of the issue and mailing the notice. The property owner shall diligently and promptly pursue total removal of said graffiti; provided, that an exception may exist in cases of undue hardship as established pursuant to Section 9.16.070(C)(2). Working days for purposes of this section are days which are neither Saturday, Sunday, nor a nationally observed holiday. The service is complete at the time of deposit of the notice in the U.S. mail or by personal delivery of the notice to the owner of the property subject to removal of graffiti. The failure of any person to receive such notice shall not affect the validity of any proceeding.
2. Undue Hardship--Optional Procedure for Removal. In the event the property owner cannot comply with the requirement of Section 9.16.070(C)(1) due to hardship, the property owner shall file a written request for waiver of the removal requirement with the city. The property owner shall explain his/her reason(s) for making such request. The written request shall be filed within the fifteen (15) day removal period stated in Section 9.16.070(C)(1) when service of notice was by mail or three (3) working days when notice was personally served or the owner was notified by telephone and written notice was also mailed. In determining whether the request for waiver will be granted, and subsequent assistance provided to the property owner in removal of said graffiti, the city shall consider the following circumstances:
a. The cost of restoration of the property to its original state prior to the imposition of the graffiti in proportion to the relative value of the property;
b. The ability of the owner to pay for such removal;
c. Whether or not the property has been the target of previous incidents of graffiti or whether a pattern of vandalism to such property exists.
The decision of the city in the form of a written decision by the public services director, as to whether or not to grant the waiver, shall be final.
3. City's Release From Liability. A written request to waive the requirements of Section 9.16.070 (C)(1) shall be accompanied by a release from liability form signed by the property owner which shall release the city and its authorized agents from any and all liability that may be caused or attributed to removal of graffiti from the owner's premises by persons acting under the authorization of the city.
4. Approval for City to Remove Graffiti. A written request to waive the requirements of Section 9.16.070(C)(1) accompanied by a signed release from liability form shall constitute an express approval by the property owner that the city or its authorized representatives may provide for the removal of the graffiti on owner's property by persons acting under the authorization of the city.
5. Failure to Remove Graffiti or Seek Waiver of Removal. In the event the owner fails to remove graffiti from his/her property after he/she fails to request a waiver of such removal, or such waiver has been denied, the city may declare the property a public nuisance and the city may take any of the following courses of action:
a. Administrative Procedure to Abate Nuisance. City may direct the removal of graffiti from the property with the cost of work performed and billed to the property owner who may select the option of direct payment of such costs. Failure to make direct payment for the abatement of graffiti shall constitute a special assessment against the respective lot or parcel plat to which it relates. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. Upon completion of the graffiti abatement work, the public services director shall cause to be recorded in the office of the recorder of Tulare County, a notice of completion of graffiti abatement proceedings against a particular parcel involved. The notice of completion of graffiti abatement proceedings shall have the affect when recorded of conclusively establishing that graffiti abatement proceedings have been completed and that all necessary charges incurred on account thereof by the city are due and owing and constitute a special assessment against the subject real property. This notice shall specify the name for the current owner of the parcel as shown on the last equalized assessment rolls of the county of Tulare, and the Tulare County Assessor's Parcel Number for the parcel involved.
b. The city may commence criminal proceedings to abate a public nuisance under applicable Penal Code provisions.
(Prior code § 5506) (Ord. 2010-02 § 2, 2010)