A. Authorization to Use City Funds. Within the limits set forth in this section, city funds may be used to remove graffiti from publicly or privately owned trees, rocks and temporary or permanent structures including, but not limited to, buildings, walls, fences, poles, signs, flood control channels, concrete, and paving, located on property either publicly or privately owned within the city.
B. Limitations to Use of City Funds. The use of city funds as authorized in this section is limited to the following cases:
1. The city manager, or the city manager’s designee, must approve each proposed use of city funds for the removal of graffiti.
2. The city shall obtain the written consent of the owner of the affected public or private structures prior to removal of graffiti. The consent form shall be in a form approved by the city and shall:
a. Authorize entry of city employees, contractors, or volunteers on the affected property to accomplish the removal of the material;
b. Assign to the city of Yucaipa any cause or causes of action which the owner may have against any person or persons who deface the property with graffiti; and
c. Hold the city, its officers, employees, contractors, or volunteers harmless from all liability arising out of the entry on the property or the work of removing the material.
3. In the event that written consent to remove the graffiti is withheld, the city may
obtain an abatement warrant to gain access to the subject property.
4. City funds shall be used only to remove the graffiti itself and may not be used for painting or repairing a larger area not inscribed by graffiti. (Ord. 286 § 1, 2009)