A. Conditions of Encroachment Permits. Encroachment permits issued by the city may, among other items, be conditioned on (1) the permittee applying an anti-graffiti material to the encroaching object or structure of a type and nature which is acceptable to the city manager or designee; (2) the immediate removal by the permittee of any graffiti; (3) the right of the city to remove graffiti or to paint the encroaching object or structure containing graffiti.
B. Conditions on Discretionary Approvals. In imposing conditions upon conditional use permits, variances, building permits or other similar land use entitlements or development or design applications, the city may impose any or all of the following conditions or other similar or related conditions:
1. Use of Anti-Graffiti Material. Applicant may be required to apply an anti-graffiti material and provide a landscape design of a type and nature which is acceptable to the city manager or designee, to such of the publicly viewable surfaces to be constructed on the site deemed by the city manager or designee to be likely to attract graffiti (“graffiti attracting surfaces”).
2. Right of Access to Remove Graffiti. Applicant shall grant to city, in writing, the right of entry over and access to such property, upon twenty-four (24) hours’ posted notice, by authorized city employees or agents, for the purpose of removing or painting over graffiti on graffiti attracting surfaces previously designated by the city manager or designee. Such grant shall be made an express condition of approval and shall be deemed to run with the land.
3. Supply City with Graffiti-Removal Material. Applicant, and any and all successors in interest, shall, for a specified period of years after approval, provide the city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting over or removal of designated graffiti attracting surfaces.
4. Owner to Immediately Remove Graffiti. Owners, developers or other persons applying for subdivision maps shall, as a part of any conditions, covenants and restrictions covenant, which covenant shall run with the land, in a form satisfactory to the city, require that the owners of the lots shall immediately remove any graffiti placed on publicly viewable trees, rocks and structures thereon to the city’s satisfaction. (Ord. 286 § 1, 2009)