ORDINANCE OF THE CITY OF CALABASAS
TO THE REMOVAL OF GRAFFITI
CITY COUNCIL OF THE CITY OF CALABASAS DOES HEREBY ORDAIN AS FOLLOWS:
1. Declaration of Graffiti as a
Public Nuisance. The City Council
of Calabasas hereby finds and declares that maintenance of graffiti on public
and private properties within public view is obnoxious and constitutes a public
nuisance, the abatement of which shall be provided as set forth herein.
For the purpose of this Chapter, unless otherwise apparent from the
context, certain words and phrases used in this Chapter are defined as follows:
shall mean the international altering of the physical shape or physical
appearance of property.
shall mean any painting, marking, symbol, design, inscription or other
defacement which is written, sprayed, painted, scratched, etched, engraved,
placed with an indelible marker or otherwise applied to the real or personal
property of another without the prior consent of the owner or person in
marker” shall mean any marker, pen or similar implement which contains a fluid
which is not soluble in water and has a flat, pointed or angled writing surface
of a width of one-half inch or greater.
3. Purpose. The purpose of this Chapter is to provide for the prompt
abatement of graffiti from public and private properties in the City.
4. Permitting Graffiti to Remain
Prohibited. No person shall permit
any graffiti which is within public view to remain on any building, structure,
tree, shrub, sidewalk or curb owned or possessed by such person.
5. Notice to Owners or Possessors
of Private Property. Whenever the
City Manager, or his or her designee, determines that graffiti is being
maintained upon any premises with the city in violation of Section 4 of this
Ordinance, the City Manager, or his or her designee, shall send written notice
to the owner or possessor of the premises of such condition and shall require
that the graffiti be removed. The
notice and order shall be sent to the owner as shown on the most recent
equalized assessment roll and a copy shall be posted on the subject property.
The notice shall state that the owner must remove the graffiti or consent
to its removal by the City within ten (10) days from the date the notice was
Owner’s Consent to Remove. Whenever
the City Manager, or his or her designee, determines that graffiti is located on
public or private property so that graffiti may be viewed by a person using any
public right-of-way, the City Manager, or his or her designee, is authorized to
provide for and use public funds, if necessary, to remove graffiti upon the
Property. Whenever the City Manager
or his or her designee determines that graffiti exists upon property owned by
the City of Calabasas, it shall be removed as soon as possible.
When the property is owned by a public entity other than the City of
Calabasas, the removal of the graffiti is authorized after securing written
consent of the public agency having jurisdiction over the property.
Property. Where the subject
property is privately owned, the removal of graffiti is authorized after the
City Manager, or his or her designee, secures the written consent of the owner
of the property and the owner executes a release and waiver approved as to form
by the City Attorney.
graffiti shall be removed as authorized herein, but the removal shall not
involve the painting or repair of a more extensive area than is necessary for
by City Without Consent of Property Owner.
The City Manager may initiate proceedings to abate nay graffiti
maintained contrary to the provisions of this Ordinance only after the following
Manager has determined that graffiti withing public view exists on particular
premises in the City;
of such condition has been sent to the property owner pursuant to Section5; and
property owner has failed to either remove the graffiti or consent to its
removal by the City within the time period specified in the notice.
7. Hearing Prior to Abatement Notice of Hearing. Prior to the City abating graffiti on private property
without the consent of the owner, a hearing before the city Manager or his or
her designee shall be held, at which time the property owner shall be given an
opportunity to be heard regarding the proposed abatement.
A notice of the time and include more
12. Assessment of Cost.
Upon completion of the work required to abate the graffiti, the cost to
the city to perform such work shall be assessed against the property owner
pursuant to the procedures set forth in the Building
Code as adopted by the City of Calabasas.
13. Parental Responsibility.
Pursuant to Section 1714.0 (b) of the California Civil Code, every parent
or legal guardian having custody or control of a minor who defaces property by
inscribing graffiti thereon shall be jointly and severally liable with such
minor for any resulting damages incurred by the property owner in an amount not
to exceed Ten Thousand Dollars ($10,000) for each such act of defacement.
14. Remedy Cumulative.
The remedies provided in this Ordinance are in addition to other remedies
and penalties available under the City of Calabasas Municipal code and the laws
of the State of California.