ORDINANCE NO. 1769 

AN ORDINANCE OF THE CITY OF MANHATTAN BEACH,

CALIFORNIA, AUTHORIZING THE  USE OF CITYY FUNDS TO

REMOVE GRAFFITI FROM PUBLIC OR PRIVATLEY OWNED

PERMANENT STRUCTURES PURSUAN TO SECTION 53069.3

OF THE GOVERNMNET CODE. 

WHEREAS,  the City of Manhattan Beach desires to establish a City-wide Graffiti Removal Program to include both public and privately owned property; and

WHEREAS, the existence of graffiti upon public and privately owned structures within the City of Manhattan Beach constitutes an obnoxious nuisance;

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MANHATTAN BEACH, CALIFORNIA, DOES ORDAIN AS FOLLOWS: 

SECTION 1. That the City may appropriate money from the general fund to use to remove graffiti or other inscribed material from public or privately owned permanent structures located on public or privately owned real property within the City. 

SECTION 2.  That such removal will be performed only after the Director of Public Services makes a finding that the graffiti or other inscribed material is obnoxious, and, in the case of a publicly owned structure, only after securing the consent of the public entity having jurisdiction over the structure, and in the case of privately owned structure, only after securing the consent of the owner or the authorized agent of the owner. 

SECTION3.  That this ordinance authorizes only the removal of graffiti or other inscribed material itself, and not the painting or repair of a more extensive area. 

SECTION 4.  This ordinance shall go into effect and be in full force and operation from and after thirty days after its final passage and adoption. 

SECTION 5.  The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinance of said City; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passes and adopted;  and shall within fifteen days after the passage and adoption thereof cause the same to be published once in the Beach Reporter, a weekly newspaper of general circulation, published and circulated within said City of Manhattan Beach and which is hereby designated for that purpose. 

53069.3  Use of public funds to remove graffiti from public or privately owned structures 

A city or county may enact an ordinance to provide for the use of city or county funds to remove graffiti or other inscribed material from public or privately owned permanent structures located on public or privately owned real property within such city or county.

Such removal may be performed only after a finding by the City or county that the graffiti or other inscribed material is obnoxious, and, in the case of a publicly owned structure, only after securing the consent of the public entity having jurisdiction over the structure, and in the case of a privately owned structure, only after securing the consent of the owner.