ARTICLE IV

PUBLIC PEACE 

CHAPTER XI

GRAFFITI PREVENTION AND REMOVAL 

PART 1. GENERAL PROVISIONS 

41100. Short Title.  This Chapter shall be known and may be cited as the “Graffiti Prevention and Removal Ordinance. “ (Ord. #318, 1) 

41101. Definitions.  For the purposes of this Chapter: 

a.       Graffiti shall mean any writing, printing, symbol, figure, design or other inscribed material written, sprayed, scratched, etched, engraved, or otherwise applied to any exterior surface of a building, wall, fence, tree, sidewalk, curb or other structure without the prior consent of the owner or person in possession thereof. 

b.      Hearing Officer shall mean the Landscape and Building Manager or his or her successor or such City employee or officer as shall be designated by the Landscape and Building Manager or his or her successor. 

c.       Manager shall mean the Landscape and Building Manager for the City of West Hollywood or his or her designee. 

41102.  Graffiti Constitutes a Nuisance.  Pursuant to California Government Code Section 38771 the City Council hereby declares the maintenance of graffiti visible from a public street or alley to constitutes a nuisance, the abatement of which shall be provided as set forth herein. (Ord. #318, 1) 

41103.  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. (Ord. #318, 1) 

PART 3.  SUMMARY ABATEMENT OF GRAFFITI ON PRIVATE PROPERTY BY CITY WITHOUT CONSENT OF PROPERTY OWNER 

41110.  Initiation of Abatement Proceedings.  The manager may initiate proceedings to abate any graffiti maintained contrary to the provisions of this Chapter only after the following has occurred: 

a.       The Manager has determined that graffiti within public view exists on particular premises in the City; 

b.      A notice of such condition has been sent to the property owner pursuant to Section 41106; and 

c.       The 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. (Ord. #318, 1) 

41111.  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 Manager 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 place of the hearing before the manager shall be sent to the property owner not less than ten (10) days prior to the hearing. (Ord. #318, 1) 

41112. Posting and Serving Notice of  Hearing 

a.       The Manager shall cause to be served upon the owner as shown on the latest equalized tax assessment roll of the affected premises a copy of said notice and shall cause a copy thereof to be conspicuously posted on the affected premises. 

b.      Said notice shall be posted and served, as aforesaid, at least ten (10) days before the time fixed for such hearing; proof of posting and service of such notice shall be made by declaration under penalty or perjury filed with the hearing officer. 

c.       The failure of any person to receive the notice shall not affect the validity of any proceedings under this Chapter. (Ord. #318, 1) 

41121.  Prohibition of Possession of an Aerosol Paint Can in a Public Facility.  The City Manager or his designee is hereby authorized to post a notice at appropriate locations indicating that pursuant to California Penal Code Section 594.1 no person shall carry any aerosol can of paint into or upon any City-owned building, grounds, park or other City facility without the permission of an authorized City officer .  

41122 – 41124.  Reserved. 

PART 5.  PARENTAL LIABILITIES. 

41125.  Parental Responsibility. Pursuant to Section 1714.1 (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 ($10,000.00) dollars for each such act of defacement. 

41126. Remedy Cumulative.  The remedies provided in this Chapter are in addition to other remedies and penalties available under the West Hollywood Municipal Code and the laws of the State of California.