Graffiti Prevention and Removal                                                                                         § 5 417

  An order of abatement, if a nuisance is determined to exist, directed to the owner of the affected property or the person in the control and/or charge of the property, and shall set forth the nature of the graffiti, its location on the premises and the time and manner for its abatement. The Director may impose such conditions as are reasonably necessary to abate the graffiti. The decision of the Director may be appealed to the City Council by the filing of a written request for appeal with the City Clerk within ten (10) days after the Director's notice of the decision to the owner. (Ord. #90.913. §1)  

5414. Abatement. If the Director's decision is not appealed and the nuisance is not abated within the time set by the order of abatement, the Director is authorized to enter upon the premises and to abate the graffiti nuisance with City equipment and City personnel. The Director shall then prepare a statement of the fact of such abatement and of the expense incurred in abatement and shall file the statement with the City Clerk. Such statement shall identify the premises and state the cost of the action taken. If the premises include more than one lot, each separate lot, or all of the lots may be set forth in the same statement. (Ord. #90.913, § 1)  

5415. 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 Sections 5329 through 5333 of this Code. (Ord. #90‑913, § 1)  

Part 4. Graffiti Prevention  

5416. Sale of Paint in Aerosol Cans  When Prohibited. No person shall sell, give or in any way furnish six (6) ounces or less of an aerosol container of paint to another person who is under the age of eighteen (18) years. This Section shall not apply to the furnishing of six (6) ounces or less of an aerosol container of paint to a minor for the minor's use or possession under the supervision of a minor's parent, guardian, instructor or employer. (Ord. # 90.13 , § 1)  

5417. Prohibition of Possession of an Aerosol Paint .an in a Public  

Facility. The City Administrator 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  

533

§ 5418                                             Carson Municipal Code

 

upon any City‑owned building, grounds, park or other City facility without the permission of an authorized City officer. (Ord. #90-913, §1)

 

Part 5. Parental Liabilities  

5418. 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. (Ord. #90‑913, §1)  

5419. Remedy Cumulative. The remedies provided in this Chapter are in addition to other remedies and penalties available under the Carson Municipal Code and the laws of the State of California. (Ord. #90‑913, §1)  

5420. Reward Fund.  

(a)                  Pursuant to California Government Code Section 53069.5, the City Council on April 3, 1989 approved the establishment of a reward fund for the purpose of encouraging persons having information regarding the identity or whereabouts of any person or persons whose willful misconduct resulted in damage to property by reason of inscribing thereon graffiti as defined in Section 5401 of this Code, to provide such information to the appropriate law enforcement authorities.  

(b)                  By Resolution 90‑094, the City Council established the "Graffiti

                      Reporting Reward Fund" (hereinafter "the Reward Fund"). The

                      Reward Fund is maintained in the City Treasury. The amount of

                      the Reward Fund shall be maintained at ten thousand

                      ($10,000.00) dollars. The maximum reward that may be paid out

                      of the Reward Fund is one thousand ($1,000.00) dollars per per­

                      son per incident reported. All contributions to the City by the

                      public for the Reward Fund shall be deposited in the Reward Fund

                      by the City Treasurer.

 

 

5421. Criteria to Qualify for Reward.  

(a) Persons who desire to receive a payment from the Reward Fund shall:  

(1) Submit written oral, physical or other evidence regarding the circumstances surrounding damage to property by reason of graffiti inscribed thereon to the Los Angeles County Sheriffs Department, the City's Public Safety Department, or to any other law enforcement agency; and  

(2) Cooperate with the Sheriffs Department, the City Department of Public Safety and with any prosecuting attorneys during the investigation, trial preparation and trial phases of the criminal justice process involving persons suspected of causing the damage.  

b ) Persons who satisfy the criteria listed in subsection (a) of this Section shall be considered for receipt of up to a one thousand ($1,000.00) dollars reward upon the arrest and conviction of the person or persons charged with damage to property by inscribing graffiti thereon.

(Ord. #92‑993, § 1)  

5422. Persons ineligible to Receive Reward. Law enforcement personnel and any Federal, State or City of Carson employee discovering the identity or whereabouts of a person or persons arrested for causing the damage during the scope and course of his or her employment shall not be eligible to receive a reward under this Part. Any person charged with causing, or complicity in, the damage shall not be eligible to receive the reward. (Ord. #92‑993, §1)  

5423. Procedures for Payment of Reward.  

(a) The City Administrator shall request that the Sheriffs Department furnish the City with a report of each conviction for damage to property in the City of Carson by inscribing graffiti thereon. The report shall list the names of persons providing information to the Sheriffs Department or other law enforcement agency that assisted in obtaining the arrest or conviction of the person or persons causing the damage. Such report shall set forth the relative importance of the information submitted by each person, if there is more than one, and shall include a recommended pro rata distribution of the maximum one thousand ($1,000.00) dollars reward to persons who submit information leading to the conviction. The report shall be reviewed and approved by the detective and attorney prosecuting the case. The City Administrator shall request that such report be submitted to the City within thirty (30) days of the conviction. If more than one person is standing trial for causing the damage, the report shall not be forwarded until the last person charged is either convicted or acquitted.  

(b)                  Upon receipt of the report referred to in subsection (a) of this

                       Section and any public comment, the City Council shall consider

                       arid approve or disapprove the disbursement of up to a one thou­

                       sand ($1,000.00) dollars reward payment from the Fund per per­

                       son and per incident. No money shall be paid out of such account

                       without the approval of the City Council.

 

 

ORDINANCE NO. 90.913

 

AN ORDINANCE OF THE CITY OF CARSON RELATING TO GRAFFITI PREVENTION AND REMOVAL AND AMENDING THE CARSON MUNICIPAL CODE

 

THE CITY COUNCIL OF THE CITY OF CARSON HEREBY ORDAINS AS FOLLOWS:

 

Section 1.  Chapter 4 of Article V of the Carson Municipal Code is hereby amended to read as follows:

 

Chapter 4  Graffiti prevention and removal 

Part 1.  General Provisions 

5400.     Short Title.  This Chapter shall be known and may be cited as the Graffiti Prevention and Removal Ordinance.

5401.     Definitions.  For the purposes of this Chapter:

(a)     “Director” shall mean the Director of Parks and Recreation for the City of Carson or his or her designee.

(b)     “Graffiti” shall mean any writing, printing, symbol, figure, design or other inscribed material written, sprayed, painted, 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 there of.

(c)     “Hearing officer” shall mean the Director of Parks and Recreation or his or her successor or such city employee or officer as shall be designated by the Director of Parks and Recreation or his or her successor.

54.02.     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 constitute a nuisance, the abatement of which shall be provided as set forth herein.

54.03.     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.

54.04.     Penalties.  Violation of this Chapter shall constitute a misdemeanor punishable by a fine or not more than $1,000, or by imprisonment in the County jail for a period not exceeding six months, or by both such fine and imprisonment. 

Part 2.  Removal of Graffiti from Public and Private Property with Consent of Property Owner. 

5405.     Removal from public Property.  The Director is hereby authorized to remove graffiti from any property or structure owned by the City of arson, and pursuant to California Government Code Section 53069.3 is authorized to remove graffiti from any other publicly owned structure after securing the consent of the public entity having jurisdiction over the structure.

5406.     Notice to owners or Possessors of Private Property.  Whenever the Director determines that graffiti is being maintained upon any premises within the city in violation of Section 5403 of this Chapter, the Director 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 show non 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 fifteen (15) days from the date the notice was mailed.  The notice and order shall also state that if the property owner or possessor desires to remove the graffiti or to cause it to be of paint and paint rollers for the removal of the graffiti, as provided in Section 5407.

5407.     Abatement of Graffiti by property owner using City issued paint and paint rollers. 

(A)   Application for paint and paint rollers. The Director shall establish procedures for the issuance of paint and paint rollers to persons for the removal of graffiti from applying for such paint and rollers to sign a form stating: (1)  that the applicant is the owner or in possession of the private property from which graffiti is to be removed; (2) the address or other location thereof; (3) that such person shall utilize such paint and rollers to remove graffiti from the property so identified within three (3) weeks after the date of receipt of the paint and rollers; and (4) that the person receiving such paint and rollers will pay the cost thereof to the City unless the graffiti for the removal of which such paint and rollers are issued shall have been removed within said three (3) weeks.

(B)    Issuance of paint and rollers.  Upon receipt and verification of a complete application for paint and rollers for removal of graffiti, the Director shall issue an amount of paint that in the discretion of the Director is necessary to cover the graffiti on the property.  The paint shall be issued for the removal of the graffiti only and not for the paining or repair of a more extensive area.  Said form shall be dated and signed by an employee of the Department of Parks and Recreation when such paint and rollers are issued.  Successive issues of paint may be made if graffiti should reappear following removal at any such location. 

5408.     Removal of Graffiti from Private Property by City Crews.  Upon receipt of the property owner’s written consent or the written consent of a person authorized by the owner to give consent, the Director is hereby authorized to remove graffiti from privately owned property through the utilization of the City’s labor, equipment and materials.  The Director is authorized to provide for the abatement of graffiti only, and is not authorized to provide for the painting or repair of a more extensive area. 

Part 3.  Summary Abatement of Graffiti on Private Property by City without consent of Property Owner 

5409.     Initiation of Abatement Proceedings.  The Director may initiate proceedings to abate any graffiti maintained contrary to the provisions of this Chapter only after the following has occurred: 

(a)     The Director 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 5405; and

(c)     The property owner has failed to either remove the graffiti or consent to its remvoal by the City within the time period specified in the notice. 

5410.     Hearing prior to abatement Peior to the City abating graffiti on private property without the consent of the owner, a hearing before the Director 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 Director shall be sent to the property owner not less than ten (10) days prior to the hearing.

5411.     Posting and serving notice of hearing.

(a)     The Director shall cause to be served upon the owner as shown on the lates 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 of 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. 

5412.     Conduct of Hearing.  The hearing to determine whether a nuisance exists shall be conducted by the Director or his duly authorized representative as the hearing officer.  At the hearing, the Director shall consider all relevant evidence, including but  not limited to applicable staff reports.  Any heard in conjunction therewith.  Based upon the evidence so presented, the Director shall determine whether a nuisance within the meaning of this Chapter exists.

5413.     Order of abatement.  The Director or his designee (within ten (10) working days of the hearing) shall give written notice of his decision to the owner and to any other person requesting the same.  The notice shall contain an order of abatement, if a nuisance is determined to exist, directed to the owner of the affected property or the person in the control and/or charge of the property, and shall set forth the nature of the graffiti, its location on the premises and the time and manner for its abatement.  The Director may impose such conditions as are reasonably necessary to abate the graffiti.  The decision of the Director may be appealed to the City Council by the filing of a written request for appeal with the City Clerk within ten (10) days after the Director’s notice of the decision to the owner.

 

5414.     Abatement.  If the Director’s decision is not appealed and the nuisance is not abated within the time set by the order of abatement, the Director is authorized to enter upon the premises and to a bate the graffiti nuisance with city equipment and city personnel.  The Director shall then prepare a statement of the fact of such abatement and of the expense incurred in abatement and shall file the statement with the City Clerk.  Such statement shall identify the premises and state the cost of the action taken.  If the premises include more than one lot, each separate lot, or all of the lots may be set forth in the same statement.

 

5415.     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 Section 5329 through 5333 of this Code. 

Part 4.  Graffiti Prevention 

5416.     Sale of Paint in Aerosol Cans – When Prohibited.  No person shall sell, give or in any way furnish six (6) ounces or less of an aerosol container of paint to another person who is under the age of eighteen years.  This subdivision shall not apply to the furnishing of six (6) ounces or less of an aerosol container of paint to a minor for the minor’s use of possession under the supervision of a minor’s parent, guardian, instructor or employer.

5417.     Prohibition of Possession of an Aerosol Paint Can in a Public Facility.  The City Administrator 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. 

Part 5.  Parental Liabilities 

5418.     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 Dollars ($10,000) for each such act of defacement.

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