9.30.020 Definitions

 

Whenever the following terms are used in this Chapter, they shall have the meaning established by this section:

 

A.     “Graffiti” means the unauthorized spraying of paint or marking of ink, chalk, dye or other similar substances on public and private buildings, structures and places.

 

B.     “Graffiti abatement procedure” means an abatement procedure which identifies graffiti, issues notice to the landowner to abate the graffiti, and cures in absence of response.

 

C.     “Private contractor” means any person with whom the city shall have duly contracted to remove graffiti.

 

9.30.030 Graffiti prohibited.

 

No person shall place graffiti or other writing upon any public or privately owned permanent structure located on publicly or privately owned real property within the City of Corona.

No person owning or otherwise in control of any real property within the City shall permit or allow any graffiti to be placed upon or remain on any permanent structure located on such property when the graffiti is visible from the street or other public or private property.

 

9.30.070 Removal by city.

 

Upon failure of persons to comply with the notice by the designated date, or such continued date thereafter as the Director of Public Works or his/her designated representative approves, then the director is authorized and directed to cause the graffiti to be abated by city forces or private contract, and the city or its private contractor is expressly authorized to enter upon the premises for such purposes.  All reasonable efforts to minimize damage from such entry shall be taken by the city and any paint used to obliterate graffiti shall be as close as practicable to background color(s).

 

9.30.080 Private property consent forms.

 

Property owners in the City of Corona may consent in advance to city entry onto private property for graffiti removal purposes.  The City will make forms for such consent available.

 

9.30.090 Public property.

 

Where a structure is owned by a public entity other than the city, the removal of the graffiti may be authorized only after securing the consent of an authorized representative of the public entity having jurisdiction over the structure.

 

9.30.100 Record of cost for abatement.

 

The director of public works shall keep an account of costs (including incidental expenses) of abating such nuisance on each separate parcel of land where the work is done and shall render an itemized report in writing to the city council showing the cost of abatement; provided, that before the report is submitted to the council, a copy shall be served in accordance with the provisions of Section 9.30.050, together with a notice of time when the report shall be heard by the council for confirmation.

 

B. The term “incidental expenses” shall include, but not be limited to, the actual expenses and costs of the City in the preparation of notices, specifications and contracts and in inspecting the work, and the costs of printing and mailing required hereunder.

 

9.30.110 Report – Hearing and proceedings.

 

At the time and placed fixed for receiving and considering the report, the city council shall hear and pass upon the report of such costs of abatement, together with any objections or protests.  Thereupon, the city council may make such revision, correction or modification in the report as it may deem just, after which, by motion, the report as submitted or as revised, corrected or modified shall be confirmed.  The decision of the city council on all protests and objections which may be made shall be final and conclusive.

 

9.30.120 Assessment of costs against property

 

The total cost for abating such nuisance, not to exceed those limits set forth in Section 9.30.130 as confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the Riverside County Recorder of a notice of lien, as so made and confirmed, shall constitute a lien on the property for the amount of such assessment.

 

PUBLIC PEACH, MORALS AND WELFARE

 

Chapter 9.31

 

GRAFFITI PREVENTION

 

Sections:

9.31.10                        Purpose and intent

9.31.20                        Definitions – Generally

9.31.30                        Graffiti – Unlawful to apply

9.31.40                        Implement possession – Minors

9.31.50                        Implement possession – Designated public places

9.31.60                        Furnishing to minors – Prohibited

9.31.70                        Aerosol paint sales – Display regulations

9.31.80                        Graffiti reward system

9.31.90                        Car phone air time – Reimbursement

9.31.100                    Sales tax adoption – Effective date

9.31.110                    Land use entitlements – Conditions

9.31.120                    Encroachment permits – Conditions

9.31.130                    Graffiti prone surfaces – Retrofitting

9.31.140                    Violation – Penalties

9.31.150                    Severability

 

9.31.10                        Purpose and intent

 

It is the purpose and intent of the city council of the City of Corona, through the adoption of this public and private property and prosecute offenders to the maximum extent allowed by law.

 

9.31.20                        Definitions – Generally

Whenever the following terms are used in this chapter, they shall mean the following:

A.     “Aerosol paint container” means any aerosol container adopted, constructed or intended for the purpose of spraying paint or other substances capable of defacing property.

B.     “City Manager” means the city manager or his or her designee.

C.     “Felt tip marker” means any marker or similar implement with a tip measured at its broadest width greater than one-sixteenth (1/16) of an inch containing ink or other pigmented liquid.

D.     “Graffiti” means any unauthorized inscription, work, figure, symbol or design that is marked, etched, scratched, drawn, or painted on any surface.

E.      “Graffiti implement” means an aerosol paint container, a felt tip marker, paint stick, gum label or etching tool capable of defacing a surface.

F.      “Gum label” means any sheet of paper, fabric, plastic or other substance with an adhesive backing capable of adhering to a surface.

G.     “Loitering” means remaining in an area for a prolonged period of time without apparent reason or business when the circumstances are such that a reasonable person would conclude that the purpose of the indivudual’s presence is to deface property.

H.     “Paint stick” or “graffiti stick” means a device containing a solid form of paint, chalk, wax, expoxy or similar substance capable of creating a mark of at least one-sixteenth (1/16) of an inch in width upon a surface.

I.        “Person” means an individual or firm, partnership, corporation or similar organization

 

PUBLIC PEACE, MORALS AND WELFARE

 

9.31.090 Car phone air time – Reimbursement.

The city may reimburse to any person reporting by means of a mobile or cellular phone an act of graffiti or the existence of graffiti within the city limits in the amount of the direct phone charge exclusive of taxes.

 

9.31.100 Sales tax adoption – Effective date.

 

A.     Pursuant to California Revenue and Taxation Code Section 7287 et seq. a tax is hereby levied on the privilege of selling at retail within the city any aerosol paint containers, felt tip markers or similar implements at the rate of ten cents ($0.10) per aerosol paint container and five cents ($0.5) per felt tip marker or other graffiti implement.

B.     The tax shall become effective ten days after the date of the approval of two-thirds of the local electorate.

C.     Prior to the effective date of the tax, the city manager shall contract with the State Board of Equalization to perform all functions incident to the administration of the tax pursuant to California Revenue and Taxation Code Section 7287.2.

D.     The tax shall be repealed five years from its effective date.

 

9.31.110 land use entitlements – Conditions

 

In approving subdivision maps, conditional use permits, varances, or other land use entitlements, the city may impose any or all of the following conditions for the purpose of controlling graffiti:

A.     Use of anti-graffiti materials on surfaces exposed to public view acceptable to the city manager and kept on file at the department of community development;

B.     Use of landscaping to screen or provide a barrier to surfaces prone to graffiti

C.     Right of access by city to remove graffiti

D.     Applicant or permittee supply city with graffiti removal material on demand such as matching paint.

E.      Applicant or permittee shall immediately remove any graffiti

 

9.31.120 Encroachment permits – Conditions.

 

All encroachment permits issued by the city may, among other things, be conditioned on the following:

A.     Use of anti-graffiti materials on surfaces exposed to public view acceptable to the city manager and kept on file at the department of community development;

B.     Use of landscaping to screen or provide a barrier to encroaching object;

C.     The immediate removal by the permittee of any graffiti

D.     The right of the city to remove graffiti or to paint the encroaching object to conceal graffiti;

E.      Applicant shall provide the city with sufficient matching paint on demand for use in painting the encroaching object to conceal graffiti for the duration of the permit.

 

9.31.10 Graffiti prone surfaces – Retrofitting

 

Any owner of an object located upon a parcel of land including but not limited to a sign, structure, building, wall, or part thereof, viewable to the public which has been defaced with graffiti more than three times in six months, shall permit the city to enter upon his or her land for the purpose of retrofitting such surface with an anti-graffiti coating at the property owner’s expense to permit more efficient or convenient removal of graffiti.