ORDINANCE NO. 2601 

AN ORDINANCE OF THE CITY COUNCIL THE CITY OF WHITTIER RESTRICTING ACCESS TO AND POSSESSION OF AEROSOL PAINT CONTAINERS AND/OR MARKER PENS 

THE CITY COUNCIL OF THE CITY OF WHITTER DOES ORDAIN AS FOLLOWS: 

SECTION 1. Sections 9.33.010, 9.33.020, and 9.33.030 are added to the Whittier Municipal Code to read as follows: 

SECTION 9.33.010.  No person shall have in his or her possession nay aerosol spray paint container having any substance commonly known as paint or dye, or maker pens with tips exceeding four millimeters in width, while in any public park, playground, swimming pool, recreational facility or other public building owned or operated by the City of Whittier, or while loitering in or near an underpass, bridge abutment, storm drain, and other similar types of infrastructure not normally used by the public.  This does not apply to authorized employees of an individual or company udner contract with the City which requires the use of such materials. 

SECTION 9.33.020.  No person shall have in his or her possession any aerosol paint container having any substance commonly known as paint or dye while on any school property, grounds, facilities, buildings, or structures, nor in the areas immediately adjacent to these specified locations.  This does not apply to authorized employees of the School, nor authorized employees of an individual or company under contract with the School which requires the use of such materials. 

SECTION 9.33.030.  Every person who owns, conducts, operates, or manages a retail commercial establishment selling aerosol spray paint containers, or marker pens with tips exceeding four millimeter in width, containing anything other than a solution which can be removed with water after it dries, shall store or cause such aerosol spray paint containers or marker pens to be stored in an area viewable by, but not accessible to the public without employee assistance, pending legal sale or disposition of such containers or marker pens. 

SECTION 2. Any provision of the Whittier Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. 

SECTION 3.  Should any provision of this Ordinance be determined to be invalid or unconstitutional all other provisions of this Ordinance shall remain in full force and effect as approved. 

SECTION 4.  The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance.  The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption.  This Ordinance shall become effective 30 days from its adoption. 

           

 ORDINANCE NO. 2593

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WHITTIER ADDING CHAPTER 8.22 TO TITLE 8 OF THE WHITTIER MUNICIPAL CITY CODE, RELATING TO THE ESTABLISHMENT OF GRAFFITI ABATEMENT FEES AND PROCEDURE. 

THE CITY COUNCIL OF THE CITY OF WHITTIER DOES ORDAIN AS FOLLOWS: 

Section 1.  Title 8 of the Whittier Municipal Code is amended by adding Chapter 8.22 relating to the establishment of graffiti abatement fees to read as follows: 

                                    CHAPTER 8.22  GRAFFITI ABATEMENT FEES AND PROCEDURE

 

SECTIONS: 

8.22.10                        FINDING AND PURPOSE

8.22.20                        DECLARED A PUBLIC NUISANCE

8.22.30                        REMOVAL POLICY

8.22.40                        FEE REQUIRED

8.22.50                        PAYMENT OF FEES

8.22.55                        WAIVER OF FEES

8.22.60                        NOTICE TO REMOVE

8.22.70                        FORM AND MANNER OF NOTICE

8.22.80                        APPEAL

8.22.90                        ABATEMENT OF CITY

8.22.100                    ASSESSMENT – LIEN

8.22.110                    APPEAL FROM ASSESSMENT

8.22.120                    COST ASSESSMETN – ENTRY ON THE TAX ROLL

8.22.130                    PROOF OF NOTICE

8.22.140                    REFUND

8.22.150                    APPLICATION

8.22.160                    DEFINITIONS

 

8.22.10                        FINDINGS AND PURPOSE.  The City Council of the City of Whittier finds and declares that: 

A.     The enlistment of business owner’s active resistance to graffiti could be emphasized as a key element in combating graffiti crime. 

B.     In the past, the City of Whittier has provided unlimited, free, graffiti removal services.  While this is a tremendous service to City Businesses, and benefits the overall community in terms of eradicating graffiti, it provides no incentive to businesses to deal directly with the problem and formulate their own ideas, solutions, and defense strategies as to how to avoid being victimized. 

C.     With the current economic crises, and the resulting reduction in number of staff directly assigned to new approaches to reinforcing the program and maintaining and increasing its effectiveness. 

D.     Given the reduction in resources, the perpetual providing of free and unlimited graffiti abatement service, as the City’s only approach to graffiti crime is no longer an effective approach in and of itself.  Other supportive policies must be developed and implemented. 

E.      The purpose of the provisions of this Chapter is to provide an alternative method for graffiti abatement through the establishment of graffiti abatement fees to be applied to businesses within the City of Whitter. 

8.22.20                        DECLARED A PUBLIC NUISANCE 

Any graffiti placed and/or existing upon public or privately owned permanent structures located on public or privately owned real property within the City of Whittier is declared to be indecent and offensive to the sense, thereby constituting a public nuisance.  Such graffiti if not so removed as provided in this Chapter, shall be abated as provided in this chapter. 

8.22.30                        REMOVAL POLICY 

(a)    The City of Whittier shall provide graffiti abatement services to a business within the City of Whittier.  The graffiti shall be removed free of charge provided that requests for the same do not exceed four (4) per property with the same owner. 

(b)   Where a business requires graffiti removal more than four 94) times, the owner of such property may abate said nuisance by independent means or request removal by the City. 

8.22.40                        FEE REQUIRED 

(a)    Where an owner of commercial property requests graffiti removal pursuant to Section 8.22.030 (b) of this Chapter, the owner shall be required to pay a fee for such services. 

(b)   Fees established by this Section shall also apply where City abatement is mandated pursuant to Section 8.22.090 of this Chapter. 

(c)    Fees established herein shall be set periodically by resolution of the City Council.  Such fees shall include but are not limited to labor, procedural and overhead costs. 

8.22.050 PAYMENT OF FEES 

(a)    Fees established pursuant to Section 8.22.040 of this Chapter and set by Resolution of the City Council shall be made in a timely fashion.  Where an owner of commercial property ahs requested graffiti abatement services and fails to make payment for the same, fees shall be assessed against the property as set forth in Section 8.22.100 of this Chapter. 

(b)   Where graffiti abatement has been mandated pursuant to Section 8.22.090 of this chapter, the owner of the affected property may render payment of fees established by Section 8.22.040 in order to avoid subsequent assessment against said property. 

8.22.055 WAIVER OF FEES 

The Director of Public Works shall waive fees at his/her discretion, if he/she determines that the owner of the property/business is taking and continues to take actions that prevent graffiti on his/her property. 

8.22.060 NOTICE TO REMOVE 

Whenever a graffiti incident is reported to the City and the affected business has already received the graffiti abatement services as provided by Section 8.22.030 and the owner does not abate said nuisance by independent means or request removal by the City, notice to remove such graffiti shall be given pursuant to Section 8.22.070 of this Chapter. 

8.22.070 FORM AND MANNER OF NOTICE 

Notice shall be given by posting in a conspicuous place upon or in front of the affected property.  The notice shall be headed “NOTICE TO CLEAN PREMISES” in letters not less than one inch in height and, in legible characters shall direct the removal of the graffiti, and refer to this Chapter for further particulars.  The notice shall be in substantially the following form. 

NOTICE TO CLEAN PREMISES. 

NOTICE IS HEREBY GIVEN THAT UNDER THE PROVISION OF CHAPTER 8.22 OF THE WHITTIER MUNICIPAL CODE.  GRAFFITI IS EXISTING UPON THE FOLLOWING DESCRIBED PROPERTY:  (GIVEN ADDESS) AND THAT IT CONSTITUTES A PUBLIC NUISANCE WHICH MUST BE ABATED.  IF REMOVAL OF THE GRAFFITI IS NOT MADE WITHIN THREE (3) DAYS FROM THE DATE OF THIS NOTICE, THE SAME SHALL BE REMOVED BY THE CITY, AND THE COST OF THE REMOVAL ASSESSED UPON THE PROPERTY FROM WHICH THE GRAFFITI IS REMOVED AND THE ASSESSED COST WILL CONSTITUTE A LIEN UPON SUCH LAND UNTIL PAID.  ALL PERSONS HAVING ANY OBJECTION TO THE PROPOSED REQUIRED REMOVAL MAY APPEAL TO THE CITY COUNCIL, IN WRITING, WITHIN THREE (3) DAYS FROM THE DATE OF THIS NOTICE. 

                                                                                    _______________________

                                                                                    DIRECTOR OF PUBLIC WORKS

                                                                                    CITY OF WHITTIER

 

8.22.080 APPEAL 

Within three (3) days from the date of the notice, the owner or any other person interested in the property, land or lots affected by said notice may appeal to the City Manager.  The City Manager shall hear and pass upon the appeal, and the decision of the City Manager thereon shall be final and conclusive. 

8.22.090 ABATEMENT BY CITY 

(a)    If within three (3) days from the date of notice, the graffiti has not been removed from the premises in question as directed by the notice or by the City Manager on appeal, the Director of Public Works shall cause the same to be removed and may enter upon private property for the purpose of so doing. 

(b)   If an appeal has been made to the City Manager within three (3) days from the date of the notice and if, upon appeal the requirements of the original notice have been reversed, the city shall be responsible for any costs incurred, as a result of action taken pursuant to Section 8.22.090(a) of this Chapter. 

8.22.100 ASSESSMENT – LIEN 

The Director of Public Works shall keep or cause to be kept in his office a permanent record showing the legal description, as shown on the last equalized assessment role of the County of Los Angeles, of each piece of property from which graffiti has been removed at City expense under the provisions of this Chapter.  The record book shall show any and all expenses incurred by the City in the removal of the ownership.  Said expenses are to be based on the fee established by Section 8.22.040 of this Chapter.  

8.22.110 APPEAL FROM ASSESSMENT 

Between the first and the fifteenth day of July of each year, the Director of Public Works shall cause to be published in the official newspaper of the City a notice that any person affected or aggrieved by any act or determination of the Director of Public Works or of the City Manager in connection with the provisions of this Chapter may appeal to the city Council.  An appeal shall e in writing and shall be filed with the City Clerk prior to the fifteenth day of July.  At the next regular meeting of the City Council after the fifteenth day of July, or from time to time thereafter as may be determined by the Council, the Council shall hear and pass upon each appeal, and the determination by the council thereupon shall be final and conclusive.  In the event any determination of the Director of Public Works is modified by determination of the City Council or any assessment changed or corrected, the Director of Public Works shall cause the correction to be made upon other record showing the assessment. 

8.22.120 COST ASSESSMENT – ENTRY ON THE TAX ROLL

At the expiration of the time for appeal, or upon the determination by the City Council of all appeals so filed, and in compliance with the requirements of any determination so made, the Director of Public Works shall deliver to the City Clerk an abstract of the entries of the permanent record in which the Director  has shown each assessment for the preceding fiscal year.  The abstract shall show the property affected and the amount charged against such property.  The City Clerk, prior to August 10th of each year, shall deliver to the County Auditor of the County of Los Angeles the amount of each such charge to be placed upon the assessment roll against the respective lots, and thereafter the charges shall be of the same character and effect, subject to the same penalties, and shall be collected in the same manner and at the same time as City taxes.  The provisions of this Section shall not apply to any piece of property or land or lot if the charge against it ahs been paid prior to the delivery to the City Clerk of the abstract.  In that event, an appropriate entry shall be made in the record book by the Director of Public Works showing that the charge had been paid. 

8.22.130 PROOF OF NOTICE 

Proof of the posting, serving in person or mailing of any notice, order or determination provided for in this Chapter shall be by affidavit shall specify the time when the duty was performed.  It shall be the duty of the Director of Public Works to keep such affidavits among the official records in his office. 

8.22.140 REFUND 

Any assessment or any portion of an assessment levied pursuant to the provisions of this Chapter which, either before or after the effective date of the Ordinance codified in this Chapter, has been paid more than once, erroneously or illegally collected, paid in excess of the amount chargeable, or was not chargeable to the person or property paying the same under the provisions of this Chapter, by reason of a clerical error of the employees or officials to the City, may be refunded by order of the City Council in the same manner, to the same extent and under the same conditions as, at or after the effective date of the Ordinance codified in this Chapter, are provided by the City for refund of payments of general taxes, at any time after the abstract of charges taken from the record book of the Director of Public Works has been delivered to the County Assessor and entered upon the assessment books.  The owner of any property assessed who may claim that the assessment is void in whole or in part may pay the same under protest.  The protest shall be in writing, shall be received by the City Clerk on or before March 1st after the tax becomes due and payable, and shall specify whether the whole or any part of the assessment is void and the grounds upon which such claim is founded.  An owner, after making payment under protest, may recover the same in the manner and under the conditions provided in Section 39585 of the Government Code of the State of California. 

8.22.150 APPLICATION 

The provisions of this Chapter shall apply only to owners of commercial property within the City of Whittier. 

8.22.160 DEFINTIONS 

Graffiti shall be as defined in Section 53069.3 of the California Government Code. 

Section 2. Any provisions of the Whittier Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. 

Section 3.  Should any provision of this Ordinance be determined to be invalid or unconstitutional all other provisions of this Ordinance shall remain in full force and effect as approved. 

Section 4.  The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance.  The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption.  This Ordinance shall become effective thirty (30) days from its adoption