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Home My WebLink About1994-06-28 - AGENDA REPORTS - GRAFFITI REMOVAL INFOAGENDA REPORT CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: BACKGROUND: June 28, 1994 Item to be presented by:—v— Jeff Kolin DeDutv QtvMana er 7qV I GRAFFITI REMOVAL INFORMATION RELATED TO ORDINANCE 93-15 Public Works At their October 12, 1993 meeting, the City Council adopted Ordinance No. 93-15, requiring property owners to take corrective action in response to graffiti placed upon their private or personal property within seven (7) working days following receipt of written notification by the City. In addition, this ordinance requires such corrective action to be accomplished in a manner whereby the appearance of the affected area blends with the surrounding property. At that time, the City Council indicated concerns regarding the length of time specified for corrective action to occur, and asked staff to return at a later date and provide them with a report as to the effectiveness of this ordinance. Within the last six months, pursuant to the provisions of Ordinance 93-15, the City's Code Enforcement Division has processed approximately fifty (50) requests for graffiti abatement. In a majority of those instances, inspections of the properties were conducted within twenty- four (24) hours of receipt of the request, with the remaining instances addressed within forty- eight (48) hours. In staffs opinion, Ordinance 93-15 has proven to be an extremely effective method towards supplementing the outstanding efforts of our graffiti abatement volunteers. The City's Code Enforcement Division reports that on average, corrective action has occurred within seven working days following notification of the property owner. In a relatively few number of cases, it has been necessary for the City to take corrective action beyond the initial notification. However, in each instance compliance has been obtained in a period only slightly beyond the allowable time limit. P ;.. "" Ron— 7 Graffiti Related Information Related to Ordinance 93-15 Page 2 June 28, 1994 Based upon this information, input from our Pride Committee graffiti abatement volunteers, and a significant decrease in the number of graffiti vandalism related incidents, it is staff s recommendation that the City maintain the present abatement period of seven (7) working days. In staff's opinion, the existing time limit appears to be achieving the desired results, while maintaining a feasible time frame for both City Enforcement staff and property owners to respond. RECOMMENDATION That City Council receive and file. ATTACHMENT Ordinance 93-15 JKckmt 9315agen ORDINANCE NO. 93-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARffA, CALIFORNIA, AMENDING SECTION 11 6ft.030 AND ADDING SECTIONS 11.68.031 TO Ti bb-O 'TO THE MUNICIPAL CODE RELATING TO GRAFFITI THE CITY COUNCII. OF THE CITY 01:' SALOTA CLARITA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 11.68.030 of the a;t,a Carita Municipal Code is hereby amended to read as follows: "11.68.030 Abatement. If the City determines that graffiti exists on any public or private structure or the owner of the structure or the public entity having jurisdiction over the structure refuses to consent to the removal of the graffiti by the City at the City's discretion, the City may declare the existence of the graffiti on the structure a public nuisance and proceed to notice and abate said nuisance in accordance with Sections 11.68.032 and 11.68.033 and charge all costs in connection with the nuisance abatement proceedings to the owner or public entity." SECTION 2. Section 11.68.031 is hereby added to the Santa Clarita Municipal Code as follows: "11.68.031. Declaration of Graffitias a Public Nuisance. 'The CityCouncil of the City of Santa Clarita hereby finds and declares that graffiti on public or private properties within the public view is obnoxious and constitutes a public nuisance. "Graffiti within the public view" shall include, but not be limited to, the maintenance of graffiti on any private or public property so as to be visible by a person utilizing any public right-of- way, highway, street, parkway, sidewalk or alley, which creates a condition tending to reduce the value of property, to promote blight, criminal activity and to be injurious to the pubic health, safety, and general welfare." SECTION 3. Section 11.68.032 is hereby added to the Santa Clarity Municipal Code to read as follows: "11.68.032. Abatement. A. A property owner shall remove graffiti from the property within seven () working days after receipt of written notification by the property owner from the City to remove such graffiti. Failure to remove the graffiti shall result in the City taking appropriate corrective action against the property owner for violation of State vandalism laws and/or for the abatement of the graffiti nuisance, and/or other remedies provided by law. At the discretion of the City, the City may offer to remove the graffiti from the property upon obtaining the owner's written consent. At the discretion of the City, the cost of City removal may be borne by the City or charged to the property owner and collected in a manner consistent with Section 11.68.033(C). B. Within seven (7) working days from the date of notice, the owner or any other person interested in the property, land or lots affected by said notice may appeal to the City Manager or designee. The City Manager or designee shall provide written notice to the appellant of the date, time and place of the hearing which shall be served in the same manner. as summons in a civil action in accordance with the Code of Civil Procedure. The City Manager or designee shall consider all facts, evidence and testimony deemed pertinent at the hearing. The technical rules of evidence shall not apply. The City Manager or designee shall decide whether graffiti constitutes a nuisance which shall be ordered removed from the property subject to abatement and cost recovery procedures. Within seven () working days of the City Manager's or designee's determination, the owner or any other person interested in the property may file a written appeal to the City Council and pay any applicable filing fees." SECTION 4. Section 11.68.033 is hereby added to the Santa Clarity Municipal Code to read as follows: .: . A. Abatement shall be to completely remove the graffiti by washing, sandblasting, chemically treating, or otherwise obscuring the graffiti with approved materials such as to blend with the surrounding property. B. If the graffiti has not been removed from the premises in question as directed by the notice or by the City Manager/designee, or City Council where applicable, authorized City representatives shall cause the same to be removed and may obtain legal authority to enter upon the property for the purpose of so doing. This section shall also apply where the owner appeals and fails to comply with the order within the time limit imposed by the City Manager/designee or City Council. C. The owner of the affected property may render payment of the costs incurred by the City to remove the graffiti in order to avoid subsequent assessment against said property. The City Council may establish by resolution a cost schedule for the City's removal of graffiti from property under this section. Costs shall include but are not limited to labor, materials, legal and administrative expenses associated with the removal of the graffiti. If the costs are not paid, an assessment shall be imposed upon the property and collected in the same manner as City taxes in accordance with Government Code Section 38773.5. The City Manager/designee may waive any costs at his/her discretion, if he/she determines that the owner of the property is taking and will continue to take actions that prevent graffiti on the property." SECTION 5. The City Clerk shall certify the passage of this ordnance and shall cause the same to be published as required by law. PASSED AND APPROVED this 12th day of October 1993. OR ATTEST: 7 CZTY CLERK ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA I, Donna M. Grindey, , City Clerk of the hereby certify that the foregoing Ordinance No. 93-15 was regularl} upon its first reading at a regular meeting of the City Council on thi September , 1993. That thereafter, said Ordin and passed at a regular meeting of the City Council on the 12th October , 1993, by the following vote: • • I 191 1' 91• :1 • Al IM51031MI, • 1 • 1 I:1 1' Igmm \agendas\ord93.15 City of Santa Clarita, do introduced and placed 28th day of nice was duly adopted day of Boyer, Darcy, Rlajic, Pederson, Heidt None None