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HomeMy WebLinkAbout1991-12-10 - AGENDA REPORTS - GRAFFITI ABATE ORD 91 51 (2)AGENDA REPORT City Manager Approval Item to be presented by: John Medina�� NEW BUSINESS DATE: December 10, 1991 SUBJECT: Graffiti Abatement: Ordinance No. 91-51 DEPARTMENT: Public Works The City Council, in its meeting of August 27, 1991, directed staff to enter into an agreement with the Los Angeles County Probation Department for the abatement of graffiti within Santa Clarita. Under this agreement, the City contracts, for approximately fifty (50) days each year to have ten to fourteen juveniles (under supervision) remove graffiti on the weekends. Currently, the City's administration of the graffiti program consists of two phases, the first phase being the implementation of the above mentioned agreement. The second phase of this program involves the City's involvement in the coordination of graffiti abatement efforts. The second phase of the City's program calls for abatement efforts to be coordinated through the position of an Administrative Analyst working within the Public Works Department. This position, approved by Council on September 24, 1991, will assist the Pride Committee in the coordination of the graffiti removal program. Staff is presently preparing to conduct interviews for the position of Administrative Analyst. In the interim, other Public Works personnel are preforming some of the .functions for which the Administrative Analyst will be responsible. In order to implement a City graffitiabatement program of this nature, staff has prepared Ordinance No. 91-51, designed to effectuate Santa Clarita's authority to remove graffiti within the City. This ordinance allows for the City to remove graffiti or other inscribed material from public or privately owned permanent structures located on public or privately owned real property within the City. Agenda Item: Further, this ordinance provides for the removal of graffiti by the City, in the event that the owner of a structure or public entity refuses to consent to the removal of such graffiti. In this case the City may declare the existence of graffiti on the structure a public nuisance and charge all costs associated with the abatement proceedings to the owner or public entity. RECOMMENDATION That City Council waive first reading of Ordinance 91-51 and pass to second reading. JEM:Im t GRAFORD Attachments ORDINANCE 91-51 SUMMARY DEFINITIONS: "Graffiti or other inscribed material" means any unauthorized inscription, . word, figure or design as marked, scratched or painted on any structural component of any building, structure or facility. EXPENDITURE OF PUBLIC FUNDS. The City is authorized to expend City funds to remove graffiti from public or privately owned permanent structures on public or private property within the City. No such removal shall be preformed until a finding has been made by the City that the graffiti is obnoxious and consent has been obtained from the owner. ABATEMENT: If the City makes a finding that the graffiti is obnoxious and the owner refuse to consent to the removal of the graffiti by the City, the City may declare the graffiti to be a public nuisance and precede to notice and abate the graffiti and charge all costs associated with the abatement proceedings to the property owner 0 11 ORDINANCE NO. 91-51 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF=SANTA CLARITA, CALIFORNIA, AMENDING THE MUNICIPAL CODE AT TITLE it TO ADD CHAPTER 11.68 RELATING TO GRAFFITI THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, DOES ORDAIN, AS FOLLOWS: SECTION 1. That the Santa Clarita Municipal Code is hereby amended at Title 11, Public Peace and Welfare, to add Chapter 11.68, relating to graffiti, to read as follows: Sections• 11.68.010 11.68.020 11.68.030 11.68.040 Chapter 11.68 GRAFFITI Definitions Expenditure of Abatement Severability Public Funds 11.68.010 Definitions. The following words or phrases as used in this Chapter shall have the following meanings: A. "Graffiti or other inscribed material" means any unauthorized inscription, word, figure, or design as marked, etched, scratched, drawn, or painted on any structural component of any building, structure, or other facility, regardless of the nature of the material of that structural component. 11.68.020 Expenditure of Public Funds. The City is authorized to expend City funds to remove graffit or other inscribed material from public or privately owned permanent structures located on public or privately owned real property within the City. Such expenditures shall be made only for the removal of graffiti or other inscribed material and not the painting or repair of a more extensive area. No such removal shall be performed has been made by the City that the graffiti inscribed material is obnoxious and consent until a finding or other has been E obtained from the owner of the structure or the public entity having jurisdiction over the structure. 11.68.030 Abatement. If the City makes a finding that the graffiti or other inscribed material is obnoxious pursuant to Section 11.68.020 and 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, 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 Government Code Section 38770 et sea. and charge all costs in connection with the nuisance abatement proceedings to the owner or public entity. 11.66.040 severability. If any provision, section or clause of this Chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the remaining provisions, sections, clauses or applications of this Chapter. SECTION 2. The City Clerk shall certify the passage of this ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this day of 1991. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA 1 I, , City Clerk of the Santa Clarita, do hereby certify that the foregoing Ordinance No. was regularly introduced and upon its first reading at a regular meeting of the -2- pca/ORD609375 (10/22/91) City of placed City is Council on the day of , 1991. That thereafter, said Ordinancewasduly adopted and passed at a regular meeting of the City Council on the day of , 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: -3- pca/0RD609375 (10/22/91) CITY CLERK