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HomeMy WebLinkAbout1992-01-14 - AGENDA REPORTS - ORD 91 51 GRAFFITI ABATEMENT (2)BUSINESS DA'L'E: January 14, 1992 SUBJECT: Ordinance DEPARTMENT: Public Wo AGENDA REPORT City Manager Approv Item to be presented by: 1-51: Graffiti Abatement PrIMM508 At the City Council meeting of December 10, 1991, Ordinance No. 91-51 was introduced. This ordinance authorizes the City to enter private property for the purposes of removal of graffiti with the prior consent of the property owner. Further, this ordinance provides that in the event that the owner of a structure or public entity refuses to consent to the removal of such graffiti, 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. That City Council waive second reading, and adopt Ordinance 91-51. Ordinance No. 91-51 JEM:kmt GRAFORD2 Adopted:— - �,� Agenda Item: ORDINANCE 91-51 SUNUVIARY 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 ORDINANCE NO. 91-51 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING THE MUNICIPAL CODE AT TITLE 11 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 Public Funds Abatement Severability 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 until a finding has-been made by the City that the graffiti or other inscribed material is obnoxious and consent has been 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 sem. and charge all costs in connection with the nuisance abatement proceedings to the owner or public entity. 11.68.040 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. ATTEST: PASSED AND APPROVED this day of CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, , City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. was.regularly introduced and placed upon its first reading at a regular meeting of the City -2- pca/ORD609375 (10/22/91) Council on the day of , 1991. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: CITY CLERK -3- pca/ORD609375 (10/22/91)