The URL can be used to link to this page

Home My WebLink About1993-09-28 - AGENDA REPORTS - ORD 93-15 REMOVAL OF GRAFFITI (2)NEW BUSINESS DATE: SUBJECT: DEPARTMENT: BACKGROUND: September 28, 1993 City Manager Approval Item to be presented by: ORDINANCE NO. 93-15: REMOVAL OF GRAFFITI Public Works At their January 26, 1993 meeting, the City Council adopted Ordinance 93-1. This ordinance requires that private property owners make arrangements to remove graffiti from their property within twenty (20) calendar days following receipt of written notification by the City to remove such graffiti. At the June 30, 1993 City Council Study Session, the Santa Clarity Pride Committee requested that the City consider amending Ordinance 93-1, in order to require property _ owners to remove any such graffiti placed upon their property within 48 Hours of notification by the City. At that time, staff was directed to review the Pride Committee's proposal, and return to Council with a recommendation to modify the'City's current ordinance. After discussing the proposal of a 48 Hour Removal Ordinance with the City's Code Enforcement Division, it is staff's belief that this proposal is neitherfeasible nor desirable. First, with only two Code Enforcement Officers for a City of over forty-four square miles in size, it is highly unlikely that such a change to this section of the Municipal Code could be enforced. In addition to facilitating the removal of graffiti placed upon private property, the Code Enforcement Division is responsible for enforcing all Municipal, Building, and Development Codes throughout the City. A forty-eight hour period for graffiti removal would have a substantial negative impact on these other day to day activities. Further, staff believes that such an amendment to the City's Municipal Code would convey the wrong message to private property owners. Thus far, Code Enforcement efforts on graffiti abatement have been designed to foster a spirit of pride and cooperation between the City and the property owner. ,00 D t b _.� Ami �. C>/? Agenda Item: Proposed Ordinance 93-15 September 28, 1993 Page 2 It is staff's belief that the adoption of a forty-eight hour ordinance would be perceived by property owners as if the City was penalizing them for the unsolicited vandalism inflicted upon their. property. It is staff's belief that this would tend to create an atmosphere of hostility, rather than cooperation. The City's Code Enforcement Division and Public Works Department have reviewed our current ordinance and discussed the need for a shorter turn around time with regard to the removal of graffiti. Working with the Pride Committee, as well as both the Santa Clarita and Canyon Country Chamber of Commerce, staff comes before you to present proposed Ordinance 93-15 for your consideration. Staff believes Ordinance 93-15 represents a compromise which balances the need for immediate removal of graffiti, while recognizing the potential costs incurred, time and burden which the removal of graffiti places upon property owners and members of our business community. Ordinance 93-15 would require property owners to remove graffiti placed upon their private or personal property within seven ('n working days following receipt of written notification by the City. Further, this ordinance requires the removal of graffiti to be accomplished in a manner whereby the appearance of the effected area blends with the surrounding property. That City Council introduce Ordinance 93-15, waive further reading, and pass to second reading on October 12, 1993. ATTACHMENT Ordinance 93-15 JK:kmt 9315agen ORDINANCE NO. 93-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING SECTION 11.68.030 AND ADDING SECTIONS 11.68.031 T@TMUL fO THE MUNICIPAL CODE RELATING T GRAFFITI ll. 6"F-03 3 THE C1TY COUNCIL OF THE CITY OF SANTA CLARITA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 11.68.030 of the Santa Clarita 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 Graffiti as a Public Nuisance, The City Council 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 Clarita Municipal Code to read as follows: "11.68.032. Abatement. A. A property owner shall remove graffiti from the property within seven (7)4v 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) 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 designeeshall 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 (7) ys of the City Manager's or designee's determination, the owner or any other person in rested in the property may file a written appeal to the City Council and pay any applicable g feet." v SECTION 4. Section 11.68.033 is hereby added to the Santa Clarita Municipal Code to read as follows: "11.68.033. Removal A. Abatement shall be to completely remove the graffiti by washing, sandblasting, chemically treating, or otherwise obscuring the graffrd.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 day of , 1993. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES § CITY OF SANTA CLARITA I, , City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance .No. 93-15 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 1993. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 1993, by the, following vote: CITY CLERK /9 MM \agendas%ord93.15 21 • • P00111MM RVI19201411rH . CITY CLERK /9 MM \agendas%ord93.15 NEW BUSINESS DATE: SUBJECT: DEPARTMENT: AGENDA REPORT September 28, 1993 Item to be Janice H. Heldt MCBEAN PARKWAY/ALEGRO DRIVE INTERSECTION/CITIZEN'S CONCERN City Council BACKGROUND In response to a request from Mayor Heldt, this Item was placed on the agenda to receive citizens' concerns regarding any Issues that there may be at the Intersection of McBean Parkway and Alegro Drive. RECOMMENDATION The concerns and Issues are to be referred to staff for investigation and recommendation to the City Council. Z�t,-J) ti�, " RJR:hds counaWncbe rjr Agenjla Iten-2 LZ/