HomeMy WebLinkAbout1993-10-12 - ORDINANCES - GRAFFITI (2)ORDINANCE NO. 93-15
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA CLA.Rh' A, CALIFORNIA,
AMENDING SECTION ➢ ➢ .6€ -030 AND ADDING
SECTIONS 11.68.031 TO lk- .o:rTO THE MUNICIPAL
CODE RELATING TO GRAFFITI
THE CITY 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 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. "
F0. 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)
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 andcost recovery procedures. Within seven (7) 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 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 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 Goverment 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:
CITY CLERK
ATTEST:
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES §
CITY OF SANTA CLARITA
I, Donna M. GYindeA 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 28th day of
dt�e* 1993. That thereafter, said Ordinance was duly adopted
and passed at a regular meeting of the City Council on the 12th day of
October , 1993, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILN Emi3ERS:
ABSTAIN:
COUNCILMEMBF.RS:
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\agendas\ord93.15
Boyer, Darcy, Klajic, Pederson, Heidt
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