HomeMy WebLinkAbout2006-10-24 - AGENDA REPORTS - GRAFFITI ORD (2)Agenda Item:
CITY OF SANTA CLARITA
AGENDA REPORT
NEW BUSINESS City Manager Approval:
Item to be presented by'. Curtis Williams
DATE: October 24, 2006
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING AND
RESTATING CHAPTER 11.68 (GRAFFITI) AND AMENDING
SECTION 23.30.040(G) OF IT= 23 (NEIGHBORHOOD
PRESERVATION) OF THE SANTA CLARITA MUNICIPAL
CODE PERTAINING TO GRAFFITI AS A PUBLIC NUISANCE
DEPARTMENT: Community Development
RECOMMENDED ACTION
City Council introduce and pass to second reading an ordinance entitled: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING
AND RESTATING CHAPTER 11.68 (GRAFFITI) AND AMENDING SECTION 23.30.040(G)
(NEIGHBORHOOD PRESERVATION) SECTIONS OF THE SANTA CLARITA MUNICIPAL
CODE."
BACKGROUND
Graffiti on private property is a growing problem in the City of Santa Clarita. It is a blight that
affects the aesthetics of a neighborhood and lowers property values. During the enforcement
process, graffiti was allowed to remain for prolonged periods of time. A more effective process
was sought to eradicate graffiti in a more timely manner.
Since adoption of Title 23 (Neighborhood Preservation) in 2004, graffiti violations on private
property have been enforced by the Community Preservation Division through procedures as per
that code. Graffiti, like all other public nuisances, can take up to thirty one (3 1) calendar days to
notify and cite the property owner for the violations. The graffiti violation can remain during the
entire process. When this process is exhausted, an abatement warrant would be required in order
for the City to remove the violation.
Ordinance passed to
Second reading
The current process under Chapter 11.68 requires that a property owner remove graffiti from the
property seven (7) working days from receiving written notice from the City of Santa Clarita.
Within the seven (7) working days of the written notice, the property owner may appeal to the
City Manager or designee. The appeal allows for a hearing to determine whether the graffiti
constitutes a public nuisance which shall be ordered removed from the property subject to
abatement and cost recovery procedures. Within seven (7) working days of the determination, a
written appeal may be made to the City Council. This process can take at a minimum of thirty
(30) calendar days while the graffiti is allowed to remain. When this process is exhausted, an
abatement warrant would be required in order for the City to remove the violation.
The proposed amendments, as included in Exhibit "A" will:
• After an initial seven (7) calendar day enforcement period, allow the City to enter private
property with a warrant and abate graffiti and charge the owner for the expenses.
• Change the appeal deadline to the first three (3) business days of the seven (7) calendar day
written notice, the appeal must be made to the City Manager. The City Manager's
determination upon the appeal shall be final.
• Streamline section 23.30.040.G to use the abatement procedure from Chapter 11.68.
• Provide a special notice format for abatement of graffiti.
• Reduce the maximum time graffiti will remain on private property during the appeal process
from thirty-one (3 1) to sixteen (16) calendar days.
These amendments will provide the ability for a more rapid enforcement process to abate
graffiti. Graffiti violations will be enforced under a single code chapter rather than two,
streamlining the process of obtaining voluntary compliance. The amendments also provide
various housekeeping items such as a section for "Purpose" for the chapter.
ALTERNATIVE ACTIONS
Other actions as determined by Council.
FISCAL IMPACT
It is anticipated that additional staff resources to abate the graffiti will be requested since an
increase in workload will result due to unwilling property owners failing to remedy their
violations. As a result of property owners failing to remove the graffiti violations from their
property, the City of Santa Clarita is authorized by code to abate the violations and charge the
property owner for the costs incurred. If the costs are not paid, an assessment shall be imposed
upon the property.
ATTACHMENTS
Ordinance
Graffiti Ordinance Redline available in the City Clerk's Reading File