HomeMy WebLinkAbout2006-11-14 - ORDINANCES - GRAFFITI ORD MUNICODE AMEND (2)ORDINANCE NO. 06-8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, AMENDING AND RESTATING CHAPTER 11.68
OF TITLE 11 PERTAINING TO GRAFFITI AND AMENDING SECTION 23.30.040 OF
TITLE 23, OF THE SANTA CLARITA MUNICIPAL CODE PERTAINING
TO GRAFFITI AS A PUBLIC NUISANCE
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOI-LOWS:
SECTION 1. Recitals. The City Council finds as follows:
(a) The City desires to amend the provisions of Chapter 11.68 of the Santa Clarita
Municipal Code in order to reorganize the provisions and clarify the process for the.
administrative abatement of graffiti as a public nuisance and the ability of the City to
recover its costs of abatement in the event that the City is required to remove graffiti
from non -City property.
(b) The City further desires to amend Section 23.30.040 (G) to clarify that the
administrative abatement of graffiti as a public nuisance is governed by
Chapter 11.68.
SECTION 2. Amendment to Chapter 11.68. Chapter 11.68 of Title 11 of the Santa
Clarita Municipal Code entitled "Graffiti" is amended and restated as set forth in Exhibit A.
SECTION 3. Amendment to Section 23.30.040 (G). Section 23.30.040 (G) of
Chapter 23 of the Santa Clarita Municipal Code is amended to read as follows:
"G. Any building or structure, wall, fence, pavement, or walkway upon which any
graffiti, including paint, ink, chalk, dye, or other similar marking substances, is allowed to
remain for more than twenty-four (24) consecutive hours. (Administrative abatement of graffiti
nuisances will follow the procedures set forth in Chapter 11.68)."
SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision will not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 5. This Ordinance shall be in full force and effect thirty (30) days from its
passage and adoption.
SECTION 6. The City Clerk shall certify to the passage of this Ordinance and shall
cause the same to be published as required by law.
PASSED, APPROVED AND ADOPTED this 14th day of November, 2006.
MAYOR
ATTEST:
'V/
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF SANTA CLARITA
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Ordinance No. 06-8 was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 24th day of October, 2006. That thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council on the 14th day
of November, 2006, by the following vote, to wit:
AYES: COUNCILMEMBERS: Ferry, McLean, Kellar, Weste
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Smyth
'�/" -;'� -Qft�-
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF SANTA CLARITA
CERTIFICATION OF
CITY COUNCIL ORDINANCE
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Ordinance No. 06-8, adopted by the City Council of the City of
Santa Clarita, CA on November 14, 2006, which is now on file in my office.
Witness my hand and sea] of the City of Santa Clarita, California, this — day of
—'20—.
Sharon L. Dawson, CMC
City Clerk
Bv
Susan Coffman
Deputy City Clerk
EXHIBIT A
Chapter 11.68
GRAFFITI
11.68.010 Purpose
11.68.020 Definitions.
11.68.030 Graffiti Prohibition and Declaration as a Public Nuisance.
11.68.040 Restrictions on the Possession of Graffiti Implements by Minors.
11.68.050 Removal of Graffiti.
11.68.060 Liability for Graffiti Abatement Costs — Property Owner
11.68.070 Expenditure of Public Funds.
11.68.080 Sale of Aerosol Paint Containers and Markers — Storage Requirements.
11.68.090 Penalty.
11.68.010 Purpose.
A. The purpose of this chapter is to prevent the spread of graffiti and to establish a program
for its removal from public and private property.
B. The spread of graffiti on public and private buildings, structures or places causes blight,
which depreciates the value of adjacent and surrounding properties and businesses.
C. Graffiti is inconsistent with the city's aesthetic standards, and unless it is promptly
removed other adjacent properties may become the target of graffiti.
D. Graffiti also encourages other acts of vandalism and can breed criminal activity.
E. The placement of graffiti is often done in connection with gang activities and is often
committed by persons under the age of 18 years.
F. This chapter is intended to supplement state law by providing for penalties and remedies
to inhibit and abate the placement of graffiti on public and private property.
11.68.020 Definitions.
The following words or phrases as used in this chapter have the following meanings:
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"Aerosol paint container" means any aerosol container regardless of the material from which it is
made, which it is adapted or made for the purpose of spraying paint or any other substance
capable of defacing property.
"City manager" means the city manager of the City of Santa Clarita or the manager's designee.
"Felt tip marker" means any marker or similar implement with a marking tip exceeding one
quarter inch, containing anything other than a solution which can be removed with water after it
dries.
"Graffiti" means any unauthorized inscription, word, figure, or design as marked, etched,
scratched, drawn, or painted on any structural component of any building, structure or place,
including but not limited to any wall, curb, sidewalk, sign, post, lamppost, hydrant, bridge,
vehicle, tree or other facility regardless of the nature of the materials of that structural
component.
"Graffiti implement" means an aerosol paint container, a felt tip marker, a paint stick, spray paint
tip or etching tool capable of marking or scarring glass, metal, concrete, wood, or other similar
type surface.
"Hearing officer" means the person designated by the city manager to hear administrative
appeals of graffiti abatement determinations under this chapter.
"Minor" means any person under the age of 18 years.
"Paint stick or graffiti stick" means any device containing a solid form of paint, chalk, wax,
epoxy, or other similar substance capable of being applied to a surface by pressure, and upon
application, leaving a mark of at least 1/8 inch.
"Responsible adult" means a parent or legal guardian having custody or control of a minor.
"Spray paint tip" means any device capable of being placed upon an aerosol spray container for
the purpose of spraying paint or any substance capable of defacing property.
11.68.030 Graffiti Prohibition and Declaration as a Public Nuisance.
A. It is unlawful for any person to use a graffiti implement to apply graffiti upon any
publicly or privately owned building, structure or place within the city.
B. Graffiti on public or private property constitutes a public nuisance.
11.68.040 Restrictions on the Possession of Graffiti Implements by Minors.
A. It is unlawful for any minor, without the consent of the applicable property owner, to
possess any graffiti implement.
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B. The provisions of subsection (A) do not apply to any person who is traveling to or from a
school or other non-profit organization in which he or she is enrolled and is attending a class or
other event for which the instructor or organizer has required, in writing, the use of any graffiti
implement.
11.68.050 Removal of Graffiti.
Graffiti may be removed by any of the following methods:
A. Removal by person involved. Any person applying graffiti within the city must remove
such graffiti with 24 hours after notice by the city or the owner of the property involved. Failure
to promptly remove the graffiti constitutes an additional violation of this chapter.
B. Removal by property owner.
A property owner must cause the removal of graffiti within 7 calendar days
after the date of written notification from the city to remove such graffiti
delivered personally or by certified mail to the address of the owner of the
property appearing on the most recent equalized assessment roll or
supplemental roll.
2. Proof of service of the notice must be made by declaration of the person
effecting service stating the time, date and manner in which service of the
notice was made.
3. The city's notice to abate the graffiti must be in substantially the following
form:
NOTICE TO ABATE GRAFFITI
The undersigned code enforcement officer of the City of Santa Clarita has
determined that graffiti constituting a public nuisance exists on your property
located at: [address of property]
The graffiti must be removed within 7 calendar days from the date of this
notice unless you file a written appeal of this determination with the Office of
the City Manager of Santa Clarita within 3 business days of the date of this
notice. The address for filing an administrative appeal is:
The graffiti must be removed by washing, sandblasting, chemically treating,
or otherwise obscuring the graffiti such as to blend with the surrounding
structure or property.
If the graffiti has not been removed by the date required by this notice or as
ordered by the city's hearing officer if this determination is appealed, then the
city may cause the abatement of the nuisance. If the city abates the nuisance,
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then the cost of all code enforcement efforts may be charged against your
property in the form of a special assessment or lien.
Dated:
Department Officer
4. Within 3 business days from the date of a graffiti abatement notice, the owner
or any other person interested in the property affected by the notice may
appeal the determination by filing a written notice of appeal with the city
manager. The city manager will promptly schedule the hearing and provide
written notice to the appellant of the date, time and place of the hearing at the
address provided in the appeal. The hearing process will follow the procedure
set forth in Section 23.30.090 of this code.
C. Removal by city.
Standard abatement. If the graffiti has not been removed from the premises in
question as directed by the abatement notice or by the order of the hearing
officer, authorized city representatives may cause the graffiti to be removed
and may obtain all necessary legal authorization to enter upon the property for
the purpose of abating the nuisance if the consent of the property owner
cannot be timely secured.
2. Summary abatement. Notwithstanding the other provision of this section, the
department director is authorized to cause the summary abatement of graffiti
that is determined to create an immediate threat to public welfare or safety.
11.68.060 Liability for Graffiti Abatement Costs — Property Owner
The city may utilize the following procedures to recover of the costs of abating graffiti against a
property owner.
A. Upon the city's removal of graffiti, the city may provide a written accounting of the costs
of removal along with a demand for payment to the property owner.
B. If the costs of removal have not been paid within 30 days from the date of the demand,
the city manager may cause the unpaid amount to be charged as a lien or a special assessment
upon the property owner's property following the applicable procedures in Section 23.30,130 of
this code.
C. The notice of lien required under this code must be in substantially the following form
NOTICE OF LIEN
(Claim of the City of Santa Clarita)
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As authorized under Government Code sections 38773, 38773.1, and 38773.5 and Chapter 11.68
of the Santa Clarita Municipal Code, on [insert date] the City of Santa Clarita caused the removal
of graffiti at the premises described below in order to abate a public nuisance on the real
property. On [insert date], the City of Santa Clarita determined the cost of abating this nuisance
to be the sum of $ . As this money has not been paid, the City of Santa Clarita
claims this sum as a lien against the real property described below until the amount has been paid
in full.
The real property upon which a lien is claimed is that certain parcel of land in the City of Santa
Clarita, County of Los Angeles, State of California and particularly described as follows: [insert
property description and assessor's parcel number]
Dated:
City Officer
11.68.070 Expenditure of public funds.
The city is authorized to expend city funds to remove graffiti from public or privately owned
buildings, structures and other places within the city. Such expenditures may be made only for
the removal of graffiti and not the painting or repair of a more extensive area.
11.68.080 Sale of Aerosol Paint Containers and Markers — Storage Requirements
Any business or establishment offering for sale to the public aerosol paint containers or markers
with a marking tip exceeding one quarter inch, containing anything other than a solution which
can be removed with water after it dries, shall keep, store and maintain all such aerosol paint
containers or markers in an area viewable by, but not accessible to the public in the regular
course of business without employee assistance, pending legal sale or disposition of such marker
pens or paint containers.
11.68.090 Penalty.
Any violation of the provisions of this chapter will constitute a misdemeanor and each such
violation will constitute a separate offense for each and every day, or portion thereof, during
which any violation of any of the provisions of this chapter is committed, continued, or
permitted.
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