Chapter 7.30
GRAFFITI CONTROL
Sections:
7.30.010 Purpose.
7.30.020 Definitions.
7.30.030 Declaration of nuisance.
7.30.040 Removal by person applying graffiti.
7.30.050 Abatement at owner’s expense.
7.30.060 Abatement at owner’s expense – Notice to abate.
7.30.070 Abatement at owner’s expense – Hearing.
7.30.080 Abatement at owner’s expense – Costs.
7.30.090 Cost of abatement a personal obligation.
7.30.100 Alternative means of enforcement.
7.30.010 Purpose.
The purpose of this chapter is to provide a program and enforcement tools in addition to those already provided by state law for removal of graffiti from walls and structures on both public and private property and to prevent and control the further spread of graffiti in the city. The increase of graffiti on both public and private buildings, structures and places is creating a condition of blight within the city which results in deterioration of property and business values for adjacent and surrounding properties, all to the detriment of the city. The city council finds and determines that graffiti is detrimental to the public health, safety and general welfare and constitutes a public nuisance which must be abated so as to avoid the detrimental impact of such graffiti on the city and to prevent the further spread of graffiti. It is further the intent of the city council, through the adoption of this chapter, to give notice to all who disregard the property rights of others that the city will strictly enforce all laws prohibiting graffiti, including but not limited to California Penal Code sections 594, 594.1 and 640.5, California Vehicle Code section 13202.6, and the provisions of this chapter. (Ord. 728 § 7, 1998; Ord. 706 § 2, 1996; Ord. 698 § 1, 1994; 1991 code § 11-5.1)
7.30.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Administrative hearing officer means the city manager or his/her designated representative.
Graffiti means and includes any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn, or painted on any structural component of any building, structure, or other facility or surface, regardless of the nature of the material of that structural component. (Ord. 706 § 2, 1996; Ord. 698 § 1, 1994; 1991 code § 11-5.2)
7.30.030 Declaration of nuisance.
The city council finds and declares that the existence of graffiti anywhere within the boundaries of the City of Pleasant Hill is a public and private nuisance, and may be abated according to the provisions and procedures contained in this chapter. (Ord. 728 § 7, 1998; Ord. 706 § 2, 1996; Ord. 698 § 1, 1994; 1991 code § 11-5.3)
7.30.040 Removal by person applying graffiti.
Any person applying graffiti within the city shall have the duty to remove the same immediately, but not longer than 72 hours after notice by the city or the public or private owner of the property involved. Each instance of failure by any person to remove graffiti following notice shall constitute a separate violation. Every day that said graffiti is not removed after notice shall constitute a separate offense. (Ord. 728 § 7, 1998; Ord. 706 § 2, 1996; Ord. 698 § 1, 1994; 1991 code § 11-5.4)
7.30.050 Abatement at owner’s expense.
Graffiti located on privately or publicly owned property within the City of Pleasant Hill so as to be capable of being viewed by a person utilizing any public right-of-way may be removed by the city at the owner’s expense as a public nuisance after service of a notice to abate as herein set forth. (Ord. 728 § 7, 1998; Ord. 706 § 2, 1996; Ord. 698 § 1, 1994; 1991 code § 11-5.5)
7.30.060 Abatement at owner’s expense – Notice to abate.
A. Whenever the city is apprised of the presence of graffiti located on privately or publicly owned property within the City of Pleasant Hill, the city shall serve a written notice to abate such graffiti upon the owner of the affected premises as such owner’s name and address appears on the last equalized assessment roll or the supplemental roll, whichever is more current.
B. Contents of notice. The notice to abate the graffiti shall set forth the following:
1. The street address, legal description, or other description sufficient to identify the premises affected.
2. The length of time permitted for voluntary abatement of the graffiti which length of time shall be no less than 10 days.
3. A statement that the property owner may, within seven days of service of the notice to abate, file a request for hearing if the owner disagrees with the demand to abate the graffiti.
4. A statement that if the graffiti is not voluntarily abated within the stated period, the city will abate the graffiti and that the costs of such abatement shall become a charge against the premises and shall be a lien against the premises.
C. Service of notice.
1. The notice to abate the graffiti shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with § 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in Contra Costa County pursuant to Government Code section 6062.
2. The failure to make or attempt such service on any person as required herein shall not invalidate any proceedings under this chapter as to any other person duly served. (Ord. 728 § 7, 1998; Ord. 706 § 2, 1996; Ord. 698 § 1, 1994; 1991 code § 11-5.6)
7.30.070 Abatement at owner’s expense – Hearing.
A. A request for hearing must be received by the director of public works and community development or his/her designated representative within seven days of the service of the notice to abate. The director of public works and community development shall set a time and date for hearing and notify the person requesting the hearing of the time, date and place. The hearing shall be before an administrative hearing officer. The hearing shall be an informal opportunity for the person requesting the hearing to present his/her arguments against the requirement to abate the graffiti at his/her expense.
B. At the hearing, the administrative hearing officer shall render a decision, in writing, upholding or denying the requirement of abatement. If the requirement is upheld, the decision shall contain an order to abate and a deadline for abatement, and shall be served on the person requesting the hearing by U.S. mail. The decision of the administrative hearing officer shall be final. (Ord. 728 § 7, 1998; Ord. 706 § 2, 1996; Ord. 698 § 1, 1994; 1991 code § 11-5.7)
7.30.080 Abatement at owner’s expense – Costs.
A. If the graffiti is not completely abated by the owner or occupier of the premises within the time prescribed in the notice to abate or, if the owner timely requested a hearing, within the time prescribed in that hearing’s final decision, the city manager or his/her designated representative is authorized and directed to cause the graffiti to be abated by city personnel or private contract. The city, or its private contractor, may enter upon the premises for such purposes with either the owner’s consent or a warrant from the court to enter the property, if legally required.
B. The city manager or his/her designated representative shall keep an account of the costs and expenses, including all direct and indirect costs and expenses, in abating such graffiti and shall render a statement of such costs to the person or persons receiving the notice to abate. Such person or persons receiving the notice to abate shall be liable to the city for any and all costs and expenses to the city involved in abating the graffiti.
C. If all or any portion of the costs and expenses incurred by the city in abating the graffiti and accounted for by the city manager remain unpaid after 30 days, pursuant to authority created by law, including Government Code sections 38773, et seq., such portion thereof as remains unpaid shall constitute and is hereby declared to constitute a lien on the real property which was the subject of the notice to abate and may be collected as a nuisance abatement lien or made a special assessment against the real property. The city manager shall present a resolution of lien to the city council, and upon passage and adoption thereof, shall cause a certified copy thereof to be recorded with the Contra Costa County recorder’s office. (Amended during 2005 recodification; Ord. 728 § 7, 1998; Ord. 706 § 2, 1996; Ord. 698 § 1, 1994; 1991 code § 11-5.8)
7.30.090 Cost of abatement a personal obligation.
Instead of making the cost of abating a nuisance a lien upon the real property under PHMC § 7.10.100.C, the city may make the cost the personal obligation of the property owner, tenant or other person creating, causing, committing or maintaining the nuisance. In such a case, all of the procedures of this chapter apply except those specially related to assessment of the property. (Ord. 728 § 7, 1998; Ord. 706 § 2, 1996; Ord. 698 § 1, 1994; 1991 code § 11-5.9)
7.30.100 Alternative means of enforcement.
Nothing in this chapter shall be deemed to prevent the city council from authorizing the city attorney to commence any other available civil or criminal proceeding to abate a public nuisance under applicable provisions of state law as an alternative to proceedings set forth in this chapter. (Ord. 728 § 7, 1998; Ord. 706 § 2, 1996; Ord. 698 § 1, 1994; 1991 code § 11-5.11)