Chapter 6.120
ABATEMENT OF GRAFFITI

Sections:

6.120.010    Purpose and findings.

6.120.020    Graffiti defined.

6.120.030    Chief probation officer defined.

6.120.040    City defined.

6.120.050    Declaration of public nuisance.

6.120.060    Authority to abate.

6.120.070    Enforcement responsibility.

6.120.080    Objections to abatement.

6.120.090    Notice to abate.

6.120.010 Purpose and findings.

A. The purpose of this chapter is to authorize the establishment of a program to summarily abate graffiti throughout the city of Rancho Cordova.

B. The city council finds that graffiti is most frequently the responsibility of juveniles, either acting on their own or in association with gangs. It is therefore appropriate for juvenile work crews supervised by the probation department to perform the graffiti removal under this program. Although the removal of graffiti under this program will include its removal from private property, the city council finds that such removal utilizing juvenile work crews is in the public interest because of the debilitating impact of graffiti on neighborhoods.

C. The city council further finds that proliferation of graffiti constitutes a public nuisance that presents an imminent danger to the public safety and welfare. Law enforcement officials and other experts agree that immediate removal of gang-related graffiti is necessary to reduce the risk of violent and other criminal activities associated with gangs and gang territories. The presence of graffiti which is not abated immediately encourages the creation of additional graffiti which results in neighborhood blight, additional criminal activity and increased costs of abatement. Such a public nuisance therefore constitutes an immediate threat to public health and safety that must be summarily abated. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0973 § 1, 1994; SCC 0940 § 1, 1993].

6.120.020 Graffiti defined.

For purposes of this chapter, “graffiti” shall mean any inscription, word, figure, picture, design or other graphic representation prohibited by law or unauthorized by the owner or person in possession of the subject property, which is marked, etched, scratched, drawn, painted or otherwise applied on any building or other public or private facility, and can be seen by any person using any public right-of-way. “Graffiti” includes, but is not limited to: (A) graphic representations which are obnoxious or an eyesore; (B) representations of any gang-type group; (C) projection of threats; (D) insults to any race, creed or religion; or (E) expressions of profanity. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0973 § 1, 1994; SCC 0940 § 1, 1993].

6.120.030 Chief probation officer defined.

For the purposes of this chapter, “chief probation officer” shall mean the chief probation officer of the city of Rancho Cordova or his designee. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0973 §1, 1994; SCC 0940 § 1, 1993].

6.120.040 City defined.

For the purposes of this chapter, “city” means the city of Rancho Cordova. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0973 §1, 1994; SCC 0940 § 1, 1993].

6.120.050 Declaration of public nuisance.

The city council finds and declares that the existence of graffiti on any public or private property within the city constitutes a public nuisance that presents an imminent danger to the public safety and welfare. It shall be the duty of both the owner of the property on which the graffiti is located and any person who is in possession of such property to at all times maintain such property free from graffiti. If the owner or person in possession of such property fails to maintain it free of graffiti at any time, the graffiti may be summarily abated at the city’s expense pursuant to the provisions and procedures set forth in this chapter. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0973 §1, 1994; SCC 0940 § 1, 1993].

6.120.060 Authority to abate.

The chief probation officer is hereby authorized to summarily abate graffiti on any property within the city. The abatement may be undertaken by juvenile work crews so long as such crews are under the direct supervision of the chief probation officer. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0973 §, 1994; SCC 0940 § 1, 1993].

6.120.070 Enforcement responsibility.

The chief probation officer is charged with the responsibility of administering this chapter and exercising the authority conferred thereby. The chief probation officer may enter upon private property within the city for purposes of administering and enforcing this chapter, to inspect graffiti on any property within the city, and to remove, or cause to be removed, graffiti on any property within the city. Any member of a juvenile work crew authorized by the chief probation officer to remove graffiti from property for purposes of enforcement of this chapter may enter upon private property to perform such removal upon the request, and under the supervision, of the chief probation officer. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0973 §, 1994; SCC 0940 § 1, 1993].

6.120.080 Objections to abatement.

If the chief probation officer or his representative is notified either in writing or verbally that the property owner or person in possession of the property objects to the summary abatement of graffiti on his or her property, the chief probation officer shall terminate his efforts to summarily abate such graffiti and shall instead institute the notice and hearing procedure set forth in RCMC 6.120.090. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0973 §1, 1994; SCC 0940 § 1, 1993].

6.120.090 Notice to abate.

A. In cases where the property owner or person in possession of the property on which graffiti is located objects to the summary abatement of graffiti on such property pursuant to RCMC 6.120.080, the chief probation officer shall serve a written notice to abate such graffiti upon the owner of the property as shown on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice shall be served by first class mail and a copy of the notice shall be posted on the property. The notice to abate the graffiti shall include the following information: (1) The street address, legal description or other description sufficient to identify the affected property; (2) a statement that the property owner or person in possession of the property has seven calendar days from the date of the notice to voluntarily abate the graffiti; (3) a statement that the property owner or person in possession of the property may, during the period for voluntary abatement, file a written request for a hearing with the chief probation officer if they object to the demand to abate the graffiti; and (4) a statement that if the graffiti is not voluntarily abated within the stated period, and the property owner or person in possession of the property fails to file a timely written request for a hearing, the city will abate the graffiti.

B. A written request for a hearing must be received by the chief probation officer or his designated representative within seven days of the date of the notice to the property owner. The chief probation officer shall set a time and date for the hearing and notify the person requesting the hearing in writing of the time, date and place of the hearing. The hearing shall be before a person designated by the chief probation officer. The hearing shall be an informal opportunity for the person requesting the hearing to present his or her objections to the abatement of the graffiti.

C. After the conclusion of the hearing, the person designated as the hearing officer shall render a decision in writing that either upholds or denies the city’s authority to abate the graffiti. If the city’s authority to abate the graffiti is sustained, the decision shall contain an order to abate and a deadline for abatement by the property owner or person in possession of the property which shall not be more than seven calendar days from the date of the decision. The decision shall be served on the person requesting the hearing by first class United States Mail. The decision of the hearing officer shall be final.

D. If the graffiti is not abated within the time prescribed in the hearing officer’s order, or if a timely request for a hearing is not filed, the chief probation officer or his designee shall be authorized to immediately abate such graffiti. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0973 §1, 1994; SCC 0940 § 1, 1993].