Chapter 11.68
GRAFFITI

Sections:

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 eighteen (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. (Ord. 06-8 § 2, 11/14/06)

11.68.020 Definitions.

The following words or phrases as used in this chapter have the following meanings:

“Aerosol paint container” means any aerosol container regardless of the material from which it is made, which 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 (1/4) 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 eighteen (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 one-eighth (1/8) inch.

“Responsible adult” means a parent or legal guardian having custody or control of a minor.

“Slap tags” means any material with an adhesive glue or tape, such as, but not limited to, decals, stickers, posters, or labels that may be applied to building structures, light posts, street poles, street signs, newspaper stands, phone booths, windows, utility boxes, or other surfaces on public and private property without permission. Slap tags are a form of street art in which an image or message is publicly displayed using stickers.

“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. (Ord. 91-51, 1/14/92; Ord. 94-12, 10/11/94; Ord. 06-8 § 2, 11/14/06; Ord. 10-11 § 1, 9/28/10. Formerly 11.68.010)

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. (Ord. 93-15, 10/12/93; Ord. 06-8 § 2, 11/14/06. Formerly 11.68.031)

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.

B.    The provisions of subsection (A) of this section do not apply to any person who is traveling to or from a school or other nonprofit 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. (Ord. 94-12, 10/11/94; Ord. 06-8 § 2, 11/14/06. Formerly 11.68.051)

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 twenty-four (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.

1.    A property owner must cause the removal of graffiti within seven (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, 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 three (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.

1.    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. (Ord. 93-15, 10/12/93; Ord. 06-8 § 2, 11/14/06. Formerly 11.68.033)

11.68.060 Liability for Graffiti Abatement Costs—Property Owner.

The City may utilize the following procedures to recover 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 thirty (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)

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

(Ord. 91-51, 1/14/92; Ord. 93-1, 1/26/93; Ord. 93-15, 10/12/93; Ord. 06-8 § 2, 11/14/06. Formerly 11.68.030, 11.68.032)

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. (Ord. 91-51, 1/14/92; Ord. 06-8 § 2, 11/14/06. Formerly 11.68.020)

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. (Ord. 93-11, 5/11/93; Ord. 06-8 § 2, 11/14/06. Formerly 11.68.050)

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. (Ord. 93-11, 5/11/93; Ord. 06-8 § 2, 11/14/06. Formerly 11.68.060)