Chapter 4.55
GRAFFITI
Sections:
4.55.010 Declaration of graffiti as a public nuisance.
4.55.030 Graffiti – Prohibited.
4.55.040 Legislative authorization to use public funds for removal of graffiti.
4.55.060 Failure by property owner to provide consent for graffiti removal by city.
4.55.070 Failure to remove graffiti – Abatement process – $100.00 per day administrative penalty.
4.55.010 Declaration of graffiti as a public nuisance.
Graffiti on public or private property is a blighting factor which not only depreciates the value of the property which has been the target of such vandalism, but also depreciates the value of the adjacent and surrounding properties, and in so doing, has a negative impact upon the entire community.
Further, the existence of graffiti tends to encourage other acts of malicious vandalism, and may breed community discontentment and other forms of criminal activity. The council finds and determines that graffiti is obnoxious and a public nuisance and unless it is removed expeditiously from public and private property, it tends to remain. Other properties then become the target of graffiti with the result that entire neighborhoods are affected and the entire community depreciates in value and becomes a less desirable place to be. (Ord. 774. Code 1997 § 17-78)
4.55.020 Graffiti defined.
Wherever in this chapter the term “graffiti” is used, it shall mean the unauthorized application of paint, ink, chalk, dye, or any other substance on public and private buildings, structures and places. (Ord. 774. Code 1997 § 17-79)
4.55.030 Graffiti – Prohibited.
It shall be unlawful for any person to apply graffiti on any public or privately owned permanent structures located on public or privately owned real property within the city.
Any individual found guilty of violating this section shall reimburse the city or the property owner for any and all costs the city or property owner may incur in removing graffiti under the provisions of this chapter. Such reimbursement shall be in addition to any other penalties imposed by the court pursuant to Penal Code Section 594 et seq. If the violator is a minor, the parent or guardian shall be responsible for such reimbursement. (Ord. 774. Code 1997 § 17-80)
4.55.040 Legislative authorization to use public funds for removal of graffiti.
Government Code Section 53069.3 authorizes cities to provide for removal of graffiti from private as well as public property; provided the painting or repair of a more extensive area is not undertaken, and an appropriate consent, release and waiver is executed by the property owner. (Ord. 774. Code 1997 § 17-81)
4.55.050 Removal of graffiti.
Whenever the chief of police or his designee determines that graffiti or other inscribed material is so located on public or privately owned, permanent structures on public or privately owned real property within the city which is visible from any public right-of-way, or from a property adjacent to the property on which the graffiti is located, the chief of police or his designee is authorized to provide for the removal of the graffiti in accordance with state law and established city procedures.
A. Graffiti found on property owned by the city of South Lake Tahoe shall be removed by the city public works department or through utilization of other city resources.
B. Graffiti found on public property owned by governmental entities other than the city shall be removed by the governmental entity under which jurisdiction the property falls, and the governmental entity shall bear all costs of such removal.
C. Graffiti found on private property shall be removed by the city or its designated agents, after first obtaining a consent to enter and release of liability form from the property owner in accordance with Government Code Section 53069.3. In removing the graffiti or other inscribed material, the painting or repair of a more extensive area shall not be authorized.
D. Graffiti Removal Program – Procedures. The graffiti removal program shall be a cooperative effort between the South Lake Tahoe police department, the public works department, and the city attorney’s office.
1. Discovery and Reporting of Graffiti. All incidents of new graffiti found by city crews and members of the public shall be reported to the South Lake Tahoe police department. The department shall commence any necessary investigative work and shall determine whether the graffiti is located on city owned property, or property owned by another governmental agency or a private property owner.
2. Removal of Graffiti on Public Property.
a. City Property. Whenever graffiti is found on city owned property, the police department shall notify the public works supervisor of the location and type, and request its removal as soon as possible, and not later than seven days from the date the supervisor receives notification.
b. Property Owned by Other Public Entities. In cases where graffiti is found on property owned by a governmental agency other than the city, the police department shall provide notification that the graffiti must be removed within a seven-day period. Failure on the part of the governmental agency to remove the graffiti may result in a summary abatement process, as provided by SLTCC 4.55.070.
3. Removal of Graffiti on Private Property. In cases where graffiti is located on private property, the police department shall contact the owner or manager of the property and explain the graffiti removal program.
Removal of graffiti on private property shall be limited to the painting over or sanding of graffiti. Sandblasting shall not be undertaken by the city on private property.
The police department shall provide the property owner/manager with a consent to enter and release of liability form, requesting that they sign it immediately.
The police department shall arrange to have the graffiti removed by one of the following:
a. Minors placed on work project by either the El Dorado County court or the county probation department.
b. California Conservation Corp.
c. Voluntary action.
If no manpower is available through the above mentioned resources, the city attorney’s office shall, through an informal bid process, solicit the services of a local painting contractor to perform the graffiti removal. Costs of the services of a painting contractor shall be paid from the graffiti removal program account.
The property owner shall be given the option of supplying paint to ensure color match. In the event the property owner does not supply the paint, the city shall provide a limited number of basic colors from which the property owner may choose.
In the event the owner/manager fails to sign the form, the department shall provide the owner/manager with a notice to property owner explaining that failure to provide consent shall result in the obligation of the property owner to remove the graffiti no later than seven days from the date of the notice, and at his or her expense. Further, that failure to remove the graffiti within seven days of the date of the notice will result in a summary nuisance abatement proceeding commenced against the property owner, which could result in a $100.00 per day administrative penalty assessed through a lien against the property.
The police department shall notify the city attorney’s office in the event graffiti is not removed by the property owner within the mandatory seven-day period, and a summary abatement process will be carried out, with a hearing in front of an administrative hearing officer. The property owner shall be given an opportunity to explain why the graffiti remains. If no reasonable explanation and/or timeframe for its removal are provided by the property owner, the city attorney’s office shall coordinate with the police department to arrange to have the graffiti removed, and assess the property owner all costs of the removal, as well as any fines imposed as a result of the owner’s failure to remove the graffiti on his own. Such assessment shall be in the form of a lien placed against the property.
In those cases where the property owner shall bear sole responsibility for graffiti removal because specialized techniques such as sandblasting are required, leniency with respect to the seven-day mandatory removal period shall be considered.
GRAFFITI REMOVAL PROGRAM
CONSENT TO ENTER
AND RELEASE OF LIABILITY
I, the undersigned, as owner/manager of the property located at _____________, in South Lake Tahoe, do hereby grant consent to entry upon the above described property by personnel and equipment of the city of South Lake Tahoe, their agents and employees (hereinafter separately and collectively referred to as “city”), for the purpose of removing, reducing, or obliterating graffiti on the property by painting or use of solvents, as deemed necessary or desirable by city. I further understand that in accordance with the city’s graffiti abatement program, the city may utilize the services of volunteers or youth of the community to remove graffiti, and that these individuals will be deemed agents of the city for purposes of this program. In any case where persons under 18 years of age perform graffiti removal, adult supervision will be provided.
I, the undersigned, do hereby release, discharge, hold harmless, and defend the city from all claims, judgments, demands, or actions of every kind and nature whatever, which, under any theory, may arise as a result of the performance of the graffiti removal services on the property.
I understand that:
(1) The removal shall be performed as determined by city, and may be in blocks, patches and strips where the graffiti appears, and that the surface from which the graffiti is removed may not match precisely the colors on the remainder of the improvements on the property.
(2) The city assumes no responsibility if colors do not precisely match.
I understand that the city will provide a limited number of colors from which I may select and that the colors may vary significantly from the color of the surface to be treated. I further understand that I have the option of supplying the paint to be used to help ensure a closer match of color to that currently existing on the surface to be treated.
(3) Some residue of the existing graffiti may remain.
It is further understood and agreed that city in no way obligates itself to do any work, or to use its equipment or other resources to any greater extent, than determined necessary by the chief of police or his designee.
I fully understand that under SLTCC 4.55.060, my failure to execute this consent to enter and release of liability obligates me to have the graffiti found on my property removed at my own expense within seven days of notice by the city.
__________________ ______________
Date Owner/Manager
__________________ ______________Telephone Print Name
(Ord. 774. Code 1997 § 17-82)
4.55.060 Failure by property owner to provide consent for graffiti removal by city.
In the event the owner or manager of a property where graffiti has been found fails to provide consent for the city to enter upon his property for the purpose of removing graffiti in accordance with this chapter, the property owner shall remove the graffiti at his sole expense within seven days of receipt of notification by city of his obligation to do so.
GRAFFITI REMOVAL PROGRAM
NOTICE TO
PRIVATE PROPERTY OWNER
Pursuant to SLTCC 4.55.050, you were notified that the chief of police or his designee found graffiti on your property and requested that you provide the city with a Consent to Enter and Release of Liability to allow the city to remove said graffiti.
As a result of your failure to provide such Consent to Enter and Release of Liability, you are required to remove the graffiti found on your property within seven days of the date of this notice. Such removal shall be at your sole expense, and the city shall not be deemed responsible for reimbursement of any expenses you may incur in the removal of graffiti.
Your failure to remove the graffiti within the mandatory seven-day period will result in the commencement of a summary abatement process, which could result in removal of the graffiti by the city, with all costs of the abatement assessed through a lien against your property. In addition, a $100.00 per day administrative penalty may be imposed for each day the graffiti remains beyond the seven-day mandatory removal period.
________ _______________________
Dated Police Chief or his Designee
GRAFFITI REMOVAL PROGRAM
NOTICE TO
MANAGER OF PUBLIC PROPERTY
You are hereby notified that graffiti has been found at the property located at _______________.
Your failure to remove the graffiti within the mandatory seven-day period will result in the commencement of a summary abatement process, which could result in removal of the graffiti by the city, with all costs of the abatement billed to your agency. In addition, a $100.00 per day administrative penalty may be imposed for each day the graffiti remains beyond the seven-day mandatory removal period.
________ _______________________
Dated Police Chief or his Designee
(Ord. 774. Code 1997 § 17-83)
4.55.070 Failure to remove graffiti – Abatement process – $100.00 per day administrative penalty.
Failure of the property owner to remove graffiti within the mandatory seven-day period shall result in the city’s commencement of a summary abatement process. The property owner shall be provided with 72 hours’ notice prior to the administrative hearing required for such proceedings.
The administrative hearing officer shall have the authority to impose an administrative penalty of $100.00 per day for each day the graffiti remains beyond the mandatory seven-day removal period. Whenever such penalties are imposed, a lien shall be placed against the property, and shall remain in effect until all penalties and/or costs of any necessary nuisance abatement activities are paid in full.
All other aspects of such nuisance abatement process shall be carried out in conformance with Chapter 4.45 SLTCC, Article II. (Ord. 774. Code 1997 § 17-84)