CHAPTER 35
GRAFFITI CONTROL

4.35.102 Purpose.

The purpose of this chapter is to provide enforcement tools in addition to those already provided by state law to prevent and control the further spread of graffiti on walls and structures on both public and private property in the City. The presence of graffiti in the City creates blight and is detrimental to property values. The City Council finds and determines that graffiti is detrimental to the public health, safety and welfare and is a public nuisance which must be controlled.

(Sec. 1, Ordinance No. 15-11, adopted June 28, 2011)

4.35.104 Definitions.

"Aerosol paint container" means any aerosol containers of which contents are any solution which cannot be removed with water after it dries.

"Etching cream" means any caustic cream, gel, liquid, or solution capable, by means of a chemical action, of defacing, damaging, or destroying hard surfaces in a manner similar to acid.

"Graffiti" means the intentional spraying of paint or marking of paint, ink, chalk, dye or other similar substances or etching or scratched marking upon private or public property without permission of the owner of the property.

(Sec. 1, Ordinance No. 15-11, adopted June 28, 2011)

4.35.106 Sale or Furnishing of Aerosol Paint Containers or Etching Creams to Minors.

It shall be unlawful for any person, firm, or corporation, except a parent or legal guardian, to sell or give or in any way furnish to another person, who is in fact under the age of eighteen (18) years, any aerosol paint container or etching cream as defined in this chapter.

(Sec. 1, Ordinance No. 15-11, adopted June 28, 2011)

4.35.108 Retail Commercial Storage of Aerosol Paint Containers or Etching Creams.

Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol paint containers or etching creams shall store or cause such products to be stored in an area which is continuously observable, through direct visual observation or surveillance equipment, by the owner, store manager or employees of the retail establishment during the regular course of business.

(Sec. 1, Ordinance No. 15-11, adopted June 28, 2011)

4.35.110 Noncompliance with Sections 4.35.106 and 4.35.108.

Any person, firm or corporation that does not comply with the provisions of Sections 4.35.106 and 4.35.108 shall be subject to an administrative fine as set forth in Section 1.5.002(d).

(Sec. 1, Ordinance No. 15-11, adopted June 28, 2011)

4.35.112 Graffiti.

It is unlawful for any person, regardless of age, to engage or assist in the act of graffiti as defined in this chapter.

(Sec. 1, Ordinance No. 15-11, adopted June 28, 2011)

4.35.114 Violation of Section 4.35.112.

a.    Any person in violation of Section 4.35.112 shall be guilty of either an infraction or misdemeanor as charged by the City Attorney, punishable by the maximum penalties provided by state law for such offenses.

b.    If such person is guilty of a misdemeanor and is a ward of the court under Welfare and Institutions Code Section 602 as a result of committing an offense in the City of Oakley, the person shall be required, at the City’s request of the court, to perform community service, which may include graffiti removal.

c.    The City may request the court, pursuant to Civil Code Section 1714.1, to hold the parent or legal guardian of a minor who violates Section 4.35.112 personally responsible for any and all costs incurred with the removal of graffiti caused by said minor, including attorney’s fees and court costs.

d.    If the court does not hold the parent or legal guardian of a minor who violates Section 4.35.112 responsible for the City’s graffiti removal costs and the costs have not been paid to the City by the minor, parent or legal guardian of the minor, the City may make a special assessment against a parcel of land owned by the parent or legal guardian of said minor pursuant to Government Code Section 38773.6 to recover such costs, so long as the City provides thirty (30) days’ written notice to the parent or legal guardian prior to the special assessment.

(Sec. 1, Ordinance No. 15-11, adopted June 28, 2011)

4.35.116 Graffiti Abatement.

It shall be unlawful for any person owning, leasing, renting, occupying, managing or having such charge or possession of any property in the City to maintain, or allow to be maintained, graffiti on such property for more than seventy-two (72) hours after receiving notice from the City to remove such graffiti, if such graffiti or any portion of it is visible to the public, from a street or sidewalk or from other properties, public or private.

(Sec. 1, Ordinance No. 15-11, adopted June 28, 2011)

4.35.118 Graffiti Abatement Procedure.

Property owners and "beneficiary/trustees" and "property managers" as defined in Section 4.32.202 within the City of Oakley shall remove graffiti from their property, or property for which they are responsible under Chapter 4.32, within seventy-two (72) hours of receiving notice from the City to remove the graffiti. The notice shall be mailed to the owner, beneficiary/trustee, or property manager of the affected premises as the owner’s name and address appear on the last equalized assessment roll with a copy addressed to the affected property, if different from the owner’s address. If the property is subject to Chapter 4.32, notice shall be mailed to the beneficiary/trustee and/or property manager for the property. Alternatively, within seventy-two (72) hours of receiving the notice from the City, the private property owner, beneficiary/trustee or property manager, or other public agency within the City of Oakley, may sign a consent form provided by the City to allow the City to enter onto the property and remove the graffiti, in which the City shall determine the type of removal process, which may include, but is not limited to, painting out, washing of surface, pressure washing of surface, sanding or fence plank replacement. The failure of any person to receive notice from the City shall not prevent the City’s ability to remove the graffiti after seventy-two (72) hours from the date the notice was mailed.

(Sec. 1, Ordinance No. 15-11, adopted June 28, 2011)

4.35.120 Failure to Abate Graffiti.

If a property owner, beneficiary/trustee, or property manager fails to remove or request the City to remove graffiti within seventy-two (72) hours of receiving notice from the City to abate the graffiti, the City may, at its option, declare the structure or property to be a public nuisance, abate the graffiti, and charge the owner, beneficiary/trustee or property manager for the cost of abatement by invoice, and enforce the same by lien against the property. The cost of abatement shall include the cost of materials and the cost of labor to remove the graffiti.

(Sec. 1, Ordinance No. 15-11, adopted June 28, 2011)

4.35.122 Administrative Hearing.

Any person or entity wanting to contest any charge for the cost of abatement by the City for graffiti on his or her property, or property under its control, may request an administrative hearing as set forth in Section 1.5.209. The request for an administrative hearing must be submitted to the City within ten (10) days of receiving the invoice from the City for abating the graffiti.

(Sec. 1, Ordinance No. 15-11, adopted June 28, 2011)