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HomeMy WebLinkAboutAGENDA REPORT 1993 0707 CC REG ITEM 11Fre DA The Ordi pair juri obj( in The maki (unc of c AGENDA REPORT CITY OF MOORPARK Honorable City Council Diary K. Lindley, Assistant July 2, 1993 ITEM ,1• ;:9 MOORPAW. CAUFORN A City Cound ~ng of -I" 7 199 ^�? ACWN: B,,. `^ to the City Manager i ,x Consider the Graffiti Ordinance drafted by the Ventura Council of Governments Ventura Council of Governments drafted the attached Graffiti lance for consideration by each member agency, since aerosol t and broad tipped markers can be purchased in each sdiction and taggers often cross jurisdictional boundaries, the ctive of the draft Graffiti Ordinance is to provide uniformity urisdictions' attempts to discourage and eradicate graffiti. idea being that if each jurisdiction enforces a policies of ng spray paint and wide blade makers difficult for minors er 18 years of age) to purchase, they have a much better chance ecreasing incidents of graffiti. VCOC 's draft ordinance is meant to be a starting point. Individual age ies are welcome, if not encouraged, to adopt more stringent ordinances that better reflect the needs and concerns of their individual communities. The significant sections of the draft ordinance include: Removal of Graffiti by C-itv--Without Consent of the Pronertv owner - In regards to private property, the City Manager would be authorized to initiate graffiti removal once the following has occurred: 1) it has been determined that graffiti exists in the public view, 2 ) a notice of the condition has been sent to the property owner, and 3 ) the property owner has failed to respond within the specified time period. Assessment of Abatement Costs - The cost to the City to perform graffiti abatement on private property shall be assessed against the property owner. Parental Responsibility - Every parent or legal guardian having custody or control of a minor who defaces property with graffiti, shall be jointly liable for resulting damages in an amount not to exceed $10,000. Gra fiti Ordinance Jul 1, 1993 Pag 2 Sale of Aerosol Spray Cans and Wide Blade Markers - It is unlawful for any person to sell or permit to be sold any aerosol spray can capable of defacing property, or wide blade markers to any person under the age of 18 years old. Display of Aerosol Spray Paint and Wide Blade Markers - It is unlawful for any business to display aerosol spray paint or wide blade markers from any self- service or self -help shelf that is not secured in such a manner as to prevent the removal without the assistance of business personnel. Possession of Aerosol Spray Paint and Wide Blade Markers - It is unlawful for any person under the age of 18 years old to possess any aerosol spray paint or wide blade marker while on any public highway, street, alleyway, park, playground, or other public place. Reward - The City may pay a reward to any person who provides information that leads to arrest and conviction of any person who applies graffiti to any public or private property. The Council may wish to consider other measures such as providing fred or lower cost graffiti removal, responsibility for graffiti rem al on property owned by other public agencies, or a graffiti hot-line. In addition Council may wish to adopt a less stringent ordinance, one that would require spray paint or wide blade markers to te displayed in a location that would require assistance but not necessarily a locked case, and /or hold parents or guardian resloonsible only if they knowingly permit a minor to possess spray pai t or wide blade markers. In Moorpark, graffiti removal is the responsibility of the Public Works Department, except in parks and facilities when it can be removed with a solvent. Graffiti removal usually consists of pairting over the area with an off -white or light tan colored water base paint, or sandblasting. The City staff takes action to remove graffiti within 48 hours of notice when the graffiti is on City or private property within public view. If the graffiti is on private pror.erty, the City obtains written permission from the property owner before removing the graffiti. If permission can not be obtained, the City does not proceed with removal. The Public Works Dep rtment estimates that it responds to 1,040 graffiti incidents ann lly and spends approximately 700 worker -hours removing gra fiti per year. Dirgct staff as deemed appropriate. ORDINANCE NO. 93 -xxx AN ORDINANCE OF THE CITY OF RELATING TO THE REMOVAL OF GRAFFITI AND AMENDING ']'HE MIJNTCIPAL CODE 'IHE CITY COUNCI:I, Of•' 11111 F' CITY ()I.' HERE Y ORDAIN AS FOLLOWS: DOFS Section _1. Article _ of the _ __ Municipal Code is hereby amended by adding a new Chapter ___ to react: CHAPT:R GRAFFITI REMOVAL 4110 . Short Title. This Chapter of the Muni ipal Code may be referred to as the "Graffiti Removal Ordi ance" of the City of 4110?. Declaration of Graffiti as a_Public Nuisance. The City Coun it of hereby finds and declares that main - tena ce of graffiti on public and private properties within publ Lc view is obnoxious and constitutes a public nuisance, the abat ment of which shall be provided as set forth herein. 4110 Definitions. For the purpose of this Chapter, unless othe wise apparent from the context, certain words and phrases used in this Chapter are defined as follows: (a) "Defacement" shall mean the intentional altering of the physical shape or physical appearance of property. (b) "Graffiti" shall mean any painting, marking, symbol, design, inscription or other defacement which is written, sprayed, painted, scratched, etched, engraved, placed with an indelible marker or otherwise applied to the real or personal property of another without the prior consent of the owner or person in possession thereof. (c) "Wide blade marker" shall mean any marker, pen or similar implement which contains a fluid which is not soluble in water, or which cannot be removed with water after drying, and has a flat, pointed or angled writing surface of a width of four. (4) millimeters or greater. (d) "Responsible adult" is a parent or guardian of an individual under eighteen (1) years of age and includes an agent of the parent or guardian, provided said agent is over the age of- eighteen ( l £3) . 411.0 Purpose. The purpose -)t this Chapter is to provide for the rompt abatement of (3r. of f i t i t rom, public and private proper- ties in the Citv and to requ 1 ,ttr, c t)e t I e and nos se> : i On of n .Ict" O: :t'.il 1 : . . i'.:I1;)r . 4110! shalt on ar or p4 411.0 When that in v or h pons that to t rol 1 noti cons the 4110' �. Permitting Graffiti to Remain Prohibited. No person permit any graffiti which is within public view to remain ry building, structure, tree, shrub, sidewalk or curb owned >ssessed by such person. Notice to owners or Possessor�r__of. Pr_ivate._Pro erty. ver the City Manager, or his or her ; :esi.gnee, determines graffiti is being maintained upon ,iny premises with the City olation of Section 41005 of this Chapter., the City Manager, s or her designee, shall send written notice to the owner or ssor of the premises of such condition and shall require the graffiti be removed. The notice and order shall be sent e owner as shown on the most recent: eaua 1 i zed assessment and a copy shall be posted on the subject property. The e shall state that the owner must remove the graffiti or nt to its removal by the City within fourteen (14) days from ate the notice was mailed. Removal. (a) Property Owner's Consent to Remove. Whenever the City Manager, or his or her designee, determines that graffiti is located on public or private property so that graffiti may be viewed by a person using any public right -of -way or other public property, the City Manager, or his or her designee, is authorized to provide for and use public funds, if necessary, to remove graffiti upon the following conditions: (1) Public Property. Whenever the City Manager or his or her designee determines -hat graffiti exists upon property owned by the City of it shall be removed as soon as possible. When the property is owned by a public entity other than the City of _. the removal of the graf- fiti is authorized after securing written consent of the public agency having jurisdiction over the property. (2) Private Property. Where the subject property is privately owned, the removal. of graffiti is authorized after the City Manager, or his or her designee, secures the written consent of the owner of the property and t:;;e owner executes a release and waiver approved as to form by the City Attorney. (3) The graffiti shall be removed as authorized herein, but the removal shall not involve the painting or repair of i more extensive area than is necessary f or :,uch removal- (b) R -M va_l _by City without-_ Consent - of__.nroperty_Owner. The City M�rnager miry i n ! t- i .It'' i ngs, to any graffiti maintained contrary to the provisions of this Chapter only after the following has occurred: (1) The City Manager has determined that graffiti within public view exist, on particular premises in the City; (2) A notice of such condition has been sent to the property owner pursuant to Section 41006; and (3) The property owner. has ,-ailed to either remove the graffiti or consent to its removal by the City within the time period �,c)ecif ied in the notice. 4110 . Hearing Prior to Abatement,,__Notice of Hearing.. Prior to t e City abating graffiti on private property without the cons nt of the owner, a hearing before the City Manager or his or her cesignee shall be held, at which time the property owner shall be given an opportunity to be heard regarding the proposed abat ment. A notice of the time and place of the hearing before the ity Manager or his or her designee shall be sent to the prop rty owner not less than ten (10) days prior to the hearing. 41101. Posting and Serving Nptice._of Hear.ina. (a) The City Manager shall cause to be served upon the owner as shown on the latest equalized tax assessment roll of the affected premises a copy of said notice and shall cause a copy thereof to be conspicuously posted on the affected premises. (b) Said notice shall. be posted ind served, as aforesaid, at least ten (10) days before the time fixed for such hearing; proof of posting and service of such notice shall be made by declaration under penalty of perjury filed with the hearing officer. (c) The failure of any person to receive the notice shall not affect the validity of- any proceedings under this Chapter. 4111 . Conduct of Hearing. The hearing to determine whether a nuis nce exists shall be conducted by the City Manager or his or her ul y authorized representative as the hearing officer. At the earing, the hearing officer shall receive and consider all rele ant evidence. Any interested person shall be given a reas nable opportunity to be heard in conjunction therewith. Base upon the evidence so presented, the City Manager shall dete mine whether a nuisance wi.thi.n the meaning of this Chapter exis s. 4111 Order .oi_Abatement. t�'ithin ten (lU) clays after. the hear. nq, the City Manager, or. his or- Jesignee, shall give written notice of the deci ;ion to the owner .'r. f to 'inv other person I requ not of t char graf for as a of t f i I i ten the 411.1 appez the c upon utili City here: of a City abat( the the prem: the 411.1 requ such to t sting the same. If a nuisance is determined to exist, the e shall contain an order of abatement directed to the owner e affected property or the person in the control and /or e of the property, and shall set forth the nature of the iti, its location on the premises and the time and manner is abatement. The City Manager may impose such conditions e reasonably necessary to abate the graffiti. The decision e City Manager may be appealed to -he City Council by the g of a written request for appeal with the City Clerk within 10) days after the Citv Manager's notice of the decision to wner. Abatement_. If the Citv Hanaaer's decision is not led and the nuisance is not abated within the time set by rder of abatement, the City Manager is authorized to enter the premises and to abate the graffiti nuisance through zation of labor, equipment and materials as directed by the Manager. The graffiti shall be removed as authorized n, but the removal shall not involve the painting or repair more extensive area than is necessary for such removal. The Manager shall then prepare a statement of the fact of such ment and of the expense incurred in abatement and shall file tatement with the City Clerk. Such statement shall identify remises and state the cost of the action taken. If the ses include more than one lot, each separate lot, or all of ots may be set forth in the same statement. t. Assessment of Cost. Upon completion of the work .red to abate the graffiti, the cost to the City to perform work shall be assessed against the property owner pursuant ie procedures set forth in the Buildinq Code of the City of 4111 . Parental Responsibility. Pursuant to Section 1714.1(b) of t e California Civil Code, every parent or other legal guar ian having custody or control of a minor who defaces prop rty by inscribing graffiti thereon shall be jointly and seve ally liable with such minor for any resulting damages incu red by the property owner, or any other person, in an amount not o exceed Ten Thousand Dollars ($10,000) for each such act of defa ement and for all attorneys fees and court costs incurred in Conn ction with the civil prosecution for damages. 41115. Sale of Aerosol Paint __ray_ Cans and Wide Blade Ma_r.k rs to Minors Prohibited. I:t is unlawful for any person to sell exchange, give, or loan, or cause or permit to be sold, exch nged, given or loaned, any aerosol spray can containing any subs ante capable of defacing property, commonly known as paint, or ahy wide blade marker capable of defacing property to any pens n under the age ofd eighteen ( ! 8 ) years in the City of 4111 doinc spra, COMM detac shell mann( wide 411.1 City any prom sign in w pers eigh mark Unsecured Display of Aerosol. Paint Spray Cans and Blade Markers Prohibited. It is unlawful for any person business in the City of to display any aerosol can containing any substance cap,-ibl.e of defacing property, )nl.y known as paint, or any wide blade marker capable of :inq property, for sale from any self-service or self -help counter or other dispenser that is not secured in such !r as to prevent the removal of any such aerosol spray can or blade marker without the assistance of business personnel. Signs_ Required. Any person doing business in the of _ __ displaying, selling or otherwise providing )f the substances referred to in Section •t 111( shall nently display at the location or sale and /or delivery a s) clearly visible to employees and customers which states 'iting, in both English and Spanish, "It is unlawful for any >n to sell, lend, or give to any individual under the age of :een (18) years, aerosol spray paint cans or wide blade ors." 4111 . Possession of Aerosol Paint Spray Can and /or wide Blad Marker by Minors Prohibited. It is unlawful for any person unde the age of eighteen (18) years to have in his or her poss ssion any aerosol spray can containing any substance capable of d facing property, commonly known as paint, or wide blade mark r, while upon any public highway, street, alleyway, park, play round, vacant property or other public place, whether such mino is or is not in any automobile, vehicle of other cony vance. 411.1 . Reward. The City of may pay to any pers n who provides information which leads to arrest and cony ction of any person who applies graffiti to any public or priv to property in the City visible to the public a reward as esta lished by City Council resolution. The amount of any reward paid pursuant to this Section may be sought from the person arr.e ted and convicted as restitution in addition to any other rest tution associated with the removal of graffiti. 4112 . Remedy Cumulative. The remedies provided in this Chap er are in addition to other remedies and penalties available unde the Municipal. Code and the laws of the State of C lifornia. PASSED, APPROVED and ADOPTED this day of , 1993. AYE'S[ NOES ASST IN: ABBE T: