HomeMy WebLinkAboutAGENDA REPORT 2013 1016 CCSA REG ITEM 11B I 4—,f7o ITEM 11.B.
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ORDINANCE NO. 423
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AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
AMENDING SECTION 8.14.140 (PROHIBITION AGAINST MAINTAINING
GRAFFITI ON PRIVATE PROPERTY), OF CHAPTER 8.14 (GRAFFITI),
OF TITLE 8 (HEALTH AND SAFETY), OF THE MOORPARK MUNICIPAL
CODE AND MAKING A DETERMINATION OF EXEMPTION UNDER
CEQA IN CONNECTION THEREWITH
WHEREAS, Chapter 8.14 of the Moorpark Municipal Code identifies the need to
quickly remove graffiti from public and private property; and
WHEREAS, under Section 8.14.140, private property owners are required to
abate graffiti quickly, even in areas that are not highly visible to the general public,
including public alleys; and
WHEREAS, the City Council desires to allow more time for single-household and
two-household (duplex) residential property owners to remove graffiti when it is only
visible from public alleys, or public or private property not accessible by the general
public; and
WHEREAS, the Community Development Director has found that the proposed
Ordinance is exempt from the provisions of the California Environmental Quality Act
pursuant to Section 15061(b)(3) of the California Code of Regulations (CEQA
Guidelines) by the general rule that CEQA only applies to "projects" that may have a
significant effect on the environment. This ordinance amends the Municipal Code
provisions by increasing to 21 days the time by which graffiti from private property must
be removed in certain specified instances only where the graffiti is not highly visible to
the general public. This ordinance still requires the graffiti to be abated by the property
owner in a timely manner. No significant short-term or long-term aesthetic effect would
result from the change in timing for graffiti abatement under the limited circumstances.
In this case, it can be seen with certainty that there is no possibility that the proposed
Ordinance may have a significant impact on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council has
reviewed the Community Development Director's determination that the proposed
Ordinance is exempt from the provisions of the California Environmental Quality Act
pursuant to Section 15061(b)(3) of the California Code of Regulations (CEQA
Guidelines) by the general rule that CEQA only applies to "projects" that may have a
significant effect on the environment. This ordinance amends the Municipal Code
provisions by increasing to 21 days the time by which graffiti from private property must
be removed in certain specified instances only where the graffiti is not highly visible to
the general public. This ordinance still requires the graffiti to be abated by the property
owner in a timely manner. No significant short-term or long-term aesthetic effect would
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Ordinance No. 423
Page 2
result from the change in timing for graffiti abatement under the limited circumstances.
In this case, it can be seen with certainty that there is no possibility that the proposed
Ordinance may have a significant impact on the environment. The City Council, based
on its own independent judgment, concurs with staffs determination of exemption.
SECTION 2. Section 8.14.140 (Prohibition against maintaining graffiti on private
property), of Chapter 8.14 (Graffiti), of Title 8 (Health and Safety), of the Moorpark
Municipal Code is hereby amended as shown in Exhibit A.
SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of
this Ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council declares that it would have adopted this Ordinance
and each section, subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section, subsections, sentences, clauses,
phrases, parts or portions be declared invalid or unconstitutional.
SECTION 4. This Ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 5. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a minute of the passage and adoption thereof in the records of the proceedings of the City
Council at which the same is passed and adopted; and shall publish notice of adoption in
the manner required by law.
PASSED AND ADOPTED this 16th day of October, 2013.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A: Amendment to Section 8.14 of the Moorpark Municipal Code
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EXHIBIT A
Title 8 Health and Safety
Chapter 8.14 Graffiti
8.14.140 Prohibition against maintaining graffiti on privately owned property.
A. It is unlawful for the owners and/or persons in possession of privately owned
property to permit graffiti . . • - • - . • . - - -- - - - e•••- - .••public—right-of-way within the city to remain on such property for more than
(72) hours five (5) days after written notice from the city is served to remove the same,
except as provided in subsection B, below.
B. It is unlawful for the owners and/or persons in possession of property used for
a single-household or two-household (duplex) residence to permit graffiti to remain on
such property for more than twenty-one (21) calendar days after written notice from the
city is served to remove the same where graffiti thereon can only be seen from a public
alley or from public or private property not accessible by the general public,
BC. When paint is used to cover graffiti on private property, paint matching the
original surface color of the damaged item shall be utilized.
D. Written notice pursuant to this chapter is served and complete at the time of
deposit of a copy of the notice in the U.S. mail or when personal service of the notice is
effectuated.
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