ORDINANCE NO. 1769
AN ORDINANCE OF THE CITY OF MANHATTAN BEACH,
CALIFORNIA, AUTHORIZING THE USE OF CITYY FUNDS TO
REMOVE GRAFFITI FROM PUBLIC OR PRIVATLEY OWNED
PERMANENT STRUCTURES PURSUAN TO SECTION 53069.3
OF THE GOVERNMNET
CODE.
WHEREAS, the City of Manhattan Beach desires to establish a City-wide Graffiti Removal Program to include both public and privately owned property; and
WHEREAS, the existence of graffiti upon public and privately owned structures within the City of Manhattan Beach constitutes an obnoxious nuisance;
NOW, THEREFORE, THE COUNCIL OF THE
CITY OF MANHATTAN BEACH, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. That the City may appropriate money from
the general fund to use to remove graffiti or other inscribed material from
public or privately owned permanent structures located on public or privately
owned real property within the City.
SECTION 2. That such removal will be performed only
after the Director of Public Services makes a finding that the graffiti or
other inscribed material is obnoxious, and, in the case of a publicly owned
structure, only after securing the consent of the public entity having
jurisdiction over the structure, and in the case of privately owned structure,
only after securing the consent of the owner or the authorized agent of the
owner.
SECTION3. That this ordinance authorizes only the removal of graffiti or
other inscribed material itself, and not the painting or repair of a more
extensive area.
SECTION 4. This ordinance shall go into effect and be in
full force and operation from and after thirty days after its final passage and
adoption.
SECTION 5. The City Clerk shall certify to the passage
and adoption of this ordinance; shall cause the same to be entered in the book
of original ordinance of said City; shall make a minute of the passage and
adoption thereof in the records of the meeting at which the same is passes and
adopted; and shall within fifteen days
after the passage and adoption thereof cause the same to be published once in
the Beach Reporter, a weekly newspaper of general circulation, published and
circulated within said City of Manhattan Beach and which is hereby designated
for that purpose.
53069.3 Use of
public funds to remove graffiti from public or privately owned structures
A city or county may enact an ordinance to provide for the use of city or county funds to remove graffiti or other inscribed material from public or privately owned permanent structures located on public or privately owned real property within such city or county.
Such removal may be performed only after a finding by the City or county that the graffiti or other inscribed material is obnoxious, and, in the case of a publicly owned structure, only after securing the consent of the public entity having jurisdiction over the structure, and in the case of a privately owned structure, only after securing the consent of the owner.