CHAPTER
8.49
GRAFFITI
ABATEMENT
Sections:
8.49.010 Definitions
8.49.20
Graffiti
prohibited
8.49.21
Notice
of property owner
8.49. 040
Abatement of
graffiti
8.49.50
Sole
remedy
8.49.010 Definitions.
As
used in this chapter: “Graffiti” means any writing, painting or inscription
which would be punishable as vandalism pursuant to Section 594 of the Penal
Code of the State of California if maliciously placed or applied by any person
to a building or structure, other than by the owner of the building or
structure. “Notice” means a written or
telephonic communication.
“Receipt”
means actual notifications to the owner or occupant of the affected property or
posting of a written notice on a conspicuous place on the affected property.
(Ord. 537 1 (part), 1991)
8.49.020 Graffiti prohibited.
It
is unlawful for any person to permit or suffer any graffiti or other defacement
by paint, other liquids or other means of inscription to remain on any building
or structure whether publicly or privately owned upon any lot or parcel of land
under their ownership, custody or control. (Ord. 537 1 (part), 1991
8.49.20
Notice to property owner
The
city shall provide notice to any property owner upon his or her building or
structure, wall, fence, pavement, or walkway upon which any graffiti, including
paint, ink, chalk, dye or similar marking substances is allowed to remain that
this condition is illegal and should be abated within twenty-four hours of
receipt of the notice. (Ord. 537 1 (part), 1991)
8.49.040 Abatement of graffiti.
If
graffiti is not abated within twenty-four hours from receipt of the notice
provided for in Section 8.49.030, the city manager or his or her designee is
expressly authorized to enter upon the premises for the purpose of abating said
graffiti with city equipment and city personnel or with contract equipment and
contract personnel. (Ord. 537 1 (part), 1991)
8.49.050 Sole remedy
Violation of this chapter by any property owner shall not be considered a misdemeanor nor an infraction and the sole remedy for violation hereof shall be the abatement procedure set forth in Section 8.49.040. (Ord. 537 1 (part), 1991)