PUBLIC PEACE
CHAPTER XI
GRAFFITI PREVENTION AND
REMOVAL
41100. Short
Title. This Chapter shall be known and
may be cited as the “Graffiti Prevention and Removal Ordinance. “ (Ord. #318,
1)
41101. Definitions. For the purposes of this Chapter:
a.
Graffiti
shall mean any writing, printing, symbol, figure, design or other inscribed
material written, sprayed, scratched, etched, engraved, or otherwise applied to
any exterior surface of a building, wall, fence, tree, sidewalk, curb or other
structure without the prior consent of the owner or person in possession
thereof.
b.
Hearing
Officer shall mean the Landscape and Building Manager or his or her successor
or such City employee or officer as shall be designated by the Landscape and
Building Manager or his or her successor.
c.
Manager
shall mean the Landscape and Building Manager for the City of West Hollywood or
his or her designee.
41102.
Graffiti Constitutes a Nuisance.
Pursuant to California Government Code Section 38771 the City Council
hereby declares the maintenance of graffiti visible from a public street or
alley to constitutes a nuisance, the abatement of which shall be provided as
set forth herein. (Ord. #318, 1)
41103.
Permitting Graffiti to Remain Prohibited. No person shall permit any graffiti which is within public view to
remain on any building, structure, tree, shrub, sidewalk or curb owned or
possessed by such person. (Ord. #318, 1)
PART 3.
SUMMARY ABATEMENT OF GRAFFITI ON PRIVATE PROPERTY BY CITY WITHOUT
CONSENT OF PROPERTY OWNER
41110.
Initiation of Abatement Proceedings.
The manager may initiate proceedings to abate any graffiti maintained
contrary to the provisions of this Chapter only after the following has
occurred:
a.
The
Manager has determined that graffiti within public view exists on particular
premises in the City;
b.
A
notice of such condition has been sent to the property owner pursuant to
Section 41106; and
c.
The
property owner has failed to either remove the graffiti or consent to its
removal by the City within the time period specified in the notice. (Ord. #318,
1)
41111.
Hearing Prior to Abatement, Notice of Hearing. Prior to the City abating graffiti on private property without
the consent of the owner, a hearing before the Manager shall be held at which
time the property owner shall be given an opportunity to be heard regarding the
proposed abatement. A notice of the
time and place of the hearing before the manager shall be sent to the property owner
not less than ten (10) days prior to the hearing. (Ord. #318, 1)
41112. Posting
and Serving Notice of Hearing
a.
The
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 and 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 or 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. (Ord. #318, 1)
41121.
Prohibition of Possession of an Aerosol Paint Can in a Public Facility. The City Manager or his designee is hereby
authorized to post a notice at appropriate locations indicating that pursuant
to California Penal Code Section 594.1 no person shall carry any aerosol can of
paint into or upon any City-owned building, grounds, park or other City
facility without the permission of an authorized City officer .
41122 – 41124.
Reserved.
PART 5.
PARENTAL LIABILITIES.
41125.
Parental Responsibility. Pursuant to Section 1714.1 (b) of the
California Civil Code, every parent or legal guardian having custody or control
of a minor who defaces property by inscribing graffiti thereon shall be jointly
and severally liable with such minor for any resulting damages incurred by the
property owner in an amount not to exceed ten thousand ($10,000.00) dollars for
each such act of defacement.
41126. Remedy Cumulative. The remedies provided in this Chapter are in addition to other
remedies and penalties available under the West Hollywood Municipal Code and
the laws of the State of California.