AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WESTLAKE VILLAGE ADDING CHAPTER 7
TO ARTICLE IV OF THE WESTLAKE VILLAGE MUNICIPAL CODE REGARDING GRAFFITI
THE
CITY COUNCIL OF THE CITY OF WESTLAKE VILLAGE DOES HEREBY ORDAIN AS FOLLOWS:
Section
1. Chapter 7 is hereby added to Article IV of the Westlake Village Municipal
Code to read as follows:
CHAPTER
7 – GRAFFITI
4700.
Title. This Chapter of the Westlake Village
Municipal Code shall be know as the “Graffiti Removal Ordinance.”
4701.
Intent
and Purpose. The City Council finds
that graffiti on private or public property constitutes a nuisance and blight
upon the City. Government Code Section
53069.3 authorizes the City to remove graffiti or other inscribed
material. It is the intent of the City to
remove graffiti as quickly as possible because doing so maintain community
property standards and discourages other acts of graffiti and/or other
malicious vandalism.
4702.
Definitions.
A.
Broad
tipped marker” shall mean an indelible marker with a tip that exceeds four
millimeter in width.
B.
“Defacement”
shall mean the intentional altering of the physical shape or physical
appearance of property without permission of the owner of the property.
C.
“Graffiti”
shall mean any unauthorized painting, marking, symbol, design, inscription, or
other defacement that is written, drawn, sprayed, painted, marked, etched,
scratched, engraved with any paint, aerosol paint, indelible marker, chalk,
ink, dye or other substance capable of defacing property.
D.
“Indelible
marker” shall mean any marker, pen or similar implement which contains a fluid
which is not soluble in water and has a flat, pointed or angled writing
surface.
E.
“Responsible
adult” shall mean a parent or guardian of an individual under the age of 18
years of age. A responsible adult may
also include an agent of the parent of guardian, provided said agent is over
the age of 18.
4703.
Prohibition
of Defacement/Graffiti. It shall be unlawful for any person to apply graffiti
to any wall, rock, street, bridge, building, fence, gate, structure, tree, or
other real or personal property, either publicity or privately owned, without
the permission of the owner, lessee or operator of such property.
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 applying graffiti
shall be jointly and severally liable with such minor for any damage resulting
from the application of the graffiti in an amount not to exceed ten thousand
dollars ($10,000).
4704.
Prohibition
Against Permitting Graffiti to Remain.
No person shall permit any graffiti that may be viewed from the public
right of way to remain on any building, structure, tree, shrub, sidewalk, curb,
or any other property owned or possessed by such person.
4705.
Removal. Any person applying graffiti within the City
shall have the duty to remove the graffiti in a manner approved by the City
within 24 hours after notice by the City or the public or private owner of the
property involved. Failure of any person
to so remove graffiti shall constitute a continuing violation of the Municipal
Code.
4706.
Sale
of Broad Tipped Markers to Minors. It
shall be unlawful for any individual to sell, offer to sell or cause to be
sold, any broad tipped marker to any person under the age of 18 years who is
not accompanied by a parent or guardian.
4707.
Possession
by Minors. It is unlawful for any individual under the age of 18 years who is
in a public place or upon private property, without the consent of the owner,
tenant or operator thereon, and who is not accompanied by a responsible adult,
to possess a broad tipped marker.
4708.
Signs
required. Any person engaged in the
retail sales of aerosol or pressurized containers of paint must display at the
location of retail sale a sign clearly visible and legible to employees and
customers which states as follows: “It is unlawful to sell an aerosol container
of paint that is capable of defacing property to a person under the age of 18
years. It is also unlawful for any
person under the age of 18 years to purchase an aerosol container of paint that
is capable of defacing property.”
Any
person engaged in the retail sale of broad tipped markers must display at the
location of retail sale a sign clearly visible and legible to employees and
customers which states as follows: “It is unlawful to sell a broad tipped
marker to any person under the age of 18 years who is not accompanied by a
responsible adult.”
4709.
Graffiti
Declared a Nuisance. The existence of
graffiti that may be seen from the public right of way is expressly declared to
be a public nuisance. It shall be the
duty of both the owner of the property to which the graffiti has been applied,
and any person who may be in possession or who has a right to possess such
property, to at all times keep such property clean and free from graffiti.
4710
Removal from Public Property. Whenever
the City Manager determines that graffiti has been applied to property owned by
the City of Westlake Village, the graffiti shall be removed as quickly as
feasible.
If
the City Manager determines that graffiti has been applied to public property
within the City of Westlake Village that is not owned by the City, then the
City Manager may use City resources to remove the graffiti provided that the
City Manager receives the consent of the public entity that owns the property
and the City Manager determines that the graffiti is obnoxious and may
adversely affect property values in the City of Westlake Village.
4711.
City Removal from Private Property with the Owner’s Consent. Whenever the City Manager determines that
graffiti has been applied to private property within the City of Westlake
Village, then the City Manager may use City resources to remove the graffiti
provided that the City Manager obtains the consent of the private property
owner and the City Manager determines that the graffiti is obnoxious and that
it is in the interest of the City of Westlake Village to remove such graffiti
through the use of City resources.
4712.
Notice
of Graffiti Nuisance. Whenever the City
Manager determines that graffiti is being maintained upon any private property
in violation of this Chapter, the City Manager may issue a written notice and
order to abate the graffiti. The notice
shall be issued to the owner of the property and shall inform the owner that
the owner is maintaining graffiti which constitutes a public nuisance and that
maintenance of the graffiti is a violation of the Westlake Village Municipal
Code. The notice shall state that the
graffiti must be removed within ten days from the date of the notice and that
if the graffiti is not removed within that time, then the City proposes to
remove the graffiti and the costs of such removal, if not paid by the owner,
shall be made a lien upon the property.
The
notice shall also inform the property owner that if the graffiti is not removed
within the specified ten day period, then a hearing shall be held before the
City Manager, or the City Manager’s designee, to hear any protest of the
property owner. The notice shall
specify the time and place at which the City Manager, or the City Manager’s
designee, shall hold such hearing pursuant to Section 4714 of this
Chapter. Such hearing shall be
scheduled not less than ten days after the date of the notice.
The
City Manager may extend the time period allotted for abatement of the graffiti
if the City Manager determines that compliance within the time specified in
the notice would place an undue burden
on the property owner.
4713.
Delivery
of Notice. The notice issued pursuant
to Section 4714 shall be addressed to the owner of the property as shown on the
latest tax assessment roll at the owner’s last known address and shall be
delivered by depositing a copy of the notice in the United States mail, postage
paid, or personally delivering a copy of the notice to the owner. Notice shall also be posted in a conspicuous
place on the subject property.
The
failure of any person to receive notice shall not affect the validity of any
proceeding under this Chapter.
4714.
Hearing
and Decision. Before abatement of any
graffiti, the City Manager, or the City Manager’s designee, shall hold a
hearing regarding the proposed abatement to determine whether the graffiti
constitutes a public nuisance and whether abatement is appropriate.
The
hearing officer shall receive and consider all relevant evidence presented at
the hearing. Any interested person
shall be given an opportunity to be heard.
4715.
Notice
of Decision and Order to Abate. The
hearing officer shall provide notice of the hearing officer’s decision and
shall provide an order to abate the graffiti, if appropriate, to the owner of
the subject property as shown on the latest tax assessment roll in the manner
provided in Section 4713.
4716.
Abatement. The City Manager may order that the City
abate any graffiti that has been determined to be a public nuisance and that
remains unabated at least seven days after the hearing officer gives notice of
the hearing officer’s decision and issues an order to abate under section 4715
of this Chapter.
4717.
Cost
of Abatement. The City Manager shall
keep an account of the costs, including incidental expenses, of abating such
graffiti on each separate property where the work is done and shall render an
itemized report in writing to the City Council showing the cost of abatement of
the graffiti. The term “incidental
expenses” shall include but is not limited to the actual expenses and costs of
the City in the preparation of notices, title searches, specifications and
contracts, inspection of the work, the cost of printings and mailings required
under this Chapter, any attorney’s fees expended in the abatement of the
nusiance, all costs and expenses for which the City may be liable under State
law arising from or related to the nuisance abatement action, and all costs or
expenses to which the City may be entitled under State law. Costs and expenses for which the City may be
reimbursed begin in accrue at the time the City first receives a complaint
regarding the graffiti. Costs and
expenses may be recovered once it has become necessary for the City to conduct
an abatement hearing.
The
City Manager shall notify, in writing, the owner or possessor of the property,
upon which graffiti has been abated by the City, of the cost of said abatement
in accordance with Section 38773.1 of the Government Code. Within ten (10) days of the mailing of such
notice, any such party concerned and any other person having any right, title,
or interest in the property, may file with the City Clerk a written request for
a hearing on the correctness, reasonableness or both of such claim of abatement
costs. The City Manager shall then
cause notice of the time and place of the hearing before the City Council to be
given to the owners and possessors of the property, and to any other interested
person requesting the same by United States Mail, postage prepaid, addressed to
the person at his/her last-known address at least five (5) days in advance of
the hearing.
At
the time and place fixed for receiving the report, the City Council shall hear
and pass upon the report of the City Manager together with any objections or
protests raised by any of the persons liable for the cost of abating the
nuisance. Thereupon, the City Council
shall make such revision, correction and modification to the report as it may
deem just, after which the report as submitted, or as revised, corrected or
modified, shall be confirmed. The
decision of the City Council is final.
4718.
Lien. If the total cost of the abatement of the
graffiti by the City is not paid to the City in full within ten 910) days after
the date of the notice of the cost of the abatement, the City Clerk shall
record, in the office of the County
Recorder, a statement of the total balance due to the City, a legal
description of the property, and the name of the owner concerned. From the date of such recording, the balance
due will constitute a lien on the property.
The lien will continue in full force and effect until the entire amount
due, together with interest at the maximum legal rate accruing from the date of
the completion of the abatement, is paid in full.
4719.
Charges
to be Billed on Tax Bill. The City may
also, in accordance with the provisions of the laws of the State of California,
cause the amount due to the City by reason of its abating graffiti together with
interest at the maximum legal rate, accruing from the date of the completion of
the abatement, to be charged to the owners of the property, on the next regular
tax bill. All laws of the State of
California applicable to the levy, collection and enforcement of City taxes and
County taxes are hereby made applicable to the collection of these charges.
4720. Court Action. The City Council may bring appropriate actions, in a court of competent jurisdiction, to collect any amounts due by reason of the abatement of graffiti by the City and to foreclose any existing liens for such amounts. Notwithstanding the provisions of this Chapter, the City may bring the appropriate civil and criminal action in a court of competent jurisdiction for abatement of any nuisance within the City pursuant to any other provision of the law.