ORDINANCE NO. 205 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA CANADA FLINTRIDGE ADDING CHAPTER 4.40 TO THE LA CANADA FLINTRIDGE MUNICIPAL CODE RELATING TO GRAFFITI ABATEMENT 

The City Council of the City of La Canada Flintridge does hereby ordain as follows: 

SECTION 1. Chapter 4.40 is hereby added to the La Canada Flintridge Municipal Code to read as follows:I

 Chapter 4.40

Graffiti Abatement 

Section 4.40.010  Definitions. 

(a) Graffiti. For the purpose of this Chapter, the term "graffiti" shall mean any inscription, word, marking, drawing, figure, writing or design, which has been marked, placed, etched, scratched, drawn, painted or otherwise applied to any real property or structure located within the City without the expressed consent or prior knowledge of the affected property owner. 

(b) Graffiti Activity. For the purpose of this Chapter, the term "graffiti activity" shall mean the act or process of applying graffiti to any real property or structure located within the City. 

(c) Affected Property Owner. For the purpose of this Chapter, the term "affected property owner" shall mean the owner, renter, lessee, caretaker or other person or entity authorized and responsible for the care and maintenance of the property upon which graffiti has been applied. 

(d) Real Property. For the purpose of this Chapter, the term "real property" shall mean all portions of a lot or parcel excluding that portion subject to the right‑of‑way owned by the City which is developed for right‑of‑way purposes. Real property includes all objects located on such portion of the lot or parcel, whether natural or man‑made, including, without limitation, walls and fences, trees and other landscaping, and pavement for sidewalks or patios. 

(e) Structure. For the purpose of this Chapter, the term "structure" shall mean and include all objects which are man‑made, whether affixed to the ground or not, including, without limitation, buildings, street furniture, light posts, street paving, sidewalks, and vehicles. A structure may be located on real property or within the public right‑of‑way. 

Section.4.40.020 Graffiti Activity Prohibited. 

It shall be unlawful for any Person to engage in graffiti activity. 

Section 4.40.030 Graffiti Removal by Violator. 

(a) Any person engaging in graffiti activity shall be responsible for the removal and/or elimination of the graffiti within 24 hours after notice by the City and/or affected property owner. Failure of any person to so remove graffiti shall constitute an additional violation of this Chapter. 

(b) Pursuant to Civil Code Section 1714.1. when a minor has engaged in the graffiti activity, such conduct shall be imputed to the parent or guardian having custody and control of the minor, and such parent or guardian shall be responsible for all such actions to the extent permitted by law.  

Section 4.40.040                      Declaration of Obnoxious Graffiti 

The City Manager may declare that graffiti, placed upon any real property or structure located within the City is obnoxious if he/she determines that the graffiti could have an adverse impact on the public health, safety or welfare or could adversely affect property values.  

Section 4.40.050                      Use of City Funds to Remove Obnoxious Graffiti. 

The City Manager is authorized to expend City funds for the removal of graffiti from any real property or structure located within the City, once he/she has declared the graffiti to be obnoxious and written permission has been obtained from the affected property owner to remove the graffiti. Such authorization shall extend only to the removal of the graffiti itself, and not to the painting or repair of a more extensive area. This section shall not be construed to preclude the affected property owner's responsibilities, as defined elsewhere in this Chapter, to remove graffiti. 

Section 4.40.060                      Obnoxious Graffiti Removal by Affected  Property Owner. 

Whenever the City Manager has declared graffiti to be obnoxious, notice shall be given to the affected property owner to remove the graffiti within a period of three (3) days following the written date of the notification. The notice shall set forth a description of the condition(s) constituting the obnoxious graffiti and the action(s) needed to correct the condition(s), and (shall further state that if such action(s) are not taken within the time provided in the notice, or a request for hearing is filed pursuant to this Chapter, such failure shall constitute a violation of this Chapter. 

Section 4.40.070                      Declaration and Removal of Graffiti Nuisance by City. 

Whenever an affected property owner is non‑responsive, unwilling, unable or fails to eliminate, within the time-frame as provided in Section 4.40.060, the conditions which constitute obnoxious graffiti, the City Manager may declare the property to be a "graffiti nuisance" and the City may take any and all actions necessary to eliminate the nuisance. 

Section 4.40.080  Hearing 

(a) If within three (3) days of the date of written notification requiring the removal of obnoxious graffiti, the affected property owner files a written request for hearing, the City Manager shall set the matter for hearing before himself/herself. The hearing shall be held as soon as practicable. 

(b) At the hearing, the City Manager shall hear and consider all relevant evidence, objections and protests, and shall receive testimony from the affected property owner and City personnel relative to the issues. Upon conclusion of the hearing, the City Manager shall determine whether the condition(s) constitutes obnoxious graffiti, and, if so, what action(s) are necessary to correct the condition(s) and when such action(s) shall be taken. Written notice of such determination shall be given to the affected property owner. Failure to take such corrective action(s) within the time allotted shall constitute a violation of this Chapter. 

Section 4.40.090                      Costs of Removal

All costs incurred by the City in abating a graffiti nuisance shall be reimbursed by the person creating, causing committing or maintaining the graffiti, and shall be a lien against the property on which it is maintained and a personal obligation of the affected property owner and the property owner of record. The city may pursue reimbursement from all or any of such sources, as it determines in its sole discretion. In establishing such lien, the City shall comply with the procedures set forth in Sections 4.32.100 and 4.32.110 of this Code, as enacted by ordinance No. 117. L  

SECTION 2:                Severability. If any provision of this Chapter as herein enacted or hereafter amended, or the application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions or applications of this Chapter (or any section or portion of section hereof), which can be given effect without the invalid provision, or application, and to this end, the provisions of this Chapter are, and are intended to be, severable. 

SECTION 3:                Publication. This ordinance shall take effect thirty (30) days after its adoption. The City Clerk shall certify to the same and cause it to be published within 15 days following its adoption in the La Canada Valley Sun, a newspaper of general circulation in the City of La Canada Flintridge and hereby designated for that purpose.  

PASSED, APPROVED AND ADOPTED THIS 28th DAY OF October , 1991 

                                                                                                ________________________________

MAYOR

ATTEST: 

__________________________________

CITY CLERK