AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING THE CODE OF THE
CITY OF VERNON, CALIFORNIA 1959 BY AMENDING SECTION 12A.2 AND ADDING SECTIONS
12A.3 TO 12A.19 TO CHAPTER 12A OF SAID CODE RELATING TO GRAFFITI AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH, SPECIFICALLY ORDINANCE
NO. 896
WHEREAS,
graffiti on public and private property has increased within the city limits of
the City of Vernon; and
WHEREAS,
said graffiti is and has been visible to people utilizing the public right of
way; and
WHEREAS,
citizens of the City of Vernon have complained that the graffiti and other
inscribed material is and was obnoxious and constitutes a public nuisance.
NOW,
THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS FOLLOWS:
SECTION
1. That the City Council of the City of Vernon hereby finds and determines that
the recitals contained hereinabove are true and correct.
SECTION
2. The City Council of the City of Vernon hereby amends Section 12A.2 and adds
Sections 12A.3 to 12A.19 to Chapter 12A of the Code of the City of Vernon,
California 1959 to read as follows:
Sec.
12A.2 Nuisance Declared.
A
building, or structure, or sign that is marked or defaced with spray, paint,
dye, or like substance, or other inscribed material in a manner commonly
described as graffiti on public or private property as to be capable of being
viewed by a person utilizing any public right of way in this city, be this
road, parkway, alley, or otherwise, for a period of time longer than ten (10)
days, is hereby declared to be a nuisance.
Sec.
12A.3 Party concerned.
As
used in this Chapter, “party concerned” means the person, if any, in real or
apparent charge and control of the premises involved, the record owner, the holder
of any mortgage, trust deed or other lien or encumbrance of record, the owner
or holder of any lease of record, the record holder of any other estate or
interest in or to the building or structure, or the land upon which it is
located. As used in this section, all
reference to “record” means matters of record in the Department of
Registrar-Recorder of Los Angeles County which definitely and specifically
describes the premises involved.
Sec.
12A.4 Graffiti Appeals Board.
In
order to hear appeals provided for in this chapter, there shall be and is
hereby created a Graffiti Appeals Board.
The City Council shall be the Graffiti Appeals Board.
Sec.
12A.5. Determination by Director of Community Services.
Whenever
the Director of Community Services determines by inspection that graffiti or
other inscribed material is so located on public or private as to be capable of
being viewed by a person utilizing any public right of way in this City, be
this road, parkway, alley, or otherwise, the Director of Community Services
shall order the abatement of the nuisance by removal of the graffiti or other
inscribed material in accordance with the following procedures unless the owner
of the property consents to the removal by the City of the graffiti or other
inscribed material and executes such document as the City may provide relative
to the removal of the graffiti or other inscribed material, then the Director
of Community Services is authorized to provide for the removal of the graffiti
or the inscribed material. If the
Director of Community Services provides for the removal of the graffiti or
other inscribed material, he shall not authorize nor undertake to provide for
the painting or repair of any more extensive area than that where the graffiti
or other inscribed material is located.
Sec.
12A.6 Informal notice.
The
Director of Community Services, in
addition to any other notices hereafter required by this chapter, may give to
the occupants of the public or private property, and to any other person whom
he deems should be notified, information concerning the provisions of this
chapter, any violation thereof, how the person notified may comply with, and
any other information as he deems expedient.
Sec.
12A.7 Written consent.
The
Director of Community Services or his/her designated representatives, including
personnel designated by the City to remove graffiti, shall make reasonable
efforts to obtain written consent of property owner or legal occupant of the
property prior to entering upon private property to remove said graffiti.
Sec.
12A.8 Notice of Removal of Graffiti.
If,
in the opinion of the Director of Community Services, any public or private
property is found to have any graffiti or other inscribed material on it as
defined in this chapter, the Director of Community Services shall give to the
party concerned written notice in the event that designated personnel from the
City are unable to obtain written consent from an owner or occupant granting
permission for the City of Vernon employees to enter upon their property for
the sole purpose of graffiti removal.
Sec.
12A.9 Notice format.
The
Notice shall be in the following format:
NOTICE
OF INTENT TO REMOVE GRAFFITI FROM PREMISES
OFFICIAL
NOTICE is hereby given that you are required by the City of Vernon to remove or
paint over the graffiti located on the property located at ___________________
Vernon, California, at the owners expense.
If graffiti, which is visible to the public view, is not removed within
fifteen (15) days after date of delivery or mailed notification, City employees
will enter upon the said property and abate the said graffiti which is stated
to be a public nuisance by the removal or painting over of the said
nuisance. This abatement will be at City
expense; however, your complete cooperation will be requested.
Sec.
12A.10. Service of notice.
Proper
service of the notice provided for in Section 12A.8. shall be by personal
service, or by registered, or certified mail upon every party concerned and by
posting on the private or public property a copy of the notice. It shall be deemed a reasonable effort has
been made to serve such notice when registered or certified letters have been
mailed to the address of the party concerned as shown on the official
record. When an address is not so listed
or contact cannot be made at the listed address, the service shall be by
posting on the said property a copy of the notice.
The
designated period within which the owner or persons in charge is required to
comply with such notice shall begins as of the date he receives such notice by
personal service or registered or certified mail. If such notice is by posting only, the designated period shall
begin fifteen (15) days following the date of posting.
Failure
of any owner, party concerned, or other person, to receive such notice shall
not affect the validity of any proceedings taken hereunder if the proceedings
taken hereunder if the procedure for service of notice has been followed.
Sec.
12A.11 Right of hearing.
Any
party concerned, or the Director of Community Services, may request a hearing
regarding the removal of graffiti or other inscribed material after the
property is posted. A request by any
person other than the Director of Community Services shall be made in writing
to the Graffiti Appeals Board within ten (10) days after the property is posted
or receipt of notice. All persons who
desire to be heard may appear before the Graffiti Appeals Board to show that
the property does or does not have graffiti or other inscribed materials, or to
show cause why the graffiti or other inscribed materials should not be ordered
removed.
Sec.
12A.12. Hearing not requested.
If
neither the Director of Community Services nor any concerned party requests a
hearing and the condition as set forth in the Notice of Intent to Remove
Graffiti From Premises is not corrected within the time specified in such
notice, the Director of Community Services or his/her designated representative
may enter upon such private or public property in order to remove the graffiti
or other inscribed materials, or may cause such other work to be done to the
extent necessary to abate the public nuisance and other conditions which have
been found to exist.
Sec.
12A.13. Notice of hearing.
If
either the Director of Community Services, or any party concerned, requests a
hearing within the proper time as provided in Section 12A.11, the Graffiti
Appeals Board shall hold a noticed hearing.
No less than ten (10) days prior to the hearing, the Director of
Community Services shall serve, or cause to be served, either in the manner
required by law for the service of summons or by first class mail, postage
prepaid, a copy of the notice of hearing upon every person whom this chapter
requires that the Notice of Intent to Remove Graffiti From Premises be served.
Sec.
12A.14. Form and contents of notice.
The
notice of hearing shall state:
A.
The
street address and a legal description, sufficient for identification of the
public or private property upon which the graffiti or other inscribed material
is located;
B.
The
conditions because of which the Director of Community Services believes that
the property is a public nuisance.
C.
The
date, hour and place of the hearing.
Sec.
12A.15. Posting of Notice.
The
Director of Community Services shall post one copy of the notice of hearing in
a conspicuous place on the public or private property involved, not less than
ten (10) days prior to the hearing.
Sec.
12A.16. Hearing by Graffiti Appeals Board.
The
Graffiti Appeals Board shall hold a hearing and consider all competent evidence
offered by any person pertaining to the matters set forth in the report of the
Director of Community Services.
The
Graffiti Appeals Board shall make written findings of fact as to whether or not
the removal of graffiti or other inscribed material on public or private
property as defined in this chapter is necessary.
Sec.
12A.17. Order
When
the Graffiti Appeals Board finds that the removal of graffiti or other
inscribed material on public or private property is necessary, it is declared a
public nuisance and based upon its findings, the Board shall order the
abatement of this nuisance by removal of said graffiti or other inscribed
material.
Sec.
12A.18. Work by City.
If
any order of the Graffiti Appeals Board made pursuant to Section 12A.17 and not
superseded is not complied with within the period designated by the Board, the
Director of Community Services or his/her designated representative, may then
enter upon such private or public property in order to remove the graffiti or other
inscribed materials, or may cause such other work to be done to the extent
necessary to remove the graffiti and other inscribed materials determined to
exist by the Graffiti Appeals Board.
Sec.
12A.19. Costs.
The
costs involved in the removal or other work by the Director of Community
Services, shall be paid by the City.
SECTION
3: If any section, subsection, sentence, clause, phrase or work of this
ordinance is for any reason held to be void or unconstitutional, such decision
shall not affect the validity of the remaining portions of this ordinance; it
being the intention of the City Council of the City of Vernon to adopt and pass
this ordinance and each section, subsection, sentence, clause or phrase thereof
irrespective of the fact that one or more of the sections, subsections,
clauses, sentences, or phrases thereof may be declared void or
unconstitutional.
SECTION
4: That any ordinance or parts of ordinances in conflict with this ordinance
are hereby repealed, specifically Ordinance No. 896.
SECTION 5: There being no newspaper printed, published or circulated in the City of Vernon, the City Clerk is hereby directed to certify to the passage of this ordinance and shall post the same, or cause the same to be posted, in three (3) or the most public places in the City of Vernon, to wit: the northwest corner of 38th Street and Santa Fe Avenue, the northeast corner of Leonis Boulevard and Pacific Boulevard and on the bulletin board in the lobby of the City Hall of said City located at 4305 Santa Fe Avenue, all in the City of Vernon, County of Los Angeles, State of California; that this ordinance shall be in full force and effect thirty (30) days from and after the final passage of the same.