AN
ORDINANCE OF THE CITY COUNCIL THE CITY OF WHITTIER RESTRICTING ACCESS TO AND
POSSESSION OF AEROSOL PAINT CONTAINERS AND/OR MARKER PENS
THE
CITY COUNCIL OF THE CITY OF WHITTER DOES ORDAIN AS FOLLOWS:
SECTION
1. Sections 9.33.010, 9.33.020, and 9.33.030 are added to the Whittier
Municipal Code to read as follows:
SECTION
9.33.010. No person shall have in his
or her possession nay aerosol spray paint container having any substance
commonly known as paint or dye, or maker pens with tips exceeding four
millimeters in width, while in any public park, playground, swimming pool,
recreational facility or other public building owned or operated by the City of
Whittier, or while loitering in or near an underpass, bridge abutment, storm
drain, and other similar types of infrastructure not normally used by the
public. This does not apply to
authorized employees of an individual or company udner contract with the City
which requires the use of such materials.
SECTION
9.33.020. No person shall have in his
or her possession any aerosol paint container having any substance commonly
known as paint or dye while on any school property, grounds, facilities,
buildings, or structures, nor in the areas immediately adjacent to these
specified locations. This does not
apply to authorized employees of the School, nor authorized employees of an
individual or company under contract with the School which requires the use of
such materials.
SECTION
9.33.030. Every person who owns,
conducts, operates, or manages a retail commercial establishment selling
aerosol spray paint containers, or marker pens with tips exceeding four
millimeter in width, containing anything other than a solution which can be
removed with water after it dries, shall store or cause such aerosol spray
paint containers or marker pens to be stored in an area viewable by, but not
accessible to the public without employee assistance, pending legal sale or
disposition of such containers or marker pens.
SECTION
2. Any provision of the Whittier Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, are hereby repealed or modified to that extent
necessary to affect the provisions of this Ordinance.
SECTION
3. Should any provision of this
Ordinance be determined to be invalid or unconstitutional all other provisions
of this Ordinance shall remain in full force and effect as approved.
SECTION
4. The Mayor shall sign and the City
Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
ORDINANCE
NO. 2593
AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WHITTIER ADDING CHAPTER 8.22 TO
TITLE 8 OF THE WHITTIER MUNICIPAL CITY CODE, RELATING TO THE ESTABLISHMENT OF
GRAFFITI ABATEMENT FEES AND PROCEDURE.
THE
CITY COUNCIL OF THE CITY OF WHITTIER DOES ORDAIN AS FOLLOWS:
Section
1. Title 8 of the Whittier Municipal
Code is amended by adding Chapter 8.22 relating to the establishment of
graffiti abatement fees to read as follows:
CHAPTER 8.22 GRAFFITI
ABATEMENT FEES AND PROCEDURE
SECTIONS:
8.22.10
FINDING
AND PURPOSE
8.22.20
DECLARED
A PUBLIC NUISANCE
8.22.30
REMOVAL
POLICY
8.22.40
FEE
REQUIRED
8.22.50
PAYMENT
OF FEES
8.22.55
WAIVER
OF FEES
8.22.60
NOTICE
TO REMOVE
8.22.70
FORM
AND MANNER OF NOTICE
8.22.80
APPEAL
8.22.90
ABATEMENT
OF CITY
8.22.100
ASSESSMENT
– LIEN
8.22.110
APPEAL
FROM ASSESSMENT
8.22.120
COST
ASSESSMETN – ENTRY ON THE TAX ROLL
8.22.130
PROOF
OF NOTICE
8.22.140
REFUND
8.22.150
APPLICATION
8.22.160
DEFINITIONS
8.22.10
FINDINGS
AND PURPOSE. The City Council of the
City of Whittier finds and declares that:
A.
The
enlistment of business owner’s active resistance to graffiti could be emphasized
as a key element in combating graffiti crime.
B.
In
the past, the City of Whittier has provided unlimited, free, graffiti removal
services. While this is a tremendous
service to City Businesses, and benefits the overall community in terms of
eradicating graffiti, it provides no incentive to businesses to deal directly
with the problem and formulate their own ideas, solutions, and defense
strategies as to how to avoid being victimized.
C.
With
the current economic crises, and the resulting reduction in number of staff
directly assigned to new approaches to reinforcing the program and maintaining
and increasing its effectiveness.
D.
Given
the reduction in resources, the perpetual providing of free and unlimited
graffiti abatement service, as the City’s only approach to graffiti crime is no
longer an effective approach in and of itself.
Other supportive policies must be developed and implemented.
E.
The
purpose of the provisions of this Chapter is to provide an alternative method
for graffiti abatement through the establishment of graffiti abatement fees to
be applied to businesses within the City of Whitter.
8.22.20
DECLARED
A PUBLIC NUISANCE
Any
graffiti placed and/or existing upon public or privately owned permanent
structures located on public or privately owned real property within the City
of Whittier is declared to be indecent and offensive to the sense, thereby
constituting a public nuisance. Such
graffiti if not so removed as provided in this Chapter, shall be abated as
provided in this chapter.
8.22.30
REMOVAL
POLICY
(a)
The
City of Whittier shall provide graffiti abatement services to a business within
the City of Whittier. The graffiti
shall be removed free of charge provided that requests for the same do not
exceed four (4) per property with the same owner.
(b)
Where
a business requires graffiti removal more than four 94) times, the owner of
such property may abate said nuisance by independent means or request removal
by the City.
8.22.40
FEE
REQUIRED
(a)
Where
an owner of commercial property requests graffiti removal pursuant to Section
8.22.030 (b) of this Chapter, the owner shall be required to pay a fee for such
services.
(b)
Fees
established by this Section shall also apply where City abatement is mandated
pursuant to Section 8.22.090 of this Chapter.
(c)
Fees
established herein shall be set periodically by resolution of the City
Council. Such fees shall include but
are not limited to labor, procedural and overhead costs.
8.22.050
PAYMENT OF FEES
(a)
Fees
established pursuant to Section 8.22.040 of this Chapter and set by Resolution
of the City Council shall be made in a timely fashion. Where an owner of commercial property ahs
requested graffiti abatement services and fails to make payment for the same,
fees shall be assessed against the property as set forth in Section 8.22.100 of
this Chapter.
(b)
Where
graffiti abatement has been mandated pursuant to Section 8.22.090 of this
chapter, the owner of the affected property may render payment of fees
established by Section 8.22.040 in order to avoid subsequent assessment against
said property.
8.22.055
WAIVER OF FEES
The
Director of Public Works shall waive fees at his/her discretion, if he/she
determines that the owner of the property/business is taking and continues to
take actions that prevent graffiti on his/her property.
8.22.060
NOTICE TO REMOVE
Whenever
a graffiti incident is reported to the City and the affected business has
already received the graffiti abatement services as provided by Section
8.22.030 and the owner does not abate said nuisance by independent means or
request removal by the City, notice to remove such graffiti shall be given
pursuant to Section 8.22.070 of this Chapter.
8.22.070
FORM AND MANNER OF NOTICE
Notice
shall be given by posting in a conspicuous place upon or in front of the
affected property. The notice shall be
headed “NOTICE TO CLEAN PREMISES” in letters not less than one inch in height
and, in legible characters shall direct the removal of the graffiti, and refer
to this Chapter for further particulars.
The notice shall be in substantially the following form.
NOTICE
TO CLEAN PREMISES.
NOTICE
IS HEREBY GIVEN THAT UNDER THE PROVISION OF CHAPTER 8.22 OF THE WHITTIER
MUNICIPAL CODE. GRAFFITI IS EXISTING
UPON THE FOLLOWING DESCRIBED PROPERTY:
(GIVEN ADDESS) AND THAT IT CONSTITUTES A PUBLIC NUISANCE WHICH MUST BE
ABATED. IF REMOVAL OF THE GRAFFITI IS
NOT MADE WITHIN THREE (3) DAYS FROM THE DATE OF THIS NOTICE, THE SAME SHALL BE
REMOVED BY THE CITY, AND THE COST OF THE REMOVAL ASSESSED UPON THE PROPERTY FROM
WHICH THE GRAFFITI IS REMOVED AND THE ASSESSED COST WILL CONSTITUTE A LIEN UPON
SUCH LAND UNTIL PAID. ALL PERSONS
HAVING ANY OBJECTION TO THE PROPOSED REQUIRED REMOVAL MAY APPEAL TO THE CITY
COUNCIL, IN WRITING, WITHIN THREE (3) DAYS FROM THE DATE OF THIS NOTICE.
_______________________
DIRECTOR
OF PUBLIC WORKS
CITY
OF WHITTIER
8.22.080
APPEAL
Within
three (3) days from the date of the notice, the owner or any other person
interested in the property, land or lots affected by said notice may appeal to
the City Manager. The City Manager
shall hear and pass upon the appeal, and the decision of the City Manager
thereon shall be final and conclusive.
8.22.090
ABATEMENT BY CITY
(a)
If
within three (3) days from the date of notice, the graffiti has not been
removed from the premises in question as directed by the notice or by the City
Manager on appeal, the Director of Public Works shall cause the same to be
removed and may enter upon private property for the purpose of so doing.
(b)
If
an appeal has been made to the City Manager within three (3) days from the date
of the notice and if, upon appeal the requirements of the original notice have
been reversed, the city shall be responsible for any costs incurred, as a
result of action taken pursuant to Section 8.22.090(a) of this Chapter.
8.22.100
ASSESSMENT – LIEN
The
Director of Public Works shall keep or cause to be kept in his office a
permanent record showing the legal description, as shown on the last equalized
assessment role of the County of Los Angeles, of each piece of property from
which graffiti has been removed at City expense under the provisions of this
Chapter. The record book shall show any
and all expenses incurred by the City in the removal of the ownership. Said expenses are to be based on the fee
established by Section 8.22.040 of this Chapter.
8.22.110
APPEAL FROM ASSESSMENT
Between
the first and the fifteenth day of July of each year, the Director of Public
Works shall cause to be published in the official newspaper of the City a
notice that any person affected or aggrieved by any act or determination of the
Director of Public Works or of the City Manager in connection with the
provisions of this Chapter may appeal to the city Council. An appeal shall e in writing and shall be
filed with the City Clerk prior to the fifteenth day of July. At the next regular meeting of the City
Council after the fifteenth day of July, or from time to time thereafter as may
be determined by the Council, the Council shall hear and pass upon each appeal,
and the determination by the council thereupon shall be final and
conclusive. In the event any
determination of the Director of Public Works is modified by determination of
the City Council or any assessment changed or corrected, the Director of Public
Works shall cause the correction to be made upon other record showing the
assessment.
8.22.120
COST ASSESSMENT – ENTRY ON THE TAX ROLL
At
the expiration of the time for appeal, or upon the determination by the City
Council of all appeals so filed, and in compliance with the requirements of any
determination so made, the Director of Public Works shall deliver to the City
Clerk an abstract of the entries of the permanent record in which the
Director has shown each assessment for
the preceding fiscal year. The abstract
shall show the property affected and the amount charged against such
property. The City Clerk, prior to
August 10th of each year, shall deliver to the County Auditor of the
County of Los Angeles the amount of each such charge to be placed upon the
assessment roll against the respective lots, and thereafter the charges shall
be of the same character and effect, subject to the same penalties, and shall
be collected in the same manner and at the same time as City taxes. The provisions of this Section shall not
apply to any piece of property or land or lot if the charge against it ahs been
paid prior to the delivery to the City Clerk of the abstract. In that event, an appropriate entry shall be
made in the record book by the Director of Public Works showing that the charge
had been paid.
8.22.130
PROOF OF NOTICE
Proof
of the posting, serving in person or mailing of any notice, order or
determination provided for in this Chapter shall be by affidavit shall specify
the time when the duty was performed.
It shall be the duty of the Director of Public Works to keep such
affidavits among the official records in his office.
8.22.140
REFUND
Any
assessment or any portion of an assessment levied pursuant to the provisions of
this Chapter which, either before or after the effective date of the Ordinance
codified in this Chapter, has been paid more than once, erroneously or
illegally collected, paid in excess of the amount chargeable, or was not
chargeable to the person or property paying the same under the provisions of
this Chapter, by reason of a clerical error of the employees or officials to
the City, may be refunded by order of the City Council in the same manner, to
the same extent and under the same conditions as, at or after the effective
date of the Ordinance codified in this Chapter, are provided by the City for
refund of payments of general taxes, at any time after the abstract of charges
taken from the record book of the Director of Public Works has been delivered
to the County Assessor and entered upon the assessment books. The owner of any property assessed who may
claim that the assessment is void in whole or in part may pay the same under
protest. The protest shall be in
writing, shall be received by the City Clerk on or before March 1st
after the tax becomes due and payable, and shall specify whether the whole or
any part of the assessment is void and the grounds upon which such claim is
founded. An owner, after making payment
under protest, may recover the same in the manner and under the conditions
provided in Section 39585 of the Government Code of the State of California.
8.22.150
APPLICATION
The
provisions of this Chapter shall apply only to owners of commercial property
within the City of Whittier.
8.22.160
DEFINTIONS
Graffiti
shall be as defined in Section 53069.3 of the California Government Code.
Section
2. Any provisions of the Whittier Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further are hereby repealed or modified to that extent
necessary to affect the provisions of this Ordinance.
Section
3. Should any provision of this
Ordinance be determined to be invalid or unconstitutional all other provisions
of this Ordinance shall remain in full force and effect as approved.
Section 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance shall become effective thirty (30) days from its adoption