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ORD 286 ORDINANCE NO. 286 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES RELATING TO THE DEFINITION OF GRAFFITI AND REWARDS ASSOCIATED THEREWITH AND AMENDING CHAPTER 9.28 OF THE RANCHO PALOS VERDES MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY ORDAINS AS FOLLOWS: Section 1. Section 9.28.020 of Chapter 9.28, Title 9, of the Rancho Palos Verdes Municipal Code is amended by amending paragraph (B) , adding paragraph (C) and redesignating existing paragraphs (C) and (D) as (D) and (E) , respectively. (B) "Graffiti" means any writing, printing, symbol, figure, design or other inscribed material written, sprayed, painted, scratched, etched, engraved, or otherwise applied to any exterior surface without the prior consent of the owner or person in possession thereof. (C) "Exterior Surface" means any building, wall, fence, tree, sidewalk, curb, storage container, vehicle, building material, sign, temporary facility, large waste container, portable toilet, structure or real or personal property. Section 2 . Section 9.28. 040 of Chapter 9.28, Title 9, of the Rancho Palos Verdes Municipal Code is amended to read as follows: Section 9.28.040 Permitting graffiti to remain prohibited. No person shall import any exterior surface into the City which is inscribed with graffiti. No person shall permit any graffiti which is within public view to remain on any exterior surface owned or possessed by such person. When the owner of an exterior surface, such as a portable toilet or large waste container, is different from the owner of the premises, it shall be the responsibility of the owner of the exterior surface to maintain said surface free from graffiti. Section 3 . Section 9.28. 070 of Chapter 9.28, Title 9, of the Rancho Palos Verdes Municipal Code is amended to read as follows: Section 9.28.070 Notice to owners or possessors of private property. Whenever the city manager determines that graffiti is being maintained upon any exterior surface within the city in violation of Section 9.28. 040, the city manager shall send written notice to the owner or possessor of the premises where the graffiti is located and the owner of the exterior surface, if different from the owner of the premises, of such condition and shall require that the graffiti be removed within 24 hours of receipt of notice. The notice and order shall be sent to the owner as shown on the most recent equalized assessment roll and a copy shall be posted on the subject property. Section 4. Section 9.28.090 of Chapter 9 .28, Title 9, of the Rancho Palos Verdes Municipal Code is amended by amending paragraph (B) and (C) thereof as follows: (B) A notice of such condition has been sent to the property owner and the owner of the exterior surface, if different than the owner of the premises, pursuant to Section 9. 28. 070; and (C) The property owner or the owner of the exterior surface, if different from 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. Section 5. Section 9.28. 100 of Chapter 9.28, Title 9, of the Rancho Palos Verdes Municipal Code is amended to read as follows: 9.28.100 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 city manager shall be held at which time the property owner, or owner of the exterior surface if different from 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 city manager shall be sent to the property owner, or owner of the exterior surface if different from the property owner, not less than ten days prior to the hearing. Section 6. Section 9.28. 110 of Chapter 9.28, Title 9, of the Rancho Palos Verdes Municipal Code is amended by amending paragraph (A) as follows: (A) The city manager shall cause to be served upon the owner as shown on the latest equalized tax assessment roll of the affected premises, or owner of the exterior surface if different from the owner of the premises, a copy of the notice and shall cause a copy thereof to be conspicuously posted on the affected premises. ORD. NO. 286 2 Section 7. Sections 9.28. 140 and 9.28. 150 of Chapter 9.28, Title 9, of the Rancho Palos Verdes Municipal Code are hereby amended to read as follows: Section 9.28.140 Abatement. If the nuisance is not abated within the time set by the order of abatement, the city manager is authorized to cause the entry upon the premises and to abate the graffiti nuisance with city equipment and city personnel. The city manager shall then prepare a statement of the fact of such abatement and of the expense incurred in abatement and shall file the statement with the city clerk. Such statement shall identify the premises, or the owner of the exterior surface if different from the owner of the premises, and shall state the cost of the action taken. If the premises includes more than one lot, each separate lot, or all of the lots, may be set forth in the same statement. Section 9.28.150 Assessment of cost. Upon completion of the work required to abate the graffiti, the cost to the city to perform such work shall be assessed against the property owner, or the owner of the exterior surface if different from the property owner, pursuant to the procedures set forth in Sections 8.24. 120 through 8.24. 160 of this code. Section 8. Section 9.28. 190 of Chapter 9.28, Title 9, of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: Section 9.28.190 Reward. The City may pay to any person who provides information which leads to the solving of any vandalism case involving graffiti or to the arrest and conviction of any person who applies graffiti to any exterior surface, a reward as established by Council resolution. Section 9. Sections 9.28. 160 and 9.28.200 of Chapter 28, Title 9, of the Rancho Palos Verdes Municipal Code are hereby repealed. Section 10. The City Clerk shall certify to the passage of this ordinance and shall cause this ordinance to be published or posted as required by law. ORD. NO. 286 3 PASSED, APPROVED AND ADOPTED THIS 16th DAY OF MARCH, 1993 . MP' MAYOR ATTEST: )11" 1/ Its Ic 1 = tw CITY CLERK S ATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 286, passed first reading on March 2, 1993, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on March 16, 1993 , and that the same was passed and adopted by the following roll call vote: AYES: KUYKENDALL, RYAN, McTAGGERT, BACHARACH AND MAYOR BROOKS NOES: NONE ABSENT: NONE ABSTAIN: NONE AOF 41# // OP City Clerk City •f Rancho Palos Verdes ORD. NO. 286 4 &/' /IC ORD. NO. 286 RANCHO PALOS VERDES STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS • AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES ) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on MARCH 19, 1993 , she caused to be posted the following document entitled: RELATING TO THE DEFINITION OF GRAFFITI AND REWARDS ASSOCIATED THEREWITH AND AMENDING CHAPTER 9. 28 OF THE RANCHO PALOS VERDES • MUNICIPAL CODE. a copy of which is attached hereto, in the following locations: City Hall Los Angeles County Fire Station 30940 Hawthorne Blvd. Miraleste Station Rancho Palos Verdes 4000 Miraleste Plaza Rancho Palos Verdes U. S. Post Office 28649 S. Western Ave. Ladera Linda Community Center Rancho Palos Verdes . 32201 Forrestal Drive Rancho Palos Verdes . Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes Park Rancho Palos Verdes 30359 Hawthorne Blvd. , Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. J /? CITY CLERK 30940 HAWTHORNE BOULEVARD I RANCHO PALOS VERDES. CA 90274-5391 / (213)377-0360