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