RPVCCA_SR_2010_03_02_12_Graffiti_Ord_IntroCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
CAROL W.LYNCH,CITY ATTORNEY
SHIRl KLIMA,ASSISTANT CITY ATTORNEY
MARCH 2,2010
AMENDMENTS TO CITY'S GRAFFITI PREVENTION
AND REMOVAL ORDINANCE
REVIEWED:CAROLYN LEHR,CITY MANAGER 09---
RECOMMENDATION
Staff recommends that the City Council read the ordinance by title only,waive further
reading and introduce Ordinance No.,An Ordinance of the City Council of the
City of Rancho Palos Verdes Amending Chapter 9.28 of Title 9 of the Rancho Palos
Verdes Municipal Code to Update the City's Prevention and Removal of Graffiti.
BACKGROUND
The Legislature recently passed Assembly Bill 576,which allows cities to gain
restitution payments from graffiti perpetrators not only for graffiti placed on the City's
property but also for graffiti that is placed on private property and property that is owned
by another public entity when the City is responsible for,or claims responsibility for,
such removal.In addition to these changes,the City's Code Enforcement Staff also
requested changes to the current graffiti abatement procedure to allow for a speedier
abatement process.The City Attorney's office has reviewed graffiti abatement options
and ordinances that have been adopted by other public entities and recommends the
Proposed Ordinance to the City Council.
DISCUSSION
The California Government Code provides procedures for cities to repair,remove or
replace defaced property and abate graffiti as a public nuisance.The Government
Code also offers options for cities to recover public funds expended for such purposes.
Pursuant to this authority,current Chapter 9.28 of Title 9 of the Rancho Palos Verdes
Municipal Code,which was adopted by the City Council in 1991,prohibits graffiti.
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However,the Legislature has added some new provisions to state law since the City's
abatement ordinance took effect,and Code Enforcement staff has suggested certain
changes to the current ordinance.Thus,the City Attorney's office seeks to incorporate
these changes into the Proposed Ordinance.The primary revisions to the Municipal
Code are summarized below:
1.Abatement of Graffiti and Recovering the Costs Thereof
The city's current ordinance provides staff with a quick abatement process without the
ability to recover funds or a lengthier process,by which the City can recover the funds
that were expended.The Proposed Ordinance requires removal by the graffiti
perpetrator within 24 hours of notice by the City and by the owner or the party who is
responsible for the property where the graffiti is located within three days of notice.The
expedited abatement process in the Proposed Ordinance does not prevent the City
from recovering the funds that the City spends to remove the graffiti.
In the City's current chapter on graffiti prevention and removal,the City Manager or the
City Manager's designee may prepare a statement of fact for an abatement,list the
expenses incurred,and file this statement with the City Clerk,but no cost recovery
method is specifically described.The Proposed Ordinance allows the City to recover
such costs,including the costs of graffiti removal and repair or replacement of defaced
property,law enforcement costs,court costs,attorneys'fees and administrative costs,
by placing a lien or imposing a special assessment against the owner's property and/or
the graffiti perpetrator's property,and if the perpetrator is a minor,also against the
property of his or her parents or guardians.
2.Specifying Recommendations for Civil and Criminal Penalties
The current chapter on graffiti prevention and removal prohibits graffiti and imposes civil
and criminal liability on any individual who violates these sections.The Proposed
Ordinance adds a request to a court to impose fines in accordance with the Municipal
Code,suspend or delay the issuance of a minor's driver's license,order community
service,and/or impose treble damages for repeat offenders.
Moreover,pursuant to Assembly Bill 576,the Proposed Ordinance enables the City to
recover restitution payments by claiming responsibility for situations where efforts to
compel the property owner to repair the property have been unsuccessful and City Staff
determine that the City is required to take immediate action for reasons of public health,
safety and welfare.
The current ordinance states that parents or legal guardians having custody or control
of a minor who defaces property shall be jointly and severally liable with such minor for
resulting damages up to ten thousand dollars ($10,000),but the statutory authority for
such damages now enables recovery up to twenty-five thousand dollars ($25,000).The
Proposed Ordinance incorporates this increased amount.
Additionally,the current chapter on graffiti prevention and removal enables the City to
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offer a reward for information leading to the apprehension and conviction of a graffiti
perpetrator,and the Proposed Ordinance offers more details for this process.
3.Graffiti Prevention
The current graffiti prevention and removal chapter requires pressurized containers for
sale in the City to be placed behind a locked counter,cabinet,or other storage facility,
and indelible markers to be placed in a location where they can be in constant view of
the sales employee.The Proposed Ordinance requires all graffiti implements,including
paint sticks,etching tools,adhesive stickers,spray actuators,or other similar
implements,to be contained in a locked cabinet or other storage device or in an
enclosed area behind the sales counter.Furthermore,the Proposed Ordinance makes
retailers who violate this section personally liable for the full costs of graffiti abatement
resulting from the use of these implements by any person who places graffiti on
property in the City.
Moreover,the California Penal Code requires any retailer selling or offering to sell
etching cream or aerosol paint containers in the City to display a sign of certain
dimensions stating that it is unlawful to deface property with such implements,and that
defacing property is punishable by fine,imprisonment,or both.The Proposed
Ordinance expands this requirement to retailers who sell or offer for sale any graffiti
implements,requires a larger sign,and adds to that sign a warning that it is unlawful to
sell or give certain graffiti implements to minors.
Furthermore,the current graffiti prevention and removal chapter allows the City
Manager to post notices at appropriate locations regarding carrying aerosol paint cans
onto City property without the City's permission.The Proposed Ordinance also bans the
possession of all graffiti implements with the intent to use or apply graffiti on public
property,and it prohibits the sale or furnishing of any graffiti implements to minors
without the written consent of their parents or legal guardians.(The current chapter only
prohibits the sale or furnishing of aerosol paint containers to minors.)
Finally,the Proposed Ordinance allows the City to prevent graffiti through land use
entitlements by imposing conditions of approval upon tentative or parcel maps,
subdivision maps,conditional use permits,variances,and encroachment permits that
are reasonably related to the control of graffiti or mitigation of the impacts of graffiti.
CONCLUSION
The Proposed Ordinance strengthens the Municipal Code regarding the process by
which the City can remove graffiti and recover the costs of removal.Accordingly,the
City Attorney's Office recommends that the City Council introduce the Proposed
Ordinance.
Attachment:Proposed Ordinance
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ORDINANCE NO._
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES AMENDING CHAPTER
9.28 OF TITLE 9 OF THE RANCHO PALOS VERDES
MUNICIPAL CODE REGARDING THE CITY'S
PROCEDURES FOR PREVENTION AND REMOVAL OF
GRAFFITI.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
ORDAIN AS FOLLOWS:
Section 1.Chapter 9.28 ("Graffiti Prevention and Removal")of Title 9 of the Rancho
Palos Verdes Municipal Code is hereby amended in its entirety to read as follows:
"Chapter 9.28
GRAFFITI PREVENTION AND REMOVAL
Sections:
9.28.010
9.28.020
9.28.030
9.28.040
9.28.050
9.28.060
9.28.070
9.28.080
9.28.090
9.28.100
9.28.110
9.28.120
9.28.130
9.28.140
9.28.150
9.28.160
9.28.170
9.28.180
9.28.190
9.28.010
Purpose.
Definitions.
Sale and possession.
Display and signage.
Prevention of graffiti through land use entitlements.
Reward.
Graffiti prohibited.
Graffiti constitutes a nuisance.
Importing graffiti.
Graffiti removal requirement.
Abatement of graffiti by city with consent of responsible party.
Abatement of graffiti by city without consent of responsible party.
Assessment of costs against property owner or graffiti perpetrator.
Lien procedure.
Special assessment procedure.
Parental liability.
Restitution.
Criminal penalties.
Cumulative remedies.
Purpose.
The purpose of this chapter is to establish a program for removal of graffiti on both
public and private property and to establish regulations designed to prevent the further spread of
graffiti in the city.
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9.28.020 Definitions.
For the purposes of this chapter,the following words and terms shall have these ascribed
meanings:
(a)Adhesive Sticker means any sheet of paper,fabric,plastic or other material with an
adhesive,paste,or gummed backing,which,when applied or affixed to any surface,either
creates a permanent contact or is not easily removable without the use of solvents.
(b)Aerosol paint container means any aerosol container,regardless of the material from
which it is made,that is adapted or made for the purpose of spraying paint,undercoating,spray
insulation,or other substance capable of defacing property.
(c)City employee means a city code enforcement officer or other individual designated
by the director of community development.
(d)Costs of the abatement may include,but are not limited to,court costs,attorney's
fees,costs of removal of the graffiti or other inscribed material,costs of repair or replacement of
defaced real or personal property,administrative costs,and law enforcement costs incurred by
the city and/or any other public agency.The prevailing party shall recover attorney's fees only
in those individual actions or proceedings in which the city elects,at the initiation of that
individual action or proceeding,to seek recovery of its own attorney's fees,and in no case shall
an award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees
incurred by the city in the action or proceeding.
(e)Etching cream means any caustic cream,gel,liquid,or solution capable,by means of
a chemical action,of defacing,damaging,or destroying hard surfaces in a manner similar to
acid.
(f)Etching tool means any sharp or pointed instrument that is capable of etching or
marking glass,plastic,wood,metal,or concrete surfaces,including,but not limited to,picks,
scribes,awls,chisels,markers,and etchers,or any masonry or glass drill bit,carbide drill bit,
glass cutter,grinding stone,etching cream or acid etching solution.
(g)Exterior surface means any building,wall,fence,tree,sidewalk,curb,storage
container,vehicle,building material,sign,pole,temporary facility,large waste container,
portable toilet,structure or real or personal property.
(h)Felt tip marker means any broad-tipped indelible marker pen or similar implement
containing ink or other pigmented liquid that is not water-soluble.
(i)Graffiti means any inscription,word,figure,mark,adhesive sticker or design that is
written,sprayed,marked,etched,scratched,engraved,drawn,painted,labeled,pasted,applied or
affixed on any surface of public or private real or personal property within the city to the extent
the same was not authorized in advance by the owner or occupant thereof.
G)Graffiti implement means any implement capable of marking,scarring,damaging,or
defacing any surface to create graffiti,including,but not limited to,aerosol paint containers,felt
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tip markers,paint sticks,etching tools,adhesive stickers,spray actuators,or any other similar
implement.
(k)Grajjiti perpetrator means any individual,including a minor,who causes,commits,
solicits or commands another person,or aids or abets the application of graffiti.
(1)Paint stick means any device containing a solid form of paint,chalk,wax,epoxy,or
other similar substance capable of being applied to a surface by pressure and that,upon
application,leaves a visible mark on the surface at least one-sixteenth (1/16)of an inch in width
that is not water soluble.
(m)Removal of graffiti,graffiti removal,abatement of graffiti,and graffiti abatement
include the repair or replacement of the portion of the real or personal property defaced by
graffiti in the event that graffiti cannot be removed cost effectively.
(n)Responsible party means any person who owns,possesses,occupies,or otherwise has
responsibility for the repair or maintenance of property on which graffiti exists.
(0)Spray actuator (also known as a spray tip,nozzle,or button)means an object or
device that is capable of being attached to an aerosol or other paint container for the purpose of
spraying the substance contained therein.
9.28.030 Sale and possession.
(a)It shall be unlawful for any person,other than a parent or legal guardian,to sell,
exchange,give,loan,or otherwise furnish,or cause or permit to be exchanged,given,loaned,or
otherwise furnished,any graffiti implement to anyone under the age of eighteen (18)years
without the written consent of a parent or legal guardian of the minor.
(b)It shall be unlawful for any person to possess any graffiti implement,with the intent
to use or apply graffiti,while in or upon any public facility,park,playground,swimming pool,
recreational facility or other public building or structure owned or operated by the city or any
other public entity,including property owned by a school district,or while in or within fifty (50)
feet of a storm channel or similar type of infrastructure,unless otherwise authorized by the city
or the public entity owning the public property.This section shall not apply to authorized
employees of the city or other public entity or to an individual or authorized employee of an
individual,agency or company under contract with the city or other public entity and acting
within the scope of that contract.
(c)A city employee is authorized to post a notice at appropriate locations indicating that
pursuant to California Penal Code Section 594.1(d),no person shall carry on his or her person
and in plain view to the public etching cream or an aerosol container of paint while in any city-
owned facility,park,playground,swimming pool or recreational area,other than a highway,
street,alley,or way,without prior permission of an authorized city employee.
(d)It shall be unlawful for any person under the age of eighteen (18)years to possess any
graffiti implement while on public property,grounds,facilities,buildings,structures,or in areas
immediately adjacent to those specific locations upon public property,or upon private property
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without consent of the owner or occupant of such private property.The provisions of this
section shall not apply to the possession of felt tip markers by a minor attending or traveling to or
from a school at which the minor is enrolled if the minor is participating in a class or activity at
the school that formally requires the possession of felt tip markers.The burden of proof in any
prosecution for violation of this section shall be upon the minor student to establish the need to
possess a felt tip marker.
9.28.040 Display and signage.
(a)Any retailer selling or offering for sale graffiti implements shall display at a
conspicuous location a legible sign measuring not less than twelve inches (12")by twelve inches
(12")with letters at least half of an inch (lIz")in height which states:
"It is unlawful for any person to sell or give to any individual
under the age of eighteen years any etching cream or aerosol
container of paint that is capable of defacing property,except as
provided in Section 594.1 of the California Penal Code.Any
person who maliciously defaces real or personal property with
etching cream or paint is guilty of vandalism,which is punishable
by a fine,imprisonment,or both."
(b)It shall be unlawful for any retailer to display for sale,trade,loan,or exchange any
graffiti implement except in an area from which the public shall be securely precluded from
entering without employee assistance.Two such acceptable methods for displaying graffiti
implements for sale shall be by containment in:(i)a completely enclosed cabinet or other storage
device,which shall be permanently affixed to a building or structure,and which shall remain
securely locked at all times except during access by authorized representatives;or (ii)an
enclosed area behind a sales or service counter from which the public is precluded from entry.
Nothing herein shall relieve such a retailer from,at all times,complying with the requirements of
subsection (a)of this section or California Penal Code Section 594.1(c)by posting signs as
described therein.
(c)Any retailer who displays,stores,or permits the display or storage of any graffiti
implement in violation of the provisions of this section shall be personally liable for the full costs
of the abatement incurred by any party in connection with the removal of graffiti,the repair of
any real or personal property containing graffiti,or such party's prosecution of a civil claim for
reimbursement or damages resulting from such graffiti removal or property repair,arising from
the use by any person,including a minor,of such wrongfully displayed or stored graffiti
implement in violation of this section or of any provision of the California Penal Code.
9.28.050 Prevention of graffiti through land use entitlements.
(a)In approving tentative or parcel maps,subdivision maps,conditional use permits,
variances,or other discretionary land use entitlements,the city may impose conditions
reasonably related to the control of graffiti,the mitigation of the impacts of graffiti,or both.
Such conditions may include,without limitation,any or all of the following:
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(1)Require installation and use of anti-graffiti materials,as approved by the
director of community development or his or her designee,on surfaces that are likely to be
graffiti attracting surfaces.
(2)Require installation and use of landscaping to provide a barrier to surfaces
prone to graffiti or those that are likely to be graffiti attracting surfaces.
(3)Require installation and use of additional lighting to areas that are likely to
be graffiti attracting surfaces and to adjacent areas.
(4)Require immediate removal of any graffiti from the property.
(5)Provide right of access by city employees and agents to remove graffiti
from any surface that is open and accessible from city property or any public right-of-way.
(6)Supply the city with sufficient matching paint or anti-graffiti material on
demand for use in the abatement of graffiti by the city.
(b)In approving encroachment permits,the city may impose conditions reasonably
related to the control of graffiti,the mitigation of the impacts of graffiti,or both.Such
conditions may include,without limitation,any or all of the following:
(1)Require installation and use of anti-graffiti materials,as approved by the
director of community development or his or her designee,on the encroaching object or
structure.
(2)Require immediate removal of any graffiti from or near the encroaching
object or structure.
(3)Provide right of access by city employees and agents to remove graffiti
from or near the encroaching object or structure.
(4)Supply the city with sufficient matching paint or anti-graffiti material on
demand for use in the abatement of graffiti by the city.
9.28.060 Reward.
(a)Pursuant to Section 53069.5 of the California Government Code,the city may offer a
reward for information leading to the apprehension and conviction of any person who places
graffiti on any public or private real or personal property in such amounts approved by the city
council.In the event of multiple contributors of information,the city manager shall divide the
reward amount in a manner he or she shall deem appropriate.
(b)The city manager shall specify the manner in which claims for rewards under this
section shall be filed with the city,and such claims shall be filed accordingly.
(c)The graffiti perpetrator shall be liable for any rewards paid pursuant to this section
and,if that person is an unemancipated minor,the parent(s)or legal guardian(s)having custody
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and control of said minor shall be jointly and severally liable for any rewards paid pursuant to
this section.In the event of damage to public or private real or personal property,the graffiti
perpetrator,or if that person is an unemancipated minor,the parent(s)or legal guardian(s)having
custody and control of said minor,must reimburse the city for any reward paid.
(d)No law enforcement officer,municipal officer,official or employee of the city shall
be eligible for a reward made pursuant to this section.
(e)The city manager shall not allow a claim for a reward unless the city employee
investigates and verifies the accuracy of the claim and determines that the requirements of this
section have been satisfied.The city manager shall have full discretion as to whether the city
shall pay the award or a portion thereof to the informant.
9.28.070 Graffiti prohibited.
(a)It shall be unlawful for any person to cause,solicit or command another person in,or
aid or abet,in the application of graffiti onto any surface on any public or private real or personal
property.
(b)It shall be unlawful for any person to maintain graffiti on any surface on any public or
private real or personal property.
(c)Each day that graffiti is maintained constitutes a new and separate offense and is
subject to all penalties set forth in this Code.
9.28.080 Graffiti constitutes a nuisance.
The existence of graffiti within the city limits constitutes a public and private nuisance
and may be abated according to the provisions and procedures contained in this chapter.
9.28.090 Importing graffiti.
No person shall import any exterior surface into the city that is inscribed with graffiti.No
person shall permit any graffiti 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.
9.28.100 Graffiti removal requirement.
(a)Any graffiti perpetrator shall remove the graffiti in a manner prescribed by a city
employee within twenty-four (24)hours after notice by the city employee.Failure of any graffiti
perpetrator to remove graffiti shall constitute an additional violation of this chapter.Where an
unemancipated minor is the graffiti perpetrator,the parent(s)or legal guardian(s)having custody
and control of the minor shall also be responsible for such removal.
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(b)The responsible party must cause immediate removal of the graffiti on the property
and may not permit or maintain graffiti on the property for a period in excess of three (3)days
after service of notice by a city employee regarding the graffiti on the property.
9.28.110 Abatement of graffiti by city with consent of responsible party.
(a)Whenever a city employee determines that graffiti is located on public or private real
or personal property within the city so as to be capable of being visible from any adjacent
property (private or public),street,sidewalk,alley,other public right-of-way or other area open
to the public,the city employee may provide for the use of city funds for the abatement of the
graffiti,or if the graffiti cannot be abated cost effectively,the repair or replacement of the
portion of the property that was defaced,upon the following conditions:
(l)In abating the graffiti,the city employee shall not authorize painting,
repair or replacement of an area more extensive than where the graffiti is located,except where
the city owns the exterior surface and the city employee determines that a more extensive area
must be repainted,repaired or replaced,or where the responsible party agrees to pay for the costs
of repainting,repairing or replacing a more extensive area.
(2)Where the exterior surface is owned by a public entity other than the city
or is privately owned,the city employee may authorize the removal of graffiti only after securing
the consent of the public entity having jurisdiction over the exterior surface or the responsible
party for the privately owned property,and only after such entity or responsible party executes
an appropriate release and right of entry form permitting such graffiti removal.
(b)As an alternative to the procedure provided in subsection (a)of this section,the city
employee shall have the authority to cause the abatement and removal of graffiti on a privately
owned exterior surface within the city so as to be visible from any adjacent property (private or
public),street,sidewalk,alley,other public right-of-way or other area open to the public in
accordance with the procedure set forth in section 9.28.120 of this chapter.
9.28.120 Abatement of graffiti by city without consent of responsible party.
(a)If the city employee cannot obtain the consent of the responsible party,the city
employee may cause the abatement of graffiti which is located on a private property within the
city and which can be viewed from any adjacent property (private or public),street,sidewalk,
alley,other public right-of-way or other area open to the public at the responsible party's
expense as a public nuisance pursuant to the following conditions:
(1)The city employee shall issue to the responsible party for the affected
property a three (3)day notice of intention to abate the graffiti as a public nuisance and shall
serve such notice on the responsible party in any of the following methods:a)by personal
service on the responsible party;b)by posting at a conspicuous place on the property or abutting
public right-of-way;or c)by sending a copy of the notice by United States mail addressed to the
owner at the address shown on the last available assessment roll,or if the owner's address is
unknown,then in care of the property address.Service shall be complete on the day the notice is
personally served or posted,or two days after it is mailed.The responsible party shall have three
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(3)days from the date of service of the notice to remove the graffiti or be subject to abatement of
graffiti by the city and assessment of the costs of the abatement.
(2)The notice shall be on city letterhead in substantially the following form:
NOTICE OF INTENT TO ABATE GRAFFITI
Pursuant to Chapter 9.28 ofTitle 9 ofthe Rancho Palos Verdes Municipal Code,
NOTICE IS HEREBY GIVEN that you are required at your expense to remove or paint over the
graffiti in existence on the property located at (address)_
Rancho Palos Verdes,California within three (3)days of(date)_
The graffiti constitutes a public nuisance.Ifyou fail to comply with this order,City
employees or private contractors employed by the City will enter upon your property and abate
the public nuisance by removing or painting over the graffiti.The full costs ofthe abatement by
the City employees or private contractors,which may include,but are not limited to,court costs,
attorney's fees,costs ofremoval ofthe graffiti or other inscribed material,costs ofrepair or
replacement ofdefaced real or personal property,administrative costs,and law enforcement
costs,will be assessed upon your property either by a recorded lien or by special assessment.
Any person having any objections to or interest in said matters may file within three (3)
days from the date listed above a written appeal to the City Manager stating the reasons the
person believes that the City should not abate the graffiti.Unless an appeal is filed with the City
Manager or the graffiti is otherwise abated,the City will proceed with the abatement ofthe
graffiti on your property at your expense without further notice at the conclusion ofthis three (3)
day period
(b)Failure of the city manager to receive a timely appeal constitutes a waiver of the right
to contest a notice of intention to abate.In this event,the notice of intention to abate is final and
binding.If an appeal is timely filed,the city manager shall hold a noticed hearing on the
objections to the abatement within ten (10)days of receiving the appeal,and any interested
person shall be given a reasonable opportunity to be heard at that hearing.Notice of the decision
of the city manager shall be given as provided in subsection (a)(l)of this section for the notice of
intent to abate graffiti.If the city manager denies the appeal,the property owner shall have three
(3)days to remove the graffiti from the date of service of notice of the city manager's decision.
The decision of the city manager shall be final.
(c)If no appeal is filed,or if the appeal is denied following a hearing,and if the
responsible party fails to cause the graffiti to be removed by the designated date or such
continued date thereafter as the city manager approves,then the city employee shall cause the
graffiti to be abated by city forces or private contract,and the city or its private contractor may
enter upon the premises for such purposes after obtaining a warrant authorizing the entry upon
the property for abatement of the graffiti.
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9.28.130 Assessment of costs against property owner or graffiti perpetrator.
(a)The city employee shall keep an accounting of the costs of the abatement of the
graffiti and shall submit to the city council an itemized report showing such costs of the
abatement.The city council may modify the report,as the council deems necessary,and shall
confirm the report by motion or resolution.
(b)The city employee may elect to recover the costs of abatement by lien in accordance
with section 9.28.140 of this chapter,by special assessment in accordance with section 9.28.150
of this chapter,or in any other manner provided or authorized by law.
9.28.140 Lien procedure.
Pursuant to California Government Code Sections 38773.1 and 38773.2,the city
employee may elect that the costs of the abatement,as confirmed by the city council,shall
constitute a lien against:the property on which the graffiti was maintained;the property of the
graffiti perpetrator;and/or,if the graffiti perpetrator is a minor,the property of the parent(s)or
legal guardian(s)having custody and control of the minor.The following procedure is required:
(a)Prior to the recordation of the lien,the city employee shall issue notice of the lien to
the owner of record of the parcel of land,based on the last equalized assessment roll or the
supplemental roll,whichever is more current.Notice of the lien shall be served in any manner of
service allowed pursuant to California Government Code Sections 38773.1(b)or 38773.2(b),as
may be amended from time to time.
(b)If the total costs of the abatement are not paid to the city in full within ten (10)days
after the date of service of the notice,the city clerk or his or her designee may record,in the
county recorder's office in the county in which the parcel of land is located,a lien,which,from
the date of recording,shall have the force,effect,and priority of a judgment lien and shall
continue in full force and effect until the entire amount due is paid in full.
(c)The lien shall specify:the amount of the lien;the city as the agency on whose behalf
the lien is imposed;the date of the abatement order;the street address,legal description and
assessor's parcel number ofthe parcel on which the lien is imposed;and the name and address of
the recorded parcel owner.
(d)If the lien is discharged,released or satisfied,either through payment or foreclosure,
the city clerk or his or her designee shall record notice of the discharge containing the
information specified in subsection (c)of this section as to the lien and any other lien recorded
against other parties pursuant to the same incidence of graffiti.Any such liens and releases of
liens shall be indexed in the grantor-grantee index.
(e)The city may bring an action to satisfy a lien through foreclosure.
(1)If the county recorder assesses any fee to the city for processing and recording the
lien and providing notice to the property owner,the city shall recover this amount from the
property owner as a part of the foreclosure action to enforce the lien.
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9.28.150 Special assessment procedure.
Pursuant to California Government Code Sections 38773.5 and 38773.6,the city
employee may elect that the costs of the abatement,as confirmed by the city council,shall
constitute a special assessment against:the property on which the graffiti was maintained;the
property of the graffiti perpetrator;and/or,if the graffiti perpetrator is a minor,the property of
the parent(s)or legal guardian(s)having custody and control of the minor.The following
procedure is required:
(a)The city employee shall send notice by certified mail to the property owner if the
owner's identity can be determined from the county assessor's or county recorder's records.This
notice shall be given at the time of imposing the assessment and shall specify that the property
may be sold after three (3)years by the tax collector for unpaid delinquent assessments.Failure
of the property owner to receive notice shall not affect the tax collector's power of sale.
(b)If the total costs of the abatement are not paid to the city in full within ten (10)days
after the date of service of the notice,the city employee may cause the costs of the abatement to
be charged to the owner of the subject lot or parcel on the next regular tax bill.The special
assessment shall be collected at the same time and in the same manner as ordinary municipal
taxes are collected and shall be subject to the same penalties,procedures and sale in case of
delinquency as provided for ordinary municipal taxes.All laws applicable to the levy,collection
and enforcement of municipal taxes shall be applicable to the special assessment.However,if
any real property to which the cost of the abatement relates has been transferred or conveyed to a
bona fide purchaser for value,or if a lien of a bona fide encumbrancer for value has been created
and attaches thereon,prior to the date on which the first installment of the taxes would become
delinquent,then the cost of abatement shall not result in a lien against the real property but
instead shall be transferred to the unsecured roll for collection.
(c)Notices or instruments relating to the abatement proceeding or special assessment
may be recorded.
9.28.160 Parental liability.
(a)Pursuant to California Government Code Section 38772(c),the county probation
officer shall report to the city clerk the names and addresses of the parent(s)or legal guardian(s)
having custody and control of a minor graffiti perpetrator when the defaced property is in the
city.
(b)Pursuant to California Civil Code Section 1714.1,the parent(s)or legal guardian(s)
having custody and control of a minor shall be personally liable for any act of willful misconduct
by a minor that results in graffiti for all purposes of civil damages,including court costs and
attorney's fees to the prevailing party.The parent(s)or legal guardian(s)having custody and
control shall be jointly and severally liable with the minor for any damages resulting from the
willful misconduct,including any and all costs to the City incurred in connection with the
removal of said graffiti,not to exceed twenty-five thousand dollars ($25,000).
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9.28.170 Restitution.
The city is responsible for repairing,replacing,or restoring public or private property that
has been defaced with graffiti when:public or private property displays graffiti;the city
employee determines that efforts to compel the property owner to repair,replace,or restore the
property have been unsuccessful;and the city employee determines that,for the public health,
safety and welfare,the city is required to undertake the abatement action in order to protect the
community from the continued nuisance conditions.Upon completion of the work required to
abate the graffiti,the costs of the abatement shall either:be assessed against the property owner,
pursuant to sections 9.28.130 through 9.28.150 of this chapter;or be submitted to the district
attorney or local law enforcement in order to obtain restitution from a criminal defendant,
including from a minor and the parent(s)or guardian(s)having custody and control of the minor.
9.28.180 Criminal penalties.
(a)Any person violating this chapter shall be guilty of a misdemeanor as defined in
chapter 1.08 oftitle 1 of this Municipal Code.
(b)Whenever the city employee deems it appropriate,it is the city's intent to petition a
sentencing court to impose any or all of the following additional penalties or conditions of any
grant or probation,diversion,deferred entry of judgment,or other court supervision (including
upon a determination that a minor is to be a ward of the court as a result of committing an act of
vandalism or graffiti)upon conviction:
(1)Assess fines in accordance with chapter 1.08 of title 1 of this Municipal
Code.In the case of a minor,the parent(s)or legal guardian(s)having custody and control of the
minor shall be jointly and severally liable with the minor for the payment of all fines.
(2)For an individual who is 13 years or older in age,suspend or delay the
issuance of a driver's license,pursuant to California Vehicle Code Section 13202.6.
(3)Order community service with a request that:
(i)The graffiti perpetrator shall perform not less than forty (40)hours
of community service for the first offense,not less than eighty (80)for the second,and not less
than one hundred twenty (120)for a third or subsequent offense;
(ii)If the graffiti perpetrator is a minor,at least one parent or guardian
having custody and control of the minor shall be in attendance a minimum of fifty percent (50%)
of the assigned community service;and
(iii)Reasonable effort be made to assign the graffiti perpetrator to a
type of community service that is reasonably expected to have the most rehabilitative effect on
the graffiti perpetrator,including,if possible,community service that involves graffiti removal.
(4)Pursuant to California Government Code Section 38773.7,upon entry of a
second or subsequent civil or criminal judgment within a two-year period finding that an owner
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of property or a person described as a "minor"or "other person"as in California Government
Code Section 38772(d)(3)is responsible for graffiti,impose treble the costs of the abatement.
9.28.190 Cumulative remedies.
The remedies provided in this chapter are in addition to and do not supersede or limit any
other remedies and penalties available under provisions of other applicable city ordinances,the
laws of the State of California,or the laws of the United States."
Section 2.Severability.If any section,subsection,sentence,clause,phrase or portion of
this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction,such decision shall not affect the validity of the remaining
portions of this Ordinance.The city council of the city of Rancho Palos Verdes hereby declares
that it would have adopted this Ordinance and each section,subsection,sentence,clause,phrase
or portion thereof irrespective of the fact that anyone or more sections,subsections,sentences,
clauses,phrases,or portions be declared invalid or unconstitutional.
Section 3.Posting.The City Clerk shall cause this Ordinance to be posted in three (3)
public places in the City within fifteen (15)days after its passage,in accordance with the
provisions of Section 36933 of the Government Code.The City Clerk shall further certify to the
adoption and posting of this Ordinance,and shall cause this Ordinance and its certification to be
entered in the Book of Ordinances of the Council of this City.
PASSED,APPROVED and ADOPTED this __day of ,2010.
Mayor
APPROVED AS TO FORM:
City Attorney
R6876-0001\1208992v4.doc
ATTEST:
City Clerk
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State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I,Carla Morreale,City Clerk of the City of Rancho Palos Verdes,hereby certify that the above
Ordinance No.was duly and regularly passed and adopted by the City Council of the
City of Rancho Palos Verdes at a regular meeting thereof held on _
2010.
City Clerk
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