City Council
MEETING DATE: 5/27/2015
TITLE:
Title
Proposed Ordinance Regarding Graffiti Abatement Procedures
End
FROM:
Pat Milos, Community Development Director
Nicholas Hermsen, Deputy City Attorney
RECOMMENDATION:
Recommendation
Staff recommends that the City Council direct that the attached ordinance amending and supplementing the City's graffiti abatement procedures be brought back for consideration at the next regular City Council meeting.
Body
BACKGROUND:
In 1993, the City Council first enacted Cathedral City Municipal Code chapter 11.58, "Prevention of Graffiti and Related Vandalism." The purpose of that chapter is to prevent graffiti and promote its eradication, to fight against blight, to preserve the value of public and private property and promote the security of the community.
Chapter 11.58 currently prohibits graffiti, and also prohibits property owners from allowing or permitting graffiti to be placed on their property. Graffiti is deemed a public nuisance and persons caught applying graffiti (and their parents, if minors) are deemed financially responsible for its removal. Minors are prohibited from possessing graffiti paraphernalia (such as spray paint), and furnishing graffiti paraphernalia to a minor is also banned. Stores selling graffiti paraphernalia may not exhibit it in a manner where it can be handled by potential customers until after purchase, and specified signage is also required.
Graffiti is also a visual blight to the community. In many instances, the perpetrator is unknown and the responsibility for cleanup falls on the property owner. Most property owners who experience graffiti will immediately remove it without having to be asked. However, in some cases, most frequently with absentee property owners or at abandoned properties, no action is taken to remove the graffiti even after the City requests removal.
Proposed Ordinance
The proposed ordinance will clarify procedures for requiring property owners to remove graffiti and for allowing the City to remove the graffiti at the property owner's expense in the event the property owner fails to comply in short order. Specifically, the proposed ordinance provides as follows:
· Graffiti may be summarily abated by the City without notice; however, when no notice is given such abatement shall be at City expense.
· When graffiti is observed, the City may send a notice and order to the property owner's address of record directing that the graffiti be removed within five calendar days, or alternately allowing the property owner to provide permission for the City to remove the graffiti at the property owner's expense. This notice must be sent via next day priority mail or personal service to ensure prompt delivery.
· If the graffiti is not removed within five days, the City may remove the graffiti. However, the property owner shall have ten calendar days to file a written appeal of the notice.
· Property owners who fail to remove their graffiti and are ultimately determined to be financially responsible shall be required to register with the City. The purpose of this requirement is to allow the City to be able to quickly contact the owner in the event additional graffiti appears on the same property in the future. Property owners who are required to register are only given 72 hours (rather than 5 days) to remove graffiti in the future. Registrants also are required to have their property inspected at least once per week to confirm new graffiti has not appeared at the property.
· Violators of the registration requirement are subject to a $1,000 fine.
FISCAL IMPACT:
Unknown abatement costs subject to recovery from property owners.
ATTACHMENTS:
Proposed Ordinance