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					                              Chapter 9.34
                          GRAFFITI ABATEMENT

9.34.010 Purpose.
A.      The purpose of this Chapter is to provide a program and enforcement tools in
addition to those already provided by State law to remove graffiti from public and private
property and to prevent and control the further spread of graffiti in the City by
administering and financing graffiti removal, educating the community on the prevention
of graffiti and enforcing graffiti laws.
B.      The increase of graffiti on public and private buildings, structures, and other
places is creating a condition of blight within the City which results in deterioration of
property and business values for adjacent and surrounding properties, all to the detriment
of the City.
C.      The City Council finds and determines that graffiti is detrimental to the public
health, safety, and general welfare and constitutes a public nuisance which must be
abated so as to avoid the detrimental impact of such graffiti on the City and to prevent the
further spread of graffiti. It is further the intent of the City Council, through the adoption
of this Chapter to give notice to all who disregard the property rights of others that the
City will strictly enforce all laws prohibiting graffiti, including, but not limited to:
sections 594, 594.1, 594.6, 640.5 and 640.6 of the California Penal Code; section 13202.6
of the California Vehicle Code; and the provisions of this Chapter. (Ord. 1713 § 1, 1997)
9.34.020 Definitions.
For purposes of this Chapter, the following words or phrases shall have meanings as
provided in this Section:
A.      "Abatement" means removing or covering over of graffiti by such means and in
such manner and to such extent as is necessary in the interest of the general health, safety,
and welfare of the community as determined by the City Manager.
B.      "City Manager" includes the City Manager or the City Manager's designee.
C.      "Expense of abatement" includes, but is not limited to, court costs, costs of
removal of graffiti, costs of repair and replacement of defaced property, recording costs,
costs of providing notice to the property owners and/or responsible party, law
enforcement costs incurred by the City in identifying and apprehending the person who
created, caused, or committed graffiti on property within the City of Pleasanton, costs of
administering and monitoring the participation of a person, and if the person is a minor,
the minor and the minor's parent or guardian in a graffiti abatement program, and
attorney fees by the prevailing party pursuant to Government Code section 38773.5(b).
D.      "Graffiti" means any unauthorized inscription, word, figure, mark, design, or
other inscribed material that is written, marked, etched, scratched, drawn, sprayed,
painted, pasted, or otherwise affixed to any surface on any property to the extent that
same was unauthorized by the owner thereof or, despite authorization, is deemed by the
City Council to be a public nuisance.
E.      "Property" means real or personal property, whether publicly or privately owned,
within the City of Pleasanton. (Ord. 1713 § 1, 1997)
9.34.030 Declaration Of Nuisance.
The City Council finds and declares that the existence of graffiti anywhere within the
City is a public and private nuisance and may be abated as provided in this Chapter. (Ord.
1713 § 1, 1997)
9.34.040 Removal By Person Who Has Created, Caused Or Committed
Graffiti.
Any person who has created, caused or committed graffiti within the City shall have the
duty to abate the same immediately, but not longer than seventy two (72) hours after
notice by the City or by the owner of the property involved. Each instance of failure by
any person to abate graffiti following notice shall constitute a separate violation. Every
day that said graffiti is not abated after notice shall constitute a separate offense. (Ord.
1713 § 1, 1997)
9.34.050 Abatement At Owner's Expense.
Graffiti located on property within the City so as to be capable of being viewed by a
person utilizing any public right of way may be abated by the City at the property owner's
expense as a public nuisance after service of a notice to abate as herein set forth. (Ord.
1713 § 1, 1997)
9.34.060 Abatement At Owner's Expense; Notice To Abate.
A.       Written Notice: Whenever the City is apprised of the presence of graffiti within
the City, the City shall serve a written notice to abate such graffiti upon the owner of the
affected premises as such owner's name and address appears on the last equalized
assessment roll or the supplement roll, whichever is more current.
B.       Information In Notice: The notice to abate the graffiti shall set forth the
following:
1. The street address or other description sufficient to identify the property affected.
2. The length of time permitted for voluntary abatement of the graffiti which length of
time shall be no less than ten (10) days.
3. A statement that the property owner may, within seven (7) days of service of the notice
to abate, file a request for hearing if the owner disagrees with the demand to abate the
graffiti.
4. A statement that if the graffiti is not voluntarily abated within the stated period, the
City will abate the graffiti. If the property is real property, the expense of abatement shall
become a charge and shall be a lien against the property.
C.       Service Of Notice:
1. The notice to abate the graffiti shall be served in the same manner as summons in a
civil action in accordance with article 3 (commencing with section 415.10) of chapter 4
of title 5 of part 2 of the Code of Civil Procedure. If the owner of record, after diligent
search, cannot be found, the notice may be served by posting a copy thereof in a
conspicuous place upon the property for a period of ten (10) days and publication thereof
in a newspaper of general circulation published in Alameda County pursuant to
Government Code section 6062.
2. The failure to make or attempt such service on any person as required herein shall not
invalidate any proceedings under this Chapter as to any other person duly served. (Ord.
1713 § 1, 1997)
9.34.070 Abatement At Owner's Expense; Hearing.
A.      A request for hearing must be received by the City Clerk within seven (7) days of
the service of the notice to abate. The City Manager shall set a time and date for hearing
and notify the person requesting the hearing of the time, date, and place. The hearing
shall be before the City Manager. The hearing shall be an opportunity for the person
requesting the hearing to present reasons why the graffiti should not be abated at the
person's expense.
B.      At the conclusion of the hearing, the City Manager shall issue a decision in
writing upholding or denying the requirement of abatement. If the requirement is upheld,
the decision shall contain an order to abate and a deadline for abatement and shall be
served on the person requesting the hearing by first class mail, postage prepaid. The
decision of the City Manager shall be final. (Ord. 1713 § 1, 1997)
9.34.080 Owner's Expense Of Abatement.
A.      If the graffiti is not abated completely within the time prescribed in the notice to
abate or, if the owner timely requested a hearing within the time prescribed in that
hearing's final decision, the City Manager shall cause the graffiti to be abated by City
personnel or by private contract. The City or its private contractor is expressly authorized
to enter upon the premises to abate the graffiti.
B.      The City Manager shall keep an accounting of the expense of abatement and shall
render the accounting of such expenses to the person or persons receiving the notice to
abate. Such person or persons receiving the notice to abate shall be liable to the City for
any and all expenses of abatement.
C.      If payment is not made within thirty (30) days from the date of the accounting and
demand for payment, the payment shall be deemed delinquent and shall be subject to a
penalty assessment of one hundred dollars ($100.00) plus interest on the unpaid amount
plus penalty, which interest shall accrue at the rate of one and one-half percent (1 1/2%)
per month until paid.
D.      If all or any portion of the expense of abatement accounted by the City Manager
remains unpaid after thirty (30) days from the date of the demand for payment, pursuant
to Government Code sections 38773.1, 38773.2, 38773.5, 38773.6, and 38773.7, such
portion thereof shall constitute and is hereby declared to constitute a lien on the real
property which was the subject of the notice assessment against the real property. The
City Manager shall present a resolution of lien to the City Council, and upon passage and
adoption thereof, shall cause a certified copy thereof to be recorded with the Alameda
County Recorder's office. Any such lien not paid by June 30 of each year shall, upon
adoption of a resolution by the City Council, may be collected along with, and in the
same manner as, the general property taxes. The liened property shall be subject to the
penalties, procedures, and sale in case of delinquency as provided in the Civil Code of
California.
E.      Instead of making the expense of abatement a lien upon the real property under
subsection D of this Section, the City may make the expense the personal obligation of
the property owner, tenant or other person creating, causing, committing or maintaining
the nuisance. In such a case, all of the procedures of this Chapter apply except those
specially related to assessment of the property. (Ord. 1713 § 1, 1997)
9.34.090 Abatement At Expense Of Person Creating, Causing Or
Committing Graffiti; Hearing.
If the City has used its funds pursuant to this Chapter to remove graffiti or repair or
replace property defaced by graffiti, the City may recover such expense of abatement
from the person who has created, caused, or committed the nuisance as follows:
A.      The City Manager shall give the person, and if the person is a minor, the minor's
parent or guardian, not less than forty eight (48) hours' notice of a hearing to be held by
the City Manager for the purpose of showing cause why the City should not recover the
expense of abatement from the person, and if the person is a minor, the minor's parent or
guardian.
B.      The hearing shall be before the City Manager. The hearing shall be an opportunity
for the person requesting the hearing to present reasons relative to the recovery of the
expense of abatement from the person, and if the person is a minor, from the minor and
the minor's parent or guardian.
C.      At the conclusion of the hearing, the City Manager shall issue a decision in
writing whether the City should recover expense of abatement from the person and if the
person is a minor, the minor and the minor's parent or guardian. If the requirement for
payment is upheld, the decision shall contain an accounting and a demand for payment. A
copy of the decision shall be served on the person, and if the person is a minor, the minor
and the minor's parent or guardian, by first class mail, postage prepaid. The decision of
the City Manager shall be final.
D.      The parent or guardian of the minor shall be jointly and severally liable with the
minor for the expense of abatement under Government Code section 38772.
E.      If payment is not made within thirty (30) days from the date of the accounting and
demand for payment, the payment shall be deemed delinquent and shall be subject to a
penalty assessment of one hundred dollars ($100.00) plus interest on the unpaid amount
plus penalty, which interest shall accrue at the rate of one and one-half percent (1 1/2%)
per month until paid.
F.      If all or any portion of the expense of abatement accounted by the City Manager
remains unpaid after thirty (30) days from the date of the demand for payment, the
portion thereof unpaid including any penalty and interest thereon, shall constitute and is
hereby declared to constitute a lien under Government Code sections 38772 and 38773.2
against the person, and if the person is a minor, against the property of the minor and
against the property of the minor's parent or guardian. Prior to recording a notice of lien,
the City Manager shall provide notice under Government Code section 38773.2. Any
such lien not paid by June 30 of each year shall, upon adoption of a resolution by the City
Council, may be collected along with, and in the same manner as, the general property
taxes. The liened property shall be subject to the penalties, procedures, and sale in case of
delinquency as provided in the Civil Code of California.
G.      As an alternative to a lien and under Government Code section 38773.6, the
expense of abatement shall constitute a special assessment against a parcel of land owned
by the person and if the person is a minor, by the minor or by the minor's parent or
guardian. The assessment shall be collected as provided for in Government Code section
38773.6.
H.      In addition to any other remedy provided herein or available at law, expense of
abatement under Government Code section 38772 shall constitute a personal obligation
against the person and if the person is a minor, the minor and the minor's parent or
guardian. (Ord. 1713 § 1, 1997)
9.34.100 Removal Limitations.
This Chapter authorizes only the removal of the graffiti itself, or if the graffiti cannot be
removed cost effectively, the repair or replacement of the portion of the property that was
defaced, and not the painting, repair, or replacement of other parts of the property that
were not defaced. (Ord. 1713 § 1, 1997)
9.34.110 Police Department Procedures.
The Police Department may promulgate procedures for preremoval preservation of
sufficient evidence of the graffiti for criminal prosecutions or proceedings under Welfare
and Institutions Code section 602 pertaining to the person or persons who inscribed the
graffiti or other material. These procedures shall be followed by the City prior to or
during removal of graffiti. (Ord. 1713 § 1, 1997)
9.34.120 Cumulative Remedies.
Nothing in this Chapter shall be deemed to prevent the City from commencing civil or
criminal proceedings to abate a public nuisance or from pursuing any other means under
applicable ordinances or State law in addition to or as alternatives to the proceedings set
forth in this Chapter. The remedies provided in this Chapter are intended to supplement
penalties under Federal, State and local law, including, but not limited to, Penal Code
sections 594, 594.1, 594.6, 640.5 and 640.6 and Vehicle Code section 13202.6. (Ord.
1713 § 1, 1997)
9.34.130 Severability.
If any section, subsection, sentence, clause, phrase or portion of this Chapter 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
Chapter. The City Council declares that it would have adopted each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases or portions be declared invalid or
unconstitutional. (Ord. 1713 § 1, 1997)

				
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