2009-52U Abatement of Graffiti ORDINANCE NO. 2009-52U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE
PROVIDING FOR THE ABATEMENT OF GRAFFITI AND
REPEALING RIVERSIDE COUNTY ORDINANCE NO. 704, AS AMENDED
The City Council of the City of Menifee does ordain as follows:
Section 1. Findings and Purpose.
(a) The City Council finds that graffiti placed or inscribed on public and private property
creates immediate safety and welfare issues, in that it may attract additional taggers
and /or gang activity and it is an immediate blight on not just that property but
surrounding properties as well.
(b) Private property owners are responsible for removing graffiti on their property as part
of property maintenance.
(c) The abatement of graffiti removes a potential law enforcement problem as well as
improves the appearance of the property.
(d) Graffiti must be abated rapidly to avoid detrimental impacts on public health, safety
and welfare.
(e) As authorized by Govt. Code Section 53069.3, this ordinance provides a procedure
for the rapid removal of graffiti for both public and private walls and structures in
order to achieve these purposes.
(f) The City now has hired its own code enforcement personnel who can enforce these
regulations.
(g) Those personnel have reported a recent increase in graffiti.
(h) This ordinance is an urgency ordinance which must take effect immediately to allow
enforcement at once to protect public health and safety.
Section 2. Chapter 11.40 is added to the Menifee Municipal Code to read as follows:
Chapter 11.40
Abatement of Graffiti
Section
11.40.010 Definitions
11.40.020 Graffiti Prohibited
11.40.030 Graffiti Removal from Private Property
11.40.040 Cost Recovery from Perpetrator
11.40.050 Enforcement
Ordinance No. 2009-52U
Graffiti Control
11.40.010 Definitions. As used herein, "graffiti" shall mean any unauthorized inscription,
word, figure, mark, symbol or design that is marked, etched, scratched, drawn or painted on any
part of any real or personal property.
11.40.020 Graffiti Prohibited; Graffiti as Public Nuisance
(a) It is unlawful and a violation of this Chapter of the Municipal Code for any person to
place, apply or attempt to place or apply graffiti to or upon any public or private real or personal
property within the City.
(b) When such graffiti is visible from a public right-of-way or from other publicly owned
property, such graffiti also is determined to be a public nuisance which requires immediate
abatement to protect public health pursuant to Section 11.20.040 (c).
(c) No person owning or otherwise in control of such real property (whether tenant,
occupant or otherwise) or of personal property shall permit or allow any graffiti to be placed or
applied (or attempted to be place or applied) on that property when it is visible from other public
or private property and shall be required to remove such graffiti as required by Section
11.40.030 of this Chapter.
(d) Any person who places or applies graffiti within the City shall have a duty to remove
that graffiti within twenty-four (24) hours of notice by the City to do so. Failure to promptly
remove such graffiti constitutes a separate and additional violation of this Chapter and of the
Municipal Code.
(e) Where graffiti is placed or applied by a minor under the age of 18, the parent and/or
legal guardian of such minor shall be responsible for the removal of the graffiti and/or the
payment thereof.
11.40.030 Graffiti Removal from Private Property
(a) The owner, occupant or person otherwise in control of real property (whether tenant,
occupant or otherwise) or of personal property on which graffiti has been placed or applied shall
remove such graffiti (or repair and replace the property from which graffiti cannot be removed)
at his/her own expense within 72 hours of the discovery of the application of such graffiti.
(b) In the event graffiti is not removed under subsection (a) above, the City may utilize
the procedures set out in Section 11.20.040 (c) of this Code for the immediate removal and
summary abatement of graffiti, and thereafter may collect the costs of such abatement as set
out in Chapter 11.20.
(c) Notwithstanding, the City may determine to bear the cost of such removal or
replacement pursuant to the provisions of Govt. Code Section 53069.3 after obtaining the prior
written consent of the property owner or possessor.
11.40.040 Cost Recovery from Perpetrator
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Ordinance No. 2009-52U
Graffiti Control
(a) The expense of abatement of graffiti may be recovered by the City through a lien
or special assessment on or against the property of the minor or other person creating, causing
or committing the nuisance and who has confessed to, admitted to, pled guilty or nolo
contendere to or been convicted of an offense regarding graffiti as set out in Govt. Code Section
38772. The lien or special assessment may be placed on property that belongs to the parent or
guardian having custody and control of the minor.
(b) The minor or other person shall be notified prior to the recordation of a lien on the
parcel of land owned by that person in the manner set out in Govt. Code Section 38773.2 (b).
(c) The lien shall specify the amount; the name of the City, the date of the abatement
order, the street address, legal description and assessor's parcel number and the name and
address of the record owner and shall be processed, recorded and released as provided in
Govt. Code Section 38773.2.
(d) The costs included in the lien include, but are not limited to any court costs,
attorneys' fees, costs of removal of the graffiti or other inscribed material, costs of repair and
replacement of defaced property and the law enforcement costs, as well as administrative costs
associated with the lien.
(e) Any special assessment may be collected at the same time, in the same manner
and subject to the same laws, penalties and procedures for delinquencies as ordinary municipal
taxes, subject to the provisions regarding bona fide purchasers set out in Govt. Code Section
38773.6.
11.40.050 Enforcement
This Chapter may be enforced by any means legally available to the City, including but
not limited to administrative citation.
11.40.060 Reward for Information
A reward for information leading to the identification, apprehension and conviction of any
person who has violated the provisions of this Chapter is authorized to range from $100 to
$500. Whether a reward is appropriate and the amount thereof shall be determined at the
discretion of the City Council or City Manager, based upon the severity of the crime and the
utility of the information received.
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Ordinance No. 2009-52U
Graffiti Control
SECTION 3. Effective Date
This ordinance shall take effect immediately as necessary for the protection of health,
safety and welfare within the City.
PASSED, APPROVED AND ADOPTED this day o6 2009, by the following vote:
AYES: AiJUIA,
NOES: —) / O
ABSENT: 71 /xl
ABSTAIN:
Wallace W. Edgerton, Mayor
ATTEST:
Kathy Bennett, City Clerk
APPROVED AS TO FORM:
Elizabeth Martyn, City Attorney
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