2017-215 Adding Sections to Abatement of Graffiti ORDINANCE NO. 2017- 215
AN ORDINANCE OF THE CITY OF MENIFEE, AMENDING 11.40.030
AND ADDING SECTIONS 11.40.070 AND 11.40.080 OF THE
MENIFEE MUNICIPAL CODE RELATING TO ABATEMENT OF
GRAFFITI
THE CITY COUNCIL OF MENIFEE DOES ORDAIN AS FOLLOWS:
SECTION 1. Amendment of Municipal Code. Municipal Code Section 11.40.030 is
amended and a new subsection (D) is hereby added to the Menifee Municipal Code to read
in its entirety as follows (modifications are shown in underlined text):
"11.40.030 GRAFFITI REMOVAL FROM PRIVATE AND PUBLIC PROPERTY.
(A) The owner, occupant or person otherwise in control of real property (whether
tenant, occupant or otherwise) or of personal property (whether public or private) 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 division (A) above, the city may
utilize the procedures set out in § 11.20.040(C) 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 Cal. Govt. Code § 53069.3 after obtaining
the prior written consent of the property owner or possessor.
(D) In removing the graffiti or other inscribed material, the painting or repair of a
more extensive area than necessary to remove the graffiti shall not be
authorized. The removal of graffiti shall stay consistent with removal process of the
type of existing property, such as anti-graffiti material and color paint palette.
SECTION 2. A new Section of Municipal Code. Municipal Code Section 11.40.070 is
hereby added to the Menifee Municipal Code to read in its entirety as follows:
"11.40.070 COMMON UTILITY COLORS AND PAINT TYPE.
Any gas, electric, telecommunication, water, sewer, cable or other utility
operation in the city shall paint its above-surface metal fixtures with a uniform
paint type and color which meets with the approval of the city."
SECTION 3. A new Section of Municipal Code. Municipal Code Section 11.40.080 is
hereby added to the Menifee Municipal Code to read in its entirety as follows:
"11.40.080 LAND USE PERMITS.
In approving tentative or parcel maps, conditional use permits plot plans
public use permits, or other similar land use entitlement, the city may impose
terms or conditions such as anti-graffiti material or approved color palette
designed to prevent and facilitate the removal of graffiti."
Abatement of Graffiti
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SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase
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 hereby declares that it would have
adopted this ordinance, and each and every section, subsection, sentence, clause, or
phrase not declared invalid or unconstitutional, without regard to whether any portion of
the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. Effective Date. This ordinance shall take effect 30 days from the date
of its adoption.
Z/sf
APPROVED AND ADOPTED THIS DAY OF JUNE, 2017.
G'
Neil Winter, Mayor
Attest:
S rh A. Manw ing, City Cle
Approved as to Form:
t
J re . Melching, Ci ttorney
NIF
STATE OF CALIFORNIA )
Neil R.Winter COUNTY OF RIVERSIDE ) ss
Mayor CITY OF MENIFEE )
Matthew Liesemeyer
Mayor Pro Tem I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the
foregoing Ordinance No. 2017-215 was duly adopted by the City Council of the City of
Greg August Menifee at a meeting thereof held on the 21St of June, 2017 by the following vote:
Councilmember Ayes: August, Denver, Liesemeyer, Sobek, Winter
Noes: None
Lesa A.Sobek Absent: None
Councilmember Abstain: None
John V. Denver
Councilmember
&ah A. Manw rin , C4Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
imw.cityofinenifee.us