HomeMy WebLinkAbout24 GRAFFITI REPORT 05-16-94 GENDA
50. 24
-16-94
,,ATE:
MAY 16, 1994
Inter-Com
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPAR~
SUBJECT: TUSTIN PRIDE GRAFFITI SUB-COMMITTEE GRAFFITI REPORT
RECOMMENDATION
It is recommended that the City Council review the staff's
suggested assignment of responsibilities and. projected financial
impact associated with the recommendations of the Tustin Pride Sub-
Committee and provide 'direction to staff on continuation,
implementation, alteration or elimination from consideration of the.
.Committee's fifteen '(15) recommendations.
FISCAL -IMPACT . -.-
The fiscal impact of each-rec~ndation...iS identified~' i~~ the
report. Fiscal impacts are primarily related-to personnel costs
and materials/supplies '
·
.
BACKGROUND
On March 21, 1994 the City Council accepted and reviewed a 'report_-
prepared by the Tustin pride Graffiti Sub-Committee. At the
request of the City Council, Tustin Pride formed a Graffiti Ad-Hoc
Sub-Committee to study the growing problem of graffiti and tagging
in the city and report back to the City Council with its findings
and recommendations. The final report identified twenty (20)
program concepts and ideas presented'and considered by the Ad-Hoc
Sub-Committee during the course of preparation of the report.
Fifteen (15) of the twenty (20) programs were supported and
endorsed by the Sub-Committee as valuable for consideration,
implementation and/or continuation.
The Council directed city staff to study the feasibility and
financial impacts of the sub-committee recommendations including
possible assignment of responsibilities and use of outside
resources and to repgrt back to the Council.
Exhibit A is staff's analysis of the feasibility and fiscal impact
of each of the fifteen (15) programs that were recommended by the
Ad-Hoc Sub-Committee.
A copy of the March 21, 1994 Sub-Committee Report is attached as
Exhibit B.
City Council Report
Tustin Pride Graffiti sUb-Committee Graffiti Report
May 16, 1994
Page 2
CONCLUSION
The Tustin Pride Sub-Committee has suggested many excellent
programs to eliminate or deter graffiti vandalism in the City of
Tustin. A number of the program recommendations are presently
implemented by the City of Tustin or other agencies and are working
well under the present arrangement, staff has not recommended the
allocation of additional resources or modifications to those
existing processes. Where the Sub-Committee has recommended
changes to existing programs or implementation of new programs,
staff has provided the Council with recommendations. Staff
recommendations also include assignments of responsibilities for
new programs or modification to an existing programs.
a
~~nt Dir~c~or'' 'of
Community Development
RW: kbc \kd\tpride. rw
Attachments:
Christine A~n
~sistant City Manager
·
.
..
Exhibit A:'-Analysis of-Graffiti .Sub-Committee-.--
Recommendation
Exhibit B: March 21, 1994 Sub-COmmittee Report
EXHIBIT A
Analysis of Graffiti
Sub-Committee Recommendations
1. COMMITTEE RECOMMENDATION:
Support State legislation, which would suspend driving
privileges to minors convicted of graffiti vandalism, as well
as mandate community service for vandals and their
parent/guardian.
_-
STAFF RESPONSE/COMMENT:
The Sub-Committee recommendation refers to SB 583 introduced
by Senator John Lewis in March 1993. Unfortunately, SB 583
failed to pass in the 93 Bill Year. In discussion with
Senator Lewis' aide, Don Gilchrist, City staff has found that
SB 583 has been granted reconsideration and is currently in
the Public Safety Committee although according to Mr.
Gilchrist, it appears unlikely that the bill will be approved.
A review of the 1993-94 bill status shows a total of 28
Assembly and Senate bills that deal with a variety of 'aspects
of graffiti, such as removal, criminal activity, penalties and
prevention. Of the 28 bills, five have been chaptered during
this two year session. Several pending, legislation bills are.
similar to SB 583 such as AB 2365 and SB 1779 which would
suspend drivers licenses of graffiti vandals and is presently
in the Senate -' committee on Judic,iary. It appears that
proposed State legislation adequately' covers graffiti
penalties. --~ .~
ASSIG~HENT OF RESPONSIBILITIES/RECOMMENDATION:
· Community Development Department ' '
· Police Department
· Tustin Unified School District
· Tustin Pride
Presently proposed State Legislation dealing with. graffiti
vandalism is tracked then endorsed or opposed by City staff in
the Community Development Department. through the League of
California Cities and American Planning Association. The
Police Department similarly tracks legislation through PORAC
(Peace Officers Research Association of California),
International Chiefs of Police and Local Orange County Chiefs
of Police. Tustin Unified School District also follows and
sponsors anti-graffiti legislation through the Association of
School Administrators.
Tustin Pride as a citizens committee is a valuable asset to
use for recommending stronger anti-graffiti vandalism
legislation through our State Senators and Assembly.
Additional resources are not necessary at this time and
legislative analysis performed by the Community Development
Department, Police Department and Tustin Unified School
District is adequate. The Community Development Department,
Police Department, Tustin Unified School District and Tustin
Pride should continue to monitor, support and coordinate with
other jurisdictions to encourage anti-graffiti legislation.
-
FISCAL IMPACTS:
No additional city costs are related to the continuation of
this program. Staff work is done within regular work hours.
Management staff (no overtime pay) provide city staff services
(typing, copies, preparation of materials) to Tustin Pride.
·
COMMITTEE RECOMMENDATION:
Support OraDge County Supervisor Gaddi Vasquez's proposal,
which would make it a felony to do more than $400 worth of
damage through vandalism.
STAFF R~SPONSE/COMMENT:
In September 1993, the Orange County Board of Supervisors
voted to create a special task force to develop a plan to deal
.with- and eliminate the. graffiti problem. SB 1779 was the
~ result of that task force recommendation. .~
.
Senator Marian Bergeson sponsored sB 1779 which included a
provision that would make .i't~ felony if.vandalism' damage
exceeded $400' Under existing law, if damage exceeds $50,000
a person can be charged with a felony punishable.by-up to.t6
months in a State Prison or one year in County jail. SB 1779
clarifies that graffiti is included under vandalism. On April
19, 1994 the Senate Committee on Judiciary voted-6-0 to
approve SB 1779, unfortunately the $400 provision was amended
out of the bill. Stacy Smith, Senator Bergeson's aide
informed city staff that the reason that felony damage
remained at $50,000 was the Judiciary Committee was concerned
about creating more felony offenses in an already overcrowded
prison condition. Within the next few weeks, SB 1779 is
scheduled to be heard in the Appropriations Committee
SB 1779 contains other provisions that would; (1) allow a
peace officer to arrest an individual for misdemeanor graffiti
violation without a warrant, even if the violation was not
committed in the officer's presence, (2) makes parents or
guardians liable for civil damages including the cost of
graffiti removal, replacement of damaged property and law
enforcement costs, not to exceed a total liability of $20,000.
Damages may be recovered by civil action or in juvenile court,
(3) broaden the definition of graffiti to include aerosol
paint container, large marking pen, paint.stick or etching
tool (4) develop uniform legislation that cities can adopt
·
(5) provides for the suspension or delay of driving privileges
(6) allows a city to have the probation officer of the County
recoup costs associated with graffiti vandalism through the
juvenile court system.
ASSIGNMENT OF RESPONSIBILITIES/~RCOM~m~DATIO~:
Community Development Department
Police Department
Tustin Pride
The Community Development Department, Police Department and
Tustin Pride can prepare letters of support and endorsement
for SB 1779 and direct those letters to the Appropriation
Committee Members, State Senators Lewis and Bergeson and
Assemblymembers Umberg, Ferguson and Conroy.
FISCAL IMPACT:
No additional city costs are anticipated. Staff work would be
done within regular work hours and no additional materials or
supplies are necessary.
COMMITTEE RECOMMENDATION
Continue the new City Council policy ~irective allowing Street
cleaning signs to be routinely posted ~d vehicles towed, in
all but single-family residential areas, to facilitate street
maintenance.
Tustin does not have a mandatory citywide policy that
prohibits on-street parking during regular street sweeping-
days. In 1985, the City Council established a policy
regarding posting of properties for street sweeping. The
current policy established by the City Councilfor restricted
on-street parking during street sweeping hours is a~ follows:
In single family residential neighborhoods the
restriction is imposed on a block basis, after a
requesting party(s) presents a petition signed by at
least two thirds of the property owners and/O~ residents
-of each block (both sides of street). Only one signature
per property or residence is counted.
In the case of either a condominium complex or other
multi-family use, (apartment complex) a letter of request
is required from either the property owner, apartment
complex manager or HomeOwners Association for the area
adjacent to each respective property.
The procedure for requesting parking restrictions requires the
appropriate party(s) to submit the petition or letter of
request to the Engineering Division. The City Traffic
Engineer signs a work order which is sent to Field Services
who purchases and installs the "No Parking During Street
Sweeping" signage.
·
_
ASSIGNMENT OF RESPONSIBILITIES/RECOMMENDATION
Public Works Department
- Field Services
- Traffic Engineering
Police Department
It is recommended that the City continue City Council policy
of allowing posting for street cleaning when requested by a
2/3 majority of property owners in a single family
neighborhood or along frontages of multi-family development
when requested by the property owner or apartment manager.
'FISCAL IMPACT:
No Parking signs are purchased by. the Field Services Division
and -installed by regular city field services crews.' The
estimated cost of signage.and.!abor is $57.00 per sign and are
normally absorbed into the. field operations supply budget.
Vehicle towing charges are recouped be assessing the charges
to the vehicle owner at the time the impounded vehicle is
picked up.
4. COMMITTEE RECOMMENDATION:
Based on the Catheclral City program, the Tustin Police
Department would create a formal program to maintain a list of
potential taggers in cooperation with school administrators
and teachers, and alert parents when there is a reasonable
belief that their child is.a. member of a tagging crew.
STAFF RESPONSE/COMMRNT:
The Tustin Unified' School District and Tustin Police
Department currently have a process where information on known
taggers is shared on an informal basis. There is no list of
"Potential Taggers", however, the Police Department works
closely with the District sharing information of the behavior
and attire that might signal a potential tagger problem.
According to the School District Officials and our Police
Department there are laws that limit the type of information
that can be disclosed. Current State law restrictions and the
Juvenile Court System would not permit the creation of a
formal program to list potential taggers. In addition, the
·
Police Department believes it is not legally feasible to
develop a program where information of "potential taggers" is
shared with parents.
Tustin Unified School District presently prosecutes any
student who is found vandalizing school property, and
informally shares the vandal's name with the Tustin Police
Department.
ASSI~ OF RESPONSIBILITIES/RECOMMENDATION:
Tustin Unified School District
Police Department
Staff is recommending that there be continual sharing of
information between the School District and Police Department
as an informal program.
FISCAL IMPACT:
No additional city costs are. related to the continuation of
this program.
COMMITTEE RECOMMENDATION:
..
Encourage .~d educate Neighborhoo~ Watch or~j.~izations in
areas that have graffiti'pr0bl~, to be more involved with
..,
apprehending graffiti vandals..
The Tustin Police Department generally uses Non-Sworn
Community Service officers .to go out into the community to
deal with graffiti and gang education programs. Due to
personnel limitations, the present process is reactive in
nature and officers do not regularly interact with
Neighborhood Watch or Community groups unless specifically
requested. In order to establish a proactive program as
.recommended by the Sub-Committee, the Police Department
estimates they need two additional Community Service Officers·
The 1993-94 Budget authorized the hiring of one Community
Service Officer which has not been filled.
TEAM (Tustin Effective Apartment Managers) is a Tustin
organization which lists 90 apartment managers in its
membership. TEAM meets monthly with an average of 40.-50
apartment complex managers in attendance. TEAM is a willing
and eager resource for distribution of community information.
The City's Community Resources Officers and Code Enforcement
Officer regularly attend TEAM monthly meetings and share
information regarding the City's anti-graffiti efforts.
·
ASSIGT~MENT OF RESPONSIBILITIES/RECO~ATION=
Police Department
TEAM (Tustin Effective Apartment Managers)
Tustin Homeowners Associations
It is recommended that the.budgeted Community Service Officer
position be evaluated in conjunction with preparation of the
1994-95 City Budget. Continue to work closely with TEAM and'
use them as a resource for sharing information. Commence a
program to have Community Service Officer make presentations
at Tustin Homeowners Association Meetings.
FISCAL IMPACT:
Estimated 'salary and benefits for hiring a community Service
officer at step A is $28,060.
COMMITTEE RECOMMENDATION:
Similar to the Moreno Valley exhale, develop a formal
training course by the Police Department on graffiti so that
citizens can be more aware of the role they can play in
monitoring and. apprehending graffiti v~-~ls.
STAFF RESPONSE/COMMENT:
.
.
In March 1994, the Tustin Police Department initiated the
"Citizen Police Academy" program, a 10-week course is open to
candidates who are at least 21 years old;-live-or work. in
Tustin; have no felOny convictions and no misdemeanor arrests
in the last year· Academy classes are taught by police
employees and patrol officers· The program has been designed
with a 2'hour class devoted exclusively to tagging and
graffiti.
ASSI6~9~FT OF RESPONSIBILITY/RECOMMENDATION:
· Tustin Police Department
It is recommended that the City continue the "Citizen Police
Academy" program
FISCAL IMPACT:
No additional salary costs are associated with this program.
At present the "Citizen Police Academy" is taught by officer
volunteers who either teach during their regular work hours or'
volunteer their.off-time hours. Materials and supplies, such
as informational flyer, class materials, class binders and
graduation certificates are paid for out of the General Fund.
COMMITTEE RECOMMENDATION:
·
Similar to the program in Moreno Valley, create a system for
cost recovery by using small claims court.
STAFF RESPONSE/COMMENT:
.
-
Using the current small claim court system to collect damages
is both burdensome and costly. Generally damage costs do not
exceed $200, however, the City Attorney and City staff time
involved to prosecute far exceeds the damages that can be
collected·
For damage on school property, the Tustin Unified School
District has filed two small claims cases this year. If the
vandal is a student, usually the District is able to recoup
damages by withholding grades.
SB 1779 contains a provision to allow cities to more easily
collect actual damage costs, rewards that are paid out by City
and staffing costs from apprehended graffiti vandals (see
discussion under Recommendation #2).
ASSIGNMENT OF RES~0NSIBILITIES/RECOMMENDATION:
· Community Development Department ~,
· Police Departmeht .~'
·
It is recommended that the City support'SB 1779 and similar
legislation that w0hld make collection of cost .recovery
easier.
FISCAL IMPACT:
If the City decides to pursue the small claims court
collection method fiscal impacts will include court costs and
staff costs. Supporting and monitoring of SB 1779 or
endorsement of similar legislation will not require additional
staffing costs.
·
COMMITTEE RECOMMENDATION:
Create an Adopt-A-Park program to help offset the cost of
graffiti removal.
STAFF RESPONSE/COMMENT:
The sub-committee report recommends the establishment of a
program similar to Cal Trans Adopt-A-Highway program where
sponsors would contribute an amount of money for removal of
graffiti in city parks and be recognized and acknowledged for
their contribution by a sign or placque in the park. In order
to encourage sponsorship, the sub-committee recommended that
contributions could be made to the Tustin Foundation thereby
allowing contributions to be tax deductible. The Foundation
has tentatively endorsed this approach, however, the
Foundation has not received its tax exempt status yet. The
Community Services Department has expressed concern regarding
what the Adopt-a-Park contributions will cover. In the_.event
that a park receives little or no graffiti within the
sponsorship year could the remaining monies be used for
equipment repairs, landscaping, trash cans, etc. or will the
program be so structured that monies will only be used for
park graffiti removal as indicated in the sub-committee
recommendation. Staff would recommend that the Adopt-A-Park
concept be expanded to include sponsorship for park graffiti
removal as well as park equipment repa~ and landscape
enhancements. .-
·
·
ASSI6~%FT OF RESPONSIBILITIES/RECOMMENDATION:
· Community Services
· Field Services
· - Parks and Recreation commission
· . Tustin Pride
It is recommended· that the City ,Council refer the sub-
committee recommendation to the" Parks' and ~iRecreation
Commission. The Parks...and ~RecreatiQn Commi~siQn should
consider feasibility ahd. costS of an Adopt-A-Park program and
then develop a program 6hat"is cost effective in keeping our
parks graffiti free and effective in offsetting costs of park
graffiti removal services. The Commission should also
identify the roles and'respOnsibilities of Tustin Pride and
Community Services Department and other agencies.
FISCAL iMPACT:
The sub-committee report recommends that each sponsor would
pay $1,500 annually or $125 per month to Adopt-a-Park. The
report also recommends the fabrication and installation of a
placque at the park identifying the sponsor. The costs of
this sign was recommended to be borne by the City. The Field
Services Manager estimates the cost to be approximately $100
per sign.
COMMITTEE RECOMMENDATION:
9. Distribute the "Stop Graffiti" brochure.
STAFF RESPONSE/COMMENT:
The Community Development Department has prepared a "Stop
Graffiti" brochure in English and Spanish translations. The
8
brochure was prepared in-house by city staff. At the present
time the brochure is available at City Hall, Police
Department, Tustin Library, through TEAM and the City's Code
Enforcement Officer. In discussions with Tustin Unified
School District, they have agreed to make "Stop Graffiti"
brochures available to their elementary and middle school
students and families as part of their registration packet in
August. The District believes that it would be ineffecfive to
distribute to high school students since the time to reach
students is in the younger grades. The District will,
however, place brochures at their high school campus offices
and district offices.
ASSIGNMENT OF RESPONSIBILITIES/RECOMMENDATION:
Community Development Department
It is recommended to continue the distribution of "Stop
Graffiti" brochures at City Hall, libraries, special city
events, through TEAM, through TuStin Pride and Police
Department. Provide the Tustin Unified School District with
15,000 brochures annually for distribution in school
registration packets and availability at school campus
offices.
In2house printing costs '.'for .' labor and- materials are
approximately $65 per 5,000 brochures this cost is absorbed in
Community Development-Department sUpply budget-. Whileoutside
printing.services are more costly ($300 per-5,000 brochures}
it would allow for heavier quality paper to be used thereby
creating a better'quality professional brochure.
COMMITTEE RECOMMENDATION:
'10. Require all middle and high school 'students to have their
parent or legal guard/an sigu a statement making them aware
that they will be held financially responsible for their minor
children's graffiti damages.
STAFF RESPONSE/COMMENT:
As part of the school registration packet and in accordance
with the Education Code, Tustin Unified School District
provides information to parents/guardians regarding parental
financial responsibility for their minor children's damage,
including graffiti, on school propertyJ Parents/guardians are
required to sign that they have read the information. School
District officials have agreed to update their material this
Upcoming school year to include a statement regarding
financial responsibility for graffiti damage outside of school
property.
ASSI6~MENT OF RESPONSIBILITIES/RECOMMENDATION:
Community Development Department
Tustin Unified School District
It is recommended that the City Council direct the Community
Development Department to work with the Tustin Unified School
District Director of Student Services, to develop appropriate
wording for the new financial responsibility statement.
FISCAL IMPACT:
None to City of Tustin or Tustin Unified School District
COMMITTEE RECOMMENDATION:
11. Distribute "Tustin Anti-Tag Rag" t-shirts in elementary
schools.
STAFF RESPONSE/COMMENT:
L-While the SchOol. District is Supportive of anti-graffiti
messages, accordingto the Tustin Unified School District, the
Education Code will not permit items such as t-shirts to be
sold on school property.~. Any.monies from the sale of items on
school property must be returned to the District for school
programs. In lieu of selling' t-shirts at schools, anti,tag
shirts could be placed for sale at city sponsored events,-i'e,
Tiller Days. Start up costs and initial purchase of t-shirts
could be borne by Tustin Pride who would also administer the
distribution of the shirts. Monies recouped from sales would
be used to pay back initial purchases and for purchase of
reorders.
ASSIG~MENT OF RESPONSIBILITIES/RECOMMENDATION:
Tus~in Pride
Encourage Tustin Pride to proceed with the program
FISCAL IMPACT:
None to City. Manufacturing costs to Tustin Pride, with
reimbursement through sales of t-shirts.
cOMMITTEE RECOMMENDATION:
12. create annual Anti-Graffiti poster contest for elementary,
middle and high school students.
10
STAFF RESPONSE/COMMENT=
After the preparation and presentation of the Sub-Committee
Graffiti Report, Tustin Pride recommended that the contest be
changed from a poster contest to a t-shirt design contest to
coincide With Recommendation No. 11.
_-
City staff met ~with School District representatives who
endorsed this type of contest. Mr. Mark Elliott, the
Districts Communication Specialist agree to assist Tustin
Pride in designing, publicizing and operating the contest.
Tustin Pride would be responsible for publicity and selection
of the winning entries and coordinating the display of winners
at special events. The Sub-Committee report recommended .a
monetary prize award to be provided by the City as well as a
City Council proclamation.
ASSIGNMENT OF RESPONSIBILITIES/RECOMMENDATION:
Tustin Pride
Tustin Unified School District
It is recommended that the City Council instruct Tustin Pride
to prepare a detailed scope for the contest including the
number, and- amount of money prizes, expected to be needed.
Based on.financial contributions~requested the City 'Council
should make a decision, as.-to their level of financial
commitment. Staff recommends' that at this time the Council
commit to providing proClamatiOns to contest winners.
FISCAL IMPACT:
The sub-committee report recommended a $100 bond for each
winner to be provided by the City. Since the contest scope
has not been· refined at this time, staff is unable to
determine the full financial impact to the City. The contest
may be designed so that a winner is chosen from each school
grade or a 1St, 2nd and 3rd place winner from each school
which would significantly affect the amount of contributions
requested from the City.
If the contest is operated as a regular part of school
curriculum, the School District will absorb the cost as part
of the school operations. If the event is held off campus
there may be costs associated with the contest.
COMMITTEE RECOMMENDATION:
13. As part of the Tustin Police Department's youth programs,
create a formal Graffiti presentation for elementary school
children.
11
14.
STAFF RESPONSE/COMMENT=
The Tustin Police Department operates the DARE program in the
schools. The DARE program is structured and does not permit
deviations in course materials so therefore graffiti is not
covered formally within the program. The EDGE program is an
anti-gang, anti-graffiti program targeted toward Kindergarten
through Fourth Grade. Tustin Police Department already has
the materials to teach this program in the schools but lacks
adequate personnel. Community Service Officers generally
operate this program in the schools (see discussion under
Recommendation No. 5 regarding Co--unity Service Officer
position).
ASSIGNMENT OF RESPONSIBILITIES/RECOMMENDATION:
Tustin Police Department
It is recommended that the budgeted Community Service Officer
position be evaluated in conjunction with preparation of the
1994-95 City Budget.
-
FISCAL IMPACT:
Estimated salary and benefits.for hiring a Community Service
Officer at Step A is $28,060
--.
..
COMMITTEE RECOMMENDATION: .
Request that city media, specifically, Tustin News and Tustin
Weekly, refrain from publishing photographs of graffiti and
tagging.
STAFF RESPONSE/COMMENT:
Tustin Pride is recommending a media awareness campaign to
develop the media's sensitivity to increase vandalism that
occurs following coverage that glorifies graffiti.
ASSIGNMENT OF RESPONSIBILITY/RECOMMENDATION:
· Tustin Pride
· City Council
That both the City'Council and Tustin Pride request in writing
that Tustin News, Tustin Weekly, Orange County Register and
Los Angeles Times not glorify graffiti vandalism by running
photographs of graffiti occurrences.
FISCAL IMPACT:
None
- 12
_COMMITTEE RECOMMWNDATIO~,:
15. Create a Diversion Program for apprehended taggers, whereby in
lieu of conviction they would agree to counseling, community
service and restitution.
.STAFF RESPONSE/COMM~mFf:
In their Graffiti Report the Sub-Committee recommended that.
the City of Tustin establish a City program which would
provide for a part-time counselor to ensure apprehended
vandals perform community service programs and pay
restitution. According to the Tustin Police Department this
is not an economically feasible program. Tustin's referral
rate is too low to offset the costs of such a program. As an
example the City of Orange has developed a similar program
which costs between $60,000 - $70,000 per year to.operate.
The Graffiti Report also recommended that the part-time
counselor salary could be funded through TAFFY as part. of the
Healthy Start application. According to the School District
.a graffiti diversion counselor's salary would not qualify
under the TAFFY grant, the District also .expressed
.reservations regarding the success of such a City Diversion..
Program Additional Icounseling resOurces ..are .available
through the'Assessment & Treatment~. Services Center (ATSC).
ATS-C".is a program designedt0'.halt anti_socialand.delinquent
behavior in youth before"conduct..becomes repetitive. Tustin
Police Department regularly.refers apprehended vandals.to this
program and highly, recommends this program.'
Mechanisms to make restitution of damages and recouping Of
associated staff costs easier are proposed. (see discussion
of SB 1779, Recommendation No. 2 regarding restitution and
recouping costs).
ASSIGNMENT OF RESPONSIBILITIES/RECOMmeNDATION:
· Tustin Police Department
Continue to refer graffiti vandals to the County's Diversion
Program. Encourage closer monitoring of graffiti vandals in
the performance of their community service hours and more
efficient feedback through probation and the courts in order
to decrease repeat offender problems.
It. is also recommended that the City participate through use
of Community Development Block Grant (CDBG) funds to the
Assessment and Treatment Services Center (staff is
recommending $10,000 as part of the 1994-95 CDBG program).
13
FISCAL IMPACT:
Part time salary of counselor was estimated by the sub-
committee at $600-750 per month if the City accepts the
Committees' recommendation. Based on the City of Orange
program actual salary costs should be expected to be higher.
In addition 'to salary the Sub-Committee recommended that an
Office space at a City facility be provided and that the City
absorb costs of materials and other expenses of the counselor.
The cost of assisting the Assessment Treatment Services Center
will be $10,000 in Fiscal Year 1994-95 utilizing CDBG funding.
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EXHIBIT B
Graffiti Sub-Committee Report
March 21, 1994
lnter-Com
NO. ~4
3-21-94
ATE:
MARCH 21, 1994
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOP~ DEPARTMENT
TUSTIN PRIDE GRAFFITI SUB-COMMITTEE - REPORT ON GRAFFITI
...
RECOMMENDATION
It is recommended that the City Council review and discuss the
attached report on graffiti, provide direction to staff to study
the feasibility and financial impacts of the sub-committee
recommendations including possible assignment of responsibilities
to city departments, school district, Tustin Pride Committee and
other outside resources and report back to the Council within 30-45
days.
_ .
FISCAL IMPACT- '
There is no fiscal impact associated with the preparation of this'
report. Fiscal impacts associated with the implementation of the
sub-committee recommendations 'will be identified under the
feasibility and financial-~impact report to Council~
BACKGROUND
Tustin Pride is an Ad-Hoc Advisory Committee of the City of Tustin
created by the Tustin City Council on January 19, 1993. In
resPonse to a City .Council request of Councilman. puckett and
Councilman Thomas, Tustin Pride developed a sub-committee on May 4,
1993 to specifically address the problem of graffitiand tagging in
the commUnity. Sub-committee membership includes several members
of Tustin Pride as well as non-member community residents who have
participated because they were expressly interested in the problem
of graffiti (List of Participants,-Attachment 1).
The first Graffiti Sub-Committee meeting was held on May 4, 1993.
Over the past ten (10) months the Committee has been working to
gather information on existing programs, events and ideas which
deter and discourage graffiti. In addition to the preparation of
this report, the Sub-Committee organized a Graffiti Paint-Out Day
(June 26, 1993), prepared and circulated a questionnaire to the
Sub-Committee members, provided a recommendation to the City
Council for supporting legislative changes regarding graffiti (SB
583), created public awareness through media and publicity and
City Council Report
Tustin Pride Graffiti Sub-Committee
Report on Graffiti
March 21, 1994
Page 2
recommended and provided input to the development of an anti-
graffiti city brochure.
The Graffiti Sub-Committee has completed a report on graffiti to
the City Council. The report provides background information on
Tustin's Graffiti problem, description of the present city
programs, a survey of other pro~rams in the region and'twenty (20)
recommendations for the City Council's consideration.
est~iel~ .
Assistant Director
Community~ Development Department
_
RW: kbc\grafsub, rw
Christine A. S~ngleton
Assistant City' Manager
A1-FACHMENT I
GRAFFITI SUB-COMMITTEE
Participants
Teri Knoll-Binaei
Sandy Hord
Kristi Henderson
Erin Nielsen
David Ross
Joan Reigottie
Guido Borges
David Nugent
Deidre.&Steve Bird
.
Rev. Louise FairWeathre
Peter Kirk
Darlene Coatney
Glenda Gregory
Jill Thompson
Don Biery
Leslie Pontious
Chuck Puckett
Kevin Casserly
Andrew Savage
A1 Baker
David Vandaveer
Dean Surian
Cliff Polston
Chris Argubroght
Don Larson
Chris Cormack
· Don Le Jeune
Dorine Fisher
Lou Bone
Nan Lunn
Ken Royal
TUSTIN PRIDE
March 21, 1994
TABLE OF CONTENTS
EXECUTIVE SUMMARY
I. INTRODUCTION
II. OVERVIEW OF GRAFFITI PROBLEM
III. REVIEW OF TUSTIN'S APPROACH TO GRAFFITI
IV. REVIEW OF OTHER CITIES' APPROACHES
12
Ve
IDEAS/RECOMMENDATIONS
Vi. SIGNATURE PAGE
-
17
26
APPENDICES: "
QUESTIONNAIRE
GRAFFITI REMOVAL Obi PRIVATE' pRoPERTY
:
RESOLUTION NO. 93-62
ORDINANCE NO. 1079
TUSTIN CITY CODE SECTION 5700
ORDINANCE NO. 1080
TUSTIN CITY CODE SECTION 5500
SENATE BILL 583
GRAFFITI BROCHURE (ENGLISH AND SPANISH VERSION)
..
Tustin Pride i Report on Graffiti
In June of 1993, at the request of the City of Tustin, Tustin Pride formed a Graffiti
Sub-committee to study the growing problem of graffiti and tagging in the city,
investigate what other cities are doing to meet this challenge, and report back .to the city
·
_
with its findings and recommendations.
Overview of Problem
The City of Tustin's annual cost to remove graffiti vandalism from public and private
properties in the City is approximately' $60,000. The city averages at least one tagging
·
·
a day. In Calendar year 1993 the T~tin Graffiti Removal Program saw an 18 % increase
over--1992 iff graffiti incidents, from 283 to 335, and a 26% increase in removal costs,
·
.
from $20,177.50 to $Z5,399 on private property handled by the city contractor.
Graffiti has become a .greater challenge as its offshoot- tagging - has become a
cultural fad among the area's youth. The first step in combating tagging is to realize that
there is no simple solution.
Tustin Pride // Report on Graffiti
Review of Tustin's Approach
Over two years ago the Tustin City Council adopted Ordinances No. 1079 and No.
_
1080, which prohibited owners from allowing graffiti to remain on their property longer
than seven days after notification from the city, allowed for the creation of a Graffiti
Removal Program, restricted the sale or possession of paint to minors, and established
a reward program for information leading to the apprehension of graffiti vandals.
The Graffiti Removal Program targets graffiti illegally placed on both public and
-
private properties. A 24-hour Graffiti Hotline exists for anyone who spots graffiti on
_ :_
publle or private property.'~ If graffiti, is obserVed on public property, the TUstin Public
Works Department is called. The City removes graffiti from private property within
.,
generally within 72 hours and generally at no charge to the property owner. The City
funds the removal of graffi from private property using Community Development Block
Grant funds; the budget allocation for fiscal year 1993-94 is $35,000. Graffiti is removed
from public property by the Tustin Field SerVices Division. While the. Public Works
Department officially allocates $11,000 in the current budget, much of the Graffiti
expenses are absorbed within the Department's budget.
Tustin Pride iii Report on Graffiti
Due to the sporadic patterns of graffiti vandals, police surveillance efforts have largely
been unsuccessful at preventing graffiti. However, the City's graffiti reward program has
led to the apprehension of four graffiti vandals. The reward is currently set at $250, and
is given to an individual when information they provide leads to the arrest and conviction
of a graffiti vandal.
California State Law requires the city to file a civil ..suit to collect damages to public
property; likewise, a private property owner would need to f'fle suit in order to recover
costs. On June 21, 1993, the Tustin City Council adopted Resolution No. 93-62;
endorsing Senate Bill 583 which proposed increasing penalties for convicted graffiti
.
v~, thereby putting pressure on accused vandals, tO' settle civil claims out of court in
·
remm for a lessor penalty. UnfortunatelY,. the bill failed to pass.
While there is not a formal program, the Tustin Police Department provides anti-
graffiti information to local elementary schools. In coordination with the Tustin Unified
School District the city also sponsored an Anti-Graffiti Poster Contest last school year
aimed at the middle schools.
Tustin Pride iv Report on Graffiti
· j
Other Cities' Approaches
In our review of other cities approaches we found that successful graffiti programs
·
_
included the creation of a list of potential taggers, community paint-outs, modifying
DARE and Neighborhood Watch programs to include formal graffiti training, training of
citizens for graffiti patrols, and systemization of cost recovery from accused graffiti
vandals.
Recommendations
- _
-:itliS Tusti~ Pride's general conClusion that the City of Tustin has done an excellent job
__.
in responding to the fad of tagging. We'fully endorse Tustin's Graffiti Removal Program
·
.,
as the centerpiece of any multi-faceted approach to combating graffiti. Suppression seems
to be the best way'prevent graffiti. ......"
However, we do believe more can still be done within Tustin to counter the graffiti
problem. The following is a list of our 15 recommendations:
Legal/Policy Reform
le
e
Support State legislation, which would suspend driving privileges to minors
convicted of graffiti vandalism, as well as mandate community service for vandals
and their parent/guardian.
Support Orange County Supervisor Gaddi Vasquez's proposal, which would make
it a felony to do more than $400 worth of damage through vandalism.
Tustin Pride v Report on Graffiti
.
Continue the new City Council policy directive allowing street cleaning signs to
be routinely posted and vehicles towed, in all but single-family residential areas,
to facilitate street maintenance.
Apprehension
o
o
.
Based on the Cathedral City program, the Tustin Police Department should create
a formal program to maintain a list of potential taggers in cooperation with school
administrators and teachers, and alert parents when there is a reasonable belief that
their child is a member of a tagging crew.
Encourage and educate Neighborhood Watch organizations in areas that have
graffiti problems to be more involved with apprehending graffiti vandals.
Similar to the Moreno Valley example, develop a formal training course by the
Police Department on graffiti so that citizens can be more aware of the role they
can play in monitoring and apprehending graffiti vandals.
Cost Recove~
go
'BaSed on pingram 'in Moreno Valley, create a ~system for cost recovery after a
graffiti vandal has been apprehended.-' ~,. -°
Create an Adopt-A-Park program to help. offset the cost of graffiti removal.
Graffiti Removal
9. Distribute a "Stop Graffiti" brochure.
Education
10.
11.
12.
13.
Require all middle and high school students to have their parent or legal guardian
sign a statement making them aware that they will be held financially responsible
for their minor children's graffiti damages.
Distribute "Tustin Anti-Tag Rag" t-shirts in elementary schools.
Create an annual Anti-Graffiti poster contest for elementary, middle and high
school students.
As part of the Tustin Police Department's youth programs, create a formal Graffiti
presentation for elementary school children.
Tustin Pride vi Report on Graffiti
14.
Request that city media, specifically, Tustin News and Tustin Weekly, refrain
from publishing photographs of graffiti and t~.gging.
Diversion
_.
15. Create a Diversion Program for apprehended taggers, whereby in lieu of
conviction taggers would agree to counseling: community service and restitution.
Tustin Pride ~Si Report on Graffiti
:}:::
_ Tustin Iride 1 Report on Graffiti
Tustin Pride was formed by the Tustin City Council in March of 1993. As a
Committee of residents and business interests in the City of Tustin, the Tustin City
Council created the Committee to provide an opportunity for interested parties proactively
·
.
interested in improving and/or maintaining the ambience that Tustin residents have come
to expect. The Committee's mission statement is: "Expand community pride through
projects and community action-- to promote a cleaner, healthier, safer, more beautiful
Tustin."
In June of 1993, at the request of the City Council, Tustin Pride formed a Graffiti Sub-
.
_
committee to study the growing problem of graffiti and tagging in the City, investigate
What-other 6ifies are doing to meet .this challenge, 'and report back to the Ci~? Council
with its findings and recommendations; "'This report is a product of that request..
.The Graffiti Sub-committee meetings were attended by a wide array of Tustin interests,
including residents, apartment managers, local business owners, clergy, council members,
school board representatives, police representatives, parks and recreation commissioners,
and graffiti removal companies. Staff from the city's Community Development
Department, Community Services Department and Field Services Department served as
liaison to the Sub-Committee. Many good ideas were heard. The Subcommittee gathered
input from everyone involved, as well as receiving reports prepared by the Cit3' staff and
Tustin Pride 2 Report on Graffiti
other sub-committee members. A survey questionnaire was distributed at the second
meeting of the Sub-committee. At the first meeting a number of specific project ideas
were proposed. The purpose of the questionnaire was to prioritize the direction that task
·
_
members wished the investigation to proceed (See Appendix). The Graffiti Sub-
committee even tested the idea of a Graffiti Paint-Out. This report is an attempt to
convey these ideas clearly, and present a number of recommendations to assist the City
in dealing with the graffiti problem in a manner that is most effective for the City of
Tustin.
A report cOmmittee was formed, consisting Of Les~e Anne Pontious, Nan Lunn, Terri
_..
Knoli-Binaei and Ken Royal. The report was then presented to the. Graffiti Sub-
!
.,. .
committee for approval, and then to Tustin Pride for approval.
Report on Graffiti
'~' Tustin Pride 3
Tustin Pride 4 Report on Graffiti
Graffiti is one of the most challenging problems facing Orange County's cities. The
damage costs the county as a whole an estimated $4 million annually; in the City of
Tustin its annual cost is approximately $60,000. These figures do not include the law
·
_
enforcement expenses or the costs to retail businesses, commercial centers, and apartment
and condominium complexes, who often absorb the removal costs by painting out the
graffiti on their property.
The City of Tustin averages at least one tagging a day. In calendar year 1993 the
_Tustin Graffiti Removal Program saw an 18% increase over 1992 in graffiti incidents,
from 283 to 335, and a 26% increase in removal costs, from $20,177.50.to $25,399 (See
APPendix - Graffiti Removal On private Property).
,.
These costs and graffiti incidence
rates refer only to the removal of graffiti from private property, at city expense, through
.,
a private contractor.
Graffiti has become a greater challenge as its offshoot - tagging - has become a
cultural fad among the area's youth. Tagging is specifically the act of vandaliZing public
or private property by spray-painting or engraving a symbol or sign. It is a contest to
see who can make their sign most visible. Tagging is usually performed at night. Some
taggers work alone, others in groups, gangs or crews. Taggers have their own lingo and
their own fashions. Many do not meet the "angry youthM stereotype, and come from
..... Tustin Pride 5 Report on Graffiti
"good families" and receive high grades in school. Tagging cuts across every ethnicity
and class distinction.
The first step in combating tagging within the City of Tustin is to realize that there is
no simple solution. Graffiti has always been with us. It has become a fad because.media
and fashion trends lend it respectability. Its underlying cultural muses are not going to
disappear. Even if Tustin were to somehow meet the emotional needs of every Tustin
teen, the problem would still persist. Tustin's geographical location at the interchange
of two major freeways makes it a convenient target for other's cities' taggers. While
Tustin has its share of taggers, much of the vandalism inflicted within the City comes by
waYbfteen~gers from Other cities, some coming from-as far away as Riverside'and San.
Bernardino .... ---
..
Realizing that a simple solution is not available, we can still make a difference to
improve our city. In order to achieve success we recommend a comprehensive multi-
faced approach, including legal reform, apprehension, cost recovery, graffiti removal,
education, publicity and diversion.
Tustin Pride 6 Report on GratI'rd
Tustin Pride 7 Report on Graffiti
On November 18, 1991, the Tustin City Council adopted Ordinance No. 1079 (See
Appendix), formally adopting Code SeCtion 5700 (See Appendix), prohibiting owners
from allowing graffiti to remain on theft property longer than seven days after being
-
notified by the city that removal is required, restricting the Sale or possession of paint to
minors, and establishing a reward program for information leading to the apprehension
of graffiti vandals.
Also on November 18, 1991, the Tustin City Council adopted Ordinance No. 1080
(See Appendix), formally adopting Code SeCtion 5500 (See Appendix), which established
maintenance standards for the City. ¥i~e'Property 'Maintenance Ordinance allowed for
...
the' dreation of a Graffiti RemoVal Program by giving:city staff the authority to remove
..
graffiti from private property when an'owner is unable or unwilling to remove it. Under
the ordinance, costs for such removal coulli then be billed to the property owner or
placed as lien against the property.
Tustin's approach to graffiti also includes the following:
Graffiti Removal Program - This is a program to paint over or remove graffiti illegally
placed on properties within the City of Tustin. When private property that has been
tagged is observed by citizens, they call the 24-hour Graffiti Hotline. Graffiti properties
Tustin Pride 8 Report on Graffiti
are also identified, by City staff; Council and Commissioners, who report the occurrence
to the city's code enforcement officer. If graffiti is observed on public property, staff
contacts the Tustin Public Works Department for immediate removal.
The city removes graffiti from private propert?- generally within 72 hours at generally
no charge to the property owner. In order to serve as many properties as possible with
limited funds, the City has established guidelines to limit removal costs from any one
property to a maximum of $1000 per year. Special circumstances do allow flexibility in
exceed this mount. The removal is done through a private contractor, Graffiti Removal,
Incorporated, whose contract hms until September of 1994. Their charge to the city
varies depending upon the amount of graffiti, though"the minimum cost is $35 per job.
. .
· The ~ity funds this expeme with Community Development Block Grant funds through the
..
,
Federal Department of Housing and Urban' Development. The budget allocation for fiscal
year 1993-94 is $35,000.
Graffiti is removed from public property by the Public Works-Field Services Division.
While the Public Works Depatunent officially allocates $11,000 in the current budget,
many of the expenses for this are absorbed within the Department's budget; for example,
the salaries of Department staff members who are involved in the removal are not
included in the $11,000 budget allocation.
Tustin pride 9 Report on Graffiti
Apprehension -- Due to the sporadic patterns of graffiti vandals, police surveillance
efforts have largely been unsuccessful at preventing graffiti. The reward program has led
to the apprehension of four graffiti vandals. The reward is currently set at $250. Those
_-
·
arrested can be charged with a misdemeanor fine of $500 (first offense) or $1,000
(second offense). Minors are not sent to Juvenile Hall because currently there is only
room there for major criminal offenders.
Legal Reform- The City Attorney has determined that California State Law invalidates
Ordinance 1079's provisions for the recovery of the graffiti reward and costs for clean-up
·
from the'perpetrators or their legal guardians. Thus, the city would have to file a civil
suit t'o collect damages to public Property; likewise, a private property owner would need
,.
to file suit in order to recover costs. ','In order,"to provide the city greater leverage in
settling recovery cases, at the Graffiti Sub-committee's request, the Tustin City Council
adopted Resolution No. 93-62 (See Appendix), endorsing Senate Bill 583 (See Appendix),
sponsored by Tustin State Senator, John Lewis. The bill would have prohibited convicted
graffiti vandals from obtaining a driver's license until the age of 18, required them to
perform community service of 40 hours (first offense) or 80 hours (subsequent offenses),
and required the vandal's parent or gUardian to participate in their community service or
pay a fine of up to $1,000. It was the hope of the committee that this law would put
pressure-on accused vandals to settle civil claims out of court in return for a lessor
Tustin Pride 10 Report on Graffiti
are also identified, by City staff, Council and Commissioners, who report the occurrence
to the city's code enforcement officer. If graffiti is observed on public property, staff
contacts the Tustin Public Works Department for immediate removal.
The city removes graffiti from private property generally within 72 hours at generally
no charge to the property owner. In order to serve as many properties as possible with
limited funds, the City has established guidelines to limit removal costs from any one
property to a maximum of $1000 per year. Special circumstances do allow flexibility in
exceed this amount. The removal is done through a private contractor, Graffiti Removal,
Incorporated, whose contract runs until September of 1994. Their charge to the city
varies depending ~upon the amount of graffiti, though the minimum cost is $35 per job.
. .
The City funds this' expense with Community Development Block Grant funds through the
Federal Department of Homing and Urban' Development. The budget allocation for fiscal
year 1993-94 is $35,000.
Graffiti is removed from public property by the Public Works-Field Services Division.
While the Public Works Department officially allocates $11,000 in the current budget,
many of the expenses for this are absorbed within the Depamnent's budget; for example,
the salaries of Department staff members who are involved in the removal are not
included in the $11,000 budget allocation.
Tustin pride 9 Report on Graffiti
_Apprehension -- Due to the sporadic patterns of graffiti vandals, police surveillance
efforts have largely been unsuccessful at preventing graffiti. The reward program has led
to the apprehension of four graffiti vandals. The reward is currently set at $250. Those
·
.
arrested can be charged with a misdemeanor frae of $500 (first offense) or $1,0~
(second offense). Minors are not sent to Juvenile Hall because currently there is only
room there for major criminal offenders.
_Legal Reform- The City Attorney has determined that Calffmafia State Law invalidates
Ordinance 1079's provisions for the recovery of the graffiti reward and costs for clean-up
-from the perpetrators or their legal guardians. Thus, the city would have to file a civil
Suit t0 Collect damages to public property; likewise, a private property owner would need
,
to file suit in order to recover costs..'In order/t° provide the city .greater leverage in
.,
settling recovery cases, at the Graffiti Sub-committee's re. xluest, the Tustin City Council
adopted Resolution No. 93-62 (See Appendix), endorsing Sena~ Bill 583 (See Appendix),
sponsored by Tustin State Senator, John Lewis. The bill would have prohibited convicted
graffiti vandals from obtaining a driver's license until the age of 18, required them to
perform community service of 40 hours (first offense) or 80 hours (subsequent offenses),
and required the vandal's parent or guardian to participate in their community service or
pay a fine of up to $1,000. It was the hope of the committee that this law would put
pressure on accused vandals to settle civil claims out of court in return for a lessor
Tustin Pride 10 Report on Graffiti
penalty, such as havh~g their parents be exempt from punishment. Unfortunately, the bill
failed in the Public Safety Committee of the State Senate.
Education - While there is not a formal program, the Tustin Police Department provides
anti-graffiti information to local elementary schools. In coordination with the Tustin
Unified School District the city also sponsored an Anti-Graffiti Poster Contest last school
year. The contest was aimed at middle schools, and over 50.entries were. received. A
winner and three runners-up were chosen by the Graffiti Sub-committee. The youngsters
efforts were acknowledged at a City Council meeting last October, where each was
-
presented with a proclamation and the winning entry was framed. '-' ·
.. ·
_
Tustin Pride 11 Report on Graffiti
Tustin Pride 12 Report on Graffiti
The purpose of this section is to provide an examination of how a few select cities have
chosen to deal with their graffiti problem in a comprehensive way. These cities are
Cathedral City, Cerritos, Irvine, Moreno Valley and Visalia. These cities were chosen
because they have multi-faceted approaches that many people feel should be viewed at as
"model programs."
In many instances these cities have programs that include many of the methods Tustin
currently utilizes to combat graffiti, such as hoflines, rewards and removal services.
While these facets may be import_ant to their overall approach, only more distinctive
tactics are highlighted in this report.
The City of TustiniS--unique- We should n0t blindly duplicate another city's approach,
·
as our city has its own challenges and characteristics. These cities may have larger
budgets and populations, a greater graffiti problem, or a higher concentration of
· ~
..
teenagers. Yet, we can learn from the successes of other, cities and apply their ideas
where there are similarities.
Cathedral Ci_ty -- The city's graffiti program'is administered by a three person unit which
works with the Community Service and Law Enforcement Departments. Its annual
budget of $249,000 is paid for with a $12 annual tax per property. Since initiating the
program, graffiti has dropped from 3,600 incidents to 400 incidents per year.
Tustin Pride
13
Report on Graffiti
Highlights:
List of Taggers - This has been their most effective tool in reducing tagging.
They compile and update a list of all students in all middle and high schools in
Cathedral City and its surrounding cities. They contact school administrators and
teachers in order to gather more information, such as which students are suspected
of being taggers and what their nickname or moniker is. Law enforcement
officers give workshops to teachers to make them aware of the signs that indicate
that their students may be in a tagging crew. If the school confirms a student's
involvement in tagging, then the student and their parents are approached and
counseled. The concept is proactive, rather than reactive.
Paint-Outs - Graffiti vandals who are apprehended must use their community
service time to paint out graffiti.
M.A.G.I.C. (Mothers Against Gangs Influencing Children) - This parent group
was formed to help educate parents about how to see signs that their children are
in gangs or tagging crews, and to help them gain better control of their children's
lives.
. .
Graffiti Referral -'The city' has a list of the most talented graffiti artists, and
refers them to property owners Who are willing to pay to have a mural painted.
Taggers Anonymous - A program fo .rgned to rehabilitate taggers. After they have
been apprehended they are invited to join a "12 step~ program to help them kick
the tagging habit. The theory is that many teenagers are hooked on the adrenaline
rush that accompanies vandalism.
Cerritos - The city has formed an umbrella organization, called the .Empowe. rment
Community Program, which consists of the following departments: Law Enforcement,
Public Works, Public Relations and Sheriff.
Highlights:
List of Taggers -- (See Cathedral City)
-
DARE -- The Sheriff's DARE program has been modified to address tagging.
Tustin Pride 14 Report on Graffiti
Neighborhood Watch -- The city has advertised to get Neighborhood Watch
organizations involved, including writing a newsletter and urging the organizations
to report taggers.
Irvine - The city has focused on recruiting, and actually hiring, teens to become more
involved with their community. The program, caged Youth Action Team, works within
the Community Services Department. Teens are hired to staff a Teen Resource Center
and participate in many city events and' processes.
Highlight:
' Graffiti Removal Day -- The Youth Action Team has sponsored a day wherein
teen-volunteers remove graffiti, and then play volleyball with h'vine po_lice
officers. The budget for'this annual event is about $2000.
Moreno Valley - The city has focused.on, combining cost., recovery, community
:
involvement and strong law enforcement. .~
Highlights:
Cost Recovery - After'~the arrest of a graffiti vandal, paperwork is automatically
forwarded to the Community Development Department. Damage costs are
determined by the department and a letter sent to the parents of the offender billing
them for the damages. If, after 15 days~, there-is no response from the parents or
a legal guardian, a claim is fried in small claims court to recover the costs.
Community Paint-Outs Volunteers are recruited to paint out vandalized areas.
Graffiti Patrol -- Citizens can receive a free eight hour course from the Police
Department, allowing them to do surveillance in specific areas. Citizens on patrol
carry radios connected to the police to alert them of vandalism in action.
_
Tustin Pride 15
Report on Graffiti
Adopt-A-Wall -Through the Public Works/Parks Departmem, individuals or
businesses can adopt a wall, thereby taking responsibility to ensure that it is kept
free of graffiti.
_.
Visalia -- The city has created an Civic Leadership Group of about twenty members, who
take on various civic projects, including combating graffiti.
Highlights:
Citywide Canvass- AH stores that sell spray pain..t' or markers are canvassed by
the Civic Leaderr~hip Group to make sure the stores are in compliance with an anti-
graffiti ordinance which directs stores to keep spray paint under lock and key.
Managers of stores not in compliance are warned, and city code enforcement
officers are contacted.
Community Paint-Outs - Volunteers are recruited to paint out vandalized areas.
Tustin Pride 16 Report on Graffiti
Tustin Pride 17 Report on Graffiti
It is Tustin Pride's general conclusion that the City of Tustin has done an excellent job
in responding to the fad of tagging. A city of Tustin's size and resources can only do so
much to prevent graffiti, especially when teenagers from outside of the city come to
Tustin to vandalize.
We fully endorse Tustin's Graffiti Removal Program as the centerpiece of any multi-
faceted approach to combating graffiti. Suppression seems to be the best way prevent
graffiti. Taggers, which account for the predominant number of graffiti incidents, receive
gratification from seeing their symbol. By removing their symbol immediately they
become discouraged from repeatedly coming to Tustin to vandalize.
_ .
However, we do believe mOre can still ,be done within Tustin to counter the g ~raffiti
problem. The following is a list of ideas.Omt were presented and .discussed by the
Graffiti Sub-committee, along with our recommendations:
Legal/Policy Reform
.
Support State legislation, which would suspend driving privileges to minors
convicted of graffiti vandalism, as well as mandate community service for vandals
and their parent/guardian.
Recommendation: Favor
--Explanation: This would act as a deterrent, as well as making collection of
damages easier.
Tustin Pride 18 Report on Graffiti
.
Support Orange County Supervisor Gaddi Vasquez's proposal, which would make
it a felony to do more than $400 worth of damage through vandalism.
Reco~endation: Favor
Explanation: The current felony threshold is now only $5,000. Lowering it will
make recovery easier, as well as acting as a greater deterrent.
e
Continue the new City Council policy directive allowing street cleaning signs to
be routinely posted and vehicles towed, in all but single-family residential areas,
to facilitate street maintenance.
Recomme~on: Favor
Explanation: There is a strong correlation with a well maintained neighborhood
and the amount of graffiti it receives. Well maintained streets result in residents
taking greater pride in their neighborhood and, therefore, reporting graffiti, or
cleaning it up themselves. In part as a result of input from the Graffiti Sub-
committee, the City Council has already 'issued a policy directive allowing street
clean~ signs to be routinely posted and vehicles towed, in all but single-family
residential areas, to facilitate street maintenanee. Previously, half of a street's
property owners could prevent-a City Streq. t.from being cleaned.
o.
.
.
.
4. Increase the reward from $250 to a .higher mount.
Recommendation: Oppose
Explanation: While some surrounding cities have higher rewards, we believe that
the reward amount offered by the City of Tustin is sufficient. Higher rewards will
not necessarily encourage people to 'report graffiti vandals.
5. Require stores that sell paints and/or markers to keep them under lock and key.
Recommendation: Oppose
.... Tustin Pride 19 Report on Graffiti
Explanation: While some cities require this. we find it to be an unreasonable
regulatory response, and that business owners are already overburdened with
Federal and State rules. However, we urge busines~s that sell paints and/or
markers to voluntarily keep them under lock .and key. We also favor urging
citizens to request Tustin merchants to voluntarily comply with this request.
Information related to the prohibition of spray paint sales to minors and the request
that merchants keep paints and/or markers under lock and key can be distributed
along with Graffiti Hotline materials.
Apprehension
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Based on the Cathedral City program, the Tustin Police Department would create
a formal program to maintain a list of potential taggers in cooperation with school
administrators and teachers, and alert parents when there is a reasonable belief that
their child is a member of a tagging crew.
Recommendation: Favor
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-' ": EXPlm~ation: This program seems to be very ,successful in Cathedral City and
Cerritos., as well as being consistent with the Tustin Police Department's proactive,
~ - community-oriented policy philosOPhy. ,;
Encourage and educate Neighborhood Watch organizations in areas that have
graffiti problems to be more involved with apprehending graffiti vandals.
Recommendation: Favor
Explanation: Currently, the Tustin Police Department makes presentations to
organization and Neighborhood Watch groups that request such contact.
Neighborhood Watch groups in areas that have graffiti problems, such as in the
Northwest, should be regularly contacted by the Tustin Police Department to.be
educated and reminded about the laws pertaining to graffiti; for example, minors
not accompanied by a parent or legal guardian are not even allowed to possess
spray paint on public property. They should also be made aware of the typical
signs of a tagger, such as their fashions and lingo. These Neighborhood Watch
groups should know exactly how to call in a gra.fl, lti-related violation, and of
course, should be made of aware of the reward.
Tustin Pride 20 Report on Graffiti
o
Similar to the Moreno Valley example, develop a formal training course by the
Police Department on graffiti so that citizens can be more aware of the role they
can play in monitoring and apprehending graffiti vandals.
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Recommendation: Favor
Explanation: The Tustin Police is planning a ten-week law enforcemenl~ course
called the Citizen Police Academy. Graffiti should be a significant part of that
formal curriculum.
Cost Recovery
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Similar to the program in Moreno Valley, create a system for cost recovery by
using small claims court.
Recommendation: Favor
Explamfion'- Cost recovery is extremely important, not only from a financial
aspect, but also to send a message that graffiti will not be tolerated: While it is
more efficient to collect damages 'Caused by apprehended graffiti vandals by
requiring restitution as part of proba .ti,' on, when this opportunity does not exist
there should be a system' for forwarding the necessary information to the
Community Development Department so that a small claims action can be fried.
Even if a graffiti vandal is not prosecuted in a criminal case, a civil action can be
successful because the rules of evidence and the burden of proof are substantially
reduced.
10.
Create an Adopt-A-Park program to help offset the cost of
Recommendation: Favor
graffiti removal.
Tustin Pride 21 Report on Graffiti
Explanation: An Adopt-A-Park program will offset the cost of graffiti removal,
as well as serve as a reminder to taggers that people genuinely care about their
parks. The funds collected from this program could be tax deductible if managed
by the Tustin Foundation. After some consideration, we envision a plan whereby
sponsors (citizens or organizations) of a park would make a donation to cover the
costs of graffiti removal (from that park and the city, in general) and, in_return,
receive a sign in the that park naming them as the park's sponsor. We foresee
each sponsor paying $1500 annually or $125 per month. After the larger parks
have been found sponsors, the neighborhood parks could be adopted a discount
rate, depending upon demand. The cost to the city for the sign naming the Adopt-
A-Park sponsor would be about $100 if fabricated and installed by the City.
Caltrans has a similar Adopt-A-Highway program and estimates that the renewal
rate for their annual program sponsors to be about 80%; Caltrans currently charges
$400 per mOnth to sponsors.
Graffiti Removal
Distribute the "Stop' Graffiti". brochure (See Appendix).
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Recommendation: FaVor
Explanation: The Graffiti SUb-commitiee and City staff developed a brochure (in
English and Spanish) which discusses the Graffiti Removal Programs and answers
commonly asked questions. The brochure can be duplicated a minimal cost and
distributed to citizens though city hall, libraries, schools, city events, etc, as well
as to citizens who call the Graffiti Hotline. Tustin Pride members who are real
estate agents and apartments managers have agreed to distribute these brochures
door-to-door. This recommendation would result in a modest cost to the city.
12.
Post signs in "high-graffiti" areas with the Graffiti Hotline number.
Recommendation: Oppose
Tustin Pride 22 Report on Graffiti
Explanation: Graffiti Hotline signs would increase awareness of the Graffiti
Removal Program, as well as acting as a deterrent to would-be vandals if the sign
also made mention of the $250 reward. However, the experience of other cities
has proved that these signs attract taggers and need to be replaced repeatedly,
resulting in more than a modest cost to the city.
13.
Organize Graffiti Paint-Outs.
Recommendation: Oppose
Explanation: After organizing one ourself, we feel that effort and expense is not
as productive as other ~potential volunteer activities. Ironically, in order to
organize a paint-out, the city must keep graffiti up long enough to organize an
effort to clean it up; however, keeping, the graffiti up serves the goals of the
taggers. Unless the graffiti situation begin~ to overwhelm the resources of the
city, paint-outs will largely be counter-productive 'feel good" efforts.
14.
Education/Publicity
Require all middle and high, school stu.,d~eats to have their parent or legal g~lardian
sign a statement making them aware that they will be held financially responsible
for their minor children's graffiti damages.
Recommendation: Favor
Explanation: Taggers usually leave their mark during the middle of the night.
Hopefully, parents will take a more active role in supervising their children if they
are made aware that they will be held responsible for their child's actions.
15.
Distribute "Tustin Anti-Tag Rag" t-shirts in elementary schools.
Recommendation: Favor
· Tustin Pride 23 Report on Graffiti
Explanation: This idea has been successful in Huntington Beach. It is a long-term
approach toward instilling the immorality of graffiti in youngsters before they
reach an age where it is considered fashionable. Creating and manufacturing of
the t-shirts could be accomplished through Tustin Pride, and distribution could be
done through school clubs.
16.
Create annual Anti-Graffiti poster contest for elementary, middle and high school
students.
Recommendation: Favor
Explanation: Last 'year, an anti-graffiti poster contest was sponsored by the Tustin
Police Department and City Council. Tustin Pride selected the winner and runners-
up. As an annual event it is recommended that the winners receive a $100 bond,
a frame and, along with the runners-up, a City Council Proclamation. Selected
entries could be exhibited at the Tustin Area Senior Center, schools, and special
city events. This recommendation would result in a modest cost to the city.
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.As p.a~ of the .Tustin Police Department's youth programs, create a formal Graffiti
presentation for elementary school children.
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Recommendation: Favor :'" '
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Explanation: While the Police do discuss graffiti with youngsters, the presentation
needs to be formalized. There should be a focus on the immorality of graffiti,
focusing on.the concept of property rights. Children should be made aware that
not only will their parents pay for damages in higher taxes, but that when schools
are vandalized there is less money for school books and salaries for their teachers.
18.
Request that city media, specifically, Tustin News and Tustin Weekly, refrain
from publishing photographs of graffiti and tagging.
Recommendation: Favor
Explanation: While the right to freedom of the press should never be abridged, it
should be appreciated by the media that by printing pictures of graffiti and tagging
they give recognition to the vandals. Ironically, it is this recognition that
contributes to the problem the media condemns.
Tustin Pride
24 Report on Graffiti
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Diversion
19.
Create a Diversion Program for apprehended taggers, whereby in lieu of
conviction they would agree to counseling, community service and restitution.
ReCommendation: Favor, with further development as part of the TAFFY applica-
tion
Explanation: A diversion program was implememed by the County of Orange, as
well the cities of Orange and Garden Grove. Over the past, the Tustin Policy
Department has referred approximately 50 taggers to the County's diversion
program. Recen.t!y, State regulations on the qualification for diversion benefits
have recently changed and, consequently, the County will not be handling any
more tagging referrals from Tustin. However, the County will assist Tustin in
setting up a customizaxl program. Tustin would pay a part-time cou.nselor (20
hours per week to handle 40 cases per month) at a cost of $600-$750 per month.
The counselor would work out of ~ (space and expenses to be paid by the
City). Each offender. could be clmlged a fee of $200 to offset the cost of the
pmk. The counse, lot would oversee the tagger's community service and
restitution Payments, as Well' as provide counseling services for the minor, and
refer the family for ~ counseling, if deemed necessary. While we doubt
that the program would be serf-Sufficient, the fee would help off-set costs
tremendously. In addition, we think that TAFFY could receive funding for the
part-time counselor as part of its Hi:althy Start application, which it is now
developing with a gram from the State Department of Education.
20.
Create a wall or area in which graffiti and tagging is legal.
Recommendation: Oppose
Explanation: The intention is to provide a creative outlet for artists who see graffiti
as a legitimate art form. We think that the tagger mentality gets a thrill from
breaking the law and, therefore, would not be diverted from doing graffiti illegally
even if it were legal in some area. In addition, such a wall or area would not be
consistent with the image of Tustin.
- Tustin Pride 25 Report on Graffiti
Tustin Pride 26 Report on Graffiti
Tustin Pride Chairman/
Graffiti Sub-committee Chairman
Date
Lou Bone,
Tustin Pride Vice Chairman
Date
Aileen Brand,
Tustin Pride Secretary
Don Biery,
Tustin Pride Treasurer
Dam
Date
Erin Niels~n_~ '
Tustin Pride Immediate Past Chairman
Date
Tustin Pride
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Report on Graffiti
Tustin Pride
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Report on Graffiti
GRA~IqTi TASK FORCE
a Tustin Pride sub-committee
QUESTIONNAIRE
Our first meeting produced many specific project ideas that people wanted to see the task force accomplish.
Although taking on every project would be wonderful, we do not yet have the number of volunteers necessary to
do this. Therefore, we must prioritize our ideas and choose what we can accomplish. The following is a list of
10 idess presented at the. inaugural meeting. Please rank them from I to 10 (10 being best) in order.of priority for
the Gri~fi Task Force to take on as a project. Bring your questionnaire to the June 8th meeting.
BLOC~ CO~ES - TO BE RF~PONSIB~ FOR CLEAN UP OF A SPECII:qC
RESIDEHTIAL AREA OF THE CITY :
ADOPT A PUBLIC -- TO BE RESPONSIBLE FOR ~-UP OF A SPECIFIC
PUBLIC AREA
COMMUNITy_ PAINT OUTS - MOBILIZE CITIT. I~NS AND VOLUNTEER ORGANIZATIONS
ONCE PER MONTH TO CLEAN UP A GIVEN. SITE
~_N'I~ -- REWARD NEIOHBORIiOOD IF AREA STAYS GRAFFm FREE ·
.~aXT mS~t.~¥-- m~ 'tOmS W~O r>O ~o'r 'rAG.-
·
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YOUTH PROGRAMS -- EXPANDAFTF. R SCH~L AND SUMMER PROGRAMS
ROOT 8OCIAL CON~S - CRF~TE PROGRAMS TItAT ADDRESS CULTURAL
CAIJSI~ OF TAGGING
LOBBY GO~ENT TO INCREASE PUNIS~NT FOR TAGGING
LOBBY GOVERNMENT TO INCREASE PARENTAL RESPONSIBII2TY
LOBBY CTFY COUNCIL FOR MORE MONEY TO FIGHT THE PROBLEM
OTHER IDEAS
Feel flee to-copy this questionnaire and give it to a neighbor who will be at thc meeting. If you cannot attend the
meeting, you may mail your questionnaire to the City of Tustin, Attention Rita Westfield.
GRA~YITi TASK FORCE
a Tustin Pride sub-committee
OUF_,STIONNAIRE RESULTS
A total of 10 questionnaires were returned by participants. The numbers below represent "average' derived by
adding all ranking numbers and dividing by number of responses. The higher the number, the higher r. he overall
ranking in Order of preference.
BLOCK COMMITTEES - TO BE RESPONSIBLE FOR CLEAN UP OF A SPECIFIC
RESIDENTIAL AREA OF THE CITY 6
ADOPT A PUBLIC - TO BE RESPONSIBLE FOR CLEAN-UP OF A SPECIFIC
PUBLIC AREA 7
COMMUNITY PAINT OUTS - MOBILIZE CITIZENS AND VOLUNTEER ORGANIZATIONS
ONCE PER MONTH TO C~ UP A GIVEN SITE 7
CONTEST ' REWARD NEIGHBORHOOD IF AREA STAYS GRAFFITI FREE 5
ART DisPLAY---- FOR'YOUTtiS WHo DO NoT TAG 7
·
·
YOUTH PROGRAMS - EXPAND AFTER SCHOOL AND SUMMER PROGRAMS 3
...
.
ROOT SOCIAL CONCERNS -- CREATE PROGRAMS .,THAT ADDRESS.cuLTuRAL
CAUSES OF TAGGING .- 5'
LOBBY GOVERNMENT TO INCREASE PUNISHMENT FOR TAGGING 6
LOBBY GOVERNMENT TO INCREASE PARENTAL RESPONSIBILITY 4
LOBBY CITY COUNCIL FOR MORE MONEY TO FIGHT THE PROBLEM 5
OTHER IDEAS
Graffi~ Remoya~
on Private ProDerty
FY 1991-92
FY 1992-93
FY 1993-94
FUNDING AMOUNT
$20,000
25,000
35.ppo
$80,000
DRRW-. DOWN
$20,000.00
25t000.00
55~.50
$45,552.50
$o.oo
0.00
34,447.50
$34,447.50
.year
1991
1992
1993
1994
Total
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Month
__
October
November
December
January
February
~arch .
April
June
July
August
September
October
November
December
January
February
March
April
June
July
August
September
O~tober
November
December
28 Months
~ of Resoonse~
7
17
21
10
24
63
19
- ~ '
1/
...3.
..
2O
52
26
47
15
36
46
27
36
41
40
18
13
18
13
32
674
To~a] Corot to. CiTy
305.00
830.00
1,135.00
775.00
2,675.00
3,772.50
1,120.00
481.00
560.00
4O.OO
170. O0
1,090.00
2t945.O0
2,639.00
3,850.00
1,655.00
2,215.00
2,405.00
1,680.00
2,045.00
2,085.00
3,005.00
1,110.00
805.0O
1,595.00
805.00
2,269.00
1,491,00
$45,552.50
DO: cio\gel rD.m,~qm
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RESOLUTION NO. 93-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, STATING THE COUNCIL'S SUPPORT OF
SENATE BILL 583, THE ANTI-GRAFFiTI BILL
The City Council of the City of Tust/n, California, DOES HEREBY
RESOLVE as follows:
WHEREAS, the City of Tustin re~_-iues~ed the formation of a
Graffiti Sub-Committee to address the growing problem of
graffiti and tagging in the communis'£.
WHEREAS, The Graffiti Sub-Comuittee has reviewed Senate
Bill (SB) 583 sponsored by. Senator Lewis and has requested the
City Council formally support the pruposed legislation.
WHEREAS, Graffiti and taggin~ mars buildings, walls,
sidewalks and other structures and creates a blight on our
community. The City of Tustin spends thousands_of dollars a
year on graffiti and tagging removal efforts; and
WHEREAS, SB 583 would prohibit minors convicted of
graffiti from .obtaining a drivers -icense .until age 18; and
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require 40''hours --of .commUnity~:':'SerziCe for a first graffiti
offense and 80 hours of community service for a subsequent
offenses; and require pare'n~'Or ~&ardian involvement in the
minors community service work ors be required to pay a.$1,000
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fine.
_
NOW THEREFORE, the City Council of the city of Tustin
hereby resolves as follows'
1. The City of Tustin City Ccuncii shares the concern of
the Graffiti Sub-Committee regarding this matter and
supports Senate Bill 583 ~nd stronger legislation to
curb and deter the spread Df graffiti.
2. The City of Tus~in Ci~y Council directs this
Resolution to be fcrwardel to Senator John Lewis and
all members of the Public Safety Committee.
PASSED 'and ADOPTED by the City Coun_-il of Tustin this 21st day
of June, 1993
JIF. Pi_-TS
Mayor
MARY E. WYNN
City Clerk
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ORDINANCE NO. 1079
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADDING ARTICLE 5,
CHAPTER 7 TO THE TUSTIN CITY CODE ENTITLED
GRAFFITI/SPRAY PAINT PROGRAM
The City Council of the City of Tustin does ordain as
follows:
Section 1:-- Article 5, Chapter 7 entitled
"Graffiti/Spray Paint Program" is hereby added to the
Tustin City Code to read as follows:
CHAPTER 7
GRAFFITI/SPRAY PAINT PROGRAH
5700 PURPOSE AND FINDINGS
The ~urpose of this chapter is to provide a program
-for the elimination of graffiti from on both public and
private property, to reduce blight and deterioration
within the City and to protect the public safety. The
city-findS' and determines as follows:
(1) . Graffiti on structures located upon .public and
private property.is ~ blighting factor which not
only depreciates the value-of the proper~y, but
also devalues the': adjacent and surrounding
properties in the community; and
(2) It is the City Council's intent to provide for the
prohibition of the placement of graffiti on
structures located either on public or private
property; and
(3) Government Code Section 53069.3 authorizes a City
to enact ordinances to provide for the use of City
funds to remove graffiti from public'and privately
owned structures located within the City; and
(4) The City Council finds that graffiti 'or related
inscribed materials is obnoxious and pursuant to
Government Code Section 53069.3 authorizes that a
program be instituted allowing for the use of. City
funds to remove graffiti from structures on public
and private property; and
(5) Government Code Section 53069.5 authorizes a city
to offer and pay a reward for information leading
to the determination of the identity of, and the
apprehension of any person who willfully damages
property.
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Ordinance No. 1079
Page 2
5701 DEFINITIONS
"Bona fide evidence of majority" means a document
issued by a federal, state, county or municipal
government or subdivision or agency thereof, including
but not limited to, a motor vehicle operator's license,
a registration certificate issued under the Federal
Selective Service Act, a passport, or an identification
card issued to a member of the armed forces which
identifies an individual and provides proof of the age of
such individual.
"Capable of defacing property" means any substance,
spray paint, paint, or dye, or any other liquid which
when applied to any surface leaves an .opaque and
insoluble residue which cannot be removed by ordinary
application of soap and water.
"Graffiti" means .the unauthorized inscribing,
spraying of paint, or making symbols using paint, spray
_paint,. ink, chalk,_dye or similar materials on public or
private-structUres,~ buildings or places.
,,ObnoxiOUS Graffiti".means graffiti which has any of
the following charaCteriStics:
(1) Insults-or' inCites hatred or contempt of 'any
racial, religious or ethnic group;
(2) Refers to the name of a gang or includes words or
symbols associated with a gang or individual;
(3) Insults or threatens any identifiable individual or
group,
(4) Includes obscene
depictions;
or indecent language or
(5) Constitutes an aesthetic blight or eyesore to a
neighborhood;
(6) Tends to attract more graffiti;
(7) Promotes criminal activity or promotes retaliatory
action by an. indiVidual(s).
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Ordinance No. 1079
Page 3
5702 SALE OF SPRAY PAINT
ae
Sale to Minors Prohibited
No person shall sell or cause to be sold to any
person under the age of eighteen years any aerosol
container of spray paint capable of defacing property.
B. Evidence of Sale Subject to Prosecution
..
Evidence that a person, his or her employee, or
agent, demanded and was shown bona fide evidence of
majority and acted upon such evidence in a transaction of
sale to a minor, shall be a defense to any criminal
prosecution thereof.
C. Posting of Prohibition Required.
"' Any person who owns, manages or operates a place of.
business wherein aerosol containers of spray paint
_capable of defacing property are sold shall conspicuously
post a Copy of subsection A oft his Section in such place
of business in letters at least 3/8 of an inch high.
5703 POSSESSION OF'-SPRAY PAINT- PROHIBITION I..N~-.~PUBLIC
PLACES, PARKS ..AND BUILD,INGS
No person shall have in his or her'posseSsion any
aerosol container of spray paint capable of defacing
property while in any public park, playground, swimming
pool, or recreation facility, public building or other
public place,' Other than a highway, street or alley,
except authorized employees or agents of the City or
persons having the authorization of the City Manager or
his designees. Nothing in this Section shall be deemed
to prohibit the possession of an aerosol container of
spray paint capable of defacing property on the property
of any school as defined by the Education Code, by a
teacher or authorized agent of such a school or any other
person under the direct supervision and control of a
teacher of such a school.
5704 POSSESSION OF SPRAY PAINT- PROHIBITION BY MINORS IN
STREETS OR OTHER PUBLIC PLACES
No person under the age of eighteen (18) shall have
in his or her possession any aerosol container of spray
paint capable of defacing property while on any public
highway, street, alley or way unless such person is
accompanied by a parent or legal guardian.
Ordinance No. 1079
Page 4
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5705 GRAFFITI PROHIBITED
No person shall willfully or maliciously use any
liquid substance, spray paint, chalk, dye, or-'other
similar substance to paint, mar or deface any public or
privately owned structures located on public or privately
owned real property within the City, whether such
property is occupied, vacated or abandoned.
5706 GRAFFITI TOLERATION
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It shall be unlawful for the owner of any private
property to permit graffiti or other inscribed materials
to remain on structures so as to be capable of being
viewed by a person utilizing any public right-of-way in
the City, such as a highway, street, road, parkway or
alley, providing the City Code Enforcement officer has
given written notice tot he owner and occupant requiring
removal of the graffiti within a period of not less than
seven (7) calendar daysand such time period has elapsed
without remedial action.
...
57. 07 GRAFFITI REMOVAL
Notwithstandin'g'any0ther provisions of the Tustin
City Code, when. the Director. of Public Works'or Director.
of Community D~velopme~' determines that graffiti Or
other inscribed material constitutes obnoxious graffiti
and by virtue of its location on public or private
property is in view of a person utilizing any public
right-of-way, whether a highway, street, road, parkway or
alley, the City shall be authorized to undertake the
removal of such graffiti. Prior to the removal of such
graffiti the City shall obtain thewritten consent of the
owner for such action and the owner shall..execute an
appropriate release form and right of entry form to
permit such graffiti removal. If the City provides for
the removal of graffiti, it shall not authorize or
undertake to provide for the painting or repair of any
more extensive area than that area where the graffiti is
located.
5708 GRAFFITI REWARD
A reward in an amount established by Resolution of
the City Council may be authorized, offered and may be
paid by the City to any person who provides information
leading to the determination of the identity of, and the
apprehension of, any person who willfully or maliciously
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Ordinance No. 1079
Page 5
paints, mars or defaces any public or private structure
located on private or public property within the City.
The exact amount of any reward to be paid by the
City shall be determined by the City Council after
receipt of a report from the City Manager indicating that
information was received leading to the determination of
the identity of, and the apprehension of, a person who
willfully or maliciously painted, marred or defaced a
structure located on public or private property located
'within the City, and indicating the final disposition of
such matter. No law enforcement officer, municipal
officer, official or employee of the City shall be
eligible for such reward.
Any person violating the provisions of Sections 5705
through 5707 of this Chapter shall pay the City the
amount of any reward paid pursuant to this Section, and
if such person is an unemancipated minor., such minor's
· parents or guardian are so liable and shall pay the
amount of any reward to the City. Failure to pay any
amount-demanded by the City pursuant to -this Section
within thirty (30) days.of written demand therefore shall
itself be a violation..of.'the provision~ of this section.
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57~0 SEVERAB/LITY
· . It is declared to be the intention of the City
council that the sections, paragraphs, sentences, clauses
and phrases of this Chapter form an interrelated program
for dealing with the problem of graffiti and vandalism
within the City, but that such sections, paragraphs,
sentences, clauses and phrases are distinct and severable
and, in the event that any sections, paragraphs, clauses
and phrases are declared unconstitutional, invalid or
unenforceable by any-court of competent jurisdiction,
such unconstitutionality, invalidity or unenforceability
shall not affect any of the remaining sections,
paragraphs, clauses or phrases of this Chapter.
Section 2: Within fifteen days after the adoption
of this Ordinance, the City Clerk shall certify to the
adoption hereof and cause it to be posted in at least
three public places within the City.
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Ordinance No. 1079
Page 6
PASSED and ADOPTED, at a regular meeting of the City
Council of the City of Tustin on this 18th day of
November, 1991. _-~~~.~
CHARLES E. PUCKETT
MAYOR
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
<.
CERTIFICATION FOR ORDII~ANCE NO. 1079
MARY E. WYNN, City clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby
certify that the whole number of the members of the City
Council of the City ofTustin is five; that the above and
foregoingOrdinance was'duly and regularly introduced and
read at a regular meeting of the City Council held on the
4th day of 'November, 1991, and was given its second
reading, passed and adopted at a regular meeting of the
City Council held on the 18th day of November, 1991, by
the following vote:
..
COUNCILPERSONS AYES: Puckett, Pontious, Edgar, Potts, Prescot!
COUNCILPERSONS NOES: None
COUNCILPERSONS ABSTAINED: None
COUNCILPERSONS ABSENT: None
DO: kd\1079, ord
MARY E.~YN~, ' t~~y Clerk
TUSTIN CITY CODE
GRAFFITI/SPRAY PAINT PROGRAM
5700
CHAPTER 7
· GRAFFITI/SPRAY PAINT PROGRAM
5700 PURPOSE AND FINDINGS
The purpose of this chapter is to provide a program for the eliminatioh-of graffiti from both
public and private property, to reduce blight and deterioration within the City and to protect
the public safety. The City finds and determines as follows:
(1) Graffiti on structures located upon public and private property is a blighting factor
which not only depreciates the value of the property, but also devalues the adjacent
and surrounding properties in the community;, and
.
(2) It is the City Council's intent to provide for the prol{ibition of the placement of grafIiti
On stru~ures located either on public or private property;, and
(3) Government Code Section 53069.3 authorizes a city to enact ordinances to provide for
the U6e ~f c{~y funds to remove graffiti from public and privately owned structures
located within the city;, and
(4) The City C, auneil irmds that graffiti or related inscribed materialz iz obnoxious and
pursuant to Government Code Section 53069.3 authorizes that a program be/nst/-
.... _.' -' ~ut~l alloWing. for' the USe of City- funds to remove graffiti from stnt~ on public
and private property;, and. .-
(5) Government Code Section 53069.5 ~Ufl/oriz~s'a city to offer and pay a reward for
information leading to the de~nninafi°n' of the identity of, and the apprehendon of
any person who willfully damages proper~~. '(Ord.' No. 1079, Sec. 1, 11-18-91)
5701 DEFINITIONS
[As used in this chapter the following words and terms shall have the meaning ascribed
thereto:]
"Bona fide evidence of majority" means a document issued by a federal, state, county or
municipal government or subdivision or agency thereof, including but not limited to, a motor
vehicle operatJr's license, a registration 6ertificate issued under the Federal Selective Service
Act. a passport, or an identification card issued to a member of the a,-waed forces w_hich
identifies an individu~ and provides proof of the age of such individual.
"Capable of defacing property" means any substance, spray paint, paLut, or dye, or any
other liquid which when applied to any surface leaves an opaque and insoluble residue which
cannot be removed by ordinary application of soap and water.
"Graffiti" mean.~ the unauthorized inscribing, spraying of paint, or making symbols using
paint, spray paint, ink, chalk, dye or similar materials on public or private structures, build-
ings or.places.
1-92 PS-7-3
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TUSTIN CITY CODE GRAFFITI/SPRAY PAINT PROGRAM
5701
"Obnoxious graffitf' means graffiti which has any of the following characteristics:
(1) Insults or incites hatred or contempt of any racial, religious or ethnic group;
(2) Refers to the name of a gang or includes words or symbols associated With a'gang or
.
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individual;
(3) Insults or threatens any identiFmble individual or group;
(4) Includes obscene or indecent language or depictions;
(5) Constitutes an aesthetic blight or eyesore to a neighborhood;
(6) Tends to attract more graffiti; -..
(7) Promotes crim/nal activity' or promotes retaliatory action by an individual(s). (Ord.
No. 1079, Sec_ 1, 11-18-91)
5702 SALE OF SPRAY PAINT
a Sa~e to Minors Proh/bited
No per~on shah sell or cause to be sold to any person under the age of eighteen (18) years
any aerosol container of spray paint capable of defacing property.
.
· . _
~" ~'EVidenc~ of Sale Subject to Prosecution
·
Evidence that a person, his or her employ ,ee;'Or agent, demanded and was shown bona fide"
evidence of majority and acted Upon such dvidence'in '~t transadion of sale to a minor, shall be
a defense to any criminal prosecuti°n thereof. -';~" '
o
c Posting of Prohmitien Required
Any person who owns, manages or operates a place of business wherein aerosol containers
of spray paint capable of defacing property are sold shall conspicuously post a copy of subsec-
tion a of th~s section in tach place of business in letters at least three-eighths of-an inch high.
(Ord. No. 1079, Sec_ 1, 11-18~91}
5703 POSSESSION OF SPRAY PAINT--PROtHBITION IN PLrBLIC PLACES, PARKS AND
BUILDINGS
No person si,all have in hi_~ or her possession any aerosol container of spray paint capable
of defacing property while in m~y public park, playground, swimming pool, or recreation
facility, public building or other public place, other than a highway, street or alley, except
authorized employees or agents of the City or persons having the authorization of the City
Manager or his designees. Nothing in this section shall be deemed to prohibit the possession
of an aerosol container of spray paint capable of defacing property on the property of any school
as defined by the Education Code, by a teacher or authorized agent of such a school or any
other person under the direct supervision and control of a teacher of such a school. (Ord. No.
1079, Sec_ 1, 11-18-91)
REV: 1-92 PS-7-1
TUSTIN CITY CODE GtL~,FFITI/SPRAY PAINT PROGRAM
5704
5704 POSSESSION OF SP1L~Y PAINT--PROHIBITION BY MINORS IN STREETS OR
' ' OTHER PUBLIC PLACES
No person under the age of eighteen (18) shall have in his or her possession any aerosol
container of spray paint capable of defacing property while on any public highway, street, alley
or way unless such person is accompanied by a parent or legal guardian. (Ord. No. 1079, Sec.
1, 11-18-91)
5705 GRAFFITI PROHIBITED
No person shall wilffully or maliciously use any liquid substance, spray paint, chalk, dye,
or other similar substance to paint, mar or deface any public or privately owned structures
located on public or privately owned real property v~ithin the City, whether such property is
occupied, vacated or abandoned. (Ord. No. 1079, Sec_ 1, 11-18-91)
5706 GRAFFITI TOLERATION
It shall be unlawful for the owner of any private property .to permit graffiti or other
inscribed materials to remain on structures so as to be capable of being.viewed by a person
_ utilizing any public right-of-way in the City, such as a highway, street, road, parkway or alley,
providing the City Code Enforcement Officer has given written notice to the owner and occu-
pant requiring removal of the graffiti within a period of not less than Seven (7) calendar days
and such _time~ period has elapsed without remedial action. (Ord. No. 1079, Sec. 1,' 11-18-91}
5707 GRAFFITI REMOVAL '
Notwithstana{~g~ other provisions 0fth~ Tustincity Code, when the Director of Public
Works or Director of-~ommunity Development determines that graffiti or other inscribed
material constitutes obnoxious graffiti and by virtue of its location on public or private prop-
erty is in view of a person, utilizing any public right-of-way, whether a highway, street, road,
parkway or alley, the City shall be authorized to undertake the removal of such graffiti. Prior
to the removal of such graffiti the City shall obtain the written consent of the owner for such
action and the owner shall execute an appropriate release form and right of entry form to
permit such graffiti removal. If the City provides for the removal of graffiti, it shall not
authorize or undertake to provide for the painting or repair of any more extensive area than
that area where the graffiti is located. (Ord. No. 1079, Sec. 1, 11-18-91)
5708 GIL~.FFITI REWARD
A reward in an amount established by resolution of the City Council mai, be authorized,
offered and may be paid by the City to any person who provides information leading to the
determina{ion of the identity o£, and the apprehension of, any per~on who 'willfully or mali-
ciously paints, marks or defaces any public or private structure located on private or public
property within the City.
The exact amount of any reward to be paid by the City shall be determined by the City
Council. after receipt of a report from the City Manager indicating that information was
REV: 1-92 PS-7-5
TUSTIN CITY CODE
GRAFFITI/SPRAY PAINT PROGRAM
5708
received leading to the determination of the identity of, and the apprehension of, a person who
willfully or maliciously painted, marred or defaced a structure located on public or private
property located within the City, and indicating the final disposition of such matter. No law
enforcement officer, municipal officer, official or employee of the City shall be eligible .for such
·
_
Any person violating the provisions of Sections 5705 through 5707 of this chapter shall
pay the City the amount of any reward paid pursuant to this Section, and if such person is an
unemancipated minor, such minor's parents or guardian are so liable and shall pay the amount
of any reward to the City. Failure to pay an~ amount demanded by the City pursuant to this
section within thirty (30) days of written demand therefor shall itself be a violation of the
provisions of this section. (Ord. No. 1079, Sec~ 1, 1.1-18-91)
REV: 1-92 PS-7-6
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ORDINANCE NO. 1080
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA AMENDING ARTICLE 5, CHAPTER 5,
OF THE TUSTIN CITY CODE IN ITS ENTIRETY RE~ATING TO
THE ESTABLISHMENT OF MINIMUM PROPERTY MAINTENANCE
·
_
STANDARDS
The city Council of the City of Tustin hereby ordains as
follows:
Section !: Legislative Findings
_
WHEREAS, the City C~uncil finds that areas of the city. of
Tustin are undergoing social, economic and physical
deterioration; and
WHEREAS, this deterioration is resulting in the following
community problems: An increase in crime, noise pollution,
lack of adequate parking, trash and debris buildup, physical
.deterioration of the city's housing .stock, visual blight,
dying landscaping, rodent infestation and graffiti' buildup;
- and .... -- - '
WHEREAS, the city council finds that an example is the
southwest neighborhood ~of. the city .bounded generally by the I-
5 Newport, Wa. lnut; Ed~.nger~ ./~cFadden, . ahd Rgd Hill,-.~hich
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neighborhood, is characterized by:
1. 'An aging housing stock where two-thirds of all
units in the area are more than 21 years old;
2. A densely populated area with a total of 4,220
multi-family units which comprise 56% percent of all such
units in the City;
3. A higher than average vacancy race (5% to 8%,
'compared to a 3-3/4% county average);
4. An increased crime pattern consuming .one-third of
the total of' police time spent on all police calls;
5. Increase in graffiti activity;
6. Accumulation of debris and trash near and along
the front and sides of residential properties open to
public view;
7. Structural dwelling defects consisting of broken
roof coverings, windows, walls, stucco, broken driveways
and pathways;
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Ordinance No. 1080
Page 2
8. Increase in nuisance complaints relating to
parking noise and trash and debris buildup; _.
9. Higher unemployment rate versus the city-at-large
rate; and
WHEREAS, the City Council further determines that it is
necessary to enact minimum property maintenance standards to
address the physical deterioration of this and other areas of
the City; and'
WHEREAS, the City Council finds that such standards will
promote the public health and safety by preventing further
deterioration and the achievement of a potential enhancement
of 'the phYsiCal condition of real ~roperties;
NOW, THEREFORE, the City Council proposes to add
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comprehensive revisions to Article 5, Chapter5 of the Tustin
City Code by the enactment of minimum property maintenance
standards to address.the above-described community problems.
Section 2. Article 5, 'Chapter 5 of the Tustin. City Code
is herebY.amended in its ~nti'rety to._ read as follows:
em~g~- s' '
PI~OPERTY MAINTENANCE AND NUISANCE
ABATEMENT REGULATIONS
STANDARDS.
5500 PURPOSE AND FINDINGS
The 'purpose of this chapter is to provide for the
abatement of conditions which are offensive or annoying to the
senses, detrimental to property values and community
appearance, an obstruction to or interference with the
comfortable enjoyment of adjacent property, or hazardous or
injurious to the health, safety or welfare of the general
public in such ways as to constitute a nuisance. The Council
finds and determines as follows:
(a) The city has a history and 'reputation for well kept
properties and the property values and the general
welfare of'the community are founded, in part, upon the
appearance and maintenance of private properties.
(b) There is a need for further emphasis on property
maintenance and sanitation in that certain conditions, as
described in this chapter, have been found from place to
place throughout the City.
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Ordinance No. 1080
Page 3
(c) The existence of such conditions as described in this
chapter, is injurious and inimical to the public health,
safety, and welfare of the residents of the City
and contributes .substantially. and increasingly to the
deterioration of neighborhoods.
(d) Abatement of such conditions is in the best interests of
the health, safety and welfare of the residents of the
City because maximum use and enjoyment of property in
proximity to one another depends upon maintenance of
those properties at or above a minimum standard.
(e) Unless corrective measures are undertaken to alleviate
such existing conditions and assure the avoidance of
future problems in this regard, the public health,
safety, and general welfare, and specifically the social
and economic standards of the community, will be
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depreciated.
_(f) The abatement of.such conditions will improve the general
welfare and image of the City.
·
5501 DEFINITIONS- . ~',-.":: ' '
- .' · "- . - o - . · ~
F~r the ,pur.~os~ 'of' thi~"c~apter,'' ~'h~ "~oll0wing ~ords' ' .... ~"'" and "
phrases shall have the meaning a~cribed thereto:
"Abandoned": In addition to those definitions provided by
'state codes, local ordinances and case law, the term
"abandoned" means and refers to any item which has ceased to
be used for its designed and intended purpose. The following
factors, among others, will be considered in determining
whether or not an item has been abandoned:
(1) Present operability and functional utility;
(2) The date of last effective, use;
(3) The condition of disrepair or damage;
(4) The last time an effort was made to repair or
rehabilitate the item;
-(5) The status of registration or licensing of the item;
(6) The age and degree of obsOlescence;
(7) The cost of rehabilitation or repair of the item versus
its market value;
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Ordinance No. 1080
Page 4
(8) The nature of the area and location of the item.
"Abate" means to repair, replace, remove, des-troy or
otherwise remedy the condition in question by such means and
in such manner and to such an extent as the Enforcement
officer in his or her judgment shall determine is necessary in
the interest of the general health, safety and welfare of the
community.
,,Attractive' nuisance" shall mean any condition,
instrument or machine which is unsafe and unprotected and
thereby dangerous to young children by reason of their
inabilit~ to appreciate the peril therein, and which may be
reasonably expected to attract children to'a property and th~s
risk injury by playing with, in or on it.
-Dismantled" means that from which essential equipment,
parts or contents have been removed or stripped and the
outward appearance verifies the removal.
,,E~f0rcement officer" means ~that person or Other City
officer or employee· as may be designated in writing by the
City Manager to. enforce'property mainten, ance., zoning and. 'other
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city violations~ ..;... ~.: ~:... -
"Graffiti" means City unauthorized inscribing, spraying
of paint, or making of symbols using paint, spray paint, ink,
chalk, ge' or similar materials on public or private
structures, buildings, places or other surfaces.
,,inoperative" means incapable. of functioning or producing
activity' for mechanical or other reasons.
,'Person" means person, partnership, corpor, ation, or any
other entity.
"Property Owner" means the person(s) or entity-to whom
property tax is assessed, as shown on the last equalized
assessment roll of the County.
"Owner" means the registered owner of a vehicle which
includes but shall no~ be limited to the property owner,
renter, lessor and/or other residents or guests residing
permanently or temporarily on a residential property.
-Premises" means any building, lot, parcel, real estate,
or land or portion of land whether improved or unimproved,
including adjacent streets, sidewalks, parkways and parking
strips.
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ordinance No. 1080
Page 5 .
"Property" means any lot or parcel of land and shall
include any alley, sidewalk, parkway or.unimproved public
easement abutting such lot or parcel of land.
"Wrecked" means that which has an outward manifestation
or appearance of damage to parts and contents which is
essential to operation. ~
5502 PROPERTY MAINTENANCE NUISANCES
I't is hereby-'declared to be a public nuisance for any-
property owner or' other person in control of said property to
keep or maintain said property, including adjacent parkways,
sidewalks or streets under fee ownership by said person, in
such manner that any of the following conditions are found to
exist:
(a) Any abandoned, dismantled, wrecked, inoperable, discarded
objects or equipment such as, but not limited to
- aut0m0biles,' trucks, trailers,- boats, appliances, water
heaters, refrigerators, ~'' furniture, fixtures ,.
miscellaneous machinery and equipments, cans or
containers standing.Or .stored on property or on adjacent
.- parkway sidewalks or.str'ee~s ..which ca~-h~-vie~.e..d-fr.o_n a
pdbli~ highway ~ walkway, . or from ~rivate or. 'public
property, 'or which items are readily accessible from such
places, or which are stored on priyate property in
violation of any other law or ordinance;
(b) Any condition which exists upon any premises that is
dangerous to human life or is detrimental to health as
determined by an appropriate city official;
(c) Any alteration of land, the topography or configurat:on
of which in any man-made state, whether as a result of
grading operations, exoavations, fill or other
alteration, interferes with the established drainage
pattern over the property-or from adjoining or other
property which does or may result in erosion, subsidence
or surface water drainage problems of such magnitude as
to be injurious to public health, safety and welfare of
any real property;
(d) Disposal or presence of oil, grease, Other petroleum
products, noxious chemicals, pesticides, or any gaseous,
liquid or solid waste in such a manner to consis~ a
health or fire hazard or degrade the appearance of or
detract from the aesthetic and property values of
neighboring properties;
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Ordinance No. 1080
Page 6
(e) Lumber (excluding stacked firewood not visible from a
public street, alley or adjoining property for u.se on the
property or lumber for a construction project on the
property with a valid permit), junk, trash, salvage
materials (including but not limited to auto parts, scrap
metals, tires, tin cans and bottles), or packing boxes or
other debris stored on premises in excess of 72 hours;
(f) Any performance of work on motor vehicles, vehicle
engines or parts, or household fixtures, on a public.
~ight-of-way or performance of such work in yard areas of
residential properties so as to be visible from a public
right-of-way or neighboring properties other than
emergency repairs or minor maintenance being performed, by
the owner of the vehicle or fixture;
(g) Any swimming, po. ol, pond, spa or other body of water or
excavation which is abandoned, unattended, or unfiltered;
~ - (h) ~ Trailers not ~ within established mobilehome parks,
dumpsters or similar vehicles or equipment used for
sleeping purposes;..~ ~..
.-'-(..i) Accumulations. 9'.f :asphal. t-,. con. cr. et~,. p. las.ter., ~t. i.l.e: zoc_ks4 ·
bricks, building materials' ~nd fill dirt fesu£=lng z=om
excavations on or off the property;
(j) 'Use ofoa parked or stored vehicle, boa~, camper shell,
trailer or other similar item as temporary or permanent
· living space;
(k) Any vehicle, boat, camper shell .or other similar item
parked or stored on an unpaved surface or which blocks
access to a required parking space;
(1) Presence of graffiti, that is, City unauthorized
inscribing, spraying of paint, or making of symbols using'
paint, spray paint, ink, chalk, dye, or similar materials
on public or private structures, buildings, or places.
(m) Property failing to meet minimum levels of maintenance
and Care as set forth as follows:
(1) LandscaDinq. Ail landscaping shall be maintained in
a healthy condition free of dead, decayed, overgrown or
discarded plant material;
(2) Landscape Irriqation. Landscape irrigation pipes and
sprinkler heads shall be maintained in good working order
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ordinance No. 1080
Page 7
so as to cover all landscaped areas;
(3) Walls, Fences and Other Structures. All wall~, fences
and trash enclosures and other structures shall be
maintained free of significant surface cracks, dryrot,
warping, missing panels or blocks which either (i)
threaten structural integrity, or (ii) results in a
dilapidated, decaying, disfigured, partially ruined,
appearance;
(~) Parkinq and Related Surfaces. Parking surfaces and
pedestrian walkways shall be maintained in a safe
condition such that any concrete, asphalt or other
driving or walking surfaces are free of potholes, buckled
or cracked surfaces or raised areas;
(5) Buildinq Elevations and Roofs. Exterior building
surfaces and roofs shall be maintained free of
significant surface cracks, missing materials, warping,
dryrot'or blocks, which either (i) threatens structural
integrity, or (ii) results in a dilapidated, decaying,
disfigured, partially rui~.e~, appearance. .
(6) .~rash and D~b~is. The~rope~ty:'s~all- be. ~-main~ained ..
fre~ of the"~cc~m~lat~on of trash-an~ de,ris. Trash and
debris associated with per~itted uses~are to be stored
solely in designated trash enclosures.
Any violation of subsection 5502(m)(5) is hereby
declared to-be a misdemeanor.
5503 PUBLIC NUISANCE
(a) Authority to Abate and Impose Sanctions
Enforcement of this chapter may be accomplished by the
enforcement officer in'any manner authorized by law. The
procedures set forth in this chapter shall not be
exclusive and shall not in any manner limit or restrict
the city from enforcing other city ordinances or abating
public nuisances in any'6ther manner provided by law.
Whenever an enforcement officer determines that any
condition exists in viOlation of Section 5502, he or she
may take enforcement action pursuant to this section.
Notwithstanding the public nuisance abatement pr6cedures,
criminal and/or civil remedies may be employed as
provided under law.
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Ordinance No. 1080
Page 8
(b) Written Notice
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Whenever the enforcement officer has inspected the
location of the alleged violation and it has been found
or determined that conditions constituting a nuisance
exists on any property located in the city, the
enforcement officer may prepare a notice and order and
cause the owner of the property and the person, if other
than the landowner occupying or otherwise in charge or
control of property to be notified in writing of the
~xistence of.said condition and/or requir~~ an appearance
before the enforcement officer at a stated.time and place
to show why such condition should not be abated by the
City at such person's expense. The notice and order .to
abate the determined public nuisance shall contain the
following'
( 1)' The street address and a legal description
sufficient for identification, of the property on
which the condition exists.
(2) A statement that the enforcement of ficer has
determined . that~ .. a . public nuisance is being
: .- ... ~ · maintained."on :the Pr. oper~¥.-~it~, a.b~ief .descr. ipti:Qn:
' - 'of the '~ conditions" which ren.der .the' property a
public nuisance.
(3) An order to secure all appropriate permits and to
physically commence, within a certain time from' .the
date of service of the notice and order, and to
complete within that reasonable and established
time and date, the abatement of the described
conditions.
(4) A statement advising that the disposal of any
material involved in public nuisances shall be
carried forth in a legal manner.
(5) A statement advising that if the required work is
not commenced within the time spec i f ied, the
enforcement officer will proceed to cause the work
to be done, and bill the persons named in the
notice for the abatement costs and/or assess the
costs against the property.
(6) A statement advising that any person having any
interest or record title in the property may
request consideration of the notice and order or
any action of the enforcement within ten (10) days
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Ordinance No. 1080
Page 9
from the date of service of the notice and order.
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(7) A statement advising'that the notice and o~der will
be recorded against the property in the office of
the Coun%y Recorder.
(c) Manner of Notice
The notice and order, and any amended notice and' order,
shall be mailed by first class mail, postage prepaid, to
each person as required pursuant to the provisions of
su]~section (b) of this section at the address of the
violation as it appears on the last equalized assessment
roll of the County or as known to the enforcement
officer. The address of.owners shown on the assessment
roll shall be 'conclusively deemed to be the .property
address for the purpose of mailing such notice. The
failure of the enforcement officer to make or .attempt
service on any person required in this section to be
serv~-~hall not-invalidate any proceedings hereunder as
to a~y other person duly served. Service by mail in' the
manner herein-provided shall be effective on the date of
mailing. -Th~ failure of' any. such person entitled' to
.receiv.e ~.u'ch-nOtice-sha~t not- 'aff.ect .the ..validity .of any.
proceedings t-~en"un~..er-th~s arti'~le.-proof of Service of
the n6tice and order shall be documented at the time 6f
service by a declaration under penalty of ~perjury
executed by the person effecting service, declaring the.
time and manner in which service was made. At the time
the notice and order is served, the enforcement officer
shall file in the office of the County Recorder a
~ert i f icate lega 1 ly descr ibing ~ the property and
certifying that a public .nuisance exists on the property
and that the owner has been so notified. The enforcement
officer shall file a new certificate with the County
Recorder that the nuisance has been abated whenever the
corrections ordered shall have been completed so that
there no longer exists a public nuisance on the property
described in the certificate; or the notice and order is
rescinded upon appeal; or whenever the City abates the
nuisance and the abatement costs have been paid.
(d) Extension of Time to Perform Work.
Upon receipt of a written request from any p~rson
required to comply with the order, the enforcement
officer may grant an extension of time within which to
complete said abatement, if the enforcement officer
determines that such an extension of time will not create
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Ordinance No. 1080
Page 10
or perpetuate a situation imminently dangerous to life or
property. The enforcement officer, shall have the
authority to place reasonable conditions on any such
extensions.
(e) Hearing
The enforcement officer may set a date, time and place to
hear any relevant evidence concerning the existence of
the alleged public'nuisance and the question of whether
the expense of abating said public nuisance, if
determined to exist, should be made a lien on the
property.
If, at the conclusion of such hearing, the enforcement
officer is Satisfied that said condition .exists and
concludes that it should be abated at the expense of°the
landowner, he or she shall advise such person in writing
in the same manner as provided in subsection C of this
~section, Such notice shall also .inform the landowner of
the right of appeal as provided in Section 5504. In the
· event any person given notice of hearing, as shown by the
evidence of mailing, .'shoul~. fail to appear at said
. h~ar'ing,' then ~h'evid~nce available to'.the-e~.forcement..
~fficer s~all be ~uffl~'ient evidence of theexisten6e'of
facts in'support of said conclusion.
(f) Request for Reconsideration
Any person aggrieved b~ the action of the enforcement
officer'in issuing a notice and order pursuant to the
provisions of this chapter may appeal in accordance with
provisions of Section 5504 of this chapter. If no appeal
is filed within the time prescribed, the action of the
enforcement officer shall be final.
5504 APPEALS
(a) Appeal of Enforcement Officer Decision
Any person entitled who is dissatisfied with a public
nuisance determination of the enforcement officer shall
have the right to appeal to the Planning Commission
within seven (7) days from the date of mailing of the
decision of the enforcement officer. Such appeal shall be
in writing and filed with the Community Development
Department, together with a filing fee in an amount as
may be prescribed by the city Council by resolution. The
notice of appeal shall specify:
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Ordinance No. 1080
Page 11
The legal description and street address of the
property; ' _~
2. The determination being appealed;
·
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The owner's or appealing party's legal interest in
the property;
A statement of disPuted and undisputed facts;
A statement specifying that'-portion of decision or
hearing proceedings ' that are being appealed
together with any evidentiary and supporting
materials that would support the appeal;
6. A signed verification of the truth of all matters.
Upon the timely filing of a notice of appeal in the
proper form, the Community Development Department shall
place-said appeal u~n regular meeting of the Planning
Commission scheduled to.be.held~not leSs than thirty (30)
days after said appealis received.
o
The ' Corem.unSay ~ 'Development Department shall - prowide
written notice of the-appeal, including the"t~e, place
and date of the hearing on the appeal, to the appellant
and any other person to whom notice of the enforcement
officer's order was sent. Said notice shall be_ sent in
the same manner as notice of the enforcement officer's
notice and order.
The Planning Commission may limit the issues on appeal to
those set forth in the appellant's notice of appeal, may
consider the record produced before the enforcement
officer, and may allow additional evidence to be
produced.
Notice of the Planning Commission's determination shall
be in substantially the same form as that sent by the
enforcement officer ~nd shall be sent to all persons to
whom notice-of the enforcement officer's order was sent
as well as to all persons requesting such notice, in
writing, at the time the appeal is heard.
(b) Appeal of Planning Cozmission Decision
Any person who is entitled to notice of hearing, who
participated in the _Planning Commission hearing and who
is dissatisfied with a public nuisance decision of the
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Ordinance No. 1080
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o °.-
Planning Commission may appeal any order, requirement,
decision or determination to the City Council. in the
same manner set forth for enforcement officer appeals.
Appeals shall be made in %Tiring and filed with the City
Clerk prior to 5:00 p.m. of the day of the first regular
meeting of the City Council following the Planning
Commission action to be appealed, together with a filing
fee in the amount as prescribed by the City Council
resolution which may be amended from time to time.~
Upon any appeal being duly filed or requested by the City
Council, a time for hearing shall be a date 'set within
thirty (30) days of the filing of the appeal. Notice of
the appeal shall be sent in the same manner as notice of
the Planning Commission's decision.
-
At the close of the hearing on an appeal, the City
Council may reverse or modify the decision of the
Planning Commission and/or remand the matter to the
Planning CommisSion for further proceedings in accordance
with directions of the City Council. If the City Council
does not take anY-action reversing,, modifying and/or
remanding of the. t decisi°n of the Planning Commission
. .wfthi.n-~ ~'thirty Cb.O) -'daYs after- ..the....fil-ing. of ,.appeal '-
thereon, ~he ~Planninq.~ Cb~ission ' s action on"the matter
shall be final and conclusive. Notice of a final
determination shall be 'sent in the same manner as after
the Planning Commission's determination.
5505 ABATEMENT OF NUISANCE BY CITY
/
If such nuisance is not completely abated by the owner as
directed within the abatement period, the City shall
immediately cause the same to be abated by City personnel or
private contract and such personnel or persons under contract
are expressly authorized to enter upon said premises for such
purposes. The owner of said premises shall be liable to the
city for all costs of such abatement, including all
administrative and inspection costs.
5506 PROCEEDINGS FOR ABATEMENT OF IMMINENTLY DANGEROUS
PUBLIC NUISANCES
Whenever the enforcenent officer determines that a public
nuisance is so imminently dangerous to life or adjacent
property that such condition must be immediately corrected, or
isolated, the following procedures may be instituted.
(a) The enforcement officer shall attempt to make contact
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ordinance No. 1080
Page 13
through a personal interview, or by telephone with the
landowner or the person, if anY, occupying or otherwise
in real or apparent charge and control thereof-~ In the
event contact is made, the enforcement officer shall
notify such person,' or persons, of the danger involved
and require that such condition be immediately removed,
repaired or isolated so as to preclude harm to any person
or property.
(b) In the event the enforcement officer is unable to make
contact as hereinabove noted, or if the appropriate
persons,' after notification by the enforcement officer,
do not take action as'specifled by such official, within
the time frame requested, then the enforcement officer
may, with the. approval of the city Manager, take all
steps deemed necessary to remove or isolate such
dangerous condition, or conditions, with the use of city
forces or a contraCto~ retained-pursuant to the
provisions of this Code.
"-(~) The enfOrcement Officer Shall keep an itemized account of
the costs incurred by. the .ci%y-in removing or isolating
suck condition,. .or~ c°nditions.' SuCh costs may be
recovere~ in the Samema~ner. that abatement costs are
recovered pursuant:to-this chapter~'..
5507 COSTS OF INSPECTION
Whenever a Public nUisance aS defined in this chapter is
found to exist as a result of said inspection, the reasonable
costs fcr said inspection as set-by city Council resoiution
shall be paid by the landowner~--
5508 ASSESSMENT OF COSTS AGAINST PROPERTY
(a) Cos~ Assessment
The enforcement officer, personnel or persons who abate
the nuisance shall keep an account of the cost of
abatement. Such personnel or persons shall submit an
itemized written report showing such costs to the
Co-~nunity Development Department for transmittal to the
City Clerk for city Council.
(b) Hearing on Assessment
The City Clerk shall thereupon set the report and account
for hearing by the city Council at the first regular
meeting which will be held at least seven calendar days
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Ordinance No. 1080
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(c)
(d)
(e)
(f)
after the date of filing, and shall post a copy cf· said
report and account and notice of the. time and _place of
hearing in a conspicuous place in or near the entrance of
the Tustin City Hall. The owner who is affected by such
report and account shall be sent a notice advising him of
the date, time and place of the hearing and said notice
shall be served.
Tax Lien
The City Council shall consider the report and account at
the tim~ set for hearing, together with any objections or
protests by any interested parties. Any owner of land or
person interested therein may present a written or oral
protest or objection to the report and account. The City
Council may modify the report if it is deemed necessary,
and sha 11 then confirm the report by motion or
resolution. Pursuant to appropriate sections cf the
Government Code and in particular Section 38773.5 and
Section-25845, the total costs of abatement including all
administrative costs, shall constitute a -special
assessment against ~that ~ParCel. After the assessr-ent is
made and confirm..ed' it~Shall b.e a lien on the prcperty.
. .
.
Cost Report '~; '' ' ~
After confirmation of the report, a certified copy shall
· be .filed with-the Orange County Auditor on or before
August 10 of each year and the auditor shall be requested
to enter the amounts of the respective assessments on the
county tax roll.
Special AssesSment
Such special assessment shall be collected at tke same
time and in the same manner as ordinary municipal taxes
are collected and shall be subject to the same penalties-
and the same p. rocedures and sale in case of delinquency
as provided for ordinary municipal taxes.
Refunds
The City Council may order refunded all or part of an
assessment paid pursuant to this chapter if it finds that
all or part of the assessment has been erroneously
levied. An assessment or any part thereof shall not be
refunded unless a claim is filed with the City Clerk on
or before December 1st after the assessment becomes due
and payable. The claim shall be verified by the person
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Ordinance No. 1080
Page 15
who paid. the assessment, or his guardian, executor, or
administrator.
5509 GENERAL PENALTY AND CONTINUING VIOLATIONS
(a) Any person violating or failing to comply with any
provision or mandatory requirement of this code shall be
guilty of a misdemeanor unless charged as an infraction
by the enforcement officer.
(b) Each person guilty of a misdemeanor or infraction shall
be guilty of a separate offense for each and every day
during any portion of which any violation or any
provision of this code is committed, continued or
permitted by such person and shall be punished
accordingly.
(c) Any person who removes any notice or order posted as
required in this chapter, for the purpose of 'interfering
with the enforcement of the provisions of this chapter,
is guilty of a misdemeanor .... unless charged as an
infraction by the,.enforcement officer.
..
.
(d) Any person who obstructS, impedes or interferes with any
representative of D City department or with any person
who owns or.holds an estate or interest in a building
which has been ordered to be vacated, repaired,
rehabilitated,'or demolished or With any person to whom
any such building has been lawfully sold pursuant to the
provisions oft his chapter when any of the aforementioned
individuals are lawfully engaged in proceedings.involving
the abatement of a nuisance is guilty of a misdemeanor
unless charged as an infraction by the enforcement
officer.
(e) The penalties and procedures provided in this chapter
shall be cumulative and in .=_ddition to any other
procedure or procedures provided in this Code or by 'state
law for the abatement of any of uhe conditions described
herein, and abatement hereunder shall not prejudice or
affect any other action, civil or criminal, for the
maintenance of any such conditicn.
5510 SEVERABILITY
It is declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and phrases
of this chapter form interrelated regulations for dealing with
the problem of property maintenance and public nuisances
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ordinance No. 1080
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within the city, but that such sections, paragraphs,
sentences, clauses and phrases are distinct, and severable and,
in the event that any sections, paragraphs, clauses and
phrases are declared unconstitutional, invalid or
unenforceable by any court of competent jurisdiction, such
unconstitutionality, invalidity or unenforceability shall not
affect any of the remaining sections, paragraphs, clauses or
phrases of this chapter.
regular meeting of the~stin City
PASSED and ADOPTED at a ?~~
Council held on the 18th day of Nov
.
CHARLES E. PUCKE~T
Mayor
'- MARi~, - 'Cit~ Clerk
STATE OF CALIFORNIA .)
COUNTY OF...OR~/~GE - ~ )
CITY OF TUSTIN
CERTIFICATION FOR ORDINANCE NO. 1080
MARY E. WYNN, city Clerk and ex-officio Clerk of the city
Council of the City of Tustin, Caiifornia, does hereby certify
that the whole number of the members of the city Council of
the City of TUstin is 5; -that the above and foregoing
ordinance No. 1080 was duly and regularly introduced and read
at a regular meeting Of the city Council held on the 4th day
of November, 1991, and was given its second reading, passed
and adopted at a regular meeting of the city Council held on.
the 18th day of November, 1991, by the following vote:
COUNCILMEMBEP-AYES: Puckett, Pontious, Edgar, Ports, Prescott
COUNCILMEMBER NOES: None
COUNCILMEMBF~q ABSTAINED: None
'- COUNCILMEMBER ABSENT: None
M~~'n n ,~~i ty clerk
O0:rwn\lO&O.ord
TUSTIN CITY CODE PROPERTY MAINTENANCE, ETC. 5500
CHAPTER 5
PROPERTY MAINTENANCE AND NUISANCE ABATEMENT REGL.'LATION8 AND
STANDARDS
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5500 PURPOSE AND FINDINGS
The purpose of this chapter is to provide for the abatement of conditions which are offen-
sive or annoying to the senses, detrimental to property values and community appearance, an
obstruction to or interference with the comfortable enjoyment of adjacent property, or haz-
ardous or injurious to the health, safety or welfare of the general public in such ways as to
constitute a nuisance. The Council finds and determines as follows:
(a) The City has a history and reputation for well kept properties and the property values
and the general welfare of the community are founded, in part, upon the appearance
and maintenance of private properties.
Co) There is a need for fizrther emphasis on property maintenance and so_ n~tation in that
cert__~in conditions, as descnq~d in this chapter, have been found from place to place
throughout the City.
.... . (c). The_existence of such conditions as described in this chapter, is inju.-ious and inimical
-- .' to the public health, safety, and welfare of the residents of the Ci.-y. and contributes
substantially and increasingly to the deterioration of neighborhoods.
(d) Abatement of such conditions is in the'best' in/erests of the health, safety and welfare
of the residents of the CitY because maximum use and enjoyment of property in
proximity to one another depends upon maintenance of those properties at or above a
mirimum standard.
(e) Unless corrective measures are undertaken to alleviate such existLug conditions and
assure the avoidance of future problems in this regard, the public kealth, safety, and
general welfare, and spedfically the social and economic standards ~f the community,
will be depreciated.
(f) The abatement of such conditions will improve the general welfare an~ image of the
City. (Ord. No. 1080, Sec. 2, 11-18-91)
5561 DEFINqTIONS
For the purposes of this chapter, the following words and phrases shall kave the meaning
ascribed thereto:
"Abandoned": In addition to those del-tuitions provided by state cedes, local ordinances
and case_law, the term "abandoned" means and refers to any item which ha~ ceased to be used
for its designed and intended purpose. The following factors, among others, ~-iI1 be considered
in determining whether or not an item has been abandoned:
(1) Present operability and functional utility;
--~ PS-5-3
.~ .~V: 1-92
TUSTIN CITY CODE PROPERTY M~P~INTENA.'gCE, ETC.
5501(2)
(2) The date of lazt effective use;
(3) The condition of disrepair or damage;
(4) The last time an effort was made to repair or rehabilitate the item;
(5) The status of registration or licensing of the item;
(6) The age and degree of obsolescence;
(7) The cost of rehabilitation or repair of the item versus its market value;
(8) The nature of the area and location of the item.
"Abate" me-nm to ~, replace, remove, destroy or otherwise remedy the condition in
question by ~uch means and in much manner and to such an extent as the enforcement officer
in his or her judgment shall determine is neo~__~ in the interest of the general health, ~afety
and welfare of the community.
"Attractive nuisance" ahall mean any condition, instrument or machine which is unsafe
and unprotected and thereby d~ngerous to young children by reason of their inability to
appreciate the peril ther_~_',m~.and which may be reasonably expected to attract children to a
property and thus risk injury by playing with, .in or on it.
..... -':Dismantled" means that from which essential equ. ipment~ parts, or contents have been
removed or stripped and the outward appearance veri~es, the ~removal.
..
"Enforcement officer" means that person .or: other 'City officer or employee as may be
designated in writing by the City Manager to enforce Property maintenance, zoning and other
City violations. '~
"Graffiti" means City unauthorized in_~ribing, ~raying of paint, or making of symbols
using paint, spray paint, ini% ch~llr; dye or silriilar materials on public or private structures,
buildings, places or other surfaces.
"Inoperative" means in_~_pable of functioning or producing activity for mechanical or
other reasons.
"Person" means person, partnership, corporation, or'any other entity.
"Property owner" means the person(s) or entity to whom property tax is assessed, as
shown on the last equMired assessment roll of the County.
"Owner" means the registered owner of a vehicle which includes but shall not be limited
to the property owner, renter, lessor and/or other residents or guests residing permanently or
temporarily on a residential property.
"Premises" means any building, lot, parcel, real e_~ate, or land or portion of land whether
improved or unimproved, including adjacent streets, sideWalks, parkways and parking strips.
"Property" means any lot or parcel of land and shall include any alley, sidewalk, parkway
or unimproved public easement abutting such lot or parcel of land.
REV: 1-92 PS-5-4
TUSTIN CITY CODE PROPERTY MAINTENANCE, ETC.
5501
'~rrecked" means tha~ which has an outward manifestation or appearance of damage to
parts and contents which is essential to operation. (Ord. No. 1080, Sec- 2, 11-18-91)
5502 PROPERTY MAIlX~I~ENANCE NUISA.NCES
It is hereby declared to be a public nuisance for any property owner or other person in
control of said property tn keep or maintain said property, including adjacent parkways,
sidewalks or streets under fee ownership by said person, in such manner that any of the
following conditions are found to exist:
(a) Any abandoned, dismantled, wrecked, inoperable, discarded objects or equipment
such as, b~t not limited to automobiles, trucks, trailers, boats, appliafices, water
heaters, refrigerators, furniture, irnctures, miscellaneous machinery and equipments,
cans or containers standing or stored on property or on adjacent parkway Sidewalks
or streets which can be viewed from a public highway, walkway, or from private or
public property, or which items am readily acces__sible from such places, or which are
stored on private property in violation of any other law or ordinance;
·
(b) Any condition which exists upon any premises that is dangerous to human life or is
detrimen~ to health as determined by an appropriate city official;
. .
-"(c) Any alteration Of land, the topography or configuration of which in. any man-made
state, whether as a result of grading operations, excavations, f'fll or'other alteration,
interferes with the established drainage pattern over the Property or from adjoining
or other property which does, or may result... ~ in erosion, subsidenCe or surface water
drainage problems of such magnitude as to be injurious to public health, safety and
welfare of any reel properVjr,
(d) Disposal or presence of oil, grease, other petroleum products, noxious chemicals,
pesticides, or any gaseous, liquid or solid waste in such a manner [as] to consist
[constitute] a heei~':h or fire hazard or degrade the appearance of or detract from the
aesthetic and pro._~erty values of neighboring properties;
(e) Lumber (excluding stacked firewood not visiblefrom a public street, alley or adjoining
property for use cn the property or lumber for a construction project on the property
with a valid perm/t), junk, trash; salvage materials (including' but not limited to auto
parts, so. xap metals, tires, tin cans and bottles), or packing boxes or other debris stored
on premises in e_x~ss of seventy-two (72) hours;
Any performance of work on motor vehicles, vehicle engines or parts, or household
f'~ctures, on a pubi~ic right~.f~.w,y or performance of such work in yard areas of res:.-
dential properties ~ as to be visible from a public right'of-way or neighboring prop-
erties other than emergency repairs or minor maintenance being performed by the
owner of the veh/de or fbcture;
Any swimming pool, pond, spa or other body of water or excavation which is aban-
doned, unattendeJ, or unfiltered;
REV: 1-92 PS-5-5
TUSTENCITYCODE
PROPERTY MAINTENANCE, ETC.
5502{h)
(h) Trailers not within established mobilehome parks, dumpsters or similar vehicles or
equipment used for sleeping purposes;
(i) Accumulations of asphalt, concrete, plaster, tile, rock.% bricks, building materials and
fill dirt resulting from excavations on or off the property;, . _-
/j) Use of a parked or stored vehicle, boat, camper shell, trailer o.r other similar item as
temporary or permanent living space;
(k) Any vehicle, boat, camper shell or other SimilAr item parked or stored on an unpaved
surface or which blocks access to a required parking space;
(1)
(1)
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(2)
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Presence of graffiti, that is, City unauthorized inscrfbing, spraying of paint, or making
of symbols using paint,, spray paint, ink, cholk; dye, or similar materials on public or
private stru~, buildings, or places.
Property f_~iling to meet minimum levels of maintenance and care as set forth as
follows:
Landscaping. AH landscaping shall be maintained in a healthy condition free of
dead, decayed, overgrown or ~ed plant material;
Landscape irrigation. Landscape irrigation pipes and sprinkler heads shall be
maintained in good working order so as to cover all landscaped areas;
WallS, fences'and other strUcture~ All wo_ 11.~. fences and trash enclosures and
other strucatres shall be maintained, free of signifier.surface cracks, dryrot,
warping, missing panels or blocks .which either (D threaten-structural integrity,~
or (ii) result in a dilapidated; ' decaying, disfigured, partially ruined, appearance;
(4) 'Parking and related surfaces, parlri._ngsurfa_~es__ and pedestrian walkways shall be
maintained in a Safe condition such that any concrete, asphalt or other driving or
walking surfaces are free of potholes, buckled or cracked surfaces or raised areas;
(5) Building elevations and roofs. Exterior building surfaces and roofs shall .be main-
rained free of significant surface cracks, missing materials, warping, dryrot or
blocks, which either (i) threaten structural integrity, or (ii) result in a dilapidated,
decaying, disfigured, partially ruined, appearance-
(6) Trash and debris. The property shall be m~int~_ ined free of the accumulation of
trash and debris. Trash and debris associated with permitted uses are to be stored
(m)
solely in designated trash enclosures.
Any violation of subsection 5502(m)(5) is hereby declared to be a misdemeanor. (Ord.
No. 1080, Sec. 2, 11-18-91)
5503 PUBLIC NUISANCE
a Authority to Abate and Impose Sanctions
Enforcement of this chapter may be accomplished by the enforcement officer in any manner
authorized by law. The procedures set forth in this chapter shall not be exclusive and shall not
REV: 1-92 PS-5-6
TUSTIN CITY CODE PROPERTY MAINTENANCE, ETC.
5503a
in any manner limit or restrict the city from enforcing other city ordinances or abating public
nuisances in any other manner provided by law.
Whenever an enforcement officer determines that any condition exists in vi~lation of
section 5502, he or she may take enforcement action pursuant to this section. Notwithstanding
the public nuisance abatement procedures, criminal and/or civil remedies, may be employed as
provided under law.
b Written Notice
Whenever the enforcement officer has ~ the location of the alleged violation and
it has been found or determined that conditions constituting a nuisance exist on any property
located in the city, the enforcex~ent officer may prepare a notice and order and cause the owner
of the property and the person, if other than the landowner occupying or otherwise in charge
or control of property to be notified in Writing of the existence of said condition and/or require
an appearance before the enforcement officer at a stated time and place to show why such
condition should not be abated by the City at such person's expense. The notice and order to
abate the determined public nuisance shall contain the following.
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(1) The street address and a legal de~ription sufficient for identification of the property
on which the condition exists.
...
-:- '(2) A statement, that the enforcement officer has determined that a public nuisance is
being maintained on the property with a brief description of the conditions which
render the property a public nuisance.
(3) An order to secure all appropriate per~..'~ and to ph.s~ically commence, within a
certain time from the date of service of the notice and order, and to complete within
that reasonable and established time and date, the aba:ement of the described con-
ditions.
(4) A statement advising that the disposal of any material involved in public nuisances
shall be carried forth in a legal manner.
(5) A statement advising that if the required work is not commenced within the.time
specified, the enforcement officer will proceed to cause the work to be done, and bill
the persons named in the notice for the abatement costs and/or assess the costs
against the property.
(6) A statement advising that any person having any in-.erest or record title in the
property may request consideration of the notice and order or any action of the
enforcement within ten (10) days from the date of service of the notice and order.
(7) A'statement advising that the notice and order will be recorded against the property
in the Office of the County Recorder.
_
c Manner of Notice
The notice and order, and any amended notice and order, shall be mailed by first class
mail, postage prepaid, to each person as required pursuant to the provisions of subsection b of
REV: 1-92 PS-5-7
TUSTIN CITY CODE PROPERTY MAINTENANCE, ETC.
this section at the address of the violation as it appears on the last equalized assessment roll
of the County or as known to the enforcement officer. The address of owners sho~-n on the
assessment roll shall be conclusively deemed to be the property address for th~ purpose- of
mAillnff such notice. The failure of the enforcement officer to make or attempt service on l~ny
person required in this section to be served shall not invalidate any p .rpceedings hereunder as
to any other person duly served. Service by mail in the manner herein provided shall be
effedive on the date of mRilinff. The failure of any such person entitled to receive such notice
shall not affect the validity of any proceedings taken under this article. Proof of service of the
not/ce and order shall be documented at the ~me of service by a declaration under penalty of
perjury executed by the person eff~ service, declaring the time and manner in which
service was nmd~ At the time the notice and order is served, the enforcement officer shall file
in the Office of the County Recorder a certificate legally describing the property and certifying
that a public nuisance exists on the property and that the owner has been so notified. The
enforcement ol~er shall file a new cert/ficate with the County Recorder that the nu/sance has
been abated whenever the corrections ordered shall have been completed so that there no
longer exists a public nuisance on the property described in the certificate; or the notice and
order is re~/nded upon appeal; or whenever the City abates the nuisance and the ~ent
costs have been pai&
"d' i.-EX~ndon of Time to 'Perform Work
Upon receip~ of a written reqUest from any person required to comply with the order, the
enforcement officer may grant an extenlion of time within which to complete said abatement,
:
· if the enforcemen~ officer determines that such an extension of time will not create or perl~t-
uate a si/;u~tion imminently danger0hs r,o life or ~l~0'perty.'The enforcement officer shall have
the author/ty to place reasonable conditions on any such extensions.
e Hearing
The enforcement officer may set a date, time and place to hear any relevant evidence
concerning the e=i-stence of the alleged public nuisance and the question of wh 'er. her the
~ of abating said public nuisance, if determined to .exist, should be made a lien on the
property.
If, at the conclusion of such hearing, the enforcement officer is satisfied that said condition
exists and concludes that it should be aSa~d at the.expense of the landowner, he or.~h'e'~.~hall
advise such person in writing in the same manner as provided in subsection c of this section.
Such notice shall also inform the landowner of the right of appeal as provided in section 5504.
In the event any person given notice of hearing, as shown by the evidence of mailing, should
fail to appear at said hearing, then such evidence available to the enforcement officer sh~ll be
sufficient evidence of the 'exis-.ence of facts in support of said conclusion.
f Request for Reconsideration
Any person aggrieved by the action of the enforcement officer in issuing a notice and order
pursuant to the provisions of this chapter may appeal in accordance with provisions of section
REV: 1-92 PS-5-8
TUSTIN CITY CODE
PROPERTY MAINTENANCE, ETC.
5503f
5504 of this chapter. If no appeal is fled within the time prescribed, the action of the enforce-
ment officer shall be final. (Ord. No. 1080, Se~ 2, 11-18~91)
.
-
5.504 APPEALS
a Appeal of Enforcement Officer Decision
Any person entitled who is dissatisfied with a public nuisance determination of the en-
forcement officer sh~li have the right to appeal to the Planning Commission within seven (7)
days from the date of mailing of the decision of the enforcement officer. Such appeal shall be
in writing and filed with the Community Development Department, together with a/'fling fee
in an amount as may. be prescribed bythe City Council by resolutiom The notice of. appeal shall
(1) The legal description and street address of the property;
(2) The determination being appealed;
(3) The owner's-or app~ling party's legal interest in the property;,
(4) A statement of disputed and undisputed facts;
..-. - (5)- A statement specifying that pertion of decision or hear~, g proceedings that are being .
appealed together with any evidentiary and supporting materials that Would support
.
.
the appeal; .~ .
(6) A signed verification of the truth'Of rill matters.
-
Upon the timely filing of a notic~ of appeal in, the proper form, the Community Develol~
m. ent Department shall place ~aid appeal upon regular meeting of the Planning Commission
~heduled to be held not less than thirty (30) days after said appeal is received.
The Community Development Department shall provide written notice of the appeal,
i=cluding the time, place and date of the hearing on the appeal, to the appellant and any other
·
~erson to whom notice of the enforcement officer's order was sent. Said notice shall be sent in
the r~me manner as notice of the enforcement officer's notice and order.
The Planning Commission may limit the issues on appeal to those set forth in the appel-
lant's notice of appeal, may consider the record produced before the enforcement' officer, and
.-._ay allow additional evidence to be produced.
.
Notice of the Planning Commi~ion's determination shall be in substantially the same
form as that sent by the enforcement officer and shall be sent to all persons-to whom notice of
Cue enforcement officer's order was sent as well as to all persons requesting such notice, in
writing, at the time the appeal is heard.
b Appeal of Plonning Commission Decision
Any person who is entitled to notice of hearing, who participated in the Planning Com-
mission hearing and who is dissatisfied with a public nuisance decision of the Planning
Commission may appeal any order, requirement, decision or determination to the City Council
PS-5-9
_= --.V: 1-92
TUSTIN CITY CODE PROPERTY I~~~, ETC.
5504b
in the same manner set forth for enforcement officer appeals. Appeals shall be made in writing
and filed with the City Clerk prior to 5:00 p.r~ of the day of the first regular meeting of the
City Council following the Planning Cornmi~qlon action to be appealed, together with a
fee in the amount as prescribed by the City Council resolution which may be amended from
time to time.
Upon any appeal being duly Cried or requested by the City Council, a time for hearing shall
be a date set within thirty (30) days ofthe/'fling ofthe a~ Notice ofthe appeal shall be sent
in the rmme manner as notice of the Planning Commission's decision.
At the close of the hearing on an appeal, the City Council may reverse Or modify the
decision of the Planning Commission and/or remand the ~ to the Planning Co~mi~sion
for further proceedin~ in accordance with directions of the City Council. If the City Council
does not take any action reversing, modifying and/or remanding of the decision of the Planning
Commi~_~on within thirty (30) days after the fill. g of appeal thereon, the Planning Commi~-
sion's action on the matter shall be final and conclusive_ Notice of a final de~tion shall
'be sent in the s-me n'u~_ nner as after the P!.nning Co_mmi-~ion's determination. (Ord. No.
1080, F~. 2, 11-18-91)
o _ cg wzcrry
If such nuisance is not completely abated by ~he ewner as direct__ed within the aba~ment
period, the City shall immediately cause the' ~me te be abated by ~ity personnel er private
said promises for such purpese~ Theowner ef s~igt.. -premises shall be liable to the City for all
costs ef such abatement, including all admini-~,xative and inspection cost~ (Ord. No. 1080:
2, 11-18-91)
5506 PROCEEDINGS FOR ABATEMENT OF iMMINENTLY DANGEROUS PUBLIC NUI-
SANCES
Whenever the enforcement officer determines that a public nuisance is so imminently
dangerous to life or adjacent proPerty that such condition must be immediately corrected, or
isolated, the following procedures may be instituted.
(a) The enforcement officer shall attempt to make contact thveugh a Personal interview,
or by telephone with the landowner or the pe..-~on, if any, occupying or otherwise in
real or apparent charge -.nd control thereof. In the event contact is made, the enforc~
ment officer shall notify such person, or persons, of the danger involved and require
that such condition be immediately removed, repaired or isolated so as to preclude
hann to any person or property,.
.
.
Co) '-In the event the enforcement officer is uzmble to make contact as hereinabove note~
or if the appropriate persons, after notification by the enforcement officer, do not take
action as specified by such official, within the time frame requested, then the enforce-
ment officer may, with the approval of the City Manager, take all steps deemed
REV: 1-92 PS-5-10
TUSTIN CITY CODE PROPERTY MAINTENANCE, ETC.
5506(b1
necessary to remove or isolate such dangerous condition, or conditions, with the use
of. City forces or a contractor retained pursuant to the provisions of this Code.
(c} The enforcemenz officer shall keep an itemized account of the costs incurred by the
City in removing or isolating such condition, or conditions. Such costs may be recov-
ered in the same manner that abatement costs are recovered pursuant to this chapter.
(Ord. No. 10S0, Sec_ 2, 11-18~91}
5507 COSTS OF INSPECTION
Whenever a public nuisance as defined in this chapter is found to exist as a result of said
inspection, the reasonable costs for said inspection as set by City Council resolution shall be
paid by the landowner. (Or& No. 1080, Se~ 2, 11-18-91)
5508 ASSESSMENT OF COSTS AGAINST PROPERTY
a Cost Assessment
The enforcement officer, personnel or persons who abate the nuisance shall keep an
account of the cost of ~ent. Such personnel or persons shall submit an itemized written
report showing such ~ to the Community Development Department for transmit~ to the
City-Clerk f~r City Coun~ ,i. ·
·
. .
b Hearing on ~ent - .
The City Clerk shall thereupon set the ~eport and account for hearing by the City Council
at the first regular meeting which will be held at I~ seven' (7) calendar days after the date
of filing, and shall post a copy of said report and account and notice of the time and place of
hearing in a conspicuous place in or near the entrance of the Tustin City Hall. The owner who
is affected by such repor~ and account shall be sent a notice advising him of the date, time and
place of the hearing and -=aid notice shall be served.
c Tax Lien
The City Council shall consider the report and account at the time set for hearing, to-
gether with any objectio~ or protests by any interested parties. Any owner of land or person
interested therein may present a written or oral protest or objections to the report and account.
The City Council may modify the report if it is deemed necessa .ry, and shall then conf-Lrm the
report by motion or re~olution, lhxrsuan~ to appropriate sections of the Govmmment Code and
in particular Section 38773.5 and Section 25845, the total costs of abatement including all
administrative co, ts, shall constitute a special assessment against that parcel. After the as-
~sessment is made and confirmed, it shall be a lien on the property.
d Cost Report
After conf'mnation o£ the report, a certified copy shall be filed with the Orange County
Auditor on or before August 10th of each year and the auditor shall be requested to enter the
amounts of the respective assessments on the county tax roll.
REV: 1-92 PS-5-11
TUSTIN CITY CODE
PROPERTY ]vLtklNTENANCE, ETC.
5508e
e Special AsSessment
Such 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 and the same
procedures and sale in case of delinquency as provided for ordinary municipal taxes.
f Refunds
The City Council may order refunded all or part of an assessment paid pursuant to this
chapter flit fmd~ that all or part ofthe assessment has been erroneously levied. An assessment
or any part thereof shall not be refunded unless a claim is Fled with the City Clerk on or before
December 1st after the assessment becomes due and payable. The claim shall be verified by the
person who paid the assessment, or his guardian, executor, or administrator. (OreL No. 1080,
Sec. 2, 11-18-91)
5509 GENERAL PENALTY AND CONTINUING VIOLATIONS
(a) Any person violating or f, iling to comply with any provision or mandatory require- ·
ment of this code shall be guilty of a rni.~lemeanor unless charged as an infract/on by the
enforcement officer.
..... - (b). Each person guilty of a misdemeanor or infraction shall be guilty of a separate offense
for ~ach and every day during any portion of which any violation 'of any provision of this Code
is committed, continued or permitted by such person and shall be punished accordingly.
(c) Any person who removes any notice Or order posted as required in this chapter, for the
purpose of interfering with the enforcement of the-provisions of this chapter, is guilty of a
misdemeanor unless charged as ar~ infraction by the enforcement officer.
(d) Any person who obstructs, impedes or interferes with any representative of a City
department or with any person who owns or holds an estate or interest in a building which has
been ordered to be vacated, repaired, rehabilitated, or demolished or with any person to whom
any such building has been lawfully sold pursuant to the provisions of this chapter when any
of the aforementioned individuals are lawfully engaged in proceedings involving the abat~
ment of a nuisance is guilty of a misdemeanor unless charged as an infraction by the enforce-
ment officer.
(e) The penalties and procedures provided in this chapter shall be cumulative and in
addition to any other procedure or procedures provided in this Code or by sta~e law for the
abexement of any of the conditions described herein, and abatement hereunder shall not
prejudice or affect any other action, c/vii or criminal, for the maintenance of any such condi-
tion. (Ord. No. 1080, Sec. 2, 11-18-91)
5510 SEVERABILITY
It is declared to be the intention of the City Council that the sections, paragraphs, sen-
tences, clauses and phrases of this chapter form interrelated regulations for dealing with the
problem of property maintenance and public nuisances within the city, but that such sections,
REX': 1-92 PS-5-12
TUSTIN CITY CODE PROPERTY MAINTEN~CE, ETC. 5510
paragraphs, sentences, clauses and phrases are distinct and severable and, in the event that
any sections, paragraphs, clauses and phrases are declared unconstitutional, invalid or unen-
forceable by any court of competent jurisdiction, such unconstitutionality, invalidity or unen-
forceability shah not affect any of the remaining sections, paragraphs, clauses or phrases of
this chapter. (Ord. No. 1080, Sec. 2, 11-18-91) -'
REV: 1-92 PS-5-13
Amended
SF_.NA~ BILL
AMENDED IN SENATE APRIL 28, i993
AMENDED IN SENATE APRIL 12, 1993
No. 583
Introduced by Senator Lewis
(Principal coauthor: Assembly Member Pringle) -
(Coauthor: Senator Kopp)
(Coauthors: Assembly Members Boland, Conroy, Farr, Ferguson, Harvey,
Hoge, Johnson, and Richter)
March 1, 1993
An act to amend Sections 640.5 and 640.6 of the Penal Code, IA > and
to amend Section 13202.6 of the Vehicle Code, < A] relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
SB 583, as amended, Lewis. Crimes: graffiti.
_ .
[D~ (1) <DJ Existing'law provideSlthat any person who writes,
sprays, scratches, or otherwise affixes graffiti on'or, in.. the facilities
or vehicles 'of governmental entities: as specifi'ed,,'.f0r which any of the
entities incur costs of less than $250 for cleanup, r...epair, or
replacement is guilty of an infractioni"punishable'by a fine not
exceeding $250 and by community service for a total time not to exceed
48 hours, as specified~ Existing law also provides that any person who
writes, sprays, scratches, or otherwise affixes graffiti on any real or
personal property not his or her own is guilty of an infraction,
punishable by a fine, as s. pecified, and by community service not to
exceed 48 hours for the first conviction and community service not to
exceed 96 hours for a 2nd or subsequent conviction.
ID > This bill would provide that whenever a minor is found to have
violated these provisions and when a motor vehicle Was used to commit
the offense, the minor shall be prohibited from being issued a driver's
license or permit until reaching the age of 18 years, or if the minor
has been issued a driver's license or permit, that license or permit
shall be surrendered immediately upon conviction and the minor shall be
ineligible for reissuance of a license or permit until he or she has
reached the age of 18 years. < D]
ID > (2) Existing < D]
[A > Existing < A] law provides that any community service required
pursuant to these provisions of a person under the age of 18 years may
be performed in the presence, and under the direct supervision, of the
person's parent or legal guardian.
[A > This bill, instead, would provide that the person under the age
of 18 years shall be an unemancipated person for this provision to
apply. <Al -
[A > Existing law authorizes, for each conviction of a person for
violations involving vandalism, as specified, by defacing property with
paint or any other liquid, committed while the person was 13 years of
age or older, the court to suspend the person's driving privilege for
one year or, if the person does not yet have the privilege to drive, to
delay, issuing the privilege to drive for one year, as specified.
Existing law also grants the person whose driving privilege is suspended
or delayed pursuant to this provision the election to reduce the period
of suspension or delay imposed by the court by performing community
service under the supervision of the probation department. < A]
This bill would ID ~ require the presence and direct supet~sion of
the .pe. rs0nys.parent or legal guardian. However, the bill also would
~speCify that a court, upon a finding of good cause, may, in lieu of this
requirement, order the parent or legal guardian to pay a.fme of up to
$1,000 <DJ IA > .provide, in addition, that for.-eaeh conviction of a
person for a violation of the above graffiti provisions..,, committed while
the person was 13 years of age or older, the court 'may prOvide for the
s~spension or delay of driving privileges pursuant to these provisions.
[A > Because this bill would increase the duties of the probation
department, it would impose a state-mandated local program. < A]
< A]
[A > The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement,
including the creation of a State Mandates Claims Fund to pay the costs
of mandates which do not exceed $1,000,000 statewide and other
procedures for claims whose statewide costs exceed $1,000,000. < A]
[A > This bill would provide that, if the Commission on State Mandates
determines that' this bill contains costs mandated by the state,
reimbursement for those cosu shall be made pursuant to those statutory
procedures a~nd, if the statewide cost does not exceed $1,000,000, shall
be made from the State Mandates Claims Fund < A].
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: ID > no < D] IA > yes < A].
The people of the State of California do enact as follows:
SECTION 1. Section 640.5 of the Penal Code is amended to read:
640.5. (a) Any person who writes, sprays, scratches, or otherwise
affixes graffiti on or in the facilities or vehicles of a governmental
entity, as defined by Section 811.2 of the Government Code, or on or in
the facilities or vehicles of a public transportation system as defined
by Section 99211 of the Public Utilities Code, or on or in the
· facilities of or vehicles operated by entities subsidized by, the
Department of Transportation, or on or in any leased or rented'
facilities or vehicles for which any of the above entities incur costs
of less than two hundred fifty dollars ($250) for cleanup, repair, or
replacement is guilty of an infraction punishable by a fine not to
exceed two hundred fifty dollars ($250) and by community service for a
total time not to exceed 48 hours over a period not to exceed 30 days,
during a time other than during his or her hours of school a~__endance or
employment. This subdivision does not preclude application of Section
594.
'Co) (I) LIP0. n conviction of any person under subdivision (a), the
cohrt;,in addition to any punishment imposed pursuant to subdivision
(a), at the victim's option, may order the defendant to. perform the
· necessary labor to clean up, repair, or rep~' the property damaged by
that person, but shall not order the person to pay f? any related costs
incurred by' the Cleanup, repair, or replacement 0'f the prOperty.
(2) If a minor is personally unable to pay any fine levied for
violating subdivision (a), the parent or legal guardian of the minor
shall be liable for payment of the fine. A court may waive payment of
the fine by the parent or legal guardian upon a finding of good cause.
ID > (c) WheneVer a minor is found to have violated subdivision (a)
and when a motor vehicle was used to commit the offense, the court may
do any of the following: < D]
[D > (I) If the minor has not been issued a California driver's license
or temporary permit by the Department of Motor Vehicles, the court may
forward to the Department of Motor Vehicles a report of the finding that
the minor has violated subdivision (a) and specifying that the minor
shall be ineligible for issuance of a license or permit until he or she
has reachedt the age of 18 years. < D]
[D > (2) If the minor has a California driver's license or temporary
permit issued by the Department of Motor Vehicles, the court in which
the finding is had may require the surrender of that person's driver's
license or temporary permit. If the court requires the surrender of that
person's driver's license or temporary permit, the court shall forward
the license or permit with a report of the finding that the minor has
violated subdivision (a) to the Department of Motor Vehicles. Upon
receiving a report of the finding, the department shall revoke the
driver's license or permit and the minor shall be ineligible for
reissuance of a license or permit until he or she has reached the age of
18 years. <D]
[D> (3)
driver of
specified
This subdivision shall apply ,,t~ether or not the minor was the
the motor vehicle during the commission of the offense
in subdivision (a). <DJ -
ID> (d) <D]
[A > (c) < A] Any fine levied for a violation of subdivision (a) shall
be credited by the county treasurer pursuant to Section 1463.29 to
governmental entity having jurisdiction over, or responsibility for, the
facility or vehicle involved, to be used for removal of the graffiti.
Before crediting these fines to the appropriate governmeatal entity, the
_county - may determine the administrath~: costs it has incurred pursuant
to this section, and retain an amount .equal to those costs.
Any community s~rvice which is requ. ired pursuant to subdivision (a)
of an unemancipated person under the zge of 18 yea~__ _ID> shall <DJ
IA > may < A] be performed in the presence, and ~nder the direct
· supervision, of the person's parent or [D > legal guardian. A court, upon
a finding of good. cause, may, in lieu of this requirement, order the
parent or legal guardian to pay a fine r~.~t exceeding one thousand
dollars ($1,000). <DJ
[D> (e) <DJ IA> legal guardian. <^]
IA > (d) < A] As used in this section, graffiti means any form of
unauthorized painting, writing, or insc~otion regardless of the content
or nature of the material used in the commission of the act.
SEC. 2. Section 640.6 of the Penal Code is amended to read:
640.6. (a) Except as provided in Se,:tion 640.5, any person who
writes, sprays, szmtches, or otherwise ~fixes graffiti on any real or
personal property not his or her own is guilt3' of an infraction
punishable by a fine not to exceed two 5undred fifty dollars ($250) if
the amount of the defacement, damage, or destruction is less than two
hundred fifty dollars ($250). This subdMsion does not preclude
application of Section 594.
Co) (1) Upon conviction of any person under subdivision.(a), the
court, in addition to any punishment imposed pursuant to subdivision
(a), may order the defendant to complete community service not to exceed
48 hours for the first conviction. Upon the second and subsequent
conviction, the court may order the defendant to complete community
service not to exceed 96 hours. A defendant shall be ordered to complete
community service during a time other than during his or her hours of
school attendance or employment.
(2) Upon conviction of any person under subdivision (a), the court,
in addition to any punishment imposed pursuant to subdivision (a), at
the victim's option, may order the defendant to perform the necessary
labor to clean up, repair, or replace the property damaged by that
person, but shall not order the person to pay for any related costs
incurred by the cleanup, repair, or replacement of the property.
(c) If a minor is personally unable to pay any fine levied for
violating subdivision (a), the parent or legal guardian of the minor
shall be liable for payment of the fine. A court, may waive payment of
the fine by the parent or legal guardian upon a finding of good cause.
. .
-:Any Community 'service which is required pursuant to Subdivision (b)
of an unemancipated person under the age of 18 years.. ID > shall < D]
IA > may < A] be performed in the pre~., ce, and'under the direct
supervision, of the person's parent ID > or legal g.....uardiam <DJ
[D > A court, upon a finding of good cause, may, in lieu of this
requirement, order the parent or legal guardian to pay a fine of UP to
one thousand dollars ($1,000). <DJ
[D > (d) Whenever a minor is found to have violated subdivision (a) and
when a motor vehicle was used to commit the offense,, the court may do
any of the following: < D]
[D > (1) If the minor has not been issued a California driver's license
or temporary permit by the Department. of Motor Vehicles, the court may
forward to the Department of Motor Vehicles. a report of the finding that
the minor has violated subdivision (a) and specifying that the minor
shall be ineligible for issuance of a license or permit until he or she
has reached the age of 18 years. < D]
[D > (2) If the minor has a California driver's license or temporary
permit issued by the Department of Motor Vehicles, the court in which
the finding is had may require the surrender of that person's driver's
license or temporary permit. If the court requires the surrender of that
person's driver's license or temporary permit, the court shall forward
the license or permit with a report of the finding that the minor has
violated subdivision (a) to the Department of Motor Vehicles. Upon
receiving a report of the finding, the department shall revoke the
driver's license or permit and the minor shall be ineligible for
reissuance of a license or permit until he or she has reached the age of
18 years. <DJ
ITl > (3) This subdivision shall apply whether or not the minor was the
driver of the motor vehicle during the commission of the offense
specified in subdivision (a). < D]
ID > (e) <DJ IA > or legal guardian. <Al
[A > (d) < A] As used in this section, graffiti means any form of
unauthori.zed painting, writing, or inscription regardless of the content
or nature of the material used in the commission of the act.
IA > SEC. 3.
Section 13202.6 of the Vehicle Code is amended to read: < A]
13202.6. (a) (1) For each conviction of a person for any offense
· specified in subdivision (d),- committed while the person was 13 years of
age or older, the court may suspend the person's driving privilege for
one year. If the person convicted does not yet have the privilege to
drive, the court may order the department to-delaY, issuing the privilege
to drive for one year subsequent to the fl.,me the pers0..n, becomes legally
eligible to drive. However, if there is no further co~viction' for any
offense specified in subdivision (d) in a 12-month period after the
conviction, the court, upon petfion of the person affected, may modify
the order imposing the delay of the privilege. For each successive
offense, the court shall suspend the person's driving privilege for '
those possessing a license or delay the eligibility for those not in
possession of a license at the time of their conviction for one
additional year.
(2) Any person whose driving privilege is suspended or delayed for
an act involving vandalism in violation'6f Section--594 IA > , 640.5, or
640.6 <Al of the Penal Code, may elect to reduce the period of
suspension or delay imposed by the court by performing community service
under the supervision of the probation department. The period of
suspension or delay ordered under paragraph (I) shall be reduced at the
rate of one day for each hour of community [D > servce < D] IA > service <Al
performed. For purposes of this paragraph, %ommunity service~ means
cleaning up graffiti from any public property, including public transit
vehicles..
(3) As used in this section, the term ~conviction' includes the
findings in juvenile proceedings specified in Section 13105.
(b) (1) Whenever the court, suspends driving pfivil~es pursuant to
subdivision (a), the court in which the conviction is hM shall require
all drivers' licenses held by the person to be surrendered to the court.
The court shall, within 10 days following the conviction, transmit a
certified abstract-of the conviction, together with any drivers'
licenses surrendered, to the department.
(2) Violations of restrictions imposed pursuant to fi.ds section are
subject to Section 14603.
(c) When the court is considering suspending or delaying driving
privileges pursuant tO subdivision (a), the court shall consider if a
personal or family hardship exists that requires the permn to have a
driver's license for his or her own, or a member of his or her family's,'
employment or medically related purposes.
(d) This section applies to violations involving vandalism in
violation of Section 594 of' the Penal Code by defacing property with
paint or any other liquid IA > , and to any violation of Section 640.5 or
640,6'of'the Penal Code <'Al':.
(e) The suspension, restriction, or delay. Of driving ~rivileges
pursuant to this .section shall be in addition:to any penalty imposed
upon conviction of any violation specified in kubdi~-iSion (d).
[A > SEC. 4. Notwithstanding Section 17610 of the Government Code,
if the Commission on State Mandates determines that ~-;s act contains
costs mandated by the state, reimbursement to local agencies and school
districts for those costs shall be made pursuant to Part - (commencing
with Section 17500) of Division 4 of Title 2 of the Government Code. If
the statewide cost of the claim for reimbursement does not exceed one
million dollars ($1,000,000), reimbursement shall be made from the State
Mandates Claims Fund. Notwithstanding Section 17580 of the .Government
Code, unless otherwise specified in this act, the provisions of this act
shall become operative on the same date that the act takes effect
pursuant to the California Constitution. < A]
CZTY OF TUST:[N
~0 CENTENN]'AL WAY
JST]'N~ CA 92680
CITY OF TUSTIN
0 CENTENNIAL WAY
JSTIN, CA 92680
0
-
. ,'
GENDA. _.
NO. 25
5-16-~~.
DATE:
1994
Inter-Com
TO:
~-FROM:
-
.
. ~~...~ :~-.:.-~.' ...... '-.-....
·
::"9:-
HONORABLE MAYOR AND CITY COUNCIL
CITY ATTORNEY
TERM LIMITS
RECOMMENDATION:
Pleasure of City Council.
FISCAL IMPACT:
No immediate impacts.
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BACKGROUND:
--TWO of'the, twenty-two general law cities in orange County, La
palma-and Villa. Park',-'have term limit ordinances. Both were
enacted-by a vote of the electorate · A number of the nine charter
cities in Orange County have term'~ limit charter provisions or
ordinances permitted by their charter.
The La Palma ordinance was enacted by the initiative process
in 1982 and was struck down by the Courts aS impermissible for a
general law city. The Villa Park ordinance, adopted in 1978, also
by the voters, not the City Council, is still on the books but has
not been enforced since the courts ruled on the'La.Palma case.
The ordinance submitted herewith provides that'a person cannot
serve more than two (2) consecutive terms. It defines a "term" as
a period served which exceeds two (2) years. The ordinance also
provides that a person who has served two (2) consecutive terms
could serve again as a City Council member if there is a four-year
interim betWeen terms. The ordinances and charter provisions we
reviewed varied on these issues. Some do not allow anyone to serve
more than two terms of .any .length, others provide that not more
than two terms of at least two years or more may not be served and
some provide that not more than eight years may be served. Some
provide for an interim period after which new terms or set of terms
can be served, some did not
provide for no more than two
JOR:DAD:n~h:~:R:~09940C~2 .m~h)
Enclosure
cc: William Huston
address the issuez and sti. ll others
(2) terms u~ ~y sq~narlo
City Attorney
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· CITIES OF ORANGE COUN~
CATEGORY
CITY POPULATION
CHARTER I GENERALLAW
SANTA ANA 305,000 X
ANAHEIM 280,000 X
HUNTINGTON BEACH 185,000 X
GARDEN GROVE 148,000 X
FULLERTON 118,000 X
IRVINE 115,000 X
ORANGE 115,000 X
MISSION VIEJO 100,000 X
COSTA MESA 98,000 X
,
LAKE FOREST 83,000 X
,
WESTMINSTER 80,000 X
.. .
LAGUNA NIGUEL 71,000 X
mZK 70,000 x
,,,
·
NEWPORT BEACH
68,000 ~. X
TUSTIN 55,000 ..' X
,
YORBA LINDA 55,000 X
FOUNTAIN VALLEY 53,000 X
DANA POINT 52,000 X
LA HABRA 52,000 X
CYPRESS 44,000 X
SAN CLEMENTE 43,000 X
PLACENTIA 42,000 X
LAGUNA HILLS 33,000 X
BREA 33,000 X
STANTON 31,000 X
SAN JUAN CAPISTRANO 27,000 X
SEAL BEACH 25,000 X
LAGUNA BEACH 24,000 X
LA PALMA 16,000 X
LOS ALAMITOS 12,000 X
VILLA PARK 6,000 X
, ,
,
Charter Cities:
General Law Cities:
Total:
9
22
31
JOR:j~b:R1:050494(A407.i~b)
ORDINANCE NO. 1126
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, LIHITING CONSECUTIVE
TERMS OF HEMBERS OF THE CITY COUNCIL
The City Council of the City of Tustin'hereby ordains as
follows:
Section 1: Section 1307 of Chapter 3 of Article I of the
Tustin Municipal Code is hereby added to read as follows:
"1307 Limitation on Consecutive Terms of
Members of the Council
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No person shall serve as a member of the
City Council for more than two (2) consecutive
terms. .For purposes of this Section, a term
shall be any period served as a member of the
City CounCil, either by way of appointment or
election, which exceeds two (2) years. Any
member of the City CoUncil who has served two
(2) consecutive terms shal!.not be eligible to
serve on the City Council for at least four
(4) years from the last date of the second
consecutive term.
This Ordinance shall not operate to
shorten any current term of members of the
City Council presently in office."
PASSED AND ADOPTED at a regular meeting of the City Council
held on this day of , 1994.
THOMAS J. SALTARELLI, Mayor
ATTEST:
MARY E. WYNN, City Clerk
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