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14 RPT ON GRAFFITI 03-21-94
NO. 14 3-21-94 Int e r_ C o m ATE: MARCH 21, 1994 TO: FROM' SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT 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 iirection 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 reporn to Council~ BACKGROUND Tustin Pride is an Ad-Hoc Advisory Comr_.ittee 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 graffiti and tagging in the community. Sub-committee memberskip 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 Co~.-rn_~ittee 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 circulaned 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 programs in the region and twenty (20) recommendations for the City Council's consideration. ~a West~iel~ ' Assistant Director Community Development Department Christine A. S~ngleton Assistant City' Manager RW: kbc \graf sub. rw AI-I-ACHMENT 1 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 ilil ~ith reco~ndati~~?ii!iiii i i! TUSTIN PRIDE March 21, 1994 TABLE OF CONTENTS i. EXECUTIVE SUMMARY I. INTRODUCTION II. OVERVIEW OF GRAFFITI PROBLEM 4 III. REVIEW OF TUSTIN'S APPROACH TO GRAFFITI IV. REVIEW OF OTHER CITIES' APPROACHES 12 V. IDEAS/RECOMMENDATIONS 17 VI. SIGNATURE PAGE 26 APPENDICES: QUESTIONNAIRE GRAFFITI REMOVAL ON PRIVATE PROPERTY RESOLUTION NO. 93-62 ORDINANCE NO. 1079 TUSTIN CITY CODE SECTION 5700 ORDINANCE NO. 1080 TUSTIN CITY CODE SECTION 55_00 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 repo...--t 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 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 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 ii 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 public 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 graffiti 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 file 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 vandals, thereby putting pressure on accused vandals to settle civil claims out of court in return 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 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 pro.ams to include formal graffiti training, training of citizens for graffiti patrols, and systemization of cost recovery from.accused graffiti vandals. Recommendations It is Tustin 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 2~ 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 $41X) 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 . 5. . 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 Recovery 7. Based on program in Moreno Valley, create a system for cost recovery after a graffiti vandal has been apprehended. 8. 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 tagging. 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 vii Report on Graffiti Tustin Pride 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 cities are doing to meet this challenge, and report back to the City 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 City 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 Leslie Anne Pontious. Nan Lunn. Terri Knoll-Binaei and Ken Royal. The report was then presented to the Graffiti Sub- committee for approval, and then to Tustin Pride for approval. Tustin Pride 3 Report on Graffiti 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/ustin 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 spe. cifically 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 youth" 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 causes are not going to disappear. Even if Tustin were to somehow meet the emotional needs of everx- 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 way of teenagers 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 Graffiti .. · -: . :........::.::. ::::::::::::::::::::::::::::: .:.:..:...::.::. :: :: :.:.:-:.: :.:.:. :.: :.: :.:: :: :::::::::::::::::::::::::::::::::: ::::: :::::::: : :. ::: :.:.:: ; :.:.:.:-:..: :.:: :.:.:.:.:.: :..: ::::::::::::::::::::::::::::::::::: :::::: ::.::.: :.: : :. !. · i::' ': !% :.! ' .. !! '": .~1:' .:i:i:i:;:i:i:!:i:!:;:E:i:i:i:i:i:i:i:!:i:i:i:i: APPRO~~ ~ ~i : · :: ~:::: ~ :.:.:.:.: :.:.:.:: :.:-:.:-:.: :..:.:.: ::::::::::::::::::::::::::: :.:.:,:.::: :.: ::::: :,..:: :.:.: ': :::-: ' .:-7:-:-:-x-_--x-:.:-:.:. :.:.:.:.:.:.:-:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:':.:.:.:.:.:.:.:.:.:.:.:.:.:.:.X.:.:.:.:.:.:.:. 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 their 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. The Property Maintenance Ordinance allowed for the creation 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 could 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 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 rum 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 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 Department 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 to 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 penalty, such as having 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 hotlines, rewards and removal services. While these facets may be important to their overall approach, only more distinctive tactics are highlighted in this report. The City of Tustin is unique. We should not blindly duplicate another city's approach, as our city has its own challenges and characteristics. budgets and populations, a greater graffiti problem, These cities may have larger 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 City -- 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 Ciw 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 formed 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 ci~, has.formed an umbrella organization, called the Empowerment 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, called 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 Irvine police 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 filed 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 Department, individuals °r 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 -- All stores that sell spray paint or markers are canvassed by the CMc Leadership 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 Cit)' 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 graffiti problem. The following is a list of ideas that 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. Recommendation: 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. o 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, tb facilitate street maintenance. . Recommendation: 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 cleaning signs to be routinely posted and vehicles towed, in all but single-family residential areas, to facilitate street maintenance. Previously, half of a street's property owners could prevent a city street from being cleaned. Increase the reward from $250 to a higher amount. 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. o 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 businesses 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 o 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 Explanation: 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 graffiti 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. Recommendation: Favor Explanation: The Tustin Police is planning a ten-week law enforcement course called the Citizen Police Academy. Graffiti should be a significant part of that formal curriculum. Cost Recovery. 9, Similar to the program in Moreno Valley, create a system for cost recovery by using small claims court. Recommendation: Favor Explanation: 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 probation, when this opportunity does not exist there should be a system for tbrwarding the neceSsary information to the Community Development Department so that a small claims action can be filed. Even if a graffiti vandal is not prosecuted ina criminal case, a civil action can be successful because the roles 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 11. Distribute the "Stop Graffiti" brochure (See Appendix). Recommendation: Favor Explanation: The Graffiti Sub-committee 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: Afte/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 begins to overwhelm the resources of the city, paint-outs will largely be counter-productive "feel good" efforts. Education/Publicity 14. 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. 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. 17. As part of the Tustin Police Department's youth programs, create a formal Graffiti presentation for elementary sch°ol children. Recommendation: Favor Explanation: While the police d° 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 ri~ts. 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 Diversion 19. Create a Diversion Program for apprehended taggers, whereby in lieu conviction they would agree to counseling, community service and restitution. of Recommendation: Favor, with further development as part of the TAFFY applica- tion Explanation: A diversion program was implemented 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. Recently, 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 customized program. Tustin would pay a part-time counselor (20 hours per week to handle 40 cases per month) at a cost of $600-$750 per month. The counselor would work out of Tustin (space and expenses to be paid by the City). Each offender could be charged a fee of $200 to offset the cost of the program. The counselor would oversee the tagger's community service and restitution payments, as well as provide counseling services for the minor, and refer the family for additional counseling, if deemed necessary. While we doubt that the program would be self-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 Healthy Start application, which it is now developing with a grant 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 Kenneth Tustin Pride Chairman/ Graffiti Sub-committee Chairman Date Lou Bone, Tustin Pride Vice Chairman Date Aileen Brand, Tustin Pride Secretary Date Don Biery, Tustin Pride Date Erin Niels~m~' (_ Tustin Pride Irmnediate Past Chairman Date 27 Report on Graffiti Tustin Pride I Tustin Pride 26 Report on Graffiti ............................ .-...-..v..............-...................................~v~................................ :::::::::::::::::::::::::::::::::::::::::::::::~::::::::::::~::::::::::::::::::::::~:~:~~:~:~:~:::::~:~:::~~~~:~:~::~::~:~:~:~:::~::~::::~::~::::::~:::::::~:~:::~::::::::::::::::::::::::::::::::::::::::::::::::: GRAIqqTI TASK FORCE a Tustin l~ide sub-committee QUESTIONNAIRE Our first meeting produced many .sTecific project ideas that people wanted to see the task force accomplish. Although taking on every projecx woaId 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 ideas presented at the inaugural meeting. Please rank them from 1 to 10 (10 being best) in order of priority for the Graffiti Task Force to take on as a project. Bring your questionnaire to the June 8th meeting. BLOCK COMMITTEES - TO BE RESPONSIBLE FOR CLEAN UP OF A SPECIFIC RESIDENTIAL AREA OF THE CITY ~ ADOPT A PUBLIC - TO BE RESPONSIBLE FOR CLEAN-UP OF A SPECIFIC PUBLIC AREA COMMUNITY PAINT OUTS -- MOBILIZE CITIZENS AND VOLUNTEER ORGANIZATIONS ONCE PER MONTH TO CLEAN UP A GIVEN SITE CONTEST - REWARD NEIGHBORHOOD IF AREA STAYS GRAFFITI FREE ART DISPLAY - FOR YOUTHS V-HO DO NOT TAG YOUTH PROGRAMS - EXPAND AFTER SCHOOL AND SUMMER PROGRAMS .. ROOT SOCIAL CONCERNS - CREATE PROGRAMS THAT ADDRESS CULTURAL CAUSES OF TAGGING LOBBY GOVERNMENT TO INCREASE PUNISHMENT FOR TAGGING LOBBY GOVERNMENT TO INCREASE PARENTAL RESPONSIBILrrY LOBBY CITY COUNCIL FOR MORE MONEY TO FIGHT THE PROBLEM OTHER IDEAS Feel free to copy this questionnaire and give it to a neighbor who will be at the meeting. If you cannot attend the meeting, you may mail your questionnaire to the City of Tustin, Attention Rita Westfield. GRAFFITI TASK FORCE a Tustin Pride sub-committee QUESTIONNAIRE 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 the 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 CLEAN UP A GIVEN SITE 7 CONTEST - REWARD NEIGHBORHOOD IF AREA STAYS GRAFFm FREE 5 ART DISPLAY -- FOR YOUTHS 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 O ~n'rIER IDEAS Graffi~ Removal .on Private Property GRANT. YEAR FY 1991-92 FY 1992-93 FY 199)-94 TOTAL FUNDING AMOUNT $20,000 25,000 35.000 $80,000 DR%W-. DOWN $20,000.00 2~ 000. O0 552.50 $45,552.50 $o.oo o.oo 34,447.5.0 $34,447.50 year 1991 1992 1993 1994 Tot&l Month __ October November December January February March April May June July August September October November December January February March April May June July August September October November December 28 Months ~ of Response~ 7 17 21 10 24 63 19 6 12 1 "20 52 26 47 15 36 46 27 36 41 40 18 13 18 13 32 674 ~Ota] Comt tn 305.00 830.00 1,135.00 775.00 2 , 675.00 3,772.50 1,120.00 481.00 560.00 4O.00 170.00 1,090.00 2,945.00 2,639.00 3,850.00 1,655.00 2,215.00 2,405.00 1,680.00 2,045.00 2,085.O0 3,005.00 1,110.O0 805.00 1,595.00 805.00 2,269.00 1~49~,00 $45,552.50 DO:c~o\grt 1 2 3 4 5 6 7 8 9 10 11 13 ld 15 1G 17 18 20 21 22 23 24 25 27 28 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 Tustin, California, DOES HEREBY RESOLVE as follows: WHEREAS, the City of Tustin requested the formation of a Graffiti Sub-Committee to address the growing problem of graffiti and tagging in the community. WHEREAS, The Graffiti Sub-Committee has reviewed Senate Bill (SB) 583 sponsored by Senator Lewis and has requested the City Council formally support the proposed legislation. WHEREAS, Graffiti and tagging 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 license until age 18; and require 40 hours of community service for a first graffiti offense and 80 hours of community service for a subsequent offenses; and require parent or guardian involvement in the minors community service work or be required to pay a $1,000 fine. NOW THEREFORE, the City Council of the City of Tustin hereby resolves as follows: · The City of Tustin City Council shares the concern of the Graffiti Sub-Committee regarding this matter and supports Senate Bill 583 and stronger legislation to curb and deter the spread of graffiti. · The City of Tustin City Council directs this Resolution to be forwarded to Senator John Lewis and all members of the Public Safety Committee. PASSED and ADOPTED by the City Council of Tustin this 21st day of June, 1993 JIM POTTS Mayor MARY E. WYNN City Clerk 1 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 ~0 ~.1 ~3 ~4 ~6 ~7 ~8 ORDINAlqCE 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 tc the Tustin City Code to .read as follows: C~tAPTER 7 GRAFFITI/SPRAY PAINT PROGRAM 5700 PURPOSE AND FINDINGS The purpose 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 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 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 pursuan~ 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 cr 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). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1079 Page 3 5702 SALE OF SPRAY PAINT A. 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 of this Section in such place of business in letters at least 3/8 of an inch high. 5703 POSSESSION OF SPRAY PAINT - PROHIBITION IN PUBLIC PLACES, PARKS AND BUILDINGS 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. 2 Ordinance No. 1079 Page 4 3 4 5 6 7 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 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 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 occupant requiring removal of the graffiti within a period o~ not less than seven (7) calendar days and such time period has elapsed without remedial action. 5707 GRAFFITI REMOVAL Notwithstanding anY other provisions of the Tustin City Code, when the Director of Public Works or Director of Community Development 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 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 ~ne 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 identiuy of, and the apprehension of, any person who willfully cr maliciously 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1079 Page 5 paints, mars or defaces any ~ublic 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 ky 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 provisions of this section. 5710 SEVERABILIT¥ It is declared to be 5he intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Chapter form an interrelated program for dealing with the proble~ 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 i~ to be posted in at least three public places within ~e City. 1 3 4 5 6 7 8 9 !0 11 12 13 14 15 16 17 18 19 ~0 ~3 ~4 ~5 ~6 ~8 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. ~~~ CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) CHARLES E. PUCKETT MAYOR CERTIFICATION FOR ORDINANCE 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 of Tustinis five; that the above and foregoing Ordinance 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, EdEar, Potcs, Prescott 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 elimination-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 blightL;g 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 prohibition of the placement cf graffiti On structures located either on public or private property; and (3) Government Code Section 53069.3 authorizes a city to enact ordinances to p~vide for the U~e 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 insti- tuted allowing for the use of City funds to remove .graffiti from structures cn 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. (Ord. No. 1079, Sec. 1, 11-18-9!) 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 re, a motor vehicle operatdr's license, a registration ~ertificate issued under the Federal Selective Service Act, a passport, or an identification card issued to a member of the armed for~s which identifies an individu~ and provides proof of the age of such individual. "Capable of defacing property" means any substa~nce, 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" meang the unauthorized inscribing, spraying of paint, or making symbols using paint, spray paint, ink, chalk, dye or similar materials on public or private structu~s, build- ings or.places. REV: 1-92 PS-7-3 TUSTIN CITY CODE GRAFFITI/SPRAY PAINT PROGt:L~ 5701 "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 ora gang or includes words or symbols associated with a-gang or individual; (3) Insults or threatens any identifiable individual or group; (4) Includes obscene or indecent language or depictions; (5) Gonstitutes an aesthetic blight or eyesore to a neighborhood; (6) Tends to attract more graffiti; -.. (7) Promotes cximinal activity or promotes retaliatory action by an individual(s). (Ord. .. No. 1079, Sec. 1, 11-18-91) 5702 SALE OF SPRAY PAINT a Sale to Minors Prohibited No person shall 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 proper~y. 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 conspicuousIy post a copy of sUbsec- tion a of this section in such place of business in letters at least tippee-eighths of-an inch high. (Ord. No. 1079, Sec. 1, 11-18-91) 5703 POSSE~ION OF SPRAY PAINT--PROHIBITION IN PUBLIC PLACES, PARKS AND BUILDINGS No person ~hali have in his or her possession any aerosol con~ner of spray paint capable of defacing property while in m~y public parl% playground, swimming pool, or recreation facility, public building or other public place, other than a high~y, 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-7-4 TUSTIN CITY CODE GRAFFITI/SPRAY PAINT PROGRAM 57O4 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. (Ord. No. 1079, Sec_ 1, 11-18-91) 5705 GRAFFITI PROHIBITED No person shall willfully or maliciously use any liquid substance, spray paint, chalk, dye, or o~er similar substance to paint, mar or deface any public or privately owned stru~+ures located on public or privately owned real property ~ithin the City, whether such prope~y 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,' 11-1S-91) 5707 GRAFFITI REMOVAL Notwithstanding any other provisions of the Tustin City Code, when the Director of Public Works or Director of Community Development determines that graffiti or other inscribed material constitutes obnoxious graffiti and by virtue of its location on public or private pro? erty is in view of a person utili~.ing 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~FITI 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 Ieading to the determination of the identity of, 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 .~ub~ic property within the City. The exact amount of any reward to be paid by the City shall be determined by the C~:y CounciI. after receipt of a report from the City Manager indicating that informat]en 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 oflqcer, 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 ~ny reward to the City. Failure to pay any 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 1 2 3 5 6 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1080 Alq ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING ARTICLE 5, CHAPTER 5, OF THE TUSTIN CITY CODE IN ITS ENTIRETY RELATING TO TH~ ESTABLISHMENT OF MINIMUM PROPERTY MAINTENANCE STANDARDS The City Council of the City of Tustin hereby ordains as follows: Section 1: 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 bythe I- .5, Newport, Walnut', Ed~nger,.McFadd~n, .and Red Hill,..which 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 ra~e (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; 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 'properties; NOW, THEREFORE, the City Council proposes to add comprehensive revisions to Article 5, Chapter 5 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 entirety to read as follows:. PROPERTY MAINTENANCE AND NUISANCE ~B~T EHENT REaUL~T~ON$ STAND~.D$ · 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. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ~eighborhoods. (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 depreciated. (f) The abatement of such conditions will improve the general welfare and image of the City. 5501 DEFINITIONS.. F~r the pu~poses'of this'chapter, t~'f~llowing'~ords and" phrases shall have the meaning ascribed 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; 1 2 3 4 5 6 7 8 9 10 12 13 14 15 .' 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1080 Page 4 (8) The nature of the area and location of the item. "Abate" means to repair, replace, remove, destroy 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 inability to appreciate the peril therein, 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 equipment, parts or contents have been removed or stripped and the outward appearance verifies 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 viotationS~ -. '..- i '-~. '' "-. -: .... . . "Graffiti" means 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, places or other surfaces. "Inoperative" means incapable 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 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. 1 2 3 4 5 6 7 8 9 10 12 13 14 15 17 18 19 2O 21 '22 23 24 25 26 27 28 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 it is hereby declared to be a public nuisance for any ' property owner or other person in control of saidproperty 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 automobiles, trucks, trailers, boats, appliances, water heaters, refrigerators, furniture, fixtures, misce 1 laneous machinery and equipments, cans or containers standing or stored on property or on adjacent .- parkway sidewalks or.streets which can. be.-view~ .frgm a pdbli~ highway~ walkway, or from private or 'publfc property, 'or which items are readily accessible 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 detrimental to health as determined by an appropriate city official; (c) Any alteration of land, the topography or configuration of which in any m~n-made state, whether as a result of grading operations, excavations, fill or other alteration, interferes with the established drainage pattern over the property or from adjoining or other property which doe~ or may result in erosion, subsidence or surface water drainag~ problems of such magnitude as to be injurious tc 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 ~aste in such a manner to consist a health or fire hazard or degrade the appearance of or detract from the aesthetic and property values of neighboring properties; 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Ordinance No. 1080 Page 6 (e) Lumber (excluding stacked firewood not visible from a public street, alley or adjoining property for use 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. right-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, p0o!, pond, spa or other body of water or excavation which is abandoned, unattended, or unfiltered; (h) Trailers not wishin established mobilebome parks, dumpsters or similar vehicles or equipment used for sleeping purposes; -.. ..-.(..i) Accumulations. gf....asphal, t-,. con. crete., p. las. ter., tile, .rocks~ bricks, building materials and fil'l dirt r'esulting from excavations on or off the property; (j) Use of- a parked or stored vehicle,~ boat, 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 fcrth as follows: (1) Landscaping. Ail landscaping shall be maintained in a healthy condition free of dead, decayed, overgrown or discarded plant manerial; (2) Landscape IrriGation. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order $ 6 7 8 9 10 11 12 13 14 15 17 18 19 ~_0 21 22 23 24 25 28 Drdinance No. 1080 Page 7 so as to cover all landscaped areas; (3) Walls, Fences and Other Structures. Ail walls, 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; (4) 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 ruined, appearance. (6)..Trash and D~b~is. The..~roperty-"shall-be .maintained fre~ of the"~ccumulat.ion of trash-and debris. Trash and debris associated with permitted 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'other 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1080 Page 8 (b) Written Notice 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 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: (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 officer has determined that a .public nuisance is being .':-. maintained, on,the prope-~ty.-~ith a.brief,desc~iptiQ~ of the conditions' which render .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 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 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1080 Page 9 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 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 served shall not invalidate any proceedings hereunder as to any 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 .receive ~Ch'notice-shalt not'affect She.validity.of any.- proceedings t~en"under this arti'~le.-Proof of Servic~ of the notice 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 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 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. Uoon 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 1 3 4 5 6 7 8 9 10 11 12 13 14 15 o 16 17 ~18 19 21 23 '24 25 ~6 27 28 Ordinance I~c. 1080 Page 10 or oermetuate a situation imminently dangerous to life or prcper~y. 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 lando%~er, 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, should fail to appear at said hearing,. then su'~h evidence available to-the-enforcement.. 'officer shall'be ~uff~ient evidence of the existen6e'of facts in support of said conclusion. (f) Re~de_=~ 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 5504 of this chapter. If no appeal is fi2ed within the time prescribed, the action of the enforcement officer shall be final. 5504 APPEALS (a) Appeal of Enforcement officer Decision An'.' person entitled who is dissatisfied with a public nuisance determination of the enforcement officer shall have 5he riqht to appeal to the Planning Commission wi%hi- seven (7) days from the date of mailing of the de.is:on of the enforcement officer. Such appeal shall be in writing and filed with the Community Development De~arnment, together with a filing fee in an amount as . ma'.' be prescribed by the City Council by resolution. The - no%ice of appeal shall specify: 1 3 4 5 6 7 8 10 11 13 14 15 . . .. 16 17 18 19 20 21 22 23 24 25 26 27 28 ordinance No. 1080 Page 11 The legal description and street address of the · property; 2. The determination being appealed; o The owner's or appealing party's legal interest in the property; . A sta{ement 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 upon regular meeting of the Planning Commission scheduled to be held not less than thirty (30) days after said appeal is received. The.'-Commun~tY-. De~topm'ent Department shall- provide written notice of the-appeal, including the'time, 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 and 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 Commission 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 '. 17 18 19 20 21 22 23 24 25 27 28 Ordinance No. 1080 Page 12 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 writing 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 timel 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 rgversing, modifying and/or remanding of the decision of the Planning Commission ..within.'~'thirty ~30) 'days af. te~..the. ~ilin~ of--.appeal~- -. thereon, ~he Planning.'Cbmmission'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 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 1 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 specified 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 contractor retained pursuant to the provisions of this Code. (c) The enforcement 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 recovered in the same-manner, that abatement costs are recovered pursuant:to this chapterl' 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 resoiution shall be paid by the landowner.-- 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 abatement. Such personnel or persons shall submit an itemized written report showing such costs to the Community 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 1 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 28 Ordinance No. 1080 Page 14 (c) (d) (e) (f) 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 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 time 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 shall then confirm the report by motion or resolution. Pursuant to appropriate sections of 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 assessment is made and confirmed, it shall be a lien on the property. . 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 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. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 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 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 addition to any other procedure or procedures provided in this Code or by state law for the abatement of any of the conditions described herein, and abatement hereunder shall not prejudice or affect any other action, civil or criminal, for the maintenance of any such condition. 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 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 23 24 25 ordinance No. 1080 Page 16 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. PASSED and ADOPTED at a regular meeting of the~stin City Council held on the 18th day of Nove~e~~~_~ ~ ~ CHARLES E. PUCKETT Mayor MARY', ~it~ Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) -CITY OF TUSTIN ss. CERTIFICATION FOR ORDINANCE NO. 1080 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 of Tustin is 5; that the above and foregoin~ 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 r~ading, passed and adopted at a regular meeting of the City Council held on the 18th day of November, 1991, by the following vote: COUNCILMEMBER AYES: Puckett, Pontious, Edgar, Potts, Prescott COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None O0: nm\ 1080. ord TUSTIN CITY CODE PROPERTY MAINTENANCE, ETC. 5500 CHAPTER 5 PROPERTY MAINTENANCE AND NUISANCE ABATEMENT REGULATIONS AND STANDARDS 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 tmds 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. (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 depreciated. (f) The abatement of such conditions will improve the general welfare and image of the City. (Ord. No. 1080, Sec. 2, 11-18-91) 5501 DEFINITIONS For the purposes of this chapter, the following words and phrases shall have the meaning ascribed 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; ?,EV: 1-92 PS-5-3 TUSTIN CITY CODE PROPERTY MAINTENANCE, ETC. 5501(2) (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; (8) The nature of the area and location of the item. "Abate" means to repair, replace, remove, destroy 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" shal~ mean any condition, instrument or machine which is unsafe and unprotected and thereby dangerous to young children by reason of their inability to appreciate the peril therein, 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 equipment, parts, or contents have been removed or stripped and the outward appearance verifies 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 inscribing, spraying of paint, or making of symbols using paint, spray paint, ink, chalk, dye 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, corporation, 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 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 estate, 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 "Wrecked" means that 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 MAINTENANCE NUISANCES It 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 ex~-t: (a) Any abandoned, dismantled, wrecked, inoperable, discarded objects or equipment such as, but not limited to automobiles, trucks, trailers, beats, appliances, water heaters, refrigerators, furniture, f'Lxtures, 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 ite_~s are readily accessible 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 detrimental to health as de~ermined 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, 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 petroleuTM products, noxious chemicals, pesticides, or any gaseous, liquid or solid waste in such a manner [as] to consist [constitute] a health or fire hazard or degrade the appearance of or detract from the aesthetic and property values of neighboring properties; (e) Lumber (excluding stacked .firewood not visible from a public street, alley or adjoining property for use on the pro?erty 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, tlr. cans and bottles), or packing boxes or other debris stored on premises in excess of se~'enty-tw~ (72) hours; (f), Any performance of work cn motor vehicles, vehicle engines or parts, or household fLxtures, on a public righ~-~:f-woy or performance of sach work in yard areas of resi- dential properties so as to be_ visible from a public right-of-way or neighboring prop- erties other than emergenq~ repairs or minor maintenance being performed by the owner of the vehicle or f'~x~ure; (g) Any swimming pool, pond. wa or other body of water or excavation which is aban- doned, unattended, or unfll:ered: REV: 1-92 PS-5-5 TUSTIN CITY CODE 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, rocks, 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 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; ~) (m) 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. Property f~illng to meet minimum levels of maintenance and care as set forth as follows: (1) Landscaping. All landscaping shall be maintained in a healthy condition free of dead, decayed, overgrown or discarded plant material; (2) Landscape irrigation. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas; (3) Walls, fences and other structures. All well.% 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) result in a dilapidated, decaying, disfigured, partially ruined, appearance; (4) Parking and related surfaces. Parking surfaces and pedestrian walkw~ 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 raked areas; (5) Building elevations and roofs. Exterior building surfaces and roofs shaJ2V be main- tained free of significant surface cracks, missing materials, warping, dryrot or blocks, which either (i) threaten structural integrity, or (ii) result in a di!apidated, decaying, disfigured, partially ruined, appearance. (6) Trash and debris. The property shall be maintained free of the accumulation of trash and debris. Trash and debris associated with permitted uses are to be stored solely in designated trash enclosures. AnY violagion 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 inspected 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 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 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.. (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 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 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 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,rest or record title in the property may request consideration of the notice and order or any action vi" 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 o£ REV: 1-92 PS-5-7 - TUSTIN CITY CODE PROPERTY MAINTENANCE, ETC. 5503c 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 thd 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 served shall not invalidate any proceedings hereunder as to any other person duly served. Service by moji in the manner herein provided shall be effective on the date of mailing. 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 notice and order shall be documented at the time of 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 i'de in the Office of the County Recorder a cerlfi/icate legally describing 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 a~d the abatement costs have been paid. d Extension of Time to Perform Work Upon receipt of a written request from any person 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 or perpet- uate a situation imminently dangerous to life or'p~operty. 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 thc lando~,~er, he or she shall advise such person in writff~g 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 shall be sufficient evidence of the existence 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 cf the enforce- ment officer shall be final (Ord. No. 1080, Sec_ 2, 11-18-91) 5504 APPEALS a Appeal of Enforcement Officer Decision Any person entitled who is dissatisfied with a public nuisance determination of the en- forcement officer shall have the right to appeal to the Planning Commission ~i~.hin seven (7) days from the date of msillng of the decision of the enforcement officer. Such ap. peal shall be in writing and Fled with the Community Development Department, together ~-ith a filing fee in an amount as may. be prescraq~l by the City Council by resolution. The notice cf appeal shall specify: (1) (2) (3) (4) (5) The legal description and street address of the property; The determination being appealed; The owner's or appezling party's legal interest in the property; A statement of disputed and undisputed facts; A statement spech~ring that portion of decision or hearing proceedings :hat are being appealed together with any evidentiary and supporting materials that '~-ould support the appeal; (6) A signed verification of the truth of all matters. Upon the timely i'fling of a notice of appeal in-the proper form, the Community Develop- ment Department shall place said appeal upon regular meeting of the Planning Commission scheduled to be held not less than thirty (30) days after said appeal is receive~. The Community Development Department shall provide written notice cf the appeal, including the time, 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 s?.all 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 fort~ in the appel- lant's notice of appeal, may consider the record produced before the enforceme=t officer, and may allow additional evidence to be produced. Notice of the Planning Commi~ion's determination shall be in subs+~n~ly the same form as that sent by the enforcement officer and shall be sent to all persons to whom notice of the enforcement officer's order was sent as well as to all persons requesting ~uch notice, in writing, at the time the appeal is heard. b Appeal of Planning Commission Decision Any person who is entitled to notice of hearing, who participated in the P~.anning 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 t?_e City Council REV: 1-92 PS-5-9 .... TUSTIN CITY CODE PROPERTY MAINTENANCE, ETC. 5504b in the same manner set forth for enforcement officer appeals. Appeals shall be made in writing and f'led with the City Clerk prior to 5:00 p.m. of the day of the f'~rst 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 fled or requested by the City Council, a time for hearing shall be a date set within thirty (30) days of the f'ding 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 decision of the Planning Commission within thirty (30) days after the Filing of appeal thereon, the Planning Commis- sion's action on the matter shall be final and conclusive. Notice of a final determination shall be sent in the ssme manner as after the Planning Commission's determination.-(Ord. No. 1080, Sec. 2, 11-18-91) 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 premi.~es for such purpose. The owner of said premises ~all be liable to the City for all costs of such abatement, including all administrative and inspection costs. (Ord. No. 1080., Sec. 2, 11-18-91) 5506 PROCEEDINGS FOR ABATEMENT OF I}~I1NENTLY DANGEROUS PUBLIC NUI- SANCES VVhenever 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 shell attempt to make contac:, through a personal interview, or by telephone ~-ith the landovfner or the person, if any, occupying or otherwise in real or apparent charge and control thereof. In the event contact is made, the enforce- 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 har~n to any person or prope~-y. (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 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(b) 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 enforcement 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. 1080, 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. (Ord. No. 1080, Sec. 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 abatement. Such personnel or persons shall submit an itemized written report showing such costs to the Community 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 f'~rst regular meeting which will be held at least 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 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. c Tax Lien The City Council shall consider the report and account at the time set for hearing, to- gether 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 objections to the report and account. The City Council may modify the report if it is deemed necessary., and shall then confirm the report by motion or resolution. Pursuant to appropriate sections of 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 as- sessment is made and confirmed, it shall be a lien on the property. d Cost Report After confirmation of 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 MAINTENANCE, ETC. 5505e 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 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 Fried 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. (Ord. No. 1080, Sec. 2, 11-18-91) 5509 GENERAL PENALTY AND CONTINUING VIOLATIONS (a) Any person violating or failing to comply with any provision or mandatory requffe- ment of this code shall be guilty of a mi.~demeanor unless charged as ~an infraction by t~,e enforcement officer. (b) Each person guilty of a misdemeanor or infraction shall be guilty of a separate offen_,e for each and every day during any portion of which any violation of any provision of this Co~e 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 aa infraction by the enforcement officer. (d) Any person who obstructs, impedes or interferes with any representative of a Ci:y 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 whc..m 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 aba:e- 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 addition to any other procedure or procedures provided in this Code or by state law for tk.e abatement of any of the conditions described herein, and abatement hereunder shall n~t Prejudice or affect any other action, civil or criminal, for the maintenance of any such con5i- 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 deeding with the problem of property maintenance and public nuisances within the city, but that such sections. REV: 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 shall 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 SENATE BILL AMENDED IN SENATE APRIL 28, 1993 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, Fart, Ferguson, Harvey, Hoge, Johnson, and Richter) March 1, 1993 An act to amend Sections 640.5 and 640.6 of the Penal Code, [A > 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) < D] Existing law provides that any person who writes, sprays, scratches, or otherwise affixes graffiti on or in the facilities or vehicles of governmental entities,, as specified, for which any of the entities incur costs of less than $250 for cleanup, repair, or replacement is guilty of an infraction, punishable'by a fine not exceeding $250 and by community service for a total time not to exce_~ 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 specified, and by community service not to exceed 48 hours for the first conviction and community service not to exc. eeA 96 hours for a 2nd or subsequent conviction. [D > 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] [D > (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 perforrned 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. < A] [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 pursuam 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 [D > require the presence and direct supervision of the person's parent or legal guardian. However, the bill also would specify Sat 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 $1,000 <DJ [A> provide, in addition, that for each 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 suspension or delay of driving privileges pursuant to these provisions. <Al [A > Bec~u~ thls bill would increase the duties of the probation department, it would impose a state-mandated local program. < 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 costs shall be made pursuant to those statutory procedures and, 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: [D > no < D] [A > 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 fac/lities 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 exceext two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hout:s over a period not to exce.~ 30 days, during a time other than during his or her hours of school attendance or employment. This subdivision 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), 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. (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: <DJ ID > (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 C~:,fornia driver's license or temporary permit issued by the Departmen: of MOtor Vehicles, the court in which the finding is had may require ~ne 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) 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). <DJ [D> (d) <DJ [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 the 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 governmental entity, the county may determine the administrative costs it has incurred pursuant .to this section, and retain an amount equal to those costs. Any community service which is required pursuant to subdivision (a) of an unemancipated person under the age of 18 years ID > shall < D] [A > may < A] be performed in the presence, and Under 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 not exceeding one thousand dollars ($1,000). <DJ [D > (e) < D] [A > legal guardian. < A] [A > (d) < A] As used in this section, graffiti means any form of unauthorized painting, writing, or inscription 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 Section 640.5, any person who writes, sprays, szratches, or otherwise affixes graffitl on any real or personal property not his or her own is guilty of an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) if the amount of the defacement, damage, or destruction is less than two hundred fifty dollars ($250). This subdivision 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 exceext 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 [D > shall < D] [A > may < A] be performed in the presence, and under the direct supervision, of the person's parent [D > or legal guardian. <D] [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). < D] [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 temporaD' 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 I8 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 ID > (3) driver of specified This subdivision shall apply whether or not the minor was the the motor vehicle during the commission of the offense in subdivision (a). < D] [D > (e) <DJ IA > or legal guardian. <Al [A > (d) < A] As used in this section, graffiti means any form of unauthorized painting, writing, or inscription regardless of the content or nature of the material used in the commission of the act. _~ [A > 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 time the person becomes legally eligible to drive. However, if there is no further conviction for any offense specified in subdivision (d) in a 12-month period after the conviction, the court, upon petition 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 of 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 (1) shall be reduced at the rate of one day for each hour of community ID > servce < D] [A > service < A] performed. For purposes of this paragraph, "community 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 privileges pursuant to subdivision (a), the court in which the conviction is had 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 this 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 person 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 [A > , and to any violation of Section 640.5 or 640.6 of the Penal Code < A]. (e) The suspension, restriction, or delay of driving privileges pursuant to this section shall be in addition to any penalty imposed upon conviction of any violation specified in subdivision (d). [A> SEC. 4. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (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 °therwise 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] © CITY OF TUSTIN 300 CENTENNIAL WAY TUSTIN~ CA -92680- oCITY OF TUSTIN CENTENNIAL WAY rUSTIN, CA 92680 0 7 0 0 0 c: 0 0