HomeMy WebLinkAboutOB 2 GRAFFITI ABATEMNT 12-17-90�t �t�. F• r. r
DATE:
TO:
FROM:
SUBJECT:
DECEMBER 17, 199
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
GRAFFITI ABATEMENT PROGRAM
RECOMMENDATION
OLD BUSINESS NO. 2
12-17-90
Inter - Com
It is recommended that the City Council: 1) approve the concept
of a graffiti abatement program using private contract services;
2) instruct staff to prepare a Request for Proposal for contract
services for graffiti removal; 3) Instruct staff to implement a
graffiti removal marketing program, and; 4) instruct staff to
prepare necessary amendments to the Tustin City Code to enhance the
graffiti removal program.
BACKGROUND
On July 16, 1990, the Community Development Department submitted to
the City Council recommended actions on a comprehensive approach to
the stabilization of Tustin's Southwest Neighborhood. One
component of the Southwest Neighborhood Stabilization Program was
a graffiti abatement element to facilitate the removal of graffiti
from private property. This information was updated on October 15,
1990, when the Community Development Department submitted a
proposed study outline for the graffiti component of the Southwest
Neighborhood Stabilization Program. The following discussion of
the types of legislation and research programs that are utilized in
surrounding communities to abate graffiti is the outcome of .the
previous reports. The alternative programs discussed in this
report include approaches such as passing ordinances that require
property owners to abate graffiti within a specif ied number of days
to proactive approaches such as establishing community wide "paint -
out" efforts to abate graffiti.
ALTERNATIVES EXAMINED
As part of the proposed graffiti abatement study a total of 28
Southern California cities were contacted to gather information
regarding their graffiti abatement program (survey attached). The
list of survey cities was compiled with the assistance of the Code
Enforcement Officer Association, a City -link search, references
from other cities and direct knowledge of cities in Southern
California that have graffiti problems or programs. As a result,
staff found that there are basically five types of program
approaches being used by other cites. Program approaches are
listed as follows along with a summary recommendation:
City Council Report
Graffiti Abatement Program
December 17, 1990
Page 2
1. Private contract services
Private contract services is the most popular, responsive and
potentially costly form of graffiti abatement. Under this
scenario, the City hires a contractor who in turn is
responsible for removing graffiti on any private property
within a specified time period (usually 24 - 72 hours) when
notified by the City.
In our survey we found that seventeen (17) of the 28 cities
use private contractor services. Costs range from $40 to $50
per 150 square feet of graffiti removal with additional
minimum charges for sandblasting and chemical removal. Cities
who contract have all stated that although during the past few
years there has been a substantial rise in contract costs they
are generally pleased with the quality of work and
responsiveness of the contractor. In a similar sized city
such as Tustin, contract costs are running approximately
$40,000 a year. The most common complaint voiced by the
property owners of this type of procedure is generally the
variation in the quality of the paint over. The quality of
the paint -over is most professional when a contractor is
employed because contractors tend to use the most
technologically advanced equipment and a larger palette of
paint colors. In any event, prior to graffiti removal on
private property the property owner should be required to sign
a waiver which in part explains that the City and contractor
cannot guarantee precise color matches.
Studies have shown that when graffiti is removed promptly, the
likelihood of repeat offenses is lessened and gang activity is
suppressed. In the case of obscene graffiti, prompt removal
is high recommended. The aim is for a 72 -hour response time,
but this deadline is often unachievable if several incidences
have occurred during a short period of time or if the acts of
graffiti are committed just prior to the weekend or holiday.
Generally, however, a 72 -hour response time is reasonable and
desirable in promoting the effectiveness of the program. As
discussed in the above section of this report, the most
responsive removal occurs when private contract services are
used.
There are numerous companies that offer graffiti removal
services to cities, in order to determine the most qualified
and cost efficient contractor, a Request for Proposal can be
Community Development Department
City Council Report
Graffiti Abatement Program
December 17, 1990
I Page 3
drafted and mailed to contractors throughout the County.
Presently, the City of Tustin has $20, 000 in Year 14 Community
Development Block Grant money that has been authorized to be
expended for the graffiti abatement program. Other funding
sources will be discussed in more detail later in this report.
2. Volunteer Program
Cities such as Anaheim, Costa Mesa, Garden Grove and Paramount
have well developed programs that utilize volunteers from the
community to remove graffiti. Volunteers would be requested
to sign release of liability forms to hold the City harmless
while participating in the graffiti removal. While this type
of program has a positive effect in gathering community
support and spirit, response is generally very slow (anywhere
from 7 days to several months) . Community paint out campaigns
must be organized well in advance and graffiti that occurs
after the paint out is left until the next paint out campaign
is scheduled. This type of program would also require the
City to purchase supplies and equipment for removal purposes.
Estimates of initial purchase of supplies and equipment can be
as high as $30,000 with an annual ongoing cost of $15,000.
3. Service Club Contract
In the San Gabriel Valley, a local city service group, the
Boys Club of the San Gabriel Valley, operates as a painting
contractor for graffiti removal. Their response may not be as
timely as a private contract but costs may be generally lower
than regular private contract services. However paint outs
are done by youth club members not professional paint
contractors, quality can be mixed and a limited palette of
colors is usually available sometimes resulting in making the
paint out area more visible. In addition, more sophisticated
sandblasting and chemical removal services are not offered.
4. City Field Services
Six of the survey cities use Public Works Department crews to
remove graffiti on both public and private property. The City
of Tustin Public Works Department presently removes graffiti
located on public property; this could potentially be expanded
to cover private properties as well. Upfront costs associated
with using City staff would include additional purchase of
equipment and supplies to implement an in-house program.
Community
Development Department
City Council Report
Graffiti Abatement Program
December 17, 1990
I Page 4
Estimates of costs supplied by one survey city show start up
labor and equipment costs to be as high as $86,000. As with
both the volunteer and service club programs, the quality of
paint outs on private property is questionable. Due to the
wide variety of existing exterior colors it is difficult for
the City to stock and match the color of the paint that has
been defaced by graffiti. The use of city crews working on
private property has the potential to create a negative image
to the public. Additional liabilities would have to be
assumed if city crews work on private property. If City field
crews are used to provide this additional service, new
priorities must be established and tasks being performed
presently may have to be reduced or eliminated.
5. Property Owner
The least used form of graffiti abatement involves
participation by affected property owners where graffiti has
been cited. The cities that use this type of program request
voluntary cooperation from the property owner however if
graffiti is not removed within a specified number of days the
City crews remove the graffiti and charge back the owner or
place a lien on the property.
CONSENT AND LIABILITY FORM
Prior to entering private property to commence graffiti removal,
the property owner must sign a waiver authorizing the. City or
volunteer group or designated contractor to enter the property for
graffiti removal services. The release by the property owner would
indemnify and hold the city or contractors harmless, as well as
acknowledging that repainted areas may not precisely match. There
are two methods of distributing the required consent forms. Many
cities require the property owner to sign a "Consent to Enter and
Release of Liability" form after graffiti is reported either
through hotline reporting or field observation. This process
lengthens the abatement removal because forms are sent by mail and
the city or contractor must wait until forms are received back to
commence the work. Another more efficient method is to mail a
"Consent to Enter and Release of Liability" form to all property
owners in advance of initiating the graffiti removal program.
Returned forms would be stored by the city or contractor and once
graffiti was reported and the city or contractor was in possession
of the form, removal and repeat removals could be authorized
immediately. Release forms would be valid until the property
Community Development Department
-- City Council Report
Graffiti Abatement Program
December 17, 1990
I Page 5
changed hands, at that time, the new property owner would need to
file a new consent form. If contract services are used to obtain
consent forms, the contractor would be required to submit copies of
consent forms with each monthly invoice statement. Failure to sign
the release form would require the property owner or tenant to
remove graffiti from the property at their own expense. Code
Amendments proposed to be implemented as part of the graffiti
abatement program would make the existence of graffiti and non -
removal a property nuisance violation subject to citation and
fines.
If the city assumes responsibility for the consent forms, the cost
to duplicate forms would be minimal and distribution could be tied
to the city newsletter distribution as well as media campaigns.
FUNDING A GRAFFITI ABATEMENT PROGRAM
1. CDBG - The City of Tustin receives approximately $100,000 of
Community Development Block Grant (CDBG) funds annually.
Presently, the City of Tustin has $20,000 in 1990-91 Federal
fiscal year Block Grant Money that have been authorized for
use as part of the graffiti abatement program. CDBG monies
however can only be used in "target areas". The southwest
portion of the city where the majority of graffiti occurs is
located is in such a "target area".
2. Redevelopment - The South Central Redevelopment Project Area
boundaries encompass many of areas where graffiti _hotspots
have been identified. If the Community Redevelopment Agency
so desires they can make appropriations from the Redevelopment
Project Area tax increment to offset costs of establishing a
program. It is not anticipated that such an appropriation
would be needed until Fiscal Year 91-92.
3. General Fund - Many of the cities surveyed use a combination
of CDBG and General Fund monies to finance their graffiti
abatement program where other funding sources are not
available. These cities do not have any cost recovery system
that passes costs onto the property owners but absorbs the
entire costs of the program. There appears to be equity in
this situation where tax dollars collected from all sectors of
the community are being used to eradicate a problem that if
left could affect the image and well being of the City.
Community Development Department
- City Council Report
Graffiti Abatement Program
I December 17, 1990
Page 6
4. Citation - Presently the City of Tustin codes do not identify
graffiti as a condition that constitutes a public nuisance.
In order to implement a successful abatement program, code
amendments will be necessary in order to provide the city with
enforcement powers to mandate the removal of graffiti on
private property. Property owners or tenant who refuse to
consent to removal or do not remove the graffiti themselves
could be subject to abatement by the city with costs assessed
against the property. In addition, misdemeanor citations
which carry a maximum $500 fine or imprisonment can be used to
enforce the program. This could be considered a cost
recovery, but it can not be anticipated that fines could fully
support a graffiti program costs.
5. Business Community - In programs where volunteers are used to
abate graffiti, the business community has supported the
effort by supplying paint, brushes and other equipment. The
business community could also be requested to financially
sponsor the program through cash contributions. This approach
however, has met with only varying degrees of success.
MARKETING APPROACHES
The marketing of a graffiti abatement program may take several
forms. In addition to utilizing various forms of media which
describe the program cities have also increased public awareness
through cooperation with local businesses and schools.
1. Media
Advertisements in local newspapers and city newsletters are
the least expensive and most common type of marketing used by
cities. These marketing tools are highly recommended because
they reach a relatively large audience for the minimal cost
invested. Other examples of printed media include flyers
accompanying water bills, brochures, door hangers and signs.
As an example of cost, brochures typically cost about $115.00
per 1000. These types of media, although more expensive to
produce and often more difficult to distribute, are more
effective because they are devoted solely to graffiti removal.
I Television announcements are another option in marketing a
graffiti removal program. Cities that have local cable
franchises and televise city council meetings can program such
announcements directly preceding the meetings. While the
Community Development Department
City Council Report
Graffiti Abatement Program
December 17, 1990
Page 7
audience for this type of marketing is limited, the cost is
minimal when air -time is provided free of charge.
2. Business Community
Support from the local chamber of commerce fosters good
relations with businesses that interact with the city to
report graffiti on their property. Businesses may also be
encouraged to donate supplies, money or time to support the
program. Certain local businesses can further support
graffiti abatement by limiting the accessibility of spray
paint cans to behind -the -counter areas. Studies have shown
that this inaccessibility of spray paint discourages its
purchase and unlawful use by vandals. In recognition of
cooperation and contributions, the city may desire to issue
proclamations or have local newspapers publish names of
participating businesses with a statement of gratitude from
the city.
3. Schools
Involvement with local schools is often carried out at both
the enforcement and prevention/education levels. Currently,
the Tustin Police Department conducts multi -subject
presentations at the 5th, 7th and 10th grade levels. Topics
discussed at the high school level include peer pressure,
self-defense and gangs. Graffiti abatement, which. is
discussed briefly, could easily be expanded and focused on.
Such educational presentations to students as well as to
parents and school staff help to create an enthusiastic
attitude toward abating graffiti. To make an education
program even more successful, teachers may do follow-up
lessons and exercises. In the City of Anaheim, for example a
graffiti removal poster contest was held and the winning entry
was reproduced and displayed throughout the city.
In many Southern California cities, graffiti prevention is
discussed with students by relating the graffiti to gang
activity. Students are taught that graffiti is destructive to
the community and that there are positive ways to expend
resources currently used for graffiti abatement. These
teachings can be effective in reducing students' propensity to
commit these acts of vandalism in the future.
Community Development Department
- City Council Report
Graffiti Abatement Program
I December 17, 1990
Page 8
4. Graffiti Hot -Line
A graffiti hot-line can be an effective link between the
community and city hall. In order to reinforce the
community's awareness of the graffiti abatement campaign, the
telephone number used often corresponds to a slogan, such as
555 -GONE or 555-RIDD. These hot-lines can be operated in more
than one language to increase accessibility to the community.
In some cities, clerks answer hot-line phones during business
hours; in others a recorded message is played 24 hours a day.
Typically, the public works department oversees the hot-line
and logs incoming calls. Under contract services, the clerk
sends a completed form with information taken from the call
and sends it to the contractor. Calls reporting acts of
graffiti in progress, however, should be referred immediately
to the police department. Because the cost of a graffiti hot-
line is minimal, its most effective implementation, which is
in the form of a 24 hour recorded message, is highly
recommended for the City of Tustin.
1s] zL iii 1
Based on the above analysis the following actions and programs for
implementing a comprehensive graffiti abatement program are
recommended.
1. Utilize Private Contract Services for Graffiti Abatement
Private contract services will provide the most efficient and
responsive method of graffiti removal for the City, with costs
controlled based on the scope and level of service the City wishes
to allocate to the program. With private contract services the
City of Tustin will not have to purchase equipment, incur
additional liabilities, allocate significant manpower to the
effort, or design intricate volunteer programs.
Staff's review of funding sources indicate that the most effective
way to finance the cost of the program is through CDBG and
Redevelopment appropriations. These sources are available to the
City with the first years program to be funded by $20,000 in
Community Block Grant Money. It is expected that a 1991-92
Redevelopment Agency appropriation will be needed. Other
alternatives considered such as citation fines and financial
Community Development Department
- City Council Report
Graffiti Abatement Program
December 17, 1990
I Page 9
sponsorship by the business community would not be sufficient to
fund the program although staff will explore citation fines.
2. Marketing
All marketing methods addressed in the report are reasonable and
achievable. Education through the use of media, business community
and the schools will require coordination with cable company,
chamber, school district and our Police Department. A graffiti
hotline is be recommended to be implemented upon the relocation of
the city hall to its temporary facilities. At that time, a
separate hotline number would be installed. Approximately $5,000
in Redevelopment funds will be needed for a media marketing program
for graffiti during fiscal year 1990-91 to include authorization to
install a graffiti hotline. This will be addressed at the mid -year
budget review.
3. Legal Requirements
A number of specific legal actions will be needed as follows:
Instruct staff, in coordination with the City Attorney's
office, to prepare an amendment to the Tustin City Code
to define and identify graffiti as a public nuisance,
authorizing the city or its agent to remove graffiti from
private property or requiring the property owner to
abate.
Instruct staff, in coordination with City Attorney's
office, to prepare an infraction citation bail schedule
making it an infraction to inscribe, mark or graffiti as
well as allowing graffiti to remain on private property.
The California Penal Code recommends fines and penalties
depending upon the amount of damage and said fines must
be authorized by the Court. Procedures for noticing,
hearings, abatement and assessment of costs are already
contained in the Tustin City Code and will not require
amendment.
° The State of California prohibits the sale, purchase or
possession of aerosol paint containers to persons under
the age of 18 years. It is recommended that staff be
instructed, in coordination with City Attorney's office,
to prepare amendments to the Tustin City Code to include
the same prohibition.
Community Development Department
City Council Report
Graffiti Abatement Program
December 17, 1990
I Page 10
Instruct staff, in coordination with City Attorney's
office, to develop a "Consent to Enter" forms which are
a necessary requirement in order for the City or
contractor to proceed with graffiti removal on private
property. Examples of forms used by other cities are
easily redesigned to meet Tustin's needs.
?Rtga=:W�estfiel& Christine A. Shingleton
.Assistant Director Director of Community Development
of Community Development
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Community Development Department
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