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HomeMy WebLinkAbout15 INTRO ORD ON GRAFITTI REMOVAL 07-17-07MEETING DATE: JULY 1712007 TO: WILLIAM HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: ORDINANCE NO. 1338 — Graffiti Removal — Structures on Public Property SUMMARY Ordinance No. 1338 would add Section 5707 b. to the Tustin City Code requiring that owners of private structures in the public right of way/easements remove graffiti within 48 hours of notification. Cable boxes, utility boxes, poles, and other similar appurtenances and structures ("structures") are targets for graffiti. These structures in the public rights of way have and are increasing in size and number and the owners of the structures have not been proactive in removing graffiti. RECOMMENDATION That'the City Council introduce and have the first reading of Ordinance No. 1338; and, set for second reading at the Council's next scheduled meeting. FISCAL IMPACT The fiscal impact is unknown at this time. In Fiscal Year 2006-07, the City expended approximately $173,000 for graffiti removal on public and private property (Attachment C). This does not include Code Enforcement or Police Department staff time. The approximate cost for removal on utility structures ranges from $40 to $120. It is anticipated that adoption of Ordinance No. 1338 will result in reimbursement to the City a portion of its costs related to graffiti removal or cause the owners of the structures to implement the removal, allowing the City to allocate its resources elsewhere. ENVIRONMENTAL The proposed code amendment is not subject to the California Environmental Quality Act ("CEQA") pursuant to Title 14, California Code of Regulations, Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. City Council Report Ordinance No. 1338 Page 2 of 3 BACKGROUND AND DISCUSSION California Government Code Sections 38773-38773.5 and 53069.3 authorize the City to establish procedures for the recovery of costs associated with abatement of public nuisances and graffiti nuisances. In particular, Government Code Section 38773 provides authority for summary abatement at the expense of the person maintaining the nuisance condition. Sections 5504 and 5707 of the Tustin City Code provide for a hearing and authorizes the City to recover costs of abating nuisance conditions. Public rights of way have been inundated with aboveground infrastructure for electricity, telephone, cellular phone, cable television, and other utility facilities. On the City's major arterial highways alone, there are approximately 465 facilities. The future outlook is for both the number and size of such infrastructure to grow as competition among providers continues to grow. The City has received one proposal to allow upwards of 90 utility boxes approximately 63" high by 43" wide and 20" deep. These utilities boxes are often preferred targets of graffiti vandals. Attachment C consists of photos of various utility boxes throughout the City. It has been the City's experience that owners of these boxes have not engaged in any pro -active program to remove graffiti, leaving the City the task of removing the graffiti. The City's ability to encourage owners of these structures to become more active in graffiti removal or prevention is hindered by state and federal laws. State and federal laws have allowed telephone, electric companies, and other utilities companies into the public right of way and draw parameters on the City's ability to condition such use. Franchises granted to some of these companies are 70 years old with indeterminate terms, and utilities show little inclination to modify them to address today's issues. Because of these limitations, the City has little leverage to negotiate with the utility box owners to put into place some type of graffiti removal program. Where permitted under the Code, the City encourages that utilities place their facilities in vaults underground. Placing these facilities underground can serve several purposes; a graffiti deterrent is one of them. It should be noted, however, that Southern California Edison is now aggressively proposing a graffiti removal program in its service area. Input was solicited from the various utility providers, owners of facilities within the right of way, and the Tustin Chamber of Commerce (Attachment D). The Chamber verbally noted its support of the proposed Ordinance. The City received correspondence from the County of Orange and the Southern California Edison Co. (Attachment E). Staff has incorporated some modifications to the Ordinance and can implement some administrative measures to address these concerns, but believes that the Ordinance should be enacted as proposed to be effective. City Council Report Ordinance No. 1338 Page 3 of 3 The City Attorney has reviewed the content and form of draft Ordinance No. 1338. Elizabeth A. Binsack Community Development Director Attachments: A. Draft Ordinance No. 1338 B. Photographs of utilities boxes with graffiti C. Graffiti removal statistics D. Input solicitation list E. Correspondence SACMCCREPORT1Ordinance No. 1338graffiti.com ATTACHMENT A Draft Ordinance No. 1338 ORDINANCE NO. 1338 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING CHAPTER 7 SECTION 5707 OF THE TUSTIN CITY CODE RELATING TO REMOVAL OF GRAFFITI FROM STRUCTURES ON. PUBLIC PROPERTY The City Council of the City of Tustin hereby ordains as follows: SECTION 1. The Council of the City of Tustin finds: A. The City of Tustin ("City") has a substantial interest in protecting persons, property values, and the aesthetic appearance of the community by reducing and/or eliminating the proliferation of graffiti vandalism; B. That the City has experienced an increase in graffiti vandalism; C. That preferred graffiti targets are utility facilities, such as utilities boxes, cable boxes, and poles that are located on public property and/or public rights of way; D. That individuals that engage in graffiti target walls, buildings and other structures that can be viewed by large numbers of people traveling the public right of way; E. That individuals that engage in graffiti target structures such as utilities boxes, cable boxes, and utilities poles on public property and within public rights of way because of the large numbers of such facilities and because these structures can be viewed by large numbers of people traveling the public right of way; F. That it is widespread belief among Code Enforcement and law enforcement officials that immediate removal of graffiti is a deterrent to more graffiti, that graffiti can and does spur additional crime in the areas of the graffiti, and that graffiti can cause economic harm to the City and surrounding businesses; G. That the City expends significant sums of money each year removing graffiti from structures owned by public and private utilities due to public and private utilities not being proactive and in many cases, even reactive, in keeping their structures free of graffiti; H. That the purpose of this Ordinance is to reduce crime, reduce the incidents of graffiti, reduce the occurrence of community blight, and reduce and/or reimburse the City for public expenditures associated with graffiti removal on these structures that are making use of public property. Ordinance 1338 Page 2 SECTION 2. "Section 5501 pertaining to the definition of "Graffiti" is amended as follows:" "Graffiti" means City unauthorized inscribing, spraying of paint, or making of symbols using paint, spray paint, ink, chalk, dye or any other material on public or private structures, buildings, places or other surfaces. SECTION 3. "Section 5707 is amended as follows:" a. Graffiti removal — In General. Notwithstanding any other provisions, when the Director of Public Works or the Director of Community Development determines that graffiti or other inscribed materials constitute 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 from 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 be authorized or undertake to provide for the painting or repair of any more extensive area than that area where the graffiti is located. b. Graffiti removal — Structures on Public Property. It shall be unlawful for the owner of any utility box, cable box, pole, structure, or other similar appurtenances or facilities ("structures") on any public property or public easements to permit graffiti to remain on such structures for a period of over 48 hours when such graffiti is capable of being viewed by a person utilizing any public right of way, such as a highway, street, sidewalk, road, parkway, easement, or alley. The 48- hour period shall commence from the time the City has given notice, written or telephonic, to the owner and/or responsible party of such structure. All owners and/or managers ("responsible parties") of such structures shall provide the City with an address and telephone number the City can use to provide such notification. If the graffiti is not removed within the applicable 48 hours, the City may summarily remove the graffiti. In addition to penalties provided under this Code, the owner of the structures shall reimburse the City for its cost of removal including any cost associated with notification. The City shall provide the owner of the structure with an invoice for the costs. If the owner of the structure desires to dispute either the imposition or the amount of the invoice, then such owner shall notify the Community Development Director in writing of a request for hearing within seven (7) calendar days of the mailing of the invoice in accordance with Section 5504. The invoice shall notify the owner of the address at which to request an appeal and the timeframe for making a request. Failure to request an appeal within the timeframe provided by this Section shall to waive any right to contest the imposition or the amount of the invoice. If an appeal is requested, a hearing shall be held in the manner set forth in Section 5504. An appeal may be brought on the ground (1) that notice was not provided as required by this Section, or (2) that the costs invoiced exceeded the actual costs Ordinance 1338 Page 3 of abatement or were otherwise unreasonable, or (3) that the City was informed, prior to the City's removal of graffiti, of extraordinary circumstances beyond the control of the owner such as an emergency or natural disaster that prevented timely removal of the graffiti by the owner, or (4) that the requirement to reimburse such costs is otherwise unlawful. SECTION 4. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the Codified Ordinances of the City of Tustin, or other relevant non -codified Ordinances, as the same were adopted by reference by City Ordinance. SECTION 5. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 7 day of August, 2007. LOU BONE, Mayor PAMELA STOKER, City Clerk Ordinance 1338 Page 4 COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk ATTACHMENT B Photographs of Utilities Boxes with Graffiti � �, - w��;, <: ;�� ;::� !i 3. • - S � wr � �' + Y4 r R • � # iYF�" i ' _ ,4 41. f y' h -e 3-• �F Of gq i � a a a� r 4 - • q r y f� - U ATTACHMENT C Graffiti Removal Statistics Graffiti Removal FY 04-05 Actual Expenditures Total Cases for Fiscal Year 1411 cases July August September October November December January Feburary March April May June Funding Source Total ...... .:.. K 0.0 Planning Funds 720 1280 280 440 440 40 80 0 440 40 80 0 3840 _ W" 209ft'�!" �,.40 44 �_. Monthly Total 5480 4840 4720 4560 4760 5240 4820 4280 6160 5400 4960 5660 60880 FY 05-06 Actual Expenditures Total Cases for Fiscal Year 2340 cases ,rML 2 Planning Funds 80 40 480 40 120 160 200 440 720 80 120 440 2920 , . f MonthlyTotal 4960 5120 ----6666----5520 7280 7360 __ 6520 11960 14840 12640 1> . 2040 13040 107160 18000 16000 14000 12000 H 10000 �a 0 8000 6000 4000 2000 Monthly Spending for Graffiti Removal 5 � O Month * FY 04-05 ■ FY 05-06 O FY 06-07 ■ FY 07-08 ATTACHMENT D Input Solicitation List ,in and Smudge Free Printing �Jse Averys TEMPWTE 5160 Reid Monroe Construction Manager Fluor Global Services 16750 Valley View Avenue La Mirada, CA 90638 Robert Joseph Caltrans District #12 3337 Michelson Drive, Stuie 380 Irvine, CA 92614-8894 East Orange County Water District 185 North McPherson Road Orange, CA 92689 Kim Barone Southern California Edison Co. 1325 South Grande Santa Ana, CA 92705 SBC Database Center/SLIC 1452 Edinger Avenue, Room 1200 Tustin, CA 92780-6246 Craig Aiken AT&T 3939 East Coronado Anaheim, CA 92807 Laura Kos Adesta Communications 948 Lemon Street Orange, CA 92867 www averycom 1480040 -AVERY Nicolas Cordova Construction AT&T Broadband 14338 Lakewood Blvd. Bellflower, CA 90706 Brian Canton Time Wamer 200 Paularino Costa Mesa, CA 92626 Kevin Onuma County of Orange 300 North Flower Street, 7th Floor Santa Ana, CA 92702 Robert Chenowith Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 Steve Faber Southern Califomia Gas PO Box 3334 Anaheim, CA 92803 Q AVERY® 51600 Kevin Lorenzini Outside Plan Operator AT&T Right -of -Way PO Box 1240 Yermo, CA 92398-1240 Anita Barela Construction Cox Communications 29947 Avenida De Las Banderas Rancho Santa Margarita, CA 9268f Orange County Flood Control District PO Box 4048 Santa Ana, CA 92702-4048 Bob Stiens Region Manager Southem California Edison PO Box 11982 Santa Ana, CA 92711-1982 P.M. Glover Southern California Gas Company PO Box 3334 Anaheim, CA 92804-3334 Leslie Monty Bill Jankowski Government Liaison Time Warner Cable AT&T 7441 Chapman Avenue 1265 North Van Buren, Room 180 Garden Grove, CA 92841 Anaheim, CA 92807 Don Quinn Kinder Morgan Energy Partners 1100 Town & Country Orange, CA 92868 Tom Brayley Field Ops Supervisor II The Gas Company 301 E. Columbine Ave., SC8362 Santa Ana, CA 92707 Community Development Department April 25, 2007 Don Quinn Kinder Morgan Energy Partners 1100 Town & Country Orange, CA 92868 City Of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3100 SUBJECT: DRAFT ORDINANCE NO. 1338 (GRAFFITI REMOVAL) Dear Mr. Quinn: Attached please find a draft copy of the proposed graffiti removal ordinance. If you would like to provide written comments, please provide those comments by May 4, 2007. This item will tentatively be considered at the May 15, 2007, City Council meeting at 7:00 p.m. in the Tustin Council Chamber, 300 Centennial Way, Tustin. If you have any questions, please do not hesitate to call me at 714-573-3031. Sincerely, Elizabeth A. Binsack Community Development Director Attachment SACdd\Elizabeth\graffiti merge 2.doc ATTACHMENT E Correspondence SOUTHERN CALIFORNIA EDISON® An EDISON INTERNATIONAL® Company May 31 2007 Elizabeth A. Binsack Community Development Manager City of Tustin 300 Centennial Way Tustin, CA Robert K. Stiens Region Manager Local Public Affairs SUBJECT: DRAFT ORDINANCE NO. 1338 (GRAFFITI REMOVAL) Dear.Elizabeth: Thank you for providing Southern California Edison (SCE) with an opportunity to review the City's draft graffiti removal ordinance. As we recently discussed, SCE is in the process of setting up a program to paint over graffiti on the company's utility boxes located on public property and easements. It is the goal of this program to repaint the equipment within 48 hours of receiving notice of the graffiti. However there may be situations such as major power outages when SCE will be required to devote all of its resources to restoring power for its customers. I suggest the following language be added to the draft ordinance: "This ordinance shall not be enforced against an entity or person that has submitted a voluntary pro -active graffiti removal program which has been approved by the Public Works Director and which such person or entity is in compliance as determined by the Public Works Director." This language will allow SCE to meet the spirit of this ordinance. Another point of clarification would be to change the 48 hour requirement to "within two business -days". As written if the city notifies a company on a f ridgy afternoon, the graffiti would need to be painted over by Sunday. SCE's program will operate Monday — Friday. Finally SCE believes that the effective date of the ordinance should be 90 days after approval. This will allow for sufficient public outreach and time for companies like SCE to implement its program. PO Box 11982 1325 So. Grand Ave. Santa Ana, CA 92711-1982 714-973-5548/PAX 52548 Fax 714-973-5752 Robert.Stiens@sce.com As was mentioned earlier, SCE supports the City's efforts to quickly remove graffiti however; we do not believe the ordinance as written is the best way to accomplish this. Again, thank you for the opportunity to provide input to the draft ordinance. We would be happy to meet with you to discuss our concerns. cc: Bill Houston SOUTHERN CALIFORNIA EDISON® An EDISON INTERNATTONAL® Company July 10, 2007 Elizabeth A. Binsack Community Development Manager City of Tustin 300 Centennial Way Tustin, CA Robert K. Stiens Region Manager Local Public Affairs SUBJECT: DRAFT ORDINANCE NO. 1338 (GRAFFITI REMOVAL) Dear Elizabeth: Thank you for providing Southern California Edison (SCE) with an opportunity to review and comment on the City's proposed graffiti removal ordinance. As we recently discussed, SCE has implemented a program to clean up or paint over graffiti on the company's utility boxes located on public and private property. It is the goal of this program to repaint the equipment within two business days of receiving notice. Last month, SCE completed a sweep to remove graffiti from all of its structures in Tustin. SCE recommends changing the 48 hour requirement to "within two business days.". SCE's program will operate Monday — Friday. As written, if the city notifies a company on a Friday afternoon, the graffiti would need to be painted over by Sunday. Additionally, SCE recommends some exception to the two business days due to bad weather. Finally, SCE believes that the effective date of the ordinance should be 90 days after approval. This will allow for sufficient public outreach and time for other utilities to implement a graffiti removal program. Again, thank you for the opportunity to provide input to the draft ordinance. Please give me a call if you have any questions. If cc: Bill Huston PO Box 11982 1325 So. Grand Ave. Santa Ana, CA 92711-1982 714-973-5548/PAX 52548 Fax 714-973-5752 Robert.Stiens@sce.com Sincerely COUNTY OF ORANGE Bryan Spcgr1c, Draw" 300 N. Flower Street Santa Ana, CA P.O. Box 4048 RESOURCES & DEVELOPMENT MANAGEMENT DEPARTMENT Santa Ana, cA 92702-4048 Telephone: (714) 834-2300 Fax: (714) 834-5188 Elizabeth A. BinsackMay 2, 2007 City of Tustin RECEIVED Community Development Director 200? 300 Centennial Way AY , Tustin, Ca 92780 COMMUNITY DEVEL0JPN,1 Subject: Response to Draft Ordinance 1338 (Graffiti Removal) Dear Mrs. Binsack: I have reviewed the draft ordinance 1338 (Graffiti Removal) and have found that expecting graffiti to be removed within 48 hours of notification is unreasonable for the County of Orange. The County of Orange has 310 miles of flood control facilities and 40 square miles of unincorporated area. The County of Orange ordinance 3-16-3 allows 72 hours for removal of graffiti on unincorporated private property, County of Orange property and other public buildings. Contacting and receiving Right of Entry Agreements takes more than 72 hours. ■ First step is the posting of the notice to home owners which explains that graffiti is on their property. It has a contact number to call so the property owner may discuss the graffiti removal process with the Graffiti Removal Coordinator. ■ Second step is certified mailing of the Right of Entry Agreement with photos of the vandalism, work order, details of the property and track map. ■ Third step is receiving the signed Right of Entry Agreement from the homeowner allowing the County of Orange access on their property. ■ Fourth step is scheduling work with our private property contractor that will either soda blast, sand blast or color match the property owners vandalized structure. The City of Tustin has an existing permft (2007-00367) which allows entry into all Orange County Flood Control Districts properties within the City of Tustin. This permit allows for removal of graffiti from private property walls, structures that parallel the flood control channels and Orange County Flood Control District right of way. The Special Provisions also states that all work shall be done at the Permittee's expense. If you have any questions, please do not hesitate to call me at 714-448-1672. Sincerely, , C, C c . ....�,�., Craig Fe' � r County o Orange Graffiti Removal Coordinator Attachments: Copy of City of Tustin No Fee Permit Article 1 General Provisions CC: Bill Hisey Mike Hess ARTICLE 1. GENERAL PROVISIONS Sec. 3-16-1. Findings of the Board of Supervisors. In enacting this division, the Board of Supervisors of Orange County makes the following findings: (1) Graffiti is proliferating on permanent structures throughout the County of Orange. (2) Said graffiti is obnoxious. (3) Use of County funds for removal of said graffiti from public and privately owned property in unincorporated areas of the County is necessary in order to avoid the detrimental impact of graffiti and to prevent the further spread of graffiti. (Ord. No. 3895, § 1, 6-29-93) Sec. 3-16-2. Graffiti defined. Graffiti includes any unauthorized inscription, word, figure, or design that is marked, etched, scratched, drawn or painted on any structural component of any building, structure, or other facility, regardless of the nature of the material of that structural component. (Ord. No. 3895, § 1, 6-29-93) Sec. 3-16-3. Removal of graffiti. Whenever the Director, Resources and Development Management Department ("Director") or his/her designee ("designee") determines that graffiti has been applied to any publicly or privately owned surface, structure or building on publicly or privately owned real property within an unincorporated area of the County of Orange, the Director or designee shall direct County staff or contractors to arrange for the removal of the graffiti according to the following procedures: (a) Graffiti on private property. (1) When the Director or designee determines that graffiti is on a privately owned surface, structure or building, the Director or designee shall attempt to contact the owner to request that the owner shall remove or repaint the graffiti within seventy-two (72) hours of receiving the notice or that the owner sign a right -of -entry agreement with the County permitting the County to remove or repaint the graffiti at County expense. If the owner cannot be contacted in person, the Director or designee shall notify the property owner, as shown on the last equalized assessment roll, by certified mail return receipt requested and by posting a notice at the graffiti site. The Director or designee shall also contact the Orange County Sheriff Department to report the graffiti. (2) The Director or designee may direct County staff or contractors to remove or repaint the graffiti at County expense provided that the landowner has given consent in writing to the County and that removal or repainting of the same site does not exceed three (3) times in any twelve-month period. The Director or designee may remove or repaint graffiti at a single site more than three (3) times within a twelve-month period provided the owner agrees to reimburse the County for the direct costs as determined by the Director. (3) The Director or designee may obtain owner's consent to remove or repaint graffiti per subsection (1) above for a period of time up to one (1) year, renewable by mutual consent. (4) Owners may provide paint matching the surface, structure or building color for the County's or contractor's repainting of graffiti on the owner's property at no cost to the County provided the paint meets the County's equipment requirements. (5) If the owner does not remove or give consent to the County to remove or repaint the graffiti within seventy-two (72) hours of receipt of the notice, and the graffiti is on a wall or surface directly adjacent to a public right-of-way, the Director or designee may, after giving notices in subsection (1) above, direct County staff or contractors to remove or repaint the graffiti from the public right-of-way without the owner's consent. County staff or contractors shall access the graffiti only from the publicright-of-way. The Director or designee may obtain reimbursement of the reasonable costs of removal or repainting from the landowner. (6) The owner may appeal in writing the Director's or designee's determinations as identified in subsections (1) through (5) above within seventy-two (72) hours of receiving the notice required by subsection (1) above. Within ten (10) days of receiving the appeal, the Director or designee may rescind or modify the notice to the owner. The owner may appeal any modified notice according the procedures of this subsection. If the Director or designee does not rescind or modify the notice, the County Executive Officer shall appoint a Hearing Officer or Officers for review of all appeals. The Hearing Officer shall schedule a public hearing after giving ten (10) days notice to the landowner and any interested parties by certified mail return receipt requested. The Hearing Officer shall take testimony at the hearing and close the hearing. After the public hearing, the Hearing Officer shall determine if the appeal is justified and may rescind the determinations, modify the determinations, or uphold the determinations. TheHearing Officer shall provide a written statement of his/her determinations to the owner by certified mail return receipt requested. The Hearing Officer's determinations shall be binding on the Director or designee. (7) The owner may request, based on financial hardship, that the Director or designee waive or delay the payment of all or part of the County's costs of removing or repainting graffiti when the County removes or repaints. The owner shall request the waiver or delay in payment in writing to the Director or designee within thirty (30) days of the County's removal or repainting of the graffiti. The Director or designee shall review the request with ten (10) days and notify the landowner in writing of his/her determination by certified mail return receipt requested. The Director or designee may request data or information from the landowner supporting the landowner's request. The Director or designee may waive the costs in whole or part, or may delay the payment in whole or part based on the financial hardship of the landowner. The landowner may appeal the Director's or designee's decision as provided in subsection (6) above. (8) If the owner does not reimburse the County for the costs of the removal or repainting graffiti within one hundred eighty (180) days of removal or repainting or final decision on any appeal or request for waiver or delay of payment, the Director may propose to the Board of Supervisors that a lien be placed on the property for the costs. In compliance with requirements of state law including Section 38771 et seq. of the Government Code, the Board of Supervisors may place a lien on the property to recover County costs. (9) When a person or persons are convicted of applying graffiti to a site in the unincorporated area, the Director may propose to the Board of Supervisors that pursuant to Section 38771 et seq. of the Governmental Code a lien be placed to recover the County's costs of removing or repainting the graffiti. (b) Graffiti on public property, not owned by the County. (1) When the Director or designee determines that graffiti is on a publicly owned surface, structure or building that is not owned by the County, the Director or designee shall contact the public agency to request that that the agency remove or repaint the graffiti within seventy-two (72) hours of receiving the notice or sign a right -of -entry agreement permitting the County to remove or repaint the graffiti. If the agency cannot be contacted directly, the Director or designee shall notify the public agency by certified mail return receipt requested and by posting a notice at the graffiti site. (2) The Director or designee may direct County staff or contractors to remove or repaint the graffiti at County expense provided that the agency has given consent in writing to the County and that removal or repainting of the same site does not exceed three (3) times in any twelve-month period. The Director or designee may remove or repaint graffiti at a single site more than three (3) times within a twelve-month period provided the agency agrees to reimburse the County for the direct costs as determined by theDirector. (c) Graffiti on County -owned property. (1) When the Director or designee determines that graffiti is on a surface, structure or building, owned or leased by the County but not operated by the Resources and Development Management Department (RDMD), the Director or designee shall notify the County Department in writing requesting that the agency remove or repaint the graffiti within seventy (72) hours of receiving the notice or that the agency sign a right - of -entry agreement permitting Resources and Development Management Department to remove or repaint the graffiti. (2) The Director or designee may direct County staff or contractors to remove or repaint the graffiti at the Department's expense provided that the Department has given consent in writing to RDMD. (Ord. No. 3895, § 1, 6-29-93; Ord. No. 06-006, § 1, 7-25-06) t COUNTY OF ORANGE °' RESOURCES & DEVELOPMENT MANAGEMENT DEPARTMENT COUNTY PROPERTY PERMITS o�LrFO SPECIAL PROVISIONS By acceptance of this permit, permittee agrees to the following: Permit No. 2007-00367 A. The Orange County Flood Control District (OCFCD) possesses limited rights in certain areas covered by this permit which may not be sufficient for permittee's purposes. Permittee acknowledges the limitations of OCFCD's rights and agrees to secure permission from any other owners required for exercise of rights permittee needs B. Ingress and egress shall be at locations designated by OCFCD Inspector. Permittee shall not leave vehicles or equipment or stockpile any material upon any portion of OCFCD right-of-way and shall control dust and provide for passage of OCFCD or other authorized vehicles to the satisfaction of OCFCD Inspector. C. Permittee acknowledges the accessibility and condition of the channel roadway and agrees to repair OCFCD Roadway and replace fencing, if removed, to the satisfaction of OCFCD's Inspector and to the condition as existed prior to the commencement of permitted use. All gates and fencing shall be secured at the end of each working day. D. This permit shall be limited to the normal working days and hours as specified by OCFCD's Inspector. Any deviation from this work schedule shall be made only upon the approval of OCFCD. E. All liability affiliated with permitted use shall be solely that of permittee, assigns or successors. F. Permittee is to use OCFCD maintenance roadways only when dry; vehicles are not to exceed 5 MPH. H. Permittee is to notify RDMD Public Works Operations Inspector at telephone number 567-6300 48 hours before working in OCFCD right-of-way and provide specified location of entry. I. This permit is issued with the understanding that permittee agrees to save the OCFCD, County of Orange, its Agencies, etc., including its officers, agents or employees, harmless from any and all penalties, liabilities or loss resulting from claims or court actions, arising directly or indirectly out of any damage or injury to persons or property by reason of the acts or omissions of permittee, its agents, employees or independent contractors, in exercising any of the privileges herein granted or in consequence thereof. J. This permit is issued with the understanding that removal of graffiti may be from adjacent property or OCFCD owned property and that all work shall be done at the Permittee's expense. K. Permittee acknowledges that the removal methods should be limited to washing off or painting over with latex based paint, since these methods have minimal potential for contamination of the subsequent storm waters. Coufity property Permits, County of Orange - Permit Status Page 1 of Engineering & Permit Services CPP Information Permit Status Permit Forms Home I CPP Contacts I Locations I RDMD Website I OC Website I Sitemap I Search RELATED TOPICS How To Use The Permit Status Tool Check Permit Status Search Issued Permits • Browse Issued Permits r RELATED LINKS Comments & Feedback • OC Public Works • Planning & Development Services 2007-00367 Permittee: City of Tustin Contact: George Weisinger Permittee Reference Number: Facilities: Effective Date: 3/22/2007 , nal ry Permit Status Expiration Date: 12/9/2007 Group Permit Number: Type Code Name Number =food ALL OCFCD FACILITIES WITHIN CITY OF TUSTIN NONE Insurance: Insurance Name Policy Number lExpiration Date HYDRO PRESSURE SYSTEMS (County/State/Flood) 101CC35100190 12/9/2007 12:00:00 AM Permitted Use: To extend the expiration date for temporary access to conduct graffitti removal on private property accessed by and within a portion of Orange County Flood Control District's rights-of-way located within the City of Tustin per original provisions and to the satisfaction of County inspection personnel. ***THIS PERMIT REPLACES ORIGINAL PERMITS 1991-00711 & 2005-00902*** Location of Work: All OCFCD facilities located within City of Tustin city limits. City already has DA -1 access key. Thomas Bros: 800, 829, 830 Dimension/Type: CEQA Code: Area: Temp Access & Grafitti Removal 1 Tustin :onsideration: 'ermit Type Surety Code Penalty Fee/Deposit Code Work Order =lood Temporary 0 12091 0 0 12074 IEF68010 Payment: Payor Name Description IChpck Number Amount IReceipt Number lReceived Date Contractor: Engineer: Inspection: Phone: Inspector: Operations & Maintenance 7145676243 Palmer, Gary Supervisor: CC: Palmer, Gary Subdivision & Permits Inspection Status Summary: Technician: Curr. Status: Status Date: Alcaraz, Kathleen (714) 834-5738 Issued 3/26/2007 12:31:46 PM Received Date: Issue Date: 3/22/2007 8:12:31 AM 3/26/2007 12:31:46 PM Sign Off Date: http://www.ocpennits.com/PennitStatus/fonnPermit.aspx?ID=41796 5/1/200'