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'