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Home My WebLink About18 ORD 1338 - GRAFFITI REMOVAL 08-07-07AGENDA REPORT MEETING DATE: AUGUST 7, 2007 TO: WILLIAM HUSTON, CITY MANAGER FROM: OFFICE OF THE CITY CLERK Agenda Item ~ $ Reviewed: City Manager Finance Director NIA SUBJECT: ADOPT ORDINANCE 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: Have second reading by title only and adoption of Ordinance No. 1338 (roll call vote) or action as necessary. FISCAL IMPACT: None. BACKGROUND: On July 17, 2007, the City Council had first reading by title only and was amended as follow: If notice is provided by City by close of business on a Friday, the removal shall occur no later than close of business on the immediately following business day. 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 Maria R. Huizar, Chief Deputy City Clerk 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 No. 1338 Page 1 of 4 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. /f notice is provided by City by close of business on a Friday, the removal shall occur no later than close of business on the immediately following business day. 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 timeline, 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 Ordinance No. 1338 Page 2 of 4 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 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 7t" day of August, 2007. LOU BONE Mayor PAMELA STOKER City Clerk Ordinance No. 1338 Page 3 of 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Interim Ordinance was passed and adopted at a regular meeting of the City Council held on the 7t" day of August, 2007, by the following vote:: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER, City Clerk Ordinance No. 1338 Page 4 of 4