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HomeMy WebLinkAboutITEM NO. 11 - TUSTIN CITY CODE 5700 - GRAFFITI TUSTIN CITY CODE 5700 FFITI ISSUE Police Department, Public Works, and Code Enforcement staff have expressed an interest in updating provisions of the TCC related to graffiti enforcement and removal to address inefficiencies and inconsistencies with past practices. Current Clr&eiinance RELEVANT PROVISIONS Unlawful to apply graffiti or to allow it to remain on property for 7 days after notice from City. • City may remove obnoxious graffiti with written consent from owner of property. City can recover cost of removal from property owner. Current Clr&eiinance Current Ordinance Issues • Requirement for owner's written consent. Problems obtaining waiver: • Owners difficult to locate • Time graffiti remains • Recent increase in graffiti. Monthly Graffiti Incidents Number of Graffiti Incidents - City of Tustin 455 4W 'ASO aoo 250 ■2017 ■2018 trio ■2019 ■2020 150 Wo sa 0 January February March Apr■ May June July August September October November Deoember Ordinance as Amended to Address Staff Concerns Will: • Allow for written consent from owner, property manager, occupant, or other person in possession. • Time for graffiti to be removed after notice will be shortened from 7 days to 7z hours (with requirement that notice be posted on site) Authorize summary (immediate) abatement of graffiti determined to be an immediate threat to health, safety, and/or general welfare of public. --------------------- Proposed Revisions Abatement/Enforcement Options Under Revised Ordinance: • Notice with citation (administrative or criminal) for failure to remove within 7Z hours. • City abatement with waiver from owner/possessor of property (cost recovery available, but may also be used as incentive to sign waiver) . UENIR- City abatement with advanced notice and warrant. Summary abatement. Summary Abatement Summary abatement process will allow immediate City removal of graffiti where specified City personnel determine that graffiti constitutes an immediate threat such as: • Incites Violence/Criminal Activity/Retaliation • Hate Speech • Obscene Matter • Gang Association Notice and opportunity for hearing after abatement. City bears costs of abatement. Recommended Action : Conduct first reading by title only of Ordinance No. 15io amending Chapter 7 of Article 5 of the Tustin City Code related to graffiti.