HomeMy WebLinkAboutOrd 1991-2470 ORDINANCE NO. 2470
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING VARIOUS SECTIONS OF CHAPTER 9.20 OF THE
MUNICIPAL CODE TO ALTER OR ENHANCE THE CRIMINAL AND/OR
CIVIL PENALTIES ASSOCIATED WITH GRAFFITI-RELATED
VIOLATIONS.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I. Section 9.20.020 (D) of Chapter 9.20 is hereby added to read
as follows:
"9.20.020 Definitions.
D. "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."
SECTION II. Section 9.20.037, "Right of City to Remove" is hereby added to
Chapter 9,20, which section shall read as follows:
"9.20.037 Right of City to Remove.
A. Graffiti as a Nuisance. The existence of graffiti within the City
limits of the City of Chula Vista is a public and private nuisance,
and may be abated according to the provisions and procedures herein
contained.
B. Right of Entry on Private Property Provisions.
1. Securing Owner Consent.
Prior to entering upon private property or property owned by
a public entity other than the City, for the purpose of
removal of graffiti, the City shall attempt to secure the
consent of the property owner, and a release of the City from
liability for private or public property or liability damage.
2. Failure to Obtain Owner Consent.
If a Responsible Party fails to remove the offending Graffiti
within the time herein specified, or if the City shall have
requested consent to remove or paint over the offending
Graffiti and the Responsible Party shall have refused consent
Ordinance No. 2470
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for entry on terms acceptable to the City consistent with the
terms of this Section, the City shall commence Abatement and
Cost Recovery Proceedings for the removal of the graffiti
according to the following procedure.
3. Abatement and Cost Recovery Proceedings.
a. Notice and Conduct of Due Process Hearing.
The Director of Public Works {"Hearing Officer"} shall
give not less than 48 hours notice, served in the same
manner as summons in a civil action in accordance with
Article 3 (commencing with Section 415.10) of Chapter 4
of Title 5 of Part 2 of the Code of Civil Procedure {If
the owner of record, after diligent search cannot be
found, the notice may be served by posting a copy
thereof in a conspicuous place upon the property for a
period of 10 days and publication thereof in a newspaper
of general circulation published in the county in which
the property is located pursuant to Section 6062.) to
the Responsible Party who is responsible for the
maintenance of a parcel of property containing graffiti
("Property"), and, if a different person is the owner of
record of the parcel of land or which the nuisance is
maintained, based on the last equalized assessment roll
or the supplemental roll, whichever is more current,
then to said owner also, of a "due process" hearing at
which said Responsible Party shall be entitled to pre-
sent evidence and argue that his or her Property does
not contain graffiti. The determination of the Hearing
Officer after the "due process" hearing shall be final
and not appealable. If, after the due process hearing,
regardless of the attendance of the Responsible Party,
or his agent, the Hearing Officer determines that the
Property contains graffiti, the Hearing Officer shall
give written notice ("Eradication Order") that, unless
the graffiti is removed within 5 days thereafter, the
City, or its designated agent, shall enter upon the
Property, cause the removal, painting over (in such
color as shall meet with the approval of the Public
Works Director) or such other eradication thereof
("Eradication Effort") as the Public Works Director
determines appropriate, and shall provide the
Responsibility Party thereafter with an accounting of
the costs of such Eradication Effort on a "full cost
recovery basis".
b. Eradication Effort. Not sooner than the time specified
Ordinance No. 2470
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in the Order of the Hearing Officer, the Public Works
Director, or his designee, shall implement the
Eradication Order, and shall provide an accounting to
the Responsible Party of the costs thereof ("Eradication
Accounting"}.
c. Cost Hearing. If the Responsible Party fails to request
a hearing before the Hearing Officer on the Eradication
Accounting {"Cost Hearing"), or if requested, and a Cost
Hearing is conducted after extending due process to the
Responsible Party, after such a Cost Hearing, the
Hearing Officer determines that all or a portion of the
Costs are appropriately chargeable to the Eradication
Effort, the total amount set forth in the Eradication
Accounting, or such amount thereof determined as
appropriate by the Hearing Officer, {"Assessed
Eradication Charges") shall be due and payable by the
Responsible Party within 30 days. The decision of the
Hearing Officer as to the proper amount of the Assessed
Erradication Charges shall be final unless the amount of
same shall exceed $500, in which case, the decision
shall be appealable to the City Council.
d. Lien. If all or any portion of the Assessed Eradication
Charges remain unpaid after 30 days, pursuant to the
authority created by law, including Government Codes
Section 38773, et seq., such portion thereof as shall
remain unpaid shall constitute and is hereby declared to
constitute a lien on the Property which was the subject
matter of the Eradication Effort. The Director of
Public Works shall present a Resolution of Lien to the
City Council, and upon passage and adoption thereof,
shall cause a certified copy thereof to be recorded with
the San Diego County Recorder's Office."
SECTION III. Section 9.20.050 (B) of Chapter g.20 is hereby amended
to read as follows:
"B. Civil Responsibility for Furnishing Minors.
Any person who violates the provisions of Penal Code 594.1 (relating
to the sale, giving, or furnishing of spray paint cans to minors),
or who violates the provisions of Section g.20.O40(A) (spray paint
cans) or 9.20.045(A) (felt tip markers) shall be personally liable
for any and all costs to any person incurred by said person in
connection with the repair of any property caused by the aerosol
paint container or felt tip marker, and for all attorney's fees and
Ordinance No. 2470 '
Page 4
court costs incurred in connection with the civil prosecution of any
claim for damages, not to exceed, in total, $10,000."
SECTION IV. Section 9.20.050 (C) of Chapter 9.20 is hereby amended to read
as follows:
"C. Civil Responsibility for Damages for Wrongful Display.
Any person who displays an aerosol spray container or felt tip
marker in violation of the provisions of this Chapter shall be
personally liable for any and all costs incurred by any party in
connection with the repair of any property caused by a person who
uses such aerosol spray container or felt tip marker in violation of
the provisions of California Penal Code Section 594, and for all
attorney's fees and court costs incurred in connection with the
civil prosecution of any claim for damages, not to exceed
$1,500.00."
SECTION V. Section 9.20.050 (D) of Chapter 9.20 is hereby added to read
as follows:
"D. Civil Responsibility for Wrongful Storage.
Any person who stores an aerosol spray container or felt tip marker
in violation of the subparagraph I of this Section shall be
personally liable for any and all costs incurred by any party in
connection with the repair of any property caused by a person who
shall use such aerosol spray container or felt tip marker in
violation of the provisions of California Penal Code Section 594,
and for all attorney's fees and court costs incurred in connection
with the civil prosecution of any claim for damages, not to exceed
$1,500.00.
1. Proper Storage of Aerosol Spray Containers and Felt Tip
Markers.
Aerosol spray containers and felt tip markers shall be stored
when not in use in either (1) a completely enclosed room which
shall, at all times except during access or substantial
occupancy by the owner or an authorized adult representative
of the owner, remain securely locked; or (2) in a completely
enclosed cabinet or other storage device which shall be
permanently affixed to a building or building structure, and
which shall, at all times except during access by the owner or
an authorized adult representative of the owner, remain
securely locked. For the purposes of this section, an owner
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Page 5
or authorized representative of the owner, shall be deemed to
have substantial occupancy of a room even during short periods
of absence if the room is part of a larger structure which is
occupied by the owner."
SECTION VI. Section 9.20.050 (E) of Chapter g.20 is hereby added to read
as follows:
"E. For the Purposes of Defining.
A similar substance with the city limits of the City of Chula Vista,
as the term is used in Civil Code Section 1714.1 (b), insoluble ink
of the type used in a felt tip marker shall be deemed to be a
substance similar to paint."
Presented by Approved as to form by
Jok~. Lippitt Works . . Booga r
~Director of Public City Attor
Ordinance No. 2470
Page 6
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 6th day of August, 1991, by the following vote:
AYES: Councilmembers: Grasser Horton, Malcolm, Moore, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: Rindone
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
Beverly ~. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Vicki Soderquist, Deputy City Clerk of the City of Chula Vista, California,
do hereby certify that the foregoing Ordinance No. 2470 had its first reading on
July 23, 1991, and its second reading and adoption at a regular meeting of said
City Council held on the 6th day of August, 1991.
Executed this 6th day of August, 1991.
Beverly A. A~thelet, City Clerk