ORD 189ORDINANCE NO. 189
AN URGENCY ORDINANCE OF THE CITY OF LA
QUINTA, CALIFORNIA AMENDING THE LA QUINTA
MUNICIPAL CODE BY ADDING CHAPTER 11.73
RELATING TO GRAFFITI,`rfEMOVAL.
WHEREAS, the City Council of the City of La Quinta (the "City
Council") finds that graffiti is a visual blight, decreases
property values, is associated with crime and delinquency, and
the continued existence of graffiti encourages more graffiti
and the problems associated therewith; and
WHEREAS, the City Council finds that the expeditious
removal of graffiti is necessary to protect the health, safety
and welfare of the citizens of La Quinta; and
WHEREAS, the City Council finds and declares that the
purpose of this ordinance is to enable the City to assist
citizens and property owners within the City to expeditiously
remove graffiti, and to provide for the removal of graffiti by
the City when citizens and property owners refuse such
assistance; and
WHEREAS, the City is authorized by California Government
Code Section 53069.3 to enact an ordinance to provide for the
j use of City funds to remove graffiti from public or privately
owned structures located on public or privately owned real
property within the City; and
WHEREAS, it is necessary for this ordinance to become
immediately effective to enable the City to abate graffiti
which exists within the City.
NOW, THEREFORE, the City Council of the City of La Quinta
does hereby ordain as follows:
Section 1. That a Chapter 11.73 be added to Title 11 of
the La Quinta Municipal Code and be titled as follows:
Chapter 11.73 GRAFFITI
11.73.010 Definitions
As used in this chapter, "graffiti" shall mean any
unauthorized inscription, word, figure, or design that is
marked, etched, scratched, drawn or painted on any structural
component of any building structure, hillside, rock, storm
channel, or any other surface open to public view, regardless
— of the nature of the material of the structural component.
Ordinance No. 189
11.73.030 Inspections
A. Authorized Representative. The city manager and the
building and safety director or their representative(s) are
authorized to make inspections and take such actions as may be
required by this chapter to provide for the abatement of
graffiti.
B. Right of Entry. Whenever there is reasonable cause to
believe that graffiti exists on public or private property, the
city manager or building and safety director or their
representative(s) may enter the premises at a reasonable time
for the purpose of inspection. If such premises are occupied,
entry shall be requested and proper credentials shall be
presented. If such premises are unoccupied, a reasonable
effort shall be made to locate the property owner. If entry is
refused or if the property owner cannot be located after a
reasonable time, a twenty-four hour written notice of intent to
inspect shall be left at the premises. The notice shall state
that the property owner has the right to refuse entry and if
such entry is refused, the city may seek assistance from a
court of competent jurisdiction to obtain entry to inspect the
premises.
11.73.040 Abatement of Graffiti
A. Notice to Abate Graffiti. Upon determination that
graffiti exists, a notice shall be issued to the property
owner. The notice shall be entitled "Notice to Abate
Graffiti," in letters not less than one inch in height, and
shall cite this chapter as authority for such abatement. The
notice shall contain a general description of the graffiti and
a general description of the property on which the graffiti is
located, sufficient to identify the location of the property.
The notice shall inform the owner of the property that the
graffiti must be abated within three days from the date of
service of the notice.
B. City Removal of Graffiti. The notice shall inform the
owner that the city will, at no expense to the owner and at the
owner's request, (1) supply paint and other necessary supplies
to the owner for use in painting over or otherwise removing the
graffiti, or (2) direct a city,,,employee or agent to paint over
or otherwise remove the graffiti.
C. Service. The notice to abate graffiti may be served
by one of the following methods:
1. Personal service; or
2. Certified mail; or
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3. Posting the notice at a conspicuous place on the
premises where the graffiti is located or at the abutting
public right-of-way in addition to service by personal service
or certified mail.
The notice shall be deemed served at the time of personal
service, one day after the certified mail is postmarked
(exclusive of days in which the U.S. mail is not delivered),
and at the time of posting.
D. Appeal Procedure. Within three days from the date of
the notice to abate graffiti, the property owner may appeal to
the planning commission the determination that graffiti exists
on the property. The appeal shall be in writing and filed with
the city clerk. At a regular meeting not more than thirty days
thereafter the planning commission shall proceed to hear and
pass upon the appeal. The planning commission's decision may
be appealed within ten days of the decision by written request
to the city clerk. The city cbdncil shall hear the appeal at a
regular meeting not more than thirty days from the date of
request.
E. Failure to Abate. If graffiti is not voluntarily
abated after notification the following shall apply:
1. Prosecution. Failure to abate graffiti shall
constitute an infraction pursuant to Section 1.01.200 of this
code which provides for prosecution as misdemeanor upon
committing three infractions.
2. City to Abate. The City may cause the graffiti
to be abated. The manner of abatement and costs incurred by
the City to abate the graffiti shall be reported to the City
Council by the building and safety director immediately
following abatement.
3. Judicial Action. The City may commence a civil
action in a court of competent jurisdiction to cause abatement
of the graffiti. Reasonable attorney's fees and costs may be
collected by the City in any action to abate graffiti.
F. Costs of Abatement. The costs of abatement of
graffiti may be assessed by the city in the same manner as set
forth in Chapter 11.72.060 of this code.
11.73.050 Graffiti Removal Program.
A. Graffiti Removal. The city manager and the building
and safety director shall develop a graffiti removal program to
assist property owners to expeditiously remove graffiti.
Through the graffiti removal program, the City shall supply to
property owners paint and other materials and supplies
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necessary to paint over or remove graffiti, and shall provide
city employees and/or agents to paint over and remove graffiti _
on private and public property. The services provided by this
program shall be at the cost of the city and property owners
shall not be charged for such services.
B. Release of Claims. No services shall be provided to
any property owner until and unless such property owner has
executed and delivered to the city permission to render such
services and a release of the city from all claims and
liability arising from the program, in a form provided by or
acceptable to the city attorney.
C. Information Program. The city manager and the
building and safety director shall develop a program to inform
citizens and property owners of the provisions of this Chapter
11.73 and to assist such persons to comply. Such program shall
attempt to obtain executed permission and release forms frdm as
many property owners as possible in advance of the existence of
graffiti on such persons' property, in order to facilitate the
expeditious removal of graffiti.
11.73.060 Other Applicable Laws. To the extent that this
Chapter 11.73 conflicts with any portion of Chapter 11.72 of
this code, this Chapter 11.73 shall prevail.
Section 2. Severability. If any provision, clause, --
sentence or paragraph of this chapter or the application
thereof to any person or circumstance shall be held invalid,
such invalidity shall not affect the other provisions of this
chapter which can be given effect without the invalid provision
or application, and to this end the provisions of this chapter
are declared to be severable.
Section 3. Effective Date. This ordinance is necessary
for the immediate preservation of the public health, safety and
welfare, and therefore, it is hereby declared that this is an
urgency ordinance and shall take effect immediately upon its
passage. The City Clerk shall certify to the passage and
adoption of his ordinance and shall cause this ordinance to be
posted in three public places in the City of La Quinta, and
this ordinance shall be in full force and effect immediately
upon its adoption.
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PASSED, APPROVED, AND ADOPTED by the City Council of the
City of La Quinta, at a regular meeting on the 18th day of
June , 1991, by the following vote:
AYES: Council Members Bohnenberger, Rushworth, Sniff & Mayor Pena
NOES: None
ABSTAIN: None
r
ABSENT: Council Member Franklin ,.
Mayor
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta,
California, do hereby certify the foregoing to be a full, true and
correct copy of Ordinance No. 1,89 *which was adopted on the 18th day
of June, 1991 as an urgency ord.ipance.
I further certify that the foregoing ordinance was posted in three
(3) -places within the City of La Quinta as specified in a
re ution of the City Council.
SAUNDRA L. JUHO A, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk
Z
nia, do hereby certify that
on June 21, 1991 pursuant to
L. JUHOL , City Clerk
City of La Quinta, Californial
of the city of La Quinta,
the foregoing ordinance was
City Council Resolution.
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