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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 06/11/91 5600u/2588/00 -2- Ordinance No. 189 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 06/11/91 5600u/2588/00 -3- ordinance No. 189 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. 06/11/91 5600u/2588/00 -4- 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. 06/11/91 5600u/2588/00 -5-