HomeMy WebLinkAbout89-23 Provision Declaring Graffiti a Public Nuisance and Allowing for AbatementORDINANCE NO. 89-A3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA3AMENDING
TITLE 11 OF THE COSTA MESA MUNICIPAL CODE
TO INCLUDE A PROVISION DECLARING GRAFFITI
A PUBLIC NUISANCE AND ALLOWING FOR THEIR
ABATEMENT, DECLARING SAID ORDINANCE TO BE AN
URGENCY ORDINANCE AND SETTING FORTH THE REASONS
THEREFOR.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Costa
Mesa hereby finds and declares as follows:
.WHEREAS, the City Council of the City of Costa Mesa
finds and declares that graffiti are detrimental to the
health, safety, and welfare of the community in that they are
an eyesore to the community and interfere with the comfort-
able enjoyment of life and property in the neighborhood and
serve as an invitation for further vandalism; and
WHEREAS, the impact of graffiti contributes to the
lessening of property values in the immediate vicinity of the
affected structure; and
WHEREAS, it is in the best interest of the City of
Costa Mesa to abate existing graffiti; and
WHEREAS, Government Code Section 53069.3 allows use
of public funds to remove obnoxious graffiti; and
WHEREAS, this Ordinance will provide for criminal
prosecution of property owners who maintain obnoxious graf-
fiti on their property and will also allow for the expedi-
tious removal of obnoxious graffiti at public expense;
ACCORDINGLY, the City Council of- the City of Costa
Mesa hereby amends Title 11 of the Costa Mesa Municipal Code
as follows:
SECTION 2. Add Chapter 8 to read as follows:
"CHAPTER 8. - GRAFFITI
SECTION 11-150 - PURPOSE
The purpose of this Chapter is to provide for
abatement of graffiti by criminal prosecution of property
owners who fail to remove obnoxious graffiti from their
property and for expeditious removal at public expense of
obnoxious graffiti from real property, or permanent struc-
tures on both public and private property. The increase of
graffiti, on both public and private property, is creating a
condition within the City which results in a deterioration of
property values and of the comfortable enjoyment of life and
property for adjacent and surrounding residents and owners,
and contributes to the overall detriment of the City. The
City Council finds and determines that graffiti constitute a
public nuisance which must be abated to alleviate the detri-
mental impact of such graffiti on the City, and to prevent
the further spread of graffiti. The City Council further
finds and determines that certain categories of graffiti,
described herein as obnoxious, are especially harmful and
must be removed as quickly as possible to avoid or minimize
harm to persons and the whole community. In order to promote
expeditious removal of obnoxious graffiti, the use of public
funds is authorized as provided in the following sections of
the Chapter.
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SECTION 11-151 - GRAFFITI DEFINED
"Graffiti" includes any inscription, figure, drawing,
verbal message, lettering, or symbolic message, whether in
design or symbol, which can be viewed from a public street,
and which are scratched, carved or painted on the exterior of
any real property or structure in public ownership or in
private ownership, and which are not in compliance with sign
regulations of the City's Zoning Ordinance as amended from
time to time.
SECTION 11-152 - OBNOXIOUS GRAFFITI DEFINED
.Graffiti having any of the following characteristics
shall be deemed obnoxious:
1. Insult to or incitement of hatred or contempt of
any racial, religious or ethnic group;
2. Inclusion of or reference to the name of any
gang, or words or symbols associated with a gang
or gangs;
3. Insult or threat to any identifiable individual
or group;
4. Obscene or indecent language or pictures;
5. Any graffiti which are an eyesore to the neigh-
borhood or which tend to attract more graffiti.
SECTION 11-153 - MAINTENANCE OF OBNOXIOUS GRAFFITI PROHIBITED
It shall be unlawful for any owner, lessee, occupant,
or other person having present possession of a lot or parcel
of land within the City to (1) permit obnoxious graffiti to
remain upon such lot or parcel of land or (2) to maintain any
permanent structure affixed to such lot or parcel of land
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with obnoxious graffiti on such structure, for a period in
excess of fifteen (15) days. Each day the obnoxious graffiti
are maintained beyond the initial 15 -day period constitutes a
new offense.
SECTION 11-154- REMOVAL OF OBNOXIOUS GRAFFITI
Whenever the City Manager or his designee determines
that graffiti are obnoxious and are located on public
property not owned by the City of Costa Mesa, or on private
property, so as to be visible to a person utilizing any
public street or highway in the City of Costa Mesa, including
but not limited to any roadway, parkway, sidewalk or alley,
and if the owner of the property consents to the removal of
the graffiti by the City of Costa Mesa, and executes such
document(s) as the City may provide relative to the removal
of the graffiti, then the City Manager or his designee is
authorized to expend City funds for the removal of the
graffiti. Removal of the graffiti at public expense shall be
restricted to the painting and repair of only the area where
the graffiti are located."
SECTION 3. The City Council finds and declares that
the protection of the public health, safety, and general
welfare requires that this Ordinance be adopted as an urgency
measure, pursuant to Section 36937(b) of the California
Government Code.
The reasons in support of the necessity of an urgency
measure are as follows:
Obnoxious graffiti are intended to and do, in fact,
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foster and promote violence, so that the immediate preserva-
tion of the public peace, health and safety requires that
this Ordinance become effective immediately upon adoption.
SECTION 4. This Ordinance shall take effect and be
in full force immediately from and after its passage and,
prior to the expiration of fifteen (15) days from passage
thereof, shall be published once in the ORANGE COAST DAILY
PILOT, a newspaper of general circulation, printed and
published in the City of Costa Mesa, together with the names
of the members of the City Council voting for and against the
same.
PASSED AND ADOPTED THIS /7. DAY OF JULY, 1989
M yor of the C' of Costa Mesa
ATTEST:
10ity Clerk of the City of Costa sa
mis
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and
foregoing Ordinance No. 89-23 was introduced and considered section by
section at a regular meeting of said City Council and passed and adopted
as a whole on the 17th day of July, 1989, by the following roll call vote:
AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey,
Glasgow
NOES: COUNCIL MEMBERS: Genis
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 18th day of July, 1989.
-City Clerk and ex -officio Clerk of tqe
�` \= City Council of the City of Costa Va
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