City of Culver City, California
City Council Agenda Item Report
Meeting Date: 6/18/07 Item Number: A-4
AGENDA ITEM: Discuss Options to Enhance the City’s Graffiti Abatement
Program, including Options to Bring the Program In-House, and Provide Further
Direction to Staff.
Contact Persons/Dept.:
Charles D. Herbertson, Public Works
Eric Mirzaian, Public Works
Phone Number:
(310) 253-5630
(310) 253-6410
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification:
Master Notification List (06/14/07)
Department Approval:
Charles D. Herbertson 4/24/07
City Attorney Approval:
Carol Schwab (by H. Iker) (06/13/07)
City Controller Approval:
Marlee Chang (06/14/07)
City Manager Approval:
RECOMMENDATION:
Staff recommends the City Council discuss options to address the City’s provision of
graffiti removal services and direct staff as deemed appropriate.
BACKGROUND:
Graffiti abatement has been and continues to be an important issue for Culver City.
It is generally accepted that the rapid removal of graffiti is a deterrent to additional
graffiti. Since 1993 the City’s Public Works Department has utilized the services of
Graffiti Control Systems (“GCS”) to remove graffiti on buildings and walls throughout
the City. The contract with GCS is set to expire on June 30, 2007, but the City does
have an option to extend the contract for an additional two years at the discretion of
the Public Works Director/City Engineer. Additionally, the City’s Public Works crews
remove graffiti from street light poles, utility boxes, trees, sidewalks and curbs, and
traffic signs on an on-going basis. The Parks, Recreation & Community Services
Department also provides graffiti abatement within the City’s parks and utilizes the
services of GCS on an on-call basis. Currently, graffiti is generally removed five
days per week (Monday through Friday) by GCS and City crews. Last year GCS
responded to approximately 7,000 graffiti incidents, which averages approximately
27 per work day throughout the year. One “incident” may involve several pieces of
graffiti in the same general area. On a typical day, the City receives twelve to fifteen
graffiti complaints on the graffiti hotline. Complaints of and requests for graffiti
removal are received from various sources including the graffiti hotline, (310) 253-
City of Culver City, California
City Council Agenda Item Report
6449, direct phone referrals to the Public Works Department, the City’s on-line
pothole and graffiti reporting system, and emails.
At the August 22, 2005 City Council meeting the Council discussed issues related to
the Graffiti Abatement Program, including the removal of graffiti, potential public
education options, enforcement tools and possible penalties for offenders, and
directed staff to continue to review enhancements to the Program and report back
on the following issues:
1. Review the existing provisions of the Culver City Municipal Code (“CCMC”)
related to graffiti for any needed modifications, including authority for restitution
for damages to City property or reimbursement of City incurred costs of graffiti
removal. Also, review the process for working cooperatively with the District
Attorney’s Office to track graffiti cases and restitution payments.
2. Determine if suspension or delay of driving privileges (CCMC § 9.04.270) is a
viable penalty.
3. Determine if offender could be required to wear special items of clothing
identifying them as graffiti offenders during periods of community service.
4. Review the implementation of a public education and outreach program using
signage and mailings.
5. Implementation of an incentive program for employees and the public who
report graffiti.
6. Survey graffiti abatement programs of other cities.
7. Develop protocols for photographing and documenting graffiti before it is
removed and ensuring that the information is stored and easily accessible to
Public Works, Police and City Attorney staff.
DISCUSSION:
City’s Current Practice for Graffiti Removal:
Each morning of the work week (Monday through Friday), Public Works staff makes
a list from the complaints and requests received from various sources, the graffiti
hotline and the City’s web based reporting system. This list is given to GCS who
adds this information to its own list it makes each morning by driving throughout the
City. This combined list then constitutes that day’s graffiti removal effort by GCS. City of Culver City, California
City Council Agenda Item Report
Occasionally, when Public Works is informed of a priority graffiti removal need, it
contacts GCS by cell phone during the day and adds additional items to the list.
GCS provides one person for graffiti removal. The most appropriate method of
removal is determined by GCS. When paint is used, GCS is required to employ a
spectrophotometer computer color match system to match existing colors as closely
as possible. The cost for removal is based on the square footage of area painted or
chemically treated. The targeted average response time from receipt of the graffiti
complaint to removal of the graffiti is 48 hours. GCS removes graffiti from both
public and private properties, and is required to obtain private property owner
approval prior to removing graffiti. GCS spends approximately 5 to 6 hours per work
day in the City locating and removing graffiti.
Weekend Coverage:
Currently there is no regularly scheduled weekend removal of graffiti by Public
Works staff or GCS. In the event the City Council chooses to remain with contract
services, staff has discussed the option with GCS to provide occasional weekend
service, on an as-needed basis, at the same price per square foot of graffiti removal
as regular weekday service. The cost for occasional weekend call-outs may be
absorbed in the current budget, depending on the frequency of weekend occurrence,
and/or overall removal demand. If there is an increase in the need for GCS to
provide weekend coverage, or it becomes on-going, then an additional appropriation
and budget amendment of approximately $85,000 annually may be required to pay
for year-round weekend coverage.
In the meantime, occasional emergency weekend graffiti removal can continue to be
accomplished by contacting Heustace Lewis, Maintenance Operations Manager or
Charles Herbertson, Public Works Director, by cell phone, and GCS will be called
out. This option is not available to the general public. GCS has indicated that it will
take them approximately four hours to mobilize and arrive on scene to abate the
graffiti when called out on a weekend.
In-House Program Option:
Over the past year Public Works staff has met with GCS’s management and staff to
discuss concerns regarding removal techniques, documentation and locating
unreported graffiti. The Public Works Department has received some complaints
about the speed and quality of workmanship of the removal services provided by
GCS. Public Works staff has also been more closely monitoring the graffiti removal
process and, as a result, it has become apparent that the timeliness and quality of
the removal efforts are in need of improvement. This is especially evident on the City of Culver City, California
City Council Agenda Item Report
western portion of the City. Public Works has concluded that these issues may be
more effectively resolved if the removal work was performed entirely by City staff.
Options for 7-days/Week Graffiti Abatement Program
The expansion of the removal program could be accomplished through two different
options depending on the desired goal. Both options would expand service to 7-
days a week service. The following is a discussion of each option’s staffing costs
based on the current program’s operating budget of $192,112. Each option will
require Civil Service Commission action before being implemented, as the addition
of graffiti removal duties in-house will require the revision, reinstatement or creation
of certain class specifications. As a result, if the City Council were to direct staff to
move forward with any of these options, it would not be implemented for several
months.
Option 1 – Expand Services to 7-days/Week with Contractual Graffiti Removal
Services:
Reclassify one (1) existing Maintenance Painter position to a Sr. Maintenance
Painter position to provide for oversight of the graffiti abatement contract. In
addition, the Sr. Maintenance Painter will oversee City crews assigned to perform
occasional graffiti removal to supplement the work done through the abatement
contract. Staff believes that it would increase the timeliness and quality of the
graffiti removal and help reduce the average response time for removing graffiti
to 48 hours or less.
Annual Costs
City Staff Costs
Salary upgrade (w/ benefits) to Sr. Maintenance Painter: $5,551
Equipment/Materials (paints, brushes, misc. equipment): $10,000
*Annual vehicle maintenance and fuel costs: $2,000
SUB-TOTAL: $17,551
Graffiti Contract Cost
(FY 06/07 budgeted cost $192,112 + $85,000 est. increase) $277,112
SUB-TOTAL: $277,112
TOTAL $294,663
*Use of existing vehicle
The anticipated annual cost of $294,663, for this option would increase the
current budget of $192,112 by an additional $102,551. City of Culver City, California
City Council Agenda Item Report
Option 2 – Expand Service to 7-Days/Week with Internal Graffiti Removal Crew:
Reclassify one (1) existing Maintenance Painter position to a Sr. Maintenance
Painter position in addition to adding three (3) new full-time Maintenance Worker
I positions with staggered schedules to provide 7-days per week coverage for
graffiti abatement. This option would allow the Sr. Maintenance Painter to serve
as Graffiti Removal Crew Leader, and would eliminate the need for a graffiti
abatement contract. The Graffiti removal crew would work during normal City
business hours, unless called out on an emergency. Staff believes that
expanding graffiti removal to 7-days a week with an internal crew will not only
improve timeliness and quality, but will also allow for more proactive graffiti
removal and help to further reduce the average response time for removing
graffiti to between 24 to 36 hours of reporting or locating.
Annual Costs
Salary upgrade (w/ benefits) to Sr. Maintenance Painter: $5,551
Salary (with benefits) for 3 Maintenance Worker I (at B step): $194,646
Equipment/Materials (paints, brushes, misc. equipment): $10,000
Annual vehicle maintenance and fuel costs: $2,000
Annual vehicle amortization costs $3,365
TOTAL $215,562
Start-up Costs
Vehicle (pick-up truck with standard body and hydraulic lift gate): $30,000
Facility Equipment (color match analyzer, paint mixing machine): $30,000
TOTAL: $60,000
The anticipated annual cost of $215,562, this option would increase the current
budget of $192,112 by an additional $23,450.
Based on the two proposed options, Option 2 will have a lower annual operating
cost, even after payment of the Start-up Costs of $60,000. Staff believes the
proposed in-house program provides more effective graffiti abatement.
Issues from August 2005 City Council Meeting:
The following is a discussion of the issues on which the City Council requested
additional information at its August 22, 2005 meeting:
1. CCMC Regulations and Restitution Recovery.
City of Culver City, California
City Council Agenda Item Report
Regulations. The City’s regulations related to graffiti are set forth in CCMC §§
9.04.200 et seq. (Attachment 2), and are briefly summarized herein. The
application of graffiti to any public or privately owned structure is prohibited. It
is also unlawful for a property owner to allow graffiti to remain upon their
property for more than 48 hours. The CCMC authorizes a graffiti removal
program, under which the City can remove graffiti from private property if the
property owner has not removed the graffiti within 48 hours of being notified of
its existence. Under certain circumstances, the City may recover its removal
costs from the private property owner (i.e. more than four requests for removal
per year; where the removal has been mandated by the City through a notice to
abate). Generally, in cases where the graffiti offender is able to be identified,
they are prosecuted for vandalism by the Los Angeles County District
Attorney’s Office under Penal Code § 594. The Penal Code and CCMC give
the Police Department ample authority to enforce vandalism violations when
officers or other witnesses are able to catch offenders in the act. However, this
is quite difficult because vandalism often occurs late at night and often times off
of the main roadway in a parking lot or alleyway. Where graffiti is discovered
after the fact, and there is no suspect to arrest, the City is not able to seek
criminal prosecution.
Restitution. Restitution may be recovered if the perpetrator is prosecuted
criminally. In the past, the City has not recovered a significant amount of
restitution. One factor that may contribute to this result is the small number of
graffiti related prosecutions. As discussed above, a prosecution for graffiti
usually cannot occur unless the perpetrator is caught in the act. However, the
nature of graffiti is such that the violator usually does not apply the graffiti
during times where there is a public presence (i.e. late at night or early in the
morning) and, therefore, it is rare to find witnesses to these acts. Without
witnesses willing to testify against the graffiti violators, prosecutions for graffiti
cannot readily occur. When prosecutions do occur, the District Attorney will
seek restitution on behalf of the City. Usually, the District Attorney’s Office
contacts the City Attorney’s Office and requests documentation evidencing the
City’s damage, which the City Attorney’s Office obtains from the Public Works
Department and forwards to the District Attorney. The City Attorney’s Office
and the Police Department continue to work with the District Attorney to
encourage the prosecution of graffiti violators and ensure that the recovery of
restitution is pursued.
2. Suspension or Delay of Driving Privileges.
In accordance with Vehicle Code § 13202.6, in addition to other penalties
provided for convictions under Penal Code § 594, the court may suspend the
driving privilege of any offender (13 years of age or older) for one year for a first City of Culver City, California
City Council Agenda Item Report
offense. For each successive offense, the court may suspend the offender’s
driving privilege for an additional year. CCMC § 9.04.270 also authorizes the
City to petition a sentencing court to suspend existing or delay the issuance of
driving privileges for individuals convicted of violating the State or City laws
pertaining to graffiti.
3. Offenders Wearing Identifying Clothing During Periods of Community Service.
The City can petition the court that anyone convicted of a graffiti violation be
ordered to wear identifying clothing during their periods of community service.
However, these types of orders are usually overturned on appeal, as
unconstitutional. As such, the City Attorney’s Office would not recommend that
such an option be considered.
4. Public Education and Outreach Program.
The City includes discussion of graffiti issues during some Police Department
(PD) community programs, but does not have any formalized anti-graffiti
education and outreach programs. Currently, PD addresses graffiti issues at
local Neighborhood Watch meetings, and as a part of vandalism discussion in
the Juvenile Diversion Program. Some participants in the Diversion Program
have been arrested for vandalism of one form or another.
Public Works staff has been advised of a private anti-graffiti education program
being used by the County of Los Angeles. The program, “Totally Against
Graffiti” (TAG) is offered for a charge by KCBS Marketing. Through the
County’s TAG program, KCBS Marketing and various County departments
work to educate students (primarily directed at 4
th
, 5
th
and 6
th
grades) on how
they can make a difference in reducing graffiti in their schools and
neighborhoods. However, the TAG program can be customized to meet the
needs of the City and costs would be dependent on what elements are included
in the local TAG program. If the City Council is interested, staff will continue to
explore this option and report back to City Council.
5. Implementation of an Incentive Program for Employees and the Public Who
Report Graffiti.
Staff also explored the feasibility of instituting a reward program for the public
and City staff who report graffiti. As discussed in more detail below, staff
surveyed twelve neighboring jurisdictions regarding their graffiti abatement
programs. None of the jurisdictions surveyed have a reward program for only
reporting the location of graffiti. There are programs that allow for rewards to
be paid only if the information provided leads to the successful prosecution of City of Culver City, California
City Council Agenda Item Report
vandals. Typically these types of rewards are approximately $1,000. CCMC §
9.04.250, allows for the City Council, by resolution, to offer and pay a reward
for information leading to the apprehension and conviction of graffiti vandal(s).
If the Council desires to institute a similar reward program, staff will continue to
explore this option and report back to Council on the cost and available funding
for such a program.
In terms of the implementation of a reward program for the reporting of the
location of graffiti, staff considered how such a program could be operated. We
believe that even a relatively simple program such as the award of $10 to $25
gift cards would divert City funds and resources necessary for the graffiti
removal process and other Public Works functions. Based on the average
number of graffiti hotline reports, such an award program could cost $120 to
$375 per day, or $2,500 to $6,250 per year, not including administrative staff
time. If the Council authorizes bringing the removal function entirely in-house,
as proposed above, staff believes the City’s ability to proactively locate and
remove unreported graffiti would be enhanced and would be a better
expenditure of the City’s resources.
6. Survey of Other Cities’ Graffiti Abatement Programs.
Public Works staff surveyed the graffiti abatement programs of the Cities of
Beverly Hills, El Segundo, Hawthorne, Hermosa Beach, Inglewood, Los
Angeles, Manhattan Beach, Redondo Beach, Santa Monica, Torrance and
West Hollywood, and the County of Los Angeles.
Six of the cities surveyed use City staff for graffiti removal. Three of these cities
have staff dedicated to removal activities and the others include removal as
part of staff’s other duties. The City of Los Angeles uses volunteers and
individuals with community service requirements through the City’s Operation
Clean Sweep program. The remaining four cities and the County use contract
services for graffiti removal.
Most of these agencies remove graffiti during the work week, except in the case
of emergencies based on the graffiti content. One of the cities surveyed only
removes graffiti during a 3-day period between Tuesday and Thursday. All
agencies surveyed, except one, target removal to within 24 to 48 hours of
reporting.
Other than rewards programs for the successful prosecution of vandals, none
of the agencies offer rewards for the reporting of graffiti.
City of Culver City, California
City Council Agenda Item Report
Other than the County, no other cities surveyed seemed to have formalized
public outreach or education programs beyond what the City is currently doing.
7. Documenting and Accessing Graffiti Information.
The City currently receives monthly reports listing the location of all the sites
where graffiti has been removed by GCS over the preceding month. The
reports are broken down by area, providing the address where the graffiti was
located and the method used to remove the graffiti. GCS has also been
providing CD’s with the photos of the graffiti before removal. Public Works
forwards copies of the monthly reports without the CD’s, to the Police
Department on a regular bases. The CD’s are kept on file in the Public Works
Department and are available to the Police Department if the need arises.
The City Attorney’s Office and Police Department have discussed the utility of
the report information in pursing prosecution of vandals and have reservations
about its utility. Typically these types of prosecutions are the result of vandals
being caught in the act of applying graffiti by law enforcement officers or
witnesses willing to testify to the event. The utilization of past incidents,
through photos, without having any witnesses, would require specially trained
experts who are able to interpret the graffiti and provide testimony that each
incident was committed by the same individual. Tracking by plotting the
location of incidents would provide information on concentrations, but without
the expert interpretation of the graffiti, the benefit to assist in the prosecution of
a particular individual is questionable. The plotting of approximately 7,000+
incidents per year will increase the demand on City resources.
The Public Works Department has been informed of a company that may be
able to provide these types of specialized services. This company is employed
by some of the cities in the eastern and southeastern part of Los Angeles
County. If the City Council is interested, Staff will attempt to obtain additional
information about the services and report back to the City Council.
It is recommended that the City Council further discuss these issues and provide
direction, as it deems appropriate.
FISCAL ANALYSIS:
The current fiscal year budget includes $192,112 for the City’s Graffiti Abatement
Program. Of this amount, $146,500 is being provided by the Redevelopment
Agency since the services are provided in a redevelopment project area and
$45,612 is paid from the general fund. In fiscal year 2005/2006 approximately City of Culver City, California
City Council Agenda Item Report
$210,000 was spent on graffiti abatement. Approximately $175,700 has been spent
on graffiti abatement in fiscal year 2006/2007 (through April 23, 2007).
As stated above, if the City Council directs the implementation of a 7-days/Week
removal program, it could be accomplished through the two different options
described above depending on the desired goal. Both options would require
additional funding in addition to the current level of funding for the graffiti abatement
contract. Each option would also require Civil Service Commission action before it is
implemented; it would not be implemented for several months following approval.
It should be noted that the in-house personnel costs are calculated at step B and the
COLA and future step increases will increase this cost by approximately 10% for the
next three years. Potentially, in-house costs could increase faster than outside
contract service.
ATTACHMENTS:
1. Culver City Municipal Code §§ 9.04.200, et seq.
MOTION:
That the City Council:
Consider the subject of graffiti removal and direct staff as deemed appropriate.
MEETING DATE: 06/18/07
AGENDA ITEM:
Discussion Regarding Options to Enhance the City's
Graffiti Abatement Program
ATTACHMENTS
Pages
Culver City Municipal Code §§ 9.04.200, et seq
1-10CULVER CITY MUNICIPAL CODE § 9.04.200 et seq.
GRAFFITI.
§ 9.04.200 PREVENTION AND REMOVAL OF GRAFFITI.
Whenever the Chief Administrative Officer or his designee determines that graffiti is
located on public property not owned by the City of Culver City, or on private property,
so as to be visible to a person utilizing any public street or highway in the City of Culver
City, including but not limited to any roadway, parkway, sidewalk or alley, then the Chief
Administrative Officer or his/her 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 is located.
('65 Code, § 22-10.1) (Ord. No. 91-006 § I (part))
§ 9.04.205 DEFINITIONS.
For the purpose of this Subchapter, the following words and phrases are defined and
shall be construed as hereinafter set out, unless it is apparent from the context that a
different meaning was intended:
AEROSOL CONTAINER. Any aerosol based container, bottle, spray device or other
mechanism, which is adopted or made for the purpose of spraying paint, ink, dye or other
similar substance.
BONA FIDE EVIDENCE OF MAJORITY AND IDENTITY. Any document
evidencing the age and identity of an individual which has been issued by a Federal, State
or local government entity, and includes, but is not limited to, a motor vehicle operator's
license, a registration certificate issued under the Federal Selective Service Act, or an
identification issued by a member of the armed forces.
CHIEF ADMINISTRATIVE OFFICER. The Chief Administrative Officer of the
City of Culver City or his or her designee.
CITY. The City of Culver City, California.
FELT TIP MARKER. Any indelible marker, pen or similar implement which
contains a fluid which cannot be removed with plain water and has a flat, pointed or
angled tip which at its broadest width is greater than one-eighth (1/8th) inch.
GRAFFITI. Writings, drawings or inscriptions of any type which, in the
determination of the Chief Administrative Officer, has any of the following
characteristics.
1. Insults or incites hatred or contempt of any racial, religious or ethnic group;CCMC § 9.04.200 ET SEQ.
Graffiti.
Page 2 of 10
2. Refers to the name of a gang or includes words or symbols associated with a
gang or individual;
3. Insults or threatens any identifiable individual or group;
4. Includes obscene or indecent language or depictions;
5. Constitutes an aesthetic blight or eyesore to a neighborhood;
6. Tends to attract more graffiti; and
7. Promotes criminal activity or promotes retaliatory action by an individual(s).
GRAFFITI IMPLEMENT. An aerosol container, a felt tip marker, nail polish, shoe
polish, paint stick, etching instrument, or any other device containing paint, ink, chalk,
dye or similar substance which when used or applied is capable of defacing glass, metal,
concrete, wood composites, or fabric.
GRAFFITI OFFENSE. The unauthorized application of paint, ink, chalk, dye or the
use of any other instrument to deface, damage or destroy public and private buildings,
structures, or any portion thereof.
PAINT STICK or GRAFFITI STICK. Any device containing a solid form of paint,
chalk, wax, epoxy, or other similar substance that cannot be removed with plain water
and is capable of being applied to a surface by pressure, and upon application, leaves a
mark at least one-eighth (1/8th) inch in width.
('65 Code, § 22-10.2) (Ord. No. 94-027 § 3 (part))
§ 9.04.210 GRAFFITI PROHIBITED.
A. It is unlawful for any person to apply or attempt to apply graffiti to any public or
privately owned structure located on public or privately owned real property within the
City. There is no presumption that any person has a right to apply graffiti, as herein
described, on any public or private property within the City.
B. 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 graffiti to remain
upon such lot or parcel of land or (2) to maintain any structure affixed to such lot or
parcel or land with graffiti on such structure or any portion thereof, for a period in excess
of forty-eight (48) hours following service by the City of a notice to abate graffiti. Each
day the graffiti is maintained beyond the initial forty-eight (48) hours period hereby
constitutes a separate offense and is subject to the penalties set forth in § 9.04.240.
('65 Code, § 22-10.3) (Ord. No. 94-027 § 3 (part))CCMC § 9.04.200 ET SEQ.
Graffiti.
Page 3 of 10
§ 9.04.215 POSSESSION OF GRAFFITI IMPLEMENT.
No person under the age of eighteen (18) years and not in the presence of a parent or
legal guardian shall have in his or her possession a graffiti implement, as defined by §
9.04.205, while in any public park, playground, swimming pool, public recreational
facility or any public right-of-way in the City unless necessary in order to participate in
any City or School District sponsored function. This Section shall not apply to authorized
employees of the City of Culver City nor shall it apply to the authorized agents or
contractors under contract with the City.
('65 Code, § 22-10.4) (Ord. No. 94-027 § 3 (part))
§ 9.04.220 REMOVAL POLICY.
The Chief Administrative Officer or his/her designee shall develop a graffiti removal
program to assist property owners in the expeditious removal of graffiti from their
property. Notwithstanding any other provision of this Subchapter, the City shall be
authorized to recover its costs incurred in the removal of graffiti from private property if:
A. The removal of graffiti or other inscribed material from privately owned real
property exceeds four (4) requests from the City to the property owner or occupant or a
maximum of six hundred (600) square feet per privately owned real property during one
(1) calendar year, which is not removed by the property owner or occupant.
B. Where the removal of graffiti has been mandated pursuant to § 9.04.230, the
owner of the affected property shall reimburse the City for such services.
C. Nothing in this Subchapter shall prohibit the Chief Administrative Officer or
his/her designee from waiving the provisions of this Section if it can be determined that
the affected property owner has demonstrated a conscientious effort to prevent graffiti
from occurring on their property as exhibited by, but not limited to, the installation of
security devices such as surveillance cameras, security lighting, sprinklers linked to
motion sensors; protective or covering landscaping; graffiti resistant building materials;
or the application of graffiti-resistant paint.
('65 Code, § 22-10.5) (Ord. No. 94-027 § 3 (part))
§ 9.04.225 AUTHORIZATION TO REMOVE; METHODS.
Graffiti may be removed by any of the following methods:
A. Whenever the Chief Administrative Officer determines that writings or other
inscriptions constitutes "graffiti" as defined in § 9.04.205 and is so located on public or
privately owned property within the City so as to be capable of being viewed by a person
utilizing any public right-of-way in the City, the Chief Administrative Officer is4
CCMC § 9.04.200 ET SEQ.
Graffiti.
Page 4 of 10
authorized to provide for the removal of the graffiti or other inscribed material upon
advising the property owner that removal will be undertaken by the City if not removed
within forty-eight (48) hours of notification of the existence of graffiti_ The City Council
has determined that the failure to remove graffiti constitutes a public nuisance which
permits the City by and through its authorized representative to enter on private property
to abate the declared public nuisance, without additional notice to or authorization from
the landowner.
1. In removing the graffiti or other inscribed material, the painting or repair of a
more extensive area shall not be authorized.
2. Where a structure is owned by a public entity other than this City, the removal
of the graffiti or other inscribed material is authorized after notifying the public entity
having jurisdiction over the structure and such entity fails to remove the graffiti within
forty-eight (48) hours . after receipt of notice to abate the graffiti.
B. Graffiti which is located on privately owned structures on privately owned real
property within the City and which can be viewed by a person utilizing any public right-
of-way within the City may be removed by the City at the owner's expense as a public
nuisance pursuant to § 9.04.230. This Section shall apply under the following
circumstances:
1. The private property owner has persuaded, allowed or encouraged the graffiti
problem;
2. The Chief Administrative Officer determines that the removal of graffiti or
other inscribed material from a privately owned property has exceeded four (4) requests
from the City Or a maximum of six hundred (600) square feet per privately owned real
property during one (1) calendar year and the property owner has not removed the graffiti
within the required time after a notice to abate has been given as described in § 9.04.230
below.
('65 Code, § 22-10.6) (Ord_ No. 94-027 § 3 (part))
§ 9.04.230 NOTICE TO ABATE; APPEAL; ABATEMENT BY CITY.
Whenever the Chief Administrative Officer determines that graffiti is being
maintained upon the premises within the City in violation of § 9.04_210, the Chief
Administrative Officer shall send, by registered or certified mail or post, at a conspicuous
place on the premises where the graffiti is located, written notice to the owner, and to any
lessee, occupant or other person having present possession of a lot or parcel of land
within the City that the graffiti must be removed within forty-eight (48) hours from the
date of service of the notice. The notice shall be entitled "Notice to Abate Graffiti," in
letters not less than one (1) inch in height, and shall cite this Subchapter as authority forCCMC § 9.04.200 ET SEQ.
Graffiti.
Page 5 of 10
such abatement. The notice shall contain a general description of the property on which
the graffiti is located.
A. The notice shall be on City letterhead in substantially the following form:
NOTICE TO ABATE GRAFFITI
NOTICE IS HEREBY GIVEN that under the provisions of Section 9.04.210 of the
Culver City Municipal Code you are required at your expense to remove or paint over
the graffiti located on the property commonly known as , City of Culver City,
California, which is visible to public view, within forty-eight (48) hours after the date of
service of this notice. The graffiti is visible to public view and therefore constitutes a
public nuisance. If you fail to comply with this order the City or its contractor will enter
upon your property and abate the public nuisance. The cost of the abatement of the City
or its contractor will be assessed upon your property and such costs will constitute a lien
upon the land until paid.
All persons having any objection to, or interest in said matter are hereby notified to
submit an appeal to the Office of the Chief Administrative Officer within forty-eight (48)
hours from the date of this notice.
At the conclusion of this forty-eight (48) hour period the City may proceed with the
abatement of the graffiti on your property at your expense without farther notice.
B. If an appeal has been made to the Office of the Chief Administrative Officer,
within five (5) days from the date of the Notice to Abate Graffiti, the Chief
Administrative Officer, or his/her designee, shall hold an administrative hearing on
appeal. The decision of the Chief Administrative Officer or his/her designee shall be
final and conclusive.
C. If an appeal has not been submitted as set forth in § 9.04.230 B. above, or if the
appeal has been denied following an administrative hearing, and if the private property
owner fails to remove or fails to cause the graffiti to be removed by the designated date,
or such continued date thereafter as approved by the Chief Administrative Officer, then
the Chief Administrative Officer shall cause the graffiti to be abated as a public nuisance
by the City or its contractor, and the City or its contractor is expressly authorized to enter
upon the premises for such purpose.
(t
65 Code, § 22-10.7) (Ord. No. 94-027 § 3 (part))
§ 9.04.235 RECOVERY OF COSTS.
Should the Chief Administrative Officer be required to abate the graffiti as a public
nuisance, as set forth in § 9.04.230 C., the City may recover, pursuant to Cal. Gov'tCCMC § 9.04.200 ET SEQ.
Graffiti.
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Code § 38773, the costs of abatement through the assessment of a lien against the
property on which the nuisance is maintained.
A. Prior to the recordation of a lien against property for the recovery of abatement
and related administrative costs, the City, in accordance with Cal. Gov't Code §§ 38773.1
or 38773_5, shall provide written notification, by registered or certified mail, to the
property owner that a lien will be assessed against their property and such costs will
constitute a lien upon the land until paid. The notice of lien shall for purpose of this
Subchapter be in form substantially as follows:
NOTICE OF LIEN
Pursuant to Cal. Gov't Code § 38773 and the authority of Ordinance of the City of
Culver City, the Chief Administrative Officer of the City of Culver City did on or-about
the day of , 19 , cause the removal of graffiti at the premises
hereinafter described in order to abate a public nuisance on said real property; and the
City Council of the City of Culver City did on the day of , 19_, assess
the cost of such abatement upon the real property hereinafter described; and the same has
not been paid nor any part thereof; and that said City of Culver City does hereby claim a
lien for such costs of abatement in the amount of said assessment to wit: the sum of dollars; and the same shall be a lien upon said real property until the same has been paid
in full and discharged of record.
The real property hereinabove mentioned, and upon which a lien is claimed, is that
certain parcel of land lying and being in the City of Culver City, County of Los Angeles,
State of California, and particularly described as follows: Dated this day of , 19_.
City Clerk, City of Culver City
B. Between the first and fifteenth day of July of each year, the Chief Administrative
Officer shall cause to be published in the official newspaper of the City a notice that any
person affected or aggrieved by an act or determination of the City or the City's Chief
Administrative Officer in connection with the provisions of this Subchapter may appeal
to the City Council. An appeal shall be in writing and shall be filed with the Office of the
City Clerk prior to the fifteenth day of July with the appropriate fee, or from time to time
thereafter may be determined by the Council, the City Council shall hear and render a
decision upon each appeal, and the determination of the Council shall be final and
conclusive. In the event any determination of the Chief Administrative Officer is
modified by determination of the City Council or any assessment changed or corrected,CCMC § 9.04.200 ET SEQ.
Graffiti.
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the Chief Administrative Officer shall cause the correction to be made upon the record
showing the assessment.
C. The appellant shall bear the burden of proof which shall be a preponderance of
evidence. Oral testimony unsupported by physical evidence is disfavored.
D. At the expiration of the time for appeal, or upon the determination by the City
Council of all appeals so filed, and in compliance with the requirements of any
determination so made, the Chief Administrative Officer shall deliver to the County
Auditor of the County of Los Angeles an abstract of each lot or parcel of land within the
City affected by this Section and the amount of each such charge to be placed upon the
assessment roll against the respective parcel. Thereafter, the charges shall be of the same
character and effect, subject to the same penalties, and shall be collected in the same
mamier and at the same time as City taxes. The provision of this Section shall not apply
to any lot or parcel of land if the charge against it has been paid prior to the delivery of
the abstract to the County Auditor.
E. No charges for removal of graffiti shall be imposed until after six (6) months
from the date of the adoption of this Subchapter unless amended by the Culver City
Council.
('65 Code, § 22-10.8) (Ord. No. 94-027 § 3 (part))
§ 9.04.240 FAILURE TO REMOVE GRAFFITI UPON NOTICE.
In addition to any costs incurred by the City for the abatement of graffiti from private
property, failure to voluntarily abate graffiti after notification shall result in the following
penalties:
A. The failure of any person, firm, partnership, or corporation, failing to remove
graffiti within the prescribed forty-eight (48) hour period as set forth in § 9.04.210 B.
hereby constitutes an infraction and is punishable by a fine of One Hundred Dollars
($100.00) upon first conviction thereof.
B. Any person, firm, partnership, or corporation convicted of violating § 9.04.210
B. of this Subchapter for a second time or any subsequent number of times shall be
deemed guilty of an infraction or misdemeanor and shall be punished by a fine of Two
Hundred Fifty Dollars ($250.00).
C. Any person, firm, partnership, or corporation convicted of violating § 9.04.210
B. of this Subchapter for a third time or any subsequent number of times shall be deemed
guilty of an infraction or misdemeanor and shall be punished by a fine not exceeding Five
Hundred Dollars ($500.00).CCMC § 9.04.200 ET SEQ.
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D. Any person, firm, partnership, or corporation previously convicted three (3)
times under this Section, violating the provisions of § 9.04.210 B. hereof, shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be punished as
provided in § 9.04.260, hereof.
('65 Code, § 22-10.9) (Ord. No. 94-027 § 3 (part))
§ 9.04.245 ALTERNATIVE ACTIONS.
The violation of any of the provisions of this Subchapter or any State law pertaining to
vandalism of property with a graffiti implement shall constitute a nuisance and may be
abated by the City through a civil process by means of a restraining order, preliminary or
pemianent injunction or in any other manner available to the City under provisions of
applicable ordinances or State law.
('65 Code, § 22-10.10) (Ord. No. 94-027 § 3 (part))
§ 9.04.250 REWARD FOR INFORMATION.
The City Council may, by resolution, offer and pay a reward for information leading
to the apprehension and conviction of any person who places graffiti or other inscribed
material as defined herein upon public or privately owned structures within the City. In
addition to any fines levied by the City for violation of this Subchapter, any person who
has damaged property by inscribing graffiti on public or private property shall be liable
for the amount of any reward paid pursuant to this Subchapter and Cal. Gov't Code §
53069.5.
('65 Code, § 22-10.11) (Ord. No. 94-027 § 3 (part))
§ 9.04.255 PARENTAL RESPONSIBILITY.
Pursuant to Cal. Civil Code § 1714.1(b), where graffiti is applied by an
unemancipated minor, the parents or legal guardian of said minor shall be jointly and
severally liable for payment of civil damages resulting from the misconduct of the minor
in an amount not to exceed Ten Thousand Dollars ($10,000.00) for each such offense.
('65 Code, § 22-10.12) (Ord. No. 94-027 § 3 (part))
§ 9.04.260 PENALTY FOR VIOLATION.
It shall be unlawful for any person, firm, partnership, or corporation to violate any
provision or fail to comply with any of the requirements of this Subchapter.CCMC § 9.04.200 ET SEQ.
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A. Except as provided in § 9_04.240, any person, firm, partnership, or corporation
violating any provision of this Subchapter, or failing to comply with any of its
requirements shall be deemed guilty of an infraction or misdemeanor and upon
conviction thereof shall be punished by a fine not exceeding One Thousand Dollars
($1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and
imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty
of a separate offense for each and every day or any portion thereof during which any
violation of this Subchapter, is committed, continued, or permitted by such person, firm,
partnership, or corporation, and shall be deemed punishable therefor as provided in this
Subchapter.
B. Notwithstanding the penalties set forth in Subsection A. above, any person who
maliciously defaces, damages or destroys property with a graffiti implement is guilty of
vandalism, pursuant to Cal. Penal Code § 594, and upon conviction thereof shall be
punished by imprisonment in the State prison or in a County jail for a period not to
exceed one (1) year, or by a fine of Five Thousand Dollars ($5,000.00), but no more than
Fifty Thousand Dollars ($50,000.00), depending upon the severity and the amount of
defacement, damage or destruction to property, or by both such fine and imprisonment.
( T65 Code, § 22-10.13) (Ord. No. 94-027 § 3 (part))
§ 9.04.265 COMMUNITY SERVICE.
A. Upon conviction of any person for violation of §§ 9.04.210 or 9.04.215, or any
State law pertaining to vandalism of property with a graffiti implement, the City shall
petition the sentencing court to impose community service time, pursuant to Cal. Penal
Code § 640.6. The sentencing court may require the performance of community service
within the City in addition to any monetary penalties imposed. In the event the sentencing
court approves community service, the City shall request any adult or emancipated minor
convicted of vandalism, as defined by Cal. Penal Code § 594(a)(1) to:
1. Complete a minimum of twenty-four (24) hours, but no more than forty-eight
(48) hours of community services cleaning up, removing, and repairing property
damaged by graffiti for the first conviction; and
2. Complete forty-eight (48) hours, but no more than ninety-six (96) hours of
community services cleaning up, removing, and repairing property damaged by graffiti
for each subsequent conviction.
B. Any person who is under the age of eighteen (18) when he or she violates any
provision of this Subchapter or any State law pertaining to vandalism of property with a
graffiti implement, and is found to be a person described in Cal. Well: & Inst. Code § 602
by reason of the commission of vandalism, may be required to perform community
service time pursuant to Cal. Welf. & Inst. Code § 742.16. For any minor adjudicated
guilty of vandalism, the City will petition the juvenile court and the court may, inCCMC § 9.04.200 ET SEQ.
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addition to any other penalties imposed by the City, require the unemancipated minor to
provide the necessary labor to clean up, repair, or replace defaced, damaged or destroyed
property, or otherwise make restitution to the property owner.
C. If a minor is personally unable to pay any fine levied for violating any provisions
of this Subchapter or is otherwise unable to make restitution for damages, the minor's
parent or legal guardian shall be liable for payment of the fine or restitution. If the parent
or legal guardian cannot make restitution, the sentencing court may waive payment of the
fine or community service time by the parent or legal guardian upon a finding of good
cause. If the sentencing court waives payment of the fine by the parent or legal guardian,
the City shall petition the sentencing court, and the court, at the court's option, may order
the parent or legal guardian to provide the necessary labor, equal to the number of hours
assigned to the minor adjudicated guilty of violating any provision of this Subchapter, to
clean up, repair, or replace property damaged by the unemancipated minor.
('65 Code, § 22-10.14) (Ord. No. 94-027 § 3 (part))
§ 9.04.270 SUSPENSION OR DELAY OF DRIVING PRIVILEGES.
For each conviction of a person aged thirteen (13) to twenty-one (21) for violation
of §§ 9.04.210 or 9.04.215, or any State law pertaining to vandalism of property with a
graffiti implement, the City shall petition the sentencing court to suspend existing driving
privileges or delay the issuance of driving privileges in accordance to Cal. Veh. Code §
13202.6.
('65 Code, § 22-10.15) (Ord. No. 94-027 § 3 (part))
ID