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HomeMy WebLinkAboutOrdinance No. 2414 ORDINANCE NO. 2414 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING SECTION 8. 54. 010 OF THE AZUSA MUNICIPAL CODE RELATING TO GRAFFITTI REMOVAL THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1 . Section 8. 54 . 010 of the Azusa Municipal Code is hereby amended to read as follows : "8. 54 . 010 . GRAFFITTI REMOVAL. A. Intent . Graffitti on public and private property is a blighting factor which not only depreciates the value of property, but also the value of adjacent and surrounding communities . Government Code Section 53069 . 3 authorizes a city to enact ordinances to provide for the use of city funds to remove graffitti from public and privately owned permanent structures located within the city. The City Council finds and declares that graffitti or related inscribed material is obnoxious and pursuant to Government Code Section 53069 . 3, authorizes that a program be instituted allowing for the use of city funds to remove graffitti on public and private property. It is the Council ' s further intent to provide for the prohibition of the placement of graffitti on public and private property to the extent such prohibition is permitted by state law and to further prohibit persons from allowing graffitti to remain and thus foster the perpetuation of blight upon the community. The City Council also finds and determines that the removal of graffitti is inexpensive and can easily be accomplished by property owners of the City within three ( 3) calendar days. B. Graffitti Defined. "Graffitti" shall mean the unauthorized inscribing, spraying of paint or marking Ofink, chalk, dye, paint, or other similar substances on public or private buildings, structures, vehicles, equipment, places, and similar things or locations . C. Graffitti Prohibited. 1. It shall be unlawful for any person to paint, mark, chalk, or otherwise apply graffitti or other inscribing material on public or privately owned buildings, structures, vehicles, equipment, places, or other similar locations or things within the city. 2 . It shall be unlawful for the owner of any private property to permit graffitti or other inscribed material to remain so as to be capable of being viewed by a person utilizing any public right-of-way within the City, such as but not limited to, a road, parkway or alley, providing that the City has given the property owner written notice to remove the graffitti within a period of three ( 3) calendar days and the graffitti or other inscribed material has not been removed within said three ( 3) day period. If the three ( 3 ) day period has expired, the City may remove the graffitti with the consent of the owner and at the owner ' s expense. If the owner refuses to remove the graffitti after said three ( 3) day period, the graffitti shall constitute a public nuisance and may be abated pursuant to the provisions of Chapter 15. 08 of the Azusa Municipal Code. D. Procedure to Remove Graffitti . Whenever the City Administrator or his or her designee determines that graffitti or other inscribed material is so located on public or private property as to be capable of being viewed by a person utilizing any public right-of-way, and the owner of the property consents to the removal of the graffitti by the City, the City shall be authorized to provide for the removal of the graffitti . If the City provides for the removal of graffitti , it shall not authorize nor undertake to provide for the painting or repair of any more extensive area than that where the graffitti is located. Prior to the removal of the graffitti , the City shall obtain written consent of the owner and the owner shall execute an appropriate release prepared by the City Attorney. " SECTION 2. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in the manner required by law. PASSED AND APPROVED this 5th day of September 19 8g •MA OR STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS. CITY OF AZUSA ) I , ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2414 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 21st day of August , 1989 . That thereafter , said Ordinance was -2- pmt/ORN4587 duly adopted and passed at a regular meeting of the City Council on the 5th day of September . 1989, by the following vote, to wit : AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE , de t / ITY LE-K -3- pmt/ORN4587