HomeMy WebLinkAbout50A - ORD ANTI GRAFFITI MEASURES
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
REQUEST FOR
COUNCIL ACTION
JULY 17, 2006
TITLE:
ORDINANCE AMENDING SECTIONS 17-70,
1-18.2 AND 10-178 AND ADDING SECTION
41-638.2 OF THE MUNICIPAL CODE
RELATING TO ANTI-GRAFFITI
MEASURES
JI (aJl/}!Z
/ CITY MANAGER
:~ECOMMENDED ACTION
APPROVED
D As Recommended
D As Amended
D Ordinance on 1" Reading
D Ordinance on 2cd Reading
D Implementing Resolution
D Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt an ordinance amending Sections 17-70, Section 1-18.2, and Section
10-178 and adding Section 41-638.2 relating to anti-graffiti measures.
DISCUSSION
The Public Works Agency is responsible for citywide graffiti abatement as
regulated under Section 17-70 of the Santa Ana Municipal Code. The
existing ordinance does not provide staff with an effective means to
abate graffiti in areas that are not accessible by City crews or contend
with property owners that will not cooperate with removal of graffiti or
provide staff with the ability to require changes to the property to
minimize defacement.
The proposed addition of Section 17-70.1 formally authorizes the City to
offer a reward to encourage residents and business owners to assist the
Police Department in apprehension and conviction of violators. This
reward was previously provided administratively. The reward shall not
exceed $500 per violation and multiple contributors of information for a
single violation shall share the $500 reward as deemed appropriate by the
Police Chief. City employees, law enforcement officers and municipal
officials shall not be eligible for the reward.
The proposed addition of Section 17-70.2 will provide staff with the
tools to effectively remove graffiti more quickly by requiring removal
within 7 days on structures that are not accessible to City crews and
recover costs associated with the abatement. In addition, staff can
identify and require modifications to a property that will discourage or
prevent graffiti from re-occurring on a property that is repeatedly
defaced.
50A-1
Ordinance Amending Or Adding To
Sections 17-70, 1-18.2, 10-178,
And 41-638.2 Of The Municipal Code
July 17, 2006
Page 2
The proposed revision to Section 1-18.2 will update Public Works
Authority to issue citations under provisions of Chapter 17 of the Santa
Ana Municipal code. The revised ordinance will assign the responsibility
for enforcement of Chapter 17 to the Executive Director of the Public
Works Agency and his/her designees.
Section 10-78 of the Municipal code will be amended to require owners or
managers of retail establishments that sell tools such as carbide drill
bits, glass drill bits, grinding stones or other implements that may be
used to etch glass to store these items in places that are not accessible
to the public without employee assistance. This section is added to the
existing requirement that aerosol paint containers and marking pens shall
be stored in such a manner as to not be available to the public without
assistance.
Adding Section 41-638.2 to the municipal code may request developers to
include graffiti abatement measures with land use entitlements. These
requirements may include the use of anti-graffiti material on surfaces
that may attract graffiti, right of access to remove graffiti, require
owners, through CC&R's, that they shall be responsible to immediately
remove graffiti.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The annual cost of providing
be $10,000 per year. Funds
Fund ':;ooun, 6~'"
~-\AN{J.~ /}
Jamee . Ross
~~~utive Director
~lic Works Agency
reward monies to the public is estimated to
are available in the Sanitation Enterprise
APPRO'!ED AS ~ FUNDS AND
':t\\[\\'t\!\. V h . ~--'
FrancIsco Gutierrez ut-t"
Executive Director
Finance & Mgmt. Services
ACCOUNTS:
Agency
50A-2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING SECTION 17-70
AND ADDING SECTIONS 17-70.1 THROUGH 17-
17.2 TO THE SANTA ANA MUNICIPAL CODE,
AMENDING SECTIONS 1-18.2 10-178, AND
ADDING SECTION 41-638.2, ALL RELATED TO
ANTI-GRAFFITI MEASURES.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. The existence of graffiti, on both public and private property, is
public nuisance and a condition within the city which results in
blight and deterioration of property values, impairs the comfortable
enjoyment of life and property for adjacent and surrounding
residents and owners, and contributes to the overall detriment of
the city.
B. Graffiti constitutes a threat to public safety which must be abated to
alleviate the detrimental impact of such graffiti on the city, and to
prevent the further spread of graffiti.
C. Certain categories of graffiti which incite violence, are especially
harmful and must be removed as quickly as possible to avoid or
minimize harm to persons and the whole community.
D. Government Code Section 53069.3, together with the city's powers
as a charter city, authorize a city to enact ordinances to provide for
the use of city funds to remove graffiti from public or private
property, and 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.
E. Government Code Section 53069.5 authorizes a city to offer and
pay a reward for information leading to the determination of the
identity of, and the apprehension of any person who willfully
damages property with graffiti.
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Ordinance No. NS-XXX
Page 1 of 7
F. Under the authority granted by the existing Section 17-70 of the
Santa Ana Municipal Code, the City expends in excess of
$1,500,000 per year in public funds to abate graffiti on public and
private properties. To a very great degree, these expenditures
relieve private property owners from having to incur costs to
remove graffiti from their property.
G. Nevertheless, there are situations which prevent the City's program
from successfully abating graffiti or which cause particular
properties to be defaced with graffiti at a significantly higher rate
than other properties imposing a disproportionate burden on the
community and the program, including:
1. Private property owners who refuse to grant consent
to the City to abate graffiti on their property and yet fail to exercise
due care to prevent or abate such graffiti,
2. Private property owners whose buildings have areas
such as a second stories that can't be reached by City personnel
and yet fail to exercise due care to prevent or abate such graffiti,
3. Private property owners who maintain their property in
a manner such that it is an attractive nuisance that encourages or
unnecessarily facilitates repeated defacement.
H. The proposed amendment ordinance is exempt from further review
and in accordance with the California Environmental Quality Act,
categorical exemption ER No. 2006-21 will be filed for this project.
Section 2. Section 17-70 of the Santa Ana Municipal Code is amended to
read in full as follows (deletions are striken out and additions are emphasized in
bold:
Sec. 17-70. Definitions.
For the purposes of this chapter, the following words and terms shall have
the meaning ascribed thereto:
(a) Graffiti means any unauthorized inscription, word, figure, or design
that is marked, etched, scratched, drawn, or painted on any real or
personal property with a graffiti implement.
(b) Graffiti implement means an aerosol paint container, a felt tip
marker, gum label, a paint stick, etching tool, or other similar
devices capable of scarring glass, metal, concrete or wood.
(c) Aerosol paint container means any aerosol container, regardless of
the material from which it is made, which is adapted or made for the
Ordinance No. NS-XXX
Page 2 of 7
50A-4
purpose of spraying paint or other substance capable of defacing
property.
(d) Felt tip marker means any marker or similar implement with a tip
which, at its broadest width, is greater than one-sixteenth (1/16) of
an inch, containing an ink or other pigmented liquid.
(e) Paint stick or graffiti stick means a device containing a solid form of
paint, chalk, wax, epoxy, or other similar substance capable of
being applied to a surface by pressure, and upon application,
leaving a mark at least one-sixteenth (1/16) of an inch in width.
(f) Gum label means any sheet of paper, fabric, plastic or other
substance with an adhesive backing which, when placed on a
surface, is not easily removable.
(g) Property means personal or real property.
(h) Responsible Party means the owner of a property as shown on the
last equalized tax rolls of the County of Orange and/or the person
who has primary responsibility for control of property or who has
primary responsibility for the repair or maintenance of property.
Sec. 17 70. Remo'fal of graffiti and other inscribed material.
Whenever the city manager determines that graffiti or other insoribed
material is co looated on publio or privately ownod property within the oity so as
to be capable of being viewed by a person utilizing any public right of way, the
city manager is authorized to provido for the removal of the gr::lffiti or other
insoribed material upon the following oonditions:
(a) In removing the graffiti or other incoribed material the painting or
repair of a more extenci'/e area chall not be authorized.
(b) VVhere a struoture or personal property ic owned by a public entity
other than the city, the removal of the graffiti or other incoribed
material may be authorized only ::Ifter seouring the ooncent of the
public entity having jurisdiction over the struoture or personal
property and suoh entity exeoutes a rele::lse ::Ind waiver ::Ipproved
m: to form by the city attorney.
(c) Where::l ctructure or personal property is privately owned, the
removal of the graffiti or other insoribed material may be authorized
only after securing the consent of the O'Nner and the owner
exeoutec ::I rele::lse ::Ind waiver approved as to form by the oity
attorney,
Section 3. Sections 17-70.1 through 17-70.2 are hereby added to
chapter 17 of the Santa Ana Municipal Code to read in full as follows:
Sec. 17-70.1. Reward provisions.
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Ordinance No. NS-XXX
Page 3 of 7
(a) Pursuant to Section 53069.5 of the Government Code, the city may
offer a reward of up to five hundred dollars ($500.00). The amount of the
reward shall be determined by the police chief, for information leading to
the arrest and conviction of any person for violation of Penal Code Section
594, not to exceed one (1) reward of five hundred dollars ($500.00) per
violation. In the event of multiple contributors of information for a single
violation, the reward amount shall be divided by the city in the manner
deemed appropriate by the police chief. For the purposes of this section,
diversion of the offending violator to a community service program, or a
plea bargain to a lesser offense, shall constitute a conviction.
(b) Claims for rewards under this section shall be filed, processed, and
paid in accordance with procedures established by the police chief.
(c) The person convicted of committing the graffiti offense shall be liable
for any rewards paid pursuant to this section and, if that person is an
unemancipated minor, the custodial parent of said minor shall be liable for
any rewards paid pursuant to this section.
(d) No law enforcement officer, municipal officer, official or employee of
the City shall be eligible for a reward made pursuant to this section.
Sec. 17-70.2. Removal provisions.
(a) The existence of graffiti within the city limits of Santa
Anaconstitutes a public and private nuisance and may be abated
according to the provisions and procedures contained in this chapter.
(b) The City Manager is authorized and directed to establish and
implement a program to remove graffiti from private and public real and
personal property in the City under such standards as the City Manager
and City Council may establish from time to time. Those standards shall
include, but not limited to:
i. Obtaining the written consent of the Responsible Party
upon terms approved by the City Attorney.
ii. Availability of funding in the City budget.
iii. Restricting painting to areas reasonable necessary to
abate the graffiti.
iv. Restricting areas to be abated to those viewable from
public rights-of-way and first floor locations.
Ordinance No. NS-XXX
Page 4 of?
50A-6
v. Conditioning repeated abatement of the same property
upon modifcations or improvements to the property to
discourage or prevent defacement.
(c) It shall be unlawful for any Responsible Party to permit property
which is defaced with graffiti, who, in accordance with the standards of the
City program described in (b) above, (i) refuses to grant consent to the
City to abate graffiti on their property, (ii) has an area not qualifying for
abatement, or (iii) otherwise maintains their property in a manner such that
it constitutes an attractive nuisance contrary to conditions imposed, to
remain so defaced for a period deemed reasonable under the
circumstances, but in no event longer than seven (7) days after notice of
same. If the Responsible Party fails to remove the offending graffiti within
the time period specified, the city may also commence abatement and
cost recovery proceedings for the removal of the graffiti pursuant to the
provisions of chapter 17 of this code.
Section 4. Section 1-18.2 is amended to Chapter 1 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 1-18.2. Public works agency authority to issue citations.
The executive director of public works agency or his designee has the duty to
enforce the provisions of sections 10-26,10-27,10-71 and 10-100, 16-1 through
16-4,16-30,16-31,16-33 through 16-37.5, 16-39, 16-48, 18-17,36-148,33-30,
33-60,33-62,33-152,33-157,33-162,33-188,33-189 through 33-192, 36-45,
36-46,39-26,39-33 and 39-106 through 39-111, chapter 17 and provisions of
article IV of chapter 18 of this Code. The executive director of the public works
agency or his designee is authorized to arrest persons without a warrant
whenever they have reasonable cause to believe that the person to be arrested
has committed a violation of said provisions in their presence. In any case in
which a person is arrested pursuant to this section and the person arrested does
not demand to be taken before a magistrate, said officer or employee making the
arrest shall prepare a written notice to appear and release the person on his or
her promise to appear as prescribed by Chapter 5C, Title III, of part 2 of the
Penal Code of the State of California (commencing with Section 853.6).
Section 5. Section 10-178 is amended to Chapter 10 of the Santa Ana
Municipal Code to read in full as follows:
(a)
Every person who owns, conducts, operates or manages a
retail commercial establishment selling aerosol containers, or
marker pens with tips exceeding four (4) millimeters in width,
containing anything other than a solution which can be
removed with water after it dries, shall store or cause such
50A-7
Ordinance No. NS-XXX
Page 5 of 7
aerosol containers or marker pens to be stored in an area
viewable by, but not accessible to, the public in the regular
course of business without employee assistance, pending
legal sale or disposition of such marker pens or paint
containers.
(b)
Every person who owns, conducts, operates or manages a
retail commercial establishment selling masonry or glass drill
bits, carbide drill bit, glass cutlers, grinding stones, awls,
chisels or carbide scribes, shall store or cause such items to
be stored in an area viewable by, but not accessible to, the
public in the regular course of business without employee
assistance, pending legal sale or disposition of such items.
Section 6. Section 41-638.2 is added to Chapter 41 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 41-638.2. Standards for Graffiti Abatement.
In approving tentative or parcel maps, conditional use permits, variances, or
other similar land use entitlements, the city shall consider imposing any or all
related conditions at the public hearing required by law for approval of the
tentative map, conditional use permit, variance or other similar land use
entitlement. If approved:
(a) Use of anti-graffiti material. Developer shall apply an anti-graffiti
material of a type and nature that is acceptable to the Executive
Director of Planning and Building to each of the publicly-viewable
surfaces on the improvements to be constructed on the site
deemed by the Executive Director of Planning and Building to be
likely to attract graffiti ("graffiti-attracting surfaces"); and
(b) Right of access to remove graffiti. Developer shall grant, in a form
approved by the City Attorney a right-of-entry over and access to
such parcels upon forty-eight (48) hours of posting of notice by
authorized city employees or agents to the city for the purpose of
removing or "painting over" graffiti from graffiti-attracting surfaces
previously designated by the director, and the right to remove such
graffiti; and
(c) Owner to immediately remove graffiti. Developer shall provide,
either as part of the conditions, covenants and restrictions, or as
separate covenants recorded against individual lots, prior to resale
of same property or land, which covenant shall run with the land
and be for the benefit of the city, in a form satisfactory to the city
Ordinance No. NS-XXX
Page 6 of 7
50A-8
attorney, that the owner of the lots shall immediately remove any
graffiti placed thereon.
Section 7. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana
hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase or portion thereof irrespective of the fact that
anyone or more sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
ADOPTED this
day of
,2006
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Paula J. Coleman
Assistant City Attorney
AYES: Councilmembers
NOES: Council members
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
50A-9
Ordinance No. NS-XXX
Page 7 of 7
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that
the attached Ordinance No. NS-XXX to be the original ordinance adopted by the
City Council of the City of Santa Ana on , and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-XXX
Page 8 of 7
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