9.20.055 Removal provisions | Chula Vista Municipal Code

9.20.055 Removal provisions.

1. Graffiti as a Nuisance. The existence of graffiti within the City limits of the City is a public and private nuisance, and may be abated or enforced according to the provisions and procedures contained in this chapter or the administrative enforcement and abatement provisions found in CVMC Title 1.

2. Failure to Remove Graffiti Unlawful. It shall be unlawful for any person who is the owner or who has primary responsibility for control of real or personal property or who has primary responsibility for the repair or maintenance of the property (“responsible party”) to permit said property, even if located in the City right-of-way, to remain defaced with graffiti, visible to the public, for more than 48 hours. Property shall be considered no longer defaced when the graffiti is removed or the defaced area is covered by paint which is similar in shade and color to the surface the graffiti resides on. If the graffiti is on glass or some other material, which can be scraped without damaging the material, the graffiti shall be removed and not painted over. Federal, state and local entities (besides the City of Chula Vista) may be considered a responsible party for purposes of this chapter.

Utilities or responsible parties with an active program for the removal of graffiti and who own or maintain more than 50 unattended structures throughout the City (hereinafter “multiple property owners”) shall have an additional 48 hours to remove graffiti from those structures.

1. Use of Public Funds. Whenever the City becomes aware, or is notified and determines, that graffiti is so located on public or privately owned property viewable from a public or quasi-public place within the City, the City shall be authorized to use public funds for the removal of same, or for the painting or repairing of same, but shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, unless the City Manager, or his/her designee, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community.

2. Right of Entry. If a responsible party fails to remove graffiti within 48 hours of being notified by the City, or 96 hours for multiple property owners, the City Manager or his/her designee (including an independent contractor) shall have the right to enter onto the property, paint over or remove said graffiti.

a. Notice – Method of Service. Before entering onto a person’s property to abate graffiti, the City shall notify the responsible party in writing of its intent to do so. Said notice shall be served by any of the following methods:

i. Delivering to and leaving personally with the responsible party or a person of suitable age and discretion who resides or is employed at the property (“personal service”); or

ii. Certified mail, postage prepaid, return receipt requested to the last known address of the responsible party (simultaneously, a duplicate notice may be sent by regular mail, postage prepaid); or

iii. If the graffiti is on attended/occupied property, by posting or hanging a notice on the defaced property in a manner most likely to give actual notice to the responsible party.

All multiple property owners shall establish an agent for service of process with an address and facsimile number where the owner can be notified during normal business hours (8:00 a.m. to 5:00 p.m.). Successful delivery of a notice to the agent’s address or successful transmission of a facsimile to the number provided shall be an acceptable method of service for multiple property owners.

b. Notice – When Served. The notice shall be deemed served and the responsible party “notified” at the time of personal service; or the successful delivery of the certified letter (or the third day after mailing of the duplicate notice); or 48 hours after the notice is posted on the property; or when a facsimile is successfully transmitted to the multiple property owner’s agent for service of process. Actual notice shall cure any defect in the effort to provide constructive notice.

c. Contents of Notice. The notice shall include the Municipal Code section being violated; the property address/location where the graffiti has been observed; the date(s) and time(s) the graffiti was observed; a description of the corrective action required and time limit – including the need to use paint which is similar in shade and color to the structure or item the graffiti is painted on; the consequences of failing to comply, all hearing/appeal rights; and the name of the issuing officer or staff member.

d. Securing Owner Consent. Prior to entering onto private property for the purpose of graffiti removal, the City shall attempt to secure the written or oral consent of the responsible party, which may be incorporated into the required written notice. The responsible party may execute and file with the City a consent form that authorizes the City, without notice, to immediately enter onto the property to paint over any graffiti. Such consent shall be effective indefinitely, until withdrawn in writing by the responsible party.

e. Graffiti in “Privacy Areas.” Unless a warrant or proper consent is secured, the City shall not remove or paint over graffiti if it is located in an area where the property owner or occupant has a reasonable expectation of privacy (“privacy area”). Likewise, the City shall not remove or paint over graffiti that is not in a privacy area if a privacy area must be entered to abate said graffiti.

f. Pre-Abatement Conference. A responsible party may request, by telephone, in writing, or in person, that an informal conference be held before the City enters the party’s property to abate graffiti. The request for a conference shall stay the City’s abatement efforts and must be made within 48 hours of being served notice pursuant to subsection (B)(2)(a) of this section. The conference shall be conducted by the City Manager or his/her designee. The purpose of the conference shall be to determine the propriety of the City’s impending abatement action. A decision on the validity of that action shall be made and communicated to the responsible party before the end of the conference (unless a continuance is necessary). If determined to be valid, the City may abate the offending graffiti 48 hours after the decision.

1. Common Utility Colors and Paint Type. Any gas, telephone, water, sewer, cable, telephone and other utility operating in the City, other than an electric utility, shall paint their above-surface metal fixtures with a uniform paint type and color which meets with the approval of the City Manager. Utility boxes which are part of a beautification program (e.g., utility box artwork project) shall be exempt from this requirement.

2. Conditional Encroachment Permits. All encroachment permits issued by the City shall, among such other things, be conditioned on: (a) the immediate removal by the permittee of any graffiti; (b) the right of the City to remove graffiti or to paint the encroaching object; (c) providing the City with sufficient matching paint and/or anti-graffiti material on demand for use in the painting of the encroaching object containing graffiti.

3. Conditional Tentative Maps. In approving tentative or parcel maps, conditional use permits, variances, or other similar land use entitlements, the City shall consider imposing any or all of the following conditions, or other similar or 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:

a. Right of Access to Remove Graffiti. Developer shall grant, prior to resale of any of the parcels which are within the territory of said map, the right of entry over and access to such parcels, upon 48 hours’ 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;

b. Supply City with Graffiti Removal Material. Developer shall, for a period of two years after the resale of their final lot, provide the City with sufficient matching paint and/or anti-graffiti material on demand for use in the painting over or removal of designated graffiti-attracting surfaces; and

c. Owner to Immediately Remove Graffiti. Developer shall, either as part of the conditions, covenants and restrictions, or as separate covenants recorded against individual lots, prior to resale of same, covenant, which covenant shall run with the land and be for the benefit of the City, in a form satisfactory to the City, that the owner of the lots shall immediately remove any graffiti placed thereon. (Ord. 2997 § 1, 2005; Ord. 2496 § 1, 1992).