9.20.060 Prevention provisions.
A. Design of New Graffiti-Attracting Surfaces. Any applicant for design review approval, conditional use permit, special use permit, unclassified use permit, development agreement, or other form of development or building permit shall, to the extent deemed feasible by the City Manager, or his or her designee, have designed any building structures visible from any public or quasi-public place in such a manner as to consider prevention of graffiti, including, but not limited to, the following: (1) use of additional lighting; (2) use of nonsolid fencing; (3) use of landscaping designed to cover large expansive walls such as ivy or similar clinging vegetation; and (4) use of architectural design to break up long continuous walls or solid areas.
B. Retrofit Existing Graffiti-Attracting Surfaces. The following preventative measures may be ordered after providing adequate notice and the opportunity for a Chapter 1.30 CVMC abatement hearing. No graffiti need currently reside on the property before instituting such a proceeding, the City must only show that the surface of a structure has been defaced more than four times in six months and that the proposed retrofit is necessary and reasonable.
1. At Owner’s Expense. Any surface of a structure on a parcel of land which has been defaced with graffiti more than four times in six months, or the immediate area surrounding said surface, shall be required to be retrofitted, at the cost of the property owner of said lot, with such features or qualities as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof. In exercising the authority hereunder, the City may not impose a cost on the property owner greater than $750.00.
2. At City’s Cost. The owner of property on which is located a surface of a structure which has been defaced with graffiti more than four times in six months, or the immediate area surrounding said surface, shall permit the City to enter upon and make such modifications thereto, at city’s cost, which modifications shall include such features or qualities as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof. (Ord. 2997 § 1, 2005; Ord. 2496 § 1, 1992).