§ 9-2514. GRAFFITI ABATEMENT.

(a)

Intent and Purpose. The Council of the City of Fresno finds and determines as follows:

(1)

Graffiti on public or private, real or personal property reduces the value of such property, promoting blight and deterioration of surrounding property, resulting in loss of pride in affected neighborhoods, loss of business to neighboring commercial enterprises, and loss of enjoyment of life for persons using adjacent and surrounding properties.

(2)

Graffiti that remains on property for a 48 hour period is a public nuisance and its prolonged presence on property promotes additional graffiti and crime in the area marked with graffiti.

(3)

The presence of graffiti is inconsistent with the City's goals of maintaining property, preventing crime, and preserving aesthetic standards.

(b)

Definitions. For purposes of Section 9-2514:

(1)

"City Manager" means the Chief Administrative Officer of the City of Fresno, or his/her authorized representative.

(2)

"Graffiti" or "inscribed material" includes but is not limited to any form of unauthorized inscription, word(s), figure(s), mark(s), design(s) whether written, marked, etched, scratched, drawn, painted or otherwise affixed, attached, or placed by means of a sticker or decal on any real or personal, public or private property.

(3)

"Expense of abatement" includes, but is not limited to, court costs, attorney's fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, costs of administering and monitoring the participation of a responsible person and his/her parent(s)/guardian(s) in a graffiti abatement program, and the law enforcement costs incurred by the City of Fresno in identifying and apprehending the responsible person(s) or otherwise the cause of contributing or aiding and abetting in the placement of graffiti or other inscribed material.

(4)

"Minor" means any person under 18 years of age who has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Section 594, 594.3, 604.5, 640.6 or 640.7 of the Penal Code, or a minor convicted by final judgment of a violation of Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code, or a minor declared a ward of the Juvenile Court pursuant to Section 602 of the Welfare and Institutions Code by reason of the commission of an act prohibited by Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code.

(5)

"Responsible Person" means any person violating this article or any person who has confessed to, admitted to or pled nolo contendere to a violation of Section 594, 594.3, 604.5, 640.6 or 640.7 of the Penal Code, or a person convicted by final judgment of a violation of Section 594, 594.3, 604.5 or 640.7 of the Penal Code, or a minor declared a ward of the Juvenile Court pursuant to Section 602 of the Welfare and Institutions Code by reason of the commission of an act prohibited by Section 594, 594.3, 640.5, 640.6 or 640.7 of the Penal Code.

(6)

"Unauthorized" means either without the prior consent of the property owner or in violation of any law or regulation.

(7)

"Director" shall include any person authorized to issue citations pursuant to Fresno Municipal Code Section 1-406(k).

(c)

Graffiti prohibited. It is unlawful for any person, regardless of age, to paint or chalk, or otherwise apply graffiti, as defined in Section 9-2514(b), upon public or private, real or personal property of any kind within the City of Fresno.

(d)

Aiding or abetting graffiti prohibited. It shall be unlawful for any person, regardless of age, to aid, abet or encourage another to paint, etch or in any other manner apply graffiti upon public or private, real or personal property of any kind within the City of Fresno.

(e)

Violation. Any violation of Section 9-2514 shall be a misdemeanor. Alternatively, an administrative citation carrying the following fines may be imposed pursuant to Section 1-306 of this Code:

(1)

If the amount of defacement, damage, or destruction is fifty thousand dollars ($50,000) or more the administrative citation shall not carry a fine in excess of fifty thousand dollars ($50,000).

(2)

If the amount of defacement, damage, or destruction is five thousand dollars ($5,000) or more, but less than fifty thousand dollars ($50,000) the administrative citation shall not carry a fine in excess of ten thousand dollars ($10,000).

(3)

If the amount of defacement, damage, or destruction is four hundred dollars ($400) or more, but less than five thousand dollars ($5,000) the administrative citation shall not carry a fine in excess of one thousand dollars ($1,000).

(4)

If the amount of defacement, damage or destruction is less than four hundred dollars ($400) the administrative citation shall not carry a fine in excess of five hundred dollars ($500).

(f)

Public property. Whenever a person violates Section 9-2514 with respect to real property, vehicles, signs, fixtures, or furnishings belonging to the City of Fresno, or any other public entity as defined in Section 811.2 of the Government Code, or the federal government, it shall be a permissive inference that the person neither owned the property nor had the permission of the owner to deface, damage, or destroy the property.

(g)

Parent/guardian liability. If a person under 18 years of age is personally unable to pay an administrative fine for acts prohibited by Section 9-2514, or any restitution ordered by the court after the minor is declared a ward of the Juvenile Court pursuant to Section 602 of the Welfare and Institutions Code, the parent(s) or guardian in custody or control of said person shall be liable for the payment of the fine. The City Manager may waive payment of the fine or any part thereof by the parent/guardian upon a finding of good cause.

(h)

Use of City Funds to Abate Graffiti. The City of Fresno is authorized to use City funds to remove graffiti or other inscribed material from publicly or privately owned real or personal property located within the City and to replace or repair public or privately owned property within the City that has been defaced with graffiti or other inscribed material that cannot be removed cost effectively. Only the graffiti or inscribed material itself shall be removed unless the graffiti or inscribed material cannot be removed cost effectively, then repair or replacement of the portion of the property that was defaced is permissible. The removal, repair or replacement may be performed in the case of publicly owned real or personal property, only after securing the consent of the public entity having jurisdiction over the property, and in the case of privately owned real or personal property, only after securing the consent of the owner or possessor.

(i)

Liability for Expense of Abatement.

(1)

Each responsible person shall be responsible to the City for the expense of abatement. The City may seek recovery of the expense of abatement by any means authorized by law.

(2)

Pursuant to Government Code Section 38772, a minor and the parent(s) or guardian(s) having custody and control of said minor are jointly and severally liable to the City for the expense of abatement. The expense of abatement may become a special assessment or a lien against the property of the minor and/or the property of the parent(s) or guardian(s) having custody and control of the minor. The procedures set forth in Section 1-513 shall be followed for the imposition of a special assessment or a lien.

(3)

Alternatively, the City may seek recovery of damages, including the expense of abatement, pursuant to Civil Code Section 1714(b), jointly and severally against the parent(s) or guardian having custody and control of person under 18 years of age whose act of willful misconduct resulted in the defacement of property of another with paint or similar substance.

(4)

Any restitution amount received for the City's abatement of graffiti may be used to support the City's graffiti abatement expenses.

(j)

Preservation of Evidence. The Police Department may promulgate procedures for the pre-removal preservation of sufficient evidence of the graffiti or other inscribed material for criminal prosecution or proceedings. Said procedures shall be followed by the City prior to or during removal of the graffiti or other inscribed material.

(k)

Graffiti as a public nuisance. The presence of graffiti or other defacing words, letters, or drawings on any building or structure, any motor vehicle, boat, trailer, or other property for a 48 hour period is a public nuisance. It is the responsibility of the property owner or occupant to remove graffiti within 48 hours unless consent is given for abatement by the City.

(1)

Enforcement. Failure to remove graffiti within 48 hours or to consent to abatement by the city will result in enforcement pursuant to the procedures set forth in Chapter 10, Article 6 or Chapter 10, Article 7 of this Code.

(2)

Appeals. Appeal of any Notice and Order or Administrative Citation issued for failure to comply with the provisions of this section shall be made pursuant to the procedures in Chapter 1, Article 4 of this Code.

(3)

Administrative Abatement. The City may proceed with administrative abatement pursuant to Section 10-616 of this Code if the property owner or occupant has failed to timely comply with the final order after any Notice and Order issued for failure to comply with the provisions of this section has become a final order, either by decision of the hearing officer affirming or modifying the same, or by failure to file an appeal within the time prescribed in Chapter 1, Article 4,

(4)

Cost Recovery. The City may seek recovery of costs associated with abatement of graffiti from the property owner or occupant pursuant to Chapter 1, Article 5 of this Code.

(Added Ord. 92-30, § 1, eff. 6-19-92; Am Ord. 99-21, § 1, eff. 5-17-99; Am. Ord. 2002-51, § 13, eff. 10-31-02; Am. Ord. 2008-37, § 1, eff. 7-25-08).