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HomeMy WebLinkAboutCC ORD 1995-2091 Adds §§ 10.54.090 and 10.54.092; amends §§ 10.54.010 and 10.54.070, graffiti control (10.54)ORDINANCE NO. 9 5 2 0 91 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING PORTIONS OF ORDINANCE NO. 94-2074, AMENDING SECTIONS 10.54.010 AND 10.54.070 OF THE NATIONAL CITY MUNICIPAL CODE, AND ADDING SECTIONS 10.54.090 AND 10.54.092 TO THE NATIONAL CITY MUNICIPAL CODE BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Section 1 (part) of Ordinance No. 94-2074, and Section 10.54.010 of the National City Municipal Code, are hereby amended to read as follows: 10.54.010 Definitions. Whenever in this chapter the following terms are used, they shall be deemed and construed to have the meaning ascribed to such respective terms in this section: A. "Abatement Notice" means a notice issued by the City Manager or his/her designee, or by a Department Director, which requires abatement of a public nuisance. B. "Abatement and Related Administrative Costs" include, but are not limited to, "City Funds" and "Expenses of Abatement," as defined herein. C. "Aerosol paint container" means any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or anything other than a solution which can be removed with water after it dries. D. "Deface" includes the application of graffiti to any exterior surface of any building, structure or immobile object. E. "City Funds" include, but are not limited to, court costs, attorney's fees, costs of removal of the graffiti or other inscribed material, costs of re pair and replacement of defaced property, and the law enforcement costs incurred by the City in identifying and apprehending the person who created, caused, or committed the graffiti on publicly or privately owned permanent real or personal property within the city. Ordinance No. 9 5 - 2 0 91 Page 2 of 5 F. "Expenses of Abatement" include, but are not limited to, court costs, attorney's fees, costs of removal of the graffiti, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the City in identifying and apprehending a minor who applies graffiti in violation of Section 10.54.020. G. "Felt tip marker" means any indelible marker or similar implement with a tip which, at its broadest width is greater than one -eighth (1/8th) inch, containing an ink that is not water-soluble or anything other than a solution which can be removed with water after it dries. H. "Graffiti" includes any inscription, drawing, word, figure or design that is marked, etched, scratched, drawn, painted, pasted to or otherwise affixed to or on the surface of any building, structure, structural component, wall, fence, pavement or any other surface, to the extent that same was not authorized in advance by the owner thereof, or despite such advance authorization, is otherwise unlawful. I. "Graffiti Implement" means an Aerosol Paint Container, a Felt Tip Marker, or a Paint Stick. J. "Minor," for purposes of the nuisance abatement cost collection provisions set forth in Sections 10.54.090 and 10.54.092, means a minor who has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Section 594, 594.3, 640.5, 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. K. "Paint Stick" means a device containing any 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 -eighth of an inch in width, visible from a distance of 20 feet, and not water-soluble. L. "Responsible Party" means any person who is the owner or tenant, or who has primary responsibility for control of property, or who has primary responsibility for the repair or maintenance of property. Ordinance No. 9 5 - 2 0 91 Page 3 of 5 Section 2. That Section 1 (part) of Ordinance No. 94-2074, and Section 10.54.070 of the National City Municipal Code are hereby amended to read as follows: 10.54.070 Use of City Funds to Remove Graffiti. The City shall be authorized, pursuant to Government Code Section 53069.3, to use public funds for the removal of graffiti from publicly or privately owned real or personal property, 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 graffiti cannot be removed cost effectively, in which case public funds may be used to repair or replace the portion of the property that was defaced, or unless the Responsible Party agrees to pay for the costs of repainting or repairing the more extensive area. Section 3. That Section 10.54.090 is added to the National City Municipal Code to read as follows: 10.54.090 Recovery of Abatement and Related Costs by Abatement Lien -- Procedure. A. Pursuant to Government Code Section 38773.2, the City may, by recordation of a lien, recover abatement and related administrative costs incurred in the summary abatement of any nuisance resulting from the defacement by a minor of the property of another, whether publicly or privately owned, by graffiti. The lien may be recorded upon a parcel of land owned by the minor, or upon a parcel of land owned by the parent or guardian having custody and control of the minor. Prior to recordation of the lien, the City shall serve upon the minor, or upon the parent or guardian having custody and control of the minor, the notice prescribed in this Section. B. The notice shall be served in the same manner as a summons in a civil action pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the minor, after diligent search, cannot be found, the notice may be served by posting a copy of the notice upon the property owned by the minor, in a conspicuous place, for a period of 10 days. If the parent or guardian having custody and control of the minor, after diligent search, cannot be found, the notice may be served by posting a copy of the notice upon the property owned by the parent or guardian having custody and control of the minor, in a conspicuous place, for a period of 10 days. The notice shall also be published pursuant Ordinance No. 9 5 - 2 0 91 Page 4 of 5 to Section 6062 in a newspaper of general circulation that is published in the county in which the property is located. C. A graffiti nuisance abatement lien shall be recorded by the City Clerk in the County Recorder's Office and from the date of recording shall have the force, effect, and priority of a judgment lien. D. A graffiti nuisance abatement lien shall specify the amount of the lien, the name and address of the responsible City Department, the date of the abatement order, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner (i.e., the minor, or parent or guardian having custody and control of the minor) of the parcel. E. In the event that the nuisance abatement lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in Subsection D shall be recorded by the City. F. A nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment. G. The City may recover from the property owner (i.e. the minor, or parent or guardian having custody and control of the minor) any costs incurred regarding the processing and recording of the nuisance abatement lien and providing notice to the property owner as part of its foreclosure action to enforce the lien. Section 4. That Section 10.54.092 is added to the National City Municipal Code, to read as follows: 10.54.090 Recovery of Abatement and Related Costs by Special Assessment -- Procedure. A. Pursuant to Government Code Section 38773.6, the City may, by placement of a special assessment, recover abatement and related administrative costs incurred in the summary abatement of any nuisance resulting from the defacement by a minor of the property of another, whether publicly or privately owned, by graffiti. The special assessment may be placed against a parcel of land owned by the minor, or upon Ordinance No. 95-2091 Page 5 of 5 a parcel of land owned by the parent or guardian having custody and control of the minor. B. A notice of special assessment shall be delivered by the City to the County Auditor, who shall place it on the County Assessment Roll. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the abatement and related administrative costs relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon prior to the date on which the first installment of the taxes would become delinquent, then the abatement and related administrative costs shall not result in a lien against the real property but shall instead be transferred to the unsecured roll for collection. Notices or instruments relating to the abatement proceeding or special assessment may be recorded. C. The City shall file a withdrawal of the notice of special assessment in the event the minor or the parent or guardian having custody and control of the minor pays in full the costs of abatement of the public nuisance. PASSED and ADOPTED this 7 t h day of February , 1995. -1.18.9" George eMayor g aters, Y ATTEST: - AN La f2-1— Lor Anne Peoples, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on February 7, 1995 by the following vote, to -wit: Ayes: Councilmen Beauchamp, Inzunza, Morrison, Zarate, Waters Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen None AUTHENTICATED BY: GEORGE H. WATERS By: Mayor of the City of National City, California City Cl rk of the City of National C ty, California Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on January 24, 1995 February 7, 1995 and on I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that th45a1 j and foregoing is a full, true and cor- rect copy of ORDINANCE NO. of the City of National City, passed and adopted by ted the Council of said City on February 7, 195 (Seal) By: City Clerk of the City of National City, California Deputy