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HomeMy WebLinkAbout71.150 ORDINANCE NO. 71-J50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADDING ARTICLE 3-25 TO CHAPTER 9.05 OF THE CODE OF THE CITY OF SARATOGA RELATING TO GRAFFITI The City Council of the City of Saratoga hereby ordains as follows: Section 1. Article 3-25 is hereby added to Chapter 9.05 of the Code of the City of Saratoga as follows: "Article 3-25 GRAFFITI. Section 3-25,010 Declared nuisance. (a) The defacing of public and private property, results in the creation of unsightly graffiti. Graffiti reduces property values, encourages blight and frequently becomes a forum of gang related potentially criminal activities. (b) For the reasons stated in subsection (b), the city council finds and declares that the presence of graffiti on private or public property constitutes a public nuisance which may be abated as such in accordance with provisions of this chapter, or any other applicable provision of law. Section 3-25.020 Definitions. Graffiti means the intentional spraying of paint or marking of paint, ink, chalk, dye or other similar substances upon private or public property without permission of the owner of the property. Section 3~25.030 Graffiti prohibited. It is unlawful for any person to intentionally place graffiti upon any private or public property. Section 3-25.040 Council to determine costs. The City Council shall from time to time determine and fix an amount to be assessed as administrative costs excluding the actual cost of removal of the graffiti, in accordance with Section 3-15.120. Section 3-25.050 Authority to remove. Upon discovering the existence of graffiti on private or public property within the city, the City Manager shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this Article. Section 3-25.060 Graffiti removal. The City Manager shall determine the type of removal process, which may include, but is not limited to painting out, washing of surface, sanding or fence plank replacement. Section 3-25.070 Prior consent for removal. Private property owners may submit prior written consent authorizing the city to abate graffiti upon discovery. Section 3-25.080 Notice of intention to abate and remove graffiti - Form. (a) If a prior written consent pursuant to Section 3-25.070 has not been submitted to the city by the current owner of the real property shown on the last equalized assessment roll of the County or as known to the City Manager, the City Manager shall cause a notice of intention to remove graffiti to be mailed by registered or certified mail to the owner of the real property upon which graffiti has been unlawfully applied. The notice shall advise the following: (1) If consent to remove the graffiti is provided to the city by the owner, or by any person authorized by the owner, within ten days of mailing the notice, the city shall remove the graffiti at no cost to the owner. (2) If the owner objects to removal of the graffiti by the city and/or to the costs which shall be assessed to the owner the owner may request a hearing before the Board of Appeals pursuant to Section 3-15,080 of this chapter by delivering to the office of the City Manager within ten days of the mailing of the notice, a written request for a hearing in the form described in subsection (b), herein. (3) If within ten days of the mailing of the notice, the graffiti has not been removed and the city has not received from the owner either a consent to remove the graffiti or a written request for a public hearing, then the city shall be entitled to remove the graffiti and assess the costs of administration and removal of the property owner. (b) The notice of intention to remove graffiti shall be in substantially the following form: NOTICE OF INTENTION TO ABATE AND REMOVE GRAFFITI Re: Graffiti at (property address) As owner shown on the last equalized assessment roll of the real property located at you are hereby notified that the undersigned had determined pursuant Section 3-25,010 of the Saratoga Code of the City of Saratoga that there exists upon said real property certain graffiti which constitutes a public nuisance. The City of Saratoga desires to remove the Graffiti as quickly as possible. If within ten (10) days of the mailing of this notice you, or any person authorized by you, provides the City with written consent to remove the Graffiti, the City shall remove the Graffiti at no expense to you as the owner. If within ten (10) days of the mailing of this notice, the Graffiti has not been removed and the City has not.-received from you written consent to remove the 2 Graffiti, the city shall determine the Graffiti a public nuisance and assess the costs of administration and removal to you without a hearing. If you object to the removal of the Graffiti from your property by the City and/or to the costs which shall be assessed to you pursuant to the terms of this letter, you may request a hearing before the Board of Appeals pursuant to Section 3-15.080 of the Code of the City of Saratoga by delivering to the City Manager within ten (10) days of the mailing of this notice, a written request for a hearing setting forth the nature of your objections. You may appear in person at any hearing, or by any other responsible party or, in lieu thereof, you may present a sworn statement of the reasons you object to the removal of the graffiti from your property by the City and/or to the costs to be assessed. The sworn statement must be delivered to the City Manager before the time set for the hearing. If you desire the City to remove the graffiti from your property at no expense to yourself, please provide written consent to the City on or before , 199__. A consent form is included with this notice, for your convenience. Notice mailed: City Manager City of Saratoga Section 3-25.090 Treble damages. Upon entry of a second or subsequent civil or criminal judgement within a two-year period finding that any person is responsible for the unlawful application of graffiti, a fine in the amount of three times the costs of abatement shall be paid by the violator ( s ) . Section 2: This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of Saratoga held on the ~ day of Septen~bm- , 1995, by the following vote. AYES: Councilmembers BuFger, Moran, Wolfe and Mayor .]acobs NOES: None ABSENT: C0unci]member Tucker MAYOR ATTEST: City C~rk COp~' Of Ordinance ~l~ which has been