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Proof of Publication 09/23/20 (2)ORDINANCENO.2267 SUMMARY OF ORDINANCE OF THE CiTY OF CAMPBELL AMENDING nTiE 8 PUBLIC PEACE, SAFETY AND MORALS ADDING NEW CHAPTER W GRAFFTTi ABATEMEW AND PROOF OF PUBLICATION AMENDING TITLE 6.ioNUISANCE ABATEMENTAND (2015.5 ADMINISTRATIVE PENALTIESMUST CHAPTER c.C. p. J PROOF OF PUBLICATION WAS AS A NUISANCE AND AMEND SECTION Mateo ASSESSMENT OF COSTS AGAINST PROPERTY LIEN State of California The following is a summary of an ordinance of the City Council of the City of Campbell that was introduced at County of Santa Clara the regularly scheduled Council Meeting of September l am a citizen of the United L 2020, and adopted at the regularly scheduled Councit Meeting of September 15,2020 in the Council Chambers States and a resident of the at Campbell City Halt located at 7o N- First Streel, Campbell, Californiag5oo8: State of California: I am over THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES ORDAIN AS FOLLOWS: the age of 18 years and not SECTIONLChapter8.42'GraffitiAbatement"is added Tt€e "Public and i party to or interested in the to 8 Peace, Safety Morals" of the City of Campbell Municipal Code as follows: above -entitled matter. I am the Chapter W GRAFFITI ABATEMENT a42.010Council Findings. principal clerk of the printer of The city council of the City of Campbell finds and declares that graffiti is detrimental to the community, Metro Silicon Valle's Week! to the public health and safety, and is inconsistent with y ytheCity'spropertymaintenancegoalsandaesthetic Newspaper, 380 South First standards. The council further finds that prompt removal Street, San Jose, California of graffiti is necessary to disincentivize its spread. Thecouncilfin tshatregutattonofIfraffiIibytIteCity 95I7 13 a newspaper published is ncessary in order to protect the public health, safety andeweffare.ItistheintentofthecitycounciLthatthe in the English languor e in the law enforcement agencies of the City strictly enforce the taw and severely those persons engaging in the City of San Jose, and ad ud ed defacement of public and private properties. i 9 a newspaper of general C1rCUla- The city council further finds that abatement costs for violation of this Chapter should be recovered by the City, lion as defined 6 the laws of &42-o20Declaration ofgraffitiasapublic nuisance. This section declares graffiti a public nuisance. the State of California by the &42.°eo°efi""°"r This forth Superior court of the county of section sets the definitions of the terms: yadministrativecosts," "aerosol paint container,' "felt tf Santa Clara, State of California, expense of abatement." tip marker," "graffiti" "grafftliimplement,""minor' "pairustick""graffitistick." "property;' on April7, 7 988, Case No. "structure.' "surface." "responsible minor" and"responsible person." 657274• that the notice of which r annexed is a printed copy It is unlawful It is unlawful for an owner of real property or person in control of real property. within the City, to permit or has been published in each allow graffiti to remain for seventy-two (72) hours on any surface of that property and visible to thepublic- regular and entire issue of said Thissection applies to public and private property in all zoning districts of the City. newspaper tand not in an (J y $p- 8'42'650Possession ofgraffrtiimplement byminors plement thereof on the follow" prohibited. It is unlawful for any person under the age of eighteen rng dates to with: (18), to possess an aerosol paint comainer, a felt tip marker. a paint stick or graffiti stick, while on private September 23 - 2020 property without permission from the property owner. 8.42.060 Possession of graffiti implement in public If certify (or declare) under Places It is penalty of perjury that the unlawful for any person to possess an aerosol paint container, a felt tip marker, apaint stick orgraffiti stick foregoing is true and correct. in any: 'public park • playground • beach Dated: September 23 2020 r swimool `otherpngcrec other public recreational facility Or white loitering in or near At San Jose, California • an underpass •bridge abutment • storm drain other similar types of infrastructure This section does not apply to someone traveling to or from a sdioof when the teacher has required the use of an aerosol paint container, a felt tip marker, a paint stick or graffiti stick Pave Mills 8.42.070 Graffiti re otivalL p The city manager may implement programs for the f removal of graffiti, at the City's expense, without reimbursement from the owner or person in control of the property. However, the City may elect to recover the costs for removal of the graffiti and/or administrative costs from third parties if certain conditions are met. This section authorizes the City to use public funds to remove graffiti on public or private property. The City may not paint or repair an area more extensive than is required to remove the graffiti, unless the city manager. or designee, determines that a more extensive area is required to be repainted or repaired to avoid an aesthetic disfigurement to the neighborhood or community 8.41o8o Abatement and cost recovery proceedings It shall be the primary obligation of all persons who own or are otherwise in control of any real or personal property upon which graffiti has been placed, remove such graffiti within seventy-two (72) hours after receiving notice from the City The city administrator may cause the abatement and removal of graffiti on public or private property in accordance with the following procedure: (a) The city administrator, or designee, shall issue a seventy -two-hour written notice of intent to abate the graffiti_ The notice shall be served on the property owner or person in control of the property in accordance with the methods set forth in this section. (b) The notice of intent to abate the graffiti shall substantially follow the form set forth in this section. (c) The owner or person in control of the property affected may appeal the order of abatement to the council, The appeal shalt be filed with the city clerk with a letter stating the reasons for the appeal and appeal fee. A hearing officer designated pursuant to Section 6.10.210 shalt hear such appeals. The city clerk shalt notify the applicant within fifteen (15) days of the date, time and location at which the hearing officer shall hear the appeal The hearing officer shalt hear and consider all relevant evidence, objections or protests, relevant to the alleged public nuisance and proposed abatement measures (d) The city administrator is authorized to cause the graffiti to be removed by the City or private contractor seventy-two 02) hours after service of the notice. If the abatement order is appealed, the city administrator is authorized to cause the graffiti to be removed not less than twenty-four (24) hours after the decision of the hearing officer declaring the graffiti to be a public nuisance. (e) The city administrator shall keep an account of the cost of abatement and an itemized report to the city council shall be filed with the city clerk. The report shalt identify each separate lot orparcel of tand, togetherwith the expense proposed be assessed against each separate lot or parcel of land. (f) The total administrative costs of abatement shall be a personal obligation of the owner or other person in central of the property. Such costs must be paid within thirty (30) days after receiving a demand for payment from the City. If not paid in full after the thirty (3o) days, the total costs of abatement shall constitute a special assessment or lien against the property subject to the graffiti abatement. The city shalt follow procedures set forth in section 6.10.200 of the Campbef( Municipal Code prior to seeking the special assessment or recordation of the lien. (g) The total expense of abatement, including administrative costs, shall be a personal obligation of any minor responsible for the graffiti upon the property subject to the abatement: Stich costs must be paid within thirty (30) days after receiving a demand for payment from the City. The parent or guardian of the minor responsible for the graffiti shalt be jointly and severally Gable with the minor Expense of abatement and administrative costs shall constitute a personal obligation of the parent or guardian. Such costs must be paid within thirty (30) days after receiving demand for payment train the City. If not paid in full after the thirty (30) days, the total costs of abatement shall constitute a special assessment or a Gen against any real property owned by the minor and;' or constitute a special assessment or a lien against any real property owned by the parent or guardian. 8.41OW Cost Recovery. Any responsible minor at person who created, caused, or committed the graffiti on publicly or privately owned personal or real property within the City shall be liable to the City for the expense of abatement of such graffiti and administrative costs ' Any responsible minor or person owing money to the City underthis section shall be liable in any action brought in the name of the City forthe recovery of the expense of abatement of such graffiti and administrative costs. W.100 Parental liability. Any parent or legal guardian who allows his or her minor to possess a aerosol paint ronlainei, a felt tip marker, a paint stick or graffiti stick shall be jointly and severally liable for the expense of abatement and administrative costs incurred in connection with the graffiti caused by the minor. Such liability is in addition to any other liability imposed by law. The parent or legal guardian shalt also be liable to the City for the expense of abatement, or such fine, levy or administrative cost levied against the minor. 8.42.110 Procedures in this chapter cumulative to other tegat remedies. The procedures set forth it, this Chapter shalt be cumulative to, and shall not foreclose the application of, any other existing tega( remedies. 8-42.120 Criminal penalty.