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Summary of Ordinance 9/23/20ORDINANCE NO.2267 SUMMARY OF ORDINANCE own or are otherwise in control of any real or personal OF THE CITY OF CAMPBELL AMENDING TITLE 8 property upon which graffiti has been placed, remove PUBLIC PEACE, SAFETY AND MORALS ADDING such graffiti within seventy-two (72) hours after receiving notice from the City. NEW CHAPTER 8.42 GRAFFM ABATEMENT AND The city administrator may cause the abatement and PROOF OF PUBLICATION AMENDING TITLE 6.10NUISANCE ABATEMENT AND removal of graffiti an public or private property in 0 7 5.5 ADMINISTRATiVEPENALTIESTOUSTCNAPTER accordance with the following procedure: (a) The city administrator, shall issue a (2 c. e. p .) 8.y2A5ANUt5diA10EANDAMEND5ECT1{}N610.240 notice ofint seventytwo•hourwrittennoticeofintenttoabatethe PROOF OF PUBLICATION ASSESSMENTOF COSTS AGAINST PROPERTY LIEN graffiti- The notice shall beserved onthe property owner State of California The following is a summary of an ordinance of the City Council of the City of Campbell that was introduced at or person in control of the property in accordance with the methods set forth in this section. County Santa Clara the regularly scheduled Council Meeting of September (b) The notice of intent to abate the graffiti shall of L 2020. and adopted at the regularly scheduled Council substantially follow the form set forth in this section. I am a citizen of the United Meeting of September g,2020inthe Council Chambers (c) The owner or person in control of the properly States and a resident of the at Campbell City Hall located at 70 N. First Street, Camphetl,California 95008: affected may appeal the order of abatement to the council, Theappeatshall befiled with the city clerk with State of California: I am over THE CITY COUNCIL OFTHE CITY OFCAMPBELLDOES ORDAIN AS FOLLOWS: a letter statingthereasons for the appeal and appeal fee A hearing officer designated pursuant to Section 6.10.210 7 8 SECTION L Chapter 8.42 "Graffiti Abatemenf' is added shalt bear such appeals. the age of years, and not to Title 8 "Public Peace, Safety and Morals" of the City of The city clerk shall notify the applicant within fifteen 45) to interested in the Campbell Municipal Code as follows: days of the date, time and location at which the hearing party or above -entitled matter. I am the Chapter W GRAFFITI ABATEMENT e-42otoCouncil Findings. officer shall hear the appeal. The hearing officer shall hear and consider all relevant evidence, objections or principal clerk of the printer of The city council of the City of Campbell finds and declares that graffiti is detrimental to the community, protests, relevant to the alleged public nuisance and proposed abatement measures. Vf l i 1 Valley's Metro Silicon aey s Weekly to the public health and safety, and is inconsistent with the City's property maintenance goals and aesthetic (d) The city administrator is authorized to cause the graffiti to be removed by the City orprivate contractor Newspaper 380 South first standards. The council further finds that prompt removal seventy-two (72)hours after service of the notice. It the � + Street, San Jose, 1. a l forn % a of graffiti is necessary to disincentivi2e its spread. The council finds that regulation of graffiti by the City abatement order is appealed, the city administrator is authorized to cause the graffiti to be removed not 451 13 a newspaper published is necessary in order to protect the public health• safety and welfare.itisthe intent ofthe city council, that the less than twenty-four (24) hours after the decision of the hearing officer declaring the graffiti to be a public in the English language in the taw enforcement agencies of the City strictly enforce the taw and severely those persons engaging in the nuisance. (e) The city administrator shalt keep an account of the Cf San Jose � led defacement of public and private properties. cost of abatement and an itemized report to the city of anrad 7 z IUd�7 The city council further finds that abatement costs for council shalt be filed with the city clerk. The report shall a newspaper of general clrculo- violation of this Chapter should be recovered by the City identify each separate lot or parcel of land, together with tion as defined by the laws of &42.020 Declaration of graffiti as a public nuisance. This declares the expense proposed be assessed against each separate tot or parcel of land. the State of Cali ornia by the f section graffiti a public nuisance. g,42-030 Definitions. IT) The total administrative costs of abatement shall be a personal obligation of the owner or other person in Superior court of the county of This section sets forth the definitions of the terms_ -administrative costs,- "aerosol paint container." "expense control of the property. Such costs must be paid within thirty (3o) days demand for of abatement," "felt Up marker," "graffiti," after receiving a payment Santa Clara, State of California, "graffiti implement,"minor' "paint stick." "graffiti stick." from the City. If not paid in full after the thirty (30) days. 7 !7 on April7, 7988, Case No. property "structure," 'surface," 'responsible minor" and 'responsible person." the total costs of abatement shall constitute a special assessment or a lien against the property subject to the 657274; that the notice of which 8.4Z%0Graffiti prohibited. It is unlawful for an owner of real property or person graffiti abatement. The city shall follow procedures set forth in section is in controlof real property, within the City, to permit or 6.10.200 of the Campbell Municipal Code prior to seeking annexed a printed copy allow graffiti to remain for seventy -tyro (72) hours on any the special assessment or recordation of the lien, has been published in each surface of that property and visible to the public (g) The total expense of abatement, including regular and entire issue of said This section applies to public and private property in all zoning districts of the City administrative costs, shall be a personal obligation of any minor responsible for the graffiti upon the properly newspaper and not in any sup- 6 4ZO50 Possession of graffiti implement by minors prohibited. subject to the abatement. Such costs must be paid within thirty (30) days after receiving a demand for payment thereof the follow- It is unlawful for any person under the age of eighteen from the City. element On {t8), to possess an aerosol paint container, a felt tip The parent or guardian of the minor responsible for 1 ng dates to With: marker, a paint stick or graffiti stick, while on private the graffiti shalt be jointly and severalty liable with the property without permission from the property owner. minor. Expense of abatement and administrative costs September 23 - 2020 8A2.o6o Possession of graffiti implement in public shall constitute a personal obligation of the parent or 1 declare) places guardian. Such costs must be paid within thirty (3o) days certify (or under It is unlawful for any person to possess an aerosol paint after receiving a demand for payment from the City. of that the Lonlamer, a felt tip marker, a paint stick orgraffiti stick If not paid in full after the thirty (30) days, the total rosts penalty perjury n any: of abatement shall constitute a special assessment or a foregoing i$ true and correct. • public park lien against any real property owned by the minorandf • playground or constitute a special assessment Ora lien against any beach real property owned by the parent or guardian. Dated: September 23 2020 pi other public pool •other public recreational facility Anyre&42.0oonstReminor Any responsible minor or person who created, caused. Or while loitering in or near: or committed the graffiti on publicly or privately owned • an underpass personal or real property within the City shall be liable At San Jose, California •bridge abutment to the Citytortheexpense ofabatement ofsuch graffiti • storm drain and administrative costs other similar types of infrastructure Any responsible minor of person owing money to the This section does not apply to someone traveling to or City under this section shall be liable in any action from a school when the teacher has required the use of brought in the name of the City for the recovery of the !` / an aerosol paint container, a felt tip marker, a paint stick expense of abatement of such graffiti and administrative Dave Millar or graffiti stick $42.070 Graffiti removal. costs. 8.42.100 Parental liability. The city manager may implement programs for the Any parent or legal guardian who allows his or her fremoval at graffiti, at the City s expense, without minor to possess a aerosol paint ronlainer, a felt tip reimbursement from the owner or person in control of marker, a paint stick or graffiti stick shall he jointly j the property. However, the City may elect to recover the and severalty liable for the expense of abatement and costs for removal of the graffiti and/or administrative administrative costs incurred in connection with the costs from third parties if certain conditions are met. graffiti caused by the minor. Such liability is in addition this section authorizes the City to use public funds to to any other liability imposed by law, remove graffiti on public or private property. The City The parent or legal guardian shall also be liable to the may not paint or repair an area more extensive than is City for the expense of abatement, or such fine, levy or required to remove the graffiti, unless the city manager, administrative cost levied against the minor. or designee, determines that a more extensive area is 8.4zfiW Procedures in this chapter cumulative to other required to be repainted or repaired to avoid an aesthetic legal remedies. disfigurement to the neighborhood or community. The procedures set forth in this Chapter shalt be 84ZOM Abatement and cost recovery proceedings cumulative to, and shalt not foreclose the application of. It shall be the primary obligation of all persons who any other existing legal remedies. 8.42.120 Criminal penatt). Violations of this Chapter are an infraction, but if certain specified criteria are met then the violation is a misdemeanor. 8.42 i3o Suspension or delay of driving privileges. For any person convicted between the ages of thirteen (13) to twenty-one (21) for violating Campbell Municipal Code 8.41040(a), the City shalt petition the court to suspend the persons driving privileges or delay the issuance of driving privileges. SECTION 2. Subparagraph (00 of paragraph (6) of subsection ta) of Campbell Municipal Code section 6.10.020 is hereby amended to provide that a violation of the newly added Chapter 842 is a public nuisance. SECTION 3. Section 6.10.200 Assessment of Costs against Property— Lien" deleted in its entirety and replaced as follows: tr.to_,00 Assessment of costs against property. This section details the methods by which the City may recover enforcement or administrative costs following abatement of a nuisance. The City may recover such costs either via a lien or special assessment on the property. Subsection (a) provides for the recovery of enforcement or administrative costs expended by the City to ahate a nuisance via a lien on the property. Subsection (b) provides forthe recovery of enforcement or administrative costs expended by the City to abate a nuisance via a special assessment on the property SECTION 4. The City Council finds that this ordinance is exempt from the requirements of the California Environmental Quality A(L SECTION 5.If any section, subsection, sentence, clause or phrase of the ordinance is for any reason held to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this ordinance. SI CTION 6. This ordinance shall be in full force and effect thirty {3o) days from and after the date of its adoption. SECTION7. The City Clerk is directed to cause copies of this ordinance or summaries thereof to be posted andl or published in accordance with Section 36933 of the California Government Code. A certified copy of the full text of the ordinance can be reviewed in the office of the City Clerk PASSED AND ADOPTED this 75th day of September. 2o2o by the following roil call vote: AYES: Councilmembers- Waterman, Bybee, Resnikoff, Gibbons, Landry NOES: Counci(memhers: None ABSENT. Councitmembers: None APPROVED: Susan M. Landry. Mayor ATTEST. Andrea Sanders, Deputy City Clerk ....................