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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER I. GENERAL PROVISIONS

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER I.
GENERAL PROVISIONS

Sec. B27-1. Intent and purpose.

The Board of Supervisors finds that graffiti on public and private property in the County constitutes a threat to the public health, safety and welfare, in that the presence of graffiti is detrimental to property values, degrades the quality of life in the community, is often connected to gang activity and may therefore lead to an increase in crime, and, if not promptly removed, invites further vandalism.

The purpose of this division is to prevent the spread of graffiti and to establish mechanisms for its removal from property within the unincorporated area of the County, and for recovery of County costs associated with such removal. In order to accomplish this purpose, the County hereby establishes a graffiti abatement program. It is the intent of the County to hereby implement the provisions of Penal Code § 594 et seq. and Government Code § 53069.3 regarding graffiti abatement ordinances. It is further the intent of the County to work cooperatively with other governmental agencies in order to implement the most effective program for elimination of graffiti.

(Ord. No. NS-300.655, 8-28-01)

Sec. B27-2. Definitions.

As used in this division, the following terms shall have the meaning set forth in this section:

(a) Director means the Planning Director of Santa Clara County or his/her authorized designee.

(b) Graffiti means any unauthorized inscription, writing, lettering, word, figure, mark, design or other inscribed material that is written, marked, etched, scratched, drawn, painted or otherwise placed on real or personal property, whether public or private. "Unauthorized" means either without the prior consent of the property owner, or in violation of any law or regulation.

(c) Graffiti abatement costs and expenses includes the following costs and expenses incurred by the County in abating graffiti:

(i) The costs and expenses of removing graffiti from defaced property; and/or

(ii) The costs and expenses of repairing or replacing the defaced property when the County determines that removal of the graffiti would not be cost effective; and/or

(iii) The law enforcement costs and expenses incurred in identifying and apprehending a responsible party; and/or

(iv) The related administrative, overhead, direct or incidental costs incurred in performing or causing the performance of the enforcement, abatement or collection procedures described in this division.

(d) Responsible party means:

(i) Any person, including a minor, who has been determined by a court to have placed graffiti on the real or personal property of another person, including a minor who has been declared a ward of the Juvenile Court pursuant to California Welfare and Institutions Code § 602 by reason of the commission of an act of graffiti vandalism prohibited by the Penal Code; and

(ii) The parents or guardians having custody and control of a minor who is a responsible party.

(Ord. No. NS-300.655, 8-28-01)

Sec. B27-3. Graffiti abatement program established.

There is hereby created in the Environmental Resources Agency a graffiti abatement program, which shall include the following components: (a) community education regarding the prevention of graffiti, (b) administration and financing of graffiti removal on public and private property, and (c) enforcement of the provisions of this division. This program is intended to and shall satisfy the requirements of Penal Code § 594 for such a program, which authorizes local jurisdictions to enact graffiti abatement ordinances to establish penalties and restitution.

(Ord. No. NS-300.655, 8-28-01)

Sec. B27-4. Graffiti--Public nuisance.

The Board of Supervisors of the County of Santa Clara hereby declares that graffiti visible from a public right-of-way, or other public or private property, is a public nuisance which may be abated pursuant to the procedures set forth in this division.

(Ord. No. NS-300.655, 8-28-01)

Sec. B27-5. Graffiti--Prohibitions.

(a) It is unlawful for any person to place graffiti, as defined in Section B27-2, upon any public or private property within the unincorporated area of the County.

(b) It is unlawful for any person to aid, abet, or encourage another to place graffiti upon any public or private property within the unincorporated area of the County.

(c) It is unlawful for any person owning, leasing or otherwise in control of any real property within the unincorporated area of the County to allow or permit any graffiti to remain on any permanent structure located on such property for more than five calendar days after receiving the notice described in Section B27-12, when the graffiti is visible from the street or other public or private property.

(Ord. No. NS-300.655, 8-28-01)

Sec. B27-6. Criminal penalties.

Anyone convicted under California Penal Code § 594, 594.1, 594.3, 594.4, 640.5, 640.6, or 640.7 of acts of graffiti vandalism occurring within the County may be subjected by the court to the following, in addition to any applicable fines, imprisonment, and/or other punishment:

(a) The court may order the defendant to remove graffiti, clean up, repair, or replace the damaged property, or order the defendant and his/her parents or guardians if the defendant is a minor, as a condition of probation, to keep the damaged or defaced property or another specified property in the County free of graffiti for up to one year. Participation of a parent or guardian may be required, at the discretion of the court or Probation Department.

(b) The court may order the defendant to pay all or part of the costs incurred by the Sheriff in identifying and apprehending the defendant, provided that the court determines that the defendant has the ability to pay, and that such costs do not exceed the amount allowed by state law. Payment of law enforcement costs under this section shall not in any way limit, preclude, or restrict any other right, remedy or action otherwise available to the County for recovery of any other costs incurred by the Sheriff or other law enforcement agency.

(Ord. No. NS-300.655, 8-28-01)

Sec. B27-7. Remedies cumulative.

The remedies and procedures set forth in this division shall be cumulative to, and shall not foreclose the application of, any other existing legal remedies available.

(Ord. No. NS-300.655, 8-28-01)

Sec. B27-8. Reward.

(a) Pursuant to California Government Code § 53069.5, the County may offer a reward in an amount to be established by resolution of the Board of Supervisors for information leading to the identification, apprehension and conviction of any person who willfully damages or destroys any County-owned property, or without the permission of the owner or occupant, any other property located within the unincorporated area of the County by use of graffiti. The resolution may authorize a contribution to a joint reward fund offered on behalf of multiple governmental entities, in the event one is established.

(b) In the event of damage to public property, the convicted offender or the parent or legal guardian of any unemancipated minor so convicted must reimburse the County for any reward paid pursuant to this section. For the purposes of this section, diversion of the perpetrator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction.

(c) In the event of multiple contributors of information concerning the same act, the reward amount shall be divided by the County in the manner it deems appropriate and in furtherance of the purposes of this division. Claims for rewards under the section shall be filed with the County in the manner specified by the Board of Supervisors, and no claim shall be allowed unless the County verifies the accuracy of the claim and determines that the requirements of this section have been satisfied.

(Ord. No. NS-300.655, 8-28-01)

Sec. B27-9. Collection of abatement costs from responsible party.

(a) All responsible parties for graffiti removed by the County under this division shall be jointly and severally liable for the graffiti abatement costs and expenses.

(b) The Director shall, upon identifying a responsible party, send an invoice for such graffiti abatement costs and expenses to that party. The invoice shall contain at least the following information: the address or location of the defaced property; a summary of the graffiti abatement actions performed by the County; a description of the graffiti abatement costs and expenses incurred; the identity of the responsible parties and the basis for that determination; a description of the payment process, including the time within which and the place to which the graffiti abatement costs and expenses shall be paid; and a description of the process by which a responsible party may appeal the determination that he or she is a responsible party, and/or the amount of the graffiti abatement costs and expenses.

(c) The invoice shall be paid to the County within 30 days from the date of the invoice, unless timely appealed, in which case the time for payment shall be tolled during the pendency of appeal proceedings.

(d) A responsible party who has received an invoice under this section may appeal the determination that he or she is a responsible party, and/or the amount of the graffiti abatement costs and expenses, by filing an appeal with the Planning Office within ten calendar days of receipt of the invoice. Any timely appeal so filed shall be heard by the Director within 30 days of filing the appeal, or as soon thereafter as the matter may be scheduled for hearing. The Director shall provide to the appellant written notice of the time and place of the hearing at least ten calendar days in advance, by personal service or regular, first class mail. Following the hearing, the Director shall determine whether the appellant is a responsible party under this division and whether the amount of the invoice is appropriate. The appellant shall be notified of the Director's decision in writing and, unless the appeal is upheld, shall pay the invoice within 30 days of such notice. The decision of the Director is final.

(e) Any invoice which remains unpaid following the expiration of any appeal period and the time specified for payment may be collected as a special assessment against a parcel of land owned by a minor who is a responsible party, or by the parent or guardian having custody and control of the minor. Proceedings to collect the amount due shall comply with the requirements of California Government Code § 38773.6 which provides for collection of costs by recording a lien against real property owned by the responsible party for abatement of a nuisance.

(f) As an alternative to the collection process described elsewhere in this section, a responsible party may be required to pay for graffiti abatement costs and expenses as a condition of probation for a related offense.

(Ord. No. NS-300.655, 8-28-01)

Sec. B27-10. Removal by County with consent of owner.

(a) The Director shall implement one or more programs for the removal of graffiti, and may remove or authorize the removal of graffiti from publicly or privately owned real or personal property located within the unincorporated areas of the County and which is visible from any public right-of-way or any other public or private property. Such removal shall be at the County's expense, unless the County elects to recover the graffiti abatement costs and expenses from third parties or from the owner of the property, in accordance with other provisions of this division. The owner of such property will be encouraged to perform the removal with his/her own resources.

(b) The Director may authorize the replacement or repair of publicly or privately owned real or personal property that has been defaced with graffiti when the Director determines that the graffiti cannot be removed cost effectively.

(c) The Director may not, pursuant to this section, authorize the painting, repair or replacement of other parts of property that were not defaced with graffiti.

(d) Prior to commencing the removal of graffiti, and/or repair or replacement pursuant to this section, the Director shall obtain the consent of the owner of the defaced real or personal property, and such owner shall first execute a release and right of entry form permitting the graffiti removal.

(Ord. No. NS-300.655, 8-28-01)