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

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CHAPTER II.
NUISANCE ABATEMENT PROCEDURE

Sec. B27-11. Right of County to remove graffiti.

Whenever the Director determines that graffiti exists on any permanent surface on real or personal property located in the unincorporated areas of the County, which is visible from the street or other public or private property, the County may proceed to abate the nuisance pursuant to the provisions of this chapter and California Government Code § 25845.

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

Sec. B27-12. Notice to property owner.

(a) In order to commence proceedings under this chapter, the Director shall cause a written notice and order to abate to be served on the property owner.

(b) The notice shall be served, by personal delivery or regular, first class mail, on the owner(s) of the affected property, as such owner's name and address appear on the last equalized property tax assessment rolls of the County. In addition, if the property is known to be occupied by other than the record owner, a copy of the notice shall be sent by first class mail to the occupant at the property address.

(c) The notice shall inform the property owner that the graffiti exists, that it is a public nuisance, and that maintenance thereof constitutes a violation of the County Ordinance Code. The notice shall order that the graffiti be removed within five days of personal delivery or mailing of the notice, or the County will cause the nuisance to be abated at the expense of the property owner. It shall be in substantially the following form:

NOTICE OF INTENT TO REMOVE GRAFFITI

NOTICE IS HEREBY GIVEN that pursuant to County Ordinance Code Section B27-11, you are required at your expense to remove or paint over the graffiti in existence on the property located at (address), which is visible to public view, within five days after the date of this notice. If you fail to do so, County employees or other persons authorized by the County will enter upon your property and abate the public nuisance by removal or painting over the graffiti. The County's graffiti abatement costs and expenses will, if not paid, be assessed upon your property and such costs will constitute a lien upon the land until paid.

This order may be appealed to the Planning Director of the County of Santa Clara by filing written notice of the appeal with the Santa Clara County Planning Office, at the address set forth below, within ten calendar days from the date of this notice. Failure to file a timely notice of appeal shall constitute a waiver of any hearing or appeal.

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

Sec. B27-13. Appeals.

(a) Any timely appeal of an abatement notice issued under Section B27-12 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 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.

(b) Following the hearing, the Director shall determine whether the graffiti is a public nuisance and the abatement order should be upheld. The appellant shall be notified of the Director's decision in writing. The decision of the Director is final.

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

Sec. B27-14. Abatement following noncompliance.

If the property owner does not comply with the abatement order, or, in the event of an unsuccessful appeal, the Director may cause the graffiti to be removed from the property.

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

Sec. B27-15. Recovery of expenses incurred by County.

(a) The Director shall keep an itemized record of the graffiti abatement costs and expenses incurred by the County with respect to the property, and the full amount of these expenses shall be due and payable by the property owner within 30 days of removal.

(b) If the property owner fails to pay the entire amount due within this time, the debt shall become delinquent and may be collected by the County through any legal means, including special assessment and lien in accordance with the procedures set forth in Government Code § 25845 which authorizes the County to place a lien on real property through the tax roll.

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

Sec. B27-16. Stay of abatement proceedings during criminal prosecution of person responsible for graffiti.

Whenever criminal prosecution is pending against a person or persons alleged to have placed graffiti on property within the unincorporated area of the County, and the court has authority to order the defendant, if convicted, to remove the graffiti, then the Director may stay abatement proceedings under this chapter until the criminal prosecution has been completed and the judgment of the court has been rendered and has become final.

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

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