HomeMy WebLinkAboutOrdinance #3003 ORDINANCE NO. 3003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH CONFIRMING GRAFFITI TO
BE A PUBLIC NUISANCE AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO DISPOSE OF SAME
WHEREAS, the City Council of the City of Huntington
Beach has declared graffiti on private property to be a public
nuisance; and
Said City Council also recognizes certain graffiti to be
especially offensive when same is either pornographic or
ethnic, religious or racial in nature.
NOW, THEREFORE, BE IT ORDAINED by the City Council of
the City of Huntington Beach that pursuant to California
Government Code Sec. 53069 .3, the Director of Public Works or
his designee is hereby authorized to enter on to private
property to dispose of said graffiti under terms as follows :
SECTION 1. Upon personal observation or the receipt of
a complaint of offensive graffiti as noted above, the Director
may deliver or cause to be delivered a letter to the property
owner advising said owner of this ordinance. That letter shall
also include a CONSENT TO ENTER AND A RELEASE OF LIABILITY form
for the signature of the property owner. A copy of said form
is here attached and made a part hereof .
SECTION 2. Said form must be returned within
twenty-four (24) hours to the Director if the property owner is
to avoid prosecution under the provisions of the Huntington
Beach Municipal Code, Chapter 17. 10.
SECTION 3. When said form is returned within the time
1 _
frame noted above, the cost of abatement is to be borne by the
City and paid from an account established for that purpose.
SECTION 4 . This ordinance shall take effect thirty (30)
days after its passage.
PASSED AND ADOPTED by the City Council of the City of
adjourned
Huntington Beach at a/regular meeting thereof held on the 5th
day of July 1989 .
Mayor Pro-Tempore "
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorn y
R WED AND APPR VED: I ITIATED AND AE OVED:
Cit Administrator Director cf Public Works
2 3003
CONSENT TO ENTER AND RELEASE OF LIABILITY
TO THE CITY OF HUNTINGTON BEACH:
1 . The undersigned owner of the property, or agent
representing the property owner at the address indicated
below, hereby consents to entry upon said property by
personnel and equipment of the City of Huntington Beach,
as it is necessary to remove, reduce or obliterate the
writing of graffiti on the
[ ] Fence [ ] Wall [ ] Building
[ ] Other Improvement
at by using
(address)
vapor steam, sandblasting, painting or use of solvents .
2 . I understand that the cleaning may be in blocks or
stripes where the lettering appears and that the cleaned
or processed area may not match precisely, but every
effort will be made to match colors to the remainder of
the above improvement, that the cleaning will not
include the entire surface but only blocks, patches or
stripes thereof, and the City assumes no responsibility
if the colors do not precisely match; and that some
residue of the existing graffiti may remain.
3 . I request and authorize the City to enter and use said
equipment with full knowledge of the above.
4 . I hereby release the City of Huntington Beach, and its
officers, agents and employees of and from any and all
claims, demands, causes of action, or obligations
whatsoever arising out of or relating to entry on my
property, any incidental damage to shrubs or plants, or
the cleaning operations as described above.
NAME•
ADDRESS•
TELEPHONE NO. : ( )
DATE: SIGNATURE:
RETURN TO MAINTENANCE OFFICE
Ord. No. 3003
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
adjourned meeting therof held on the 26th 'day of June
1989 and was again read to said City Council at a regular adjourned
meeting therof held on the 5th day of Ju1.Y , 19 89, and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
MacAllister, Green, Winchell , Mays, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Bannister
I, Connie Brockray CITY CLERK of the City of
Huntington Beach and ex officio Clerk of the Cityemv�
Council,do t*"e y 70-*y that a synopsis of this
ordinance has�qen i;�tlioh d in the Daily pilot on City Clerk and ex-offi ci o Clerk
of the City .Council of the City
---=— , 19 � of Huntington Beach, California
,n acee rli. ; 'er of said City.
City Derk
��ty City Clerk