HomeMy WebLinkAboutOrdinance #3212 ORDINANCE NO. 3212
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 17. 10 OF THE HUNTINGTON BEACH
MUNICIPAL CODE PERTAINING TO GRAFFITI VANDALISM
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1 . That Section 17. 10 . 015 of Chapter 17 . 10 of
the Huntington Beach Municipal Code is hereby amended to read
as follows :
17. 10 . 015 Graffiti Vandalism Removal
(a) Upon personal observation or the receipt of a
complaint of offensive graffiti vandalism, the
Director of Public Works or his/her representative may
deliver or cause to be delivered a letter to the
private property owner advising said owner that he/she
is maintaining a public nuisance under Section
17. 10(m) of this chapter . The Director or his/her
representative shall authorize the removal of such
graffiti vandalism at the city' s expense a maximum of
five (5) times per year from the same private property
upon the following conditions :
(1) The removal of graffiti vandalism by the city or
li
by a private contractor under the direction of
the city shall be undertaken only after securing
the written consent of the owner and release of
the city from liability;
(2) In removing the graffiti vandalism, the painting
JCB203
or repair of an area more extensive than where
the graffiti vandalism is located shall not be
authorized, unless the owner agrees to pay for
the costs of repainting or repairing a more
extensive area .
(b) If the private property owner ' s consent cannot be
obtained, or the occurrence of graffiti vandalism on
such property exceeds five (5) instances in one (1)
year, the owner shall have the duty to remove the
graffiti vandalism at his/her expense, pursuant to the
following provisions :
(1) The Director of Public Works or his/her designee
shall cause written notice to be served upon the
owner of the affected premises requiring that the �<
graffiti vandalism located on the property be
is
painted over or removed within fourteen (14) days.
(2) The written notice shall be certified and service
shall be complete at the time of deposit in the
U.S. Postal Service.
SECTION 2 . That Chapter 17. 10 of the Huntington Beach
Municipal Code is hereby expanded by adding the following
sections :
17 . 10 . 016 Appeal of the Action by the Director of Public
Works .
(a) If an owner served with written notice by the Director
of Public Works or his/her designee requiring removal
of graffiti vandalism from his/her property disagrees
with the imposition of such an obligation on the basis
JCB203 - 2
3212
that it is being wrongfully applied, compliance would
result in an undue hardship, or the belief he/she
should not be required to conform with Section
17. 10 . 015(b) due to unique circumstances, may appeal
such decision to the Director of Community
Development. The appeal shall be in writing to the
Director and shall set forth the basis of the appeal
and be submitted with all supporting documents, if any.
(b) The Director of Community Development, or his/her
designee, shall render a decision within thirty (30)
days after receipt of the written appeal .
Notification of such a decision shall be mailed by
registered or certified mail to the owner.
17. 10 . 017 Appeals to the City Administrator.
(a) Any owner dissatisfied with the decision of the
Director of Community Development may appeal such
decision to the City Administrator. Such an appeal
must be filed within fifteen (15) days after receipt
of the written notice of the decision by the Director
of Community Development. The City Administrator, or
his/her designee, shall consider the written claim
along with all supporting documents, if any, which
were put forth by the applicant to the Director of
Community Development.
(b) Within fifteen (15) days after receipt of the Notice
of Appeal, the City Administrator or his/her designee
shall render a written decision and mail a copy of
such registered or certified mail to the owner .
JCB203 3
3212
17 . 10 . 018 Appeals to the City Council .
(a) Any owner dissatisfied by the decision of the Director
i
of Public Works and the City Administrator may request
a hearing before the City Council . Such a request
must be filed with the City Clerk' s office within
fifteen (15) days after receipt of written notice of
the decision by the City Administrator.
(b) Within fifteen (15) days of receipt of request for a
hearing, the City Administrator, or his/her designee
shall give not less than ten (10) days written notice
by certified or registered mail of the date, time, and
place of such a hearing to the applicant . The City
Council, on appeal, shall consider all documents put
forth by the applicant to the Director of Public Works
and the City Administrator.
The City Council may consider any additional evidence,
including points and authorities of law, it deems
necessary in rendering a decision. The decision of
the City Council shall be final, and a notification of
such shall be mailed to the owner.
17 . 10 . 019 Reward A $500 reward shall be granted to anyone
who provides information leading to the identification,
apprehension, and conviction of any person who places
graffiti vandalism upon any public or private propertyi .in
the city. In the event of damage to public property, the
convicted offender shall be liable to the city for any
reward paid.
JCB203 - 4 -
3212
If the convicted offender is an unemancipated minor, his
parent(s) or legal guardians shall also be liable for the
amount .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 25th
day of October 1993 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Ci�y AttorpLy
'REVIEWED AND APPROVED: INIT TED ND APPROVED:
af
City Administrator Djkljt6l' of Community Services
JCB203 5
3212
Ord. No. 3212
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
4 CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, the duly elected, qualified City
I
i
Clerk of the City of Huntington Beach and ex-officio Clerk of the
is
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
meeting therof held on the 4th day of october
19 and was again read to said City Council at a
93
g y X'eA�,aT a '
meeting therof held on the 25th day of October 1993 and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
Moulton-Patterson, _Winchell, _Sullivan, Leipzig_ __ ____ __
NOES: Councilmembers:
Robitaille Silva
ABSENT: Councilmembers:
Bauer
ef'gw'r4ay CITY OLM of the of
f
z�0�il�io t�erk o the H ��a�e
+ a q
germ brat
� chi ham � gY ►Co �'i
: in the� mat On aff!
arci�e
h- be;n �sfi�2d h►
p�
„ � TT �,1g _ City Clerk and ex-officM Clerk
in3=dame Wlt6theCityChaderof said eity. of the City Council of the City
nl e. Brackway - - of Huntington Beach, California
Cityty Qe*
Ile City Cork