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HomeMy WebLinkAboutOrdinance #3739 ORDINANCE NO. :3 7 3 9 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 17.10 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO GRAFFITI The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 17.10 of the Huntington Beach Municipal Code (Nuisance Code) is hereby amended to add the following sections: 17.10.051 Graffiti (a) Upon personal observation or the receipt of a complaint of graffiti or other inscribed material that is located on public or private property within the City so as to be capable of being viewed by a person utilizing any public right-of-way, the Director of Public Works or his/her representative may deliver or cause to be delivered a letter to the private or public property owner advising said owner that he/she is maintaining a public nuisance. The Director of Public Works or his/her representative is authorized to provide for the removal of such graffiti or other inscribed material at the City's expense upon the following conditions: (1) Where a structure or personal property is owned by a public entity other than the city, the removal of the graffiti or other inscribed material may be authorized only after securing the written consent of the public entity having jurisdiction over the structure or personal property and such entity executes a release and waiver approved as to form by the City Attorney. (2) Where a structure or personal property is privately owned, the removal of the graffiti or other inscribed material may be authorized only after securing the written consent of the owner and the owner executes a release and waiver approved as to form by the city attorney. (3) In removing the graffiti or other inscribed material, the painting or repair of an area more extensive than where the graffiti or inscribed material 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 public or private property owner's consent cannot be obtained, said owner shall have the duty to remove the graffiti or inscribed material 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 or other inscribed material located on the property be painted over, repaired, or removed within 72 hours. 06-126 1 Ordinance No. 3739 (2) The written notice may be served upon the property owner either by posting such on the affected premises or by certified mail. If written notice is made by certified mail, then service shall be complete at the time of deposit in the U.S. Postal Service. 17.10.052 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 or other inscribed written material from his/her property disagrees with the imposition of such an obligation on the basis that it is being wrongfully applied, compliance would result in undue hardship, or the belief that he/she should not be required to conform with Section 17.10.051(b) due to unique circumstances, he or she may appeal such decision to the City Administrator within ten (10) days after service of the written notice. The appeal shall be in writing to the City Administrator and shall set forth the basis of the appeal and be submitted with all supporting documents, if any. (b) Within ten (10) 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. Service of the written notice shall be complete at time of deposit in the U.S. Postal Service. 17.10.053 Appeal to the City Council (a) Any owner dissatisfied by the decision of the City Administrator may request a hearing before the City Council. Such a request must be filed with the City Clerk's office within ten (10) days after service of the 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, that 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. 17.10.054 Abatement of Graffiti by City (a) The City Council, after such public hearing, upon a finding of the existence of the graffiti or inscribed material and that such is designated as a nuisance under this Chapter, shall order the Director of Public Works to do said work, at the expense of the owner of the property, and provide for temporary payment of the same with city funds. (b) At the completion of the work, the Director of Public Works must prepare a statement of the proceedings, reciting the existence of the nuisance, the description of the property, the names of the owners and.occupants, if known, the giving of notices, the holding of the public 06-126 2 Ordinance No. 3739 hearing, the making of the work order by the City Council, the doing of the work, and the cost thereof. (c) Such statement must be signed and verified by the Director of Public Works and filed with the City Council. (d) All costs incurred by the city shall constitute a charge and special assessment upon such parcel of land. If such costs are not paid within a period specifically set by the city, they shall then be declared a special assessment against that parcel as provided in section 38773.5 of the Government Code. Such special assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary county taxes. The city shall retain the additional and independent right to recover its costs by way of civil action against the owner and person in possession or control,jointly or severally. SECTION 2. Section 17.10.060, subsection (a), is hereby amended to read as follows: 17.10.060 Violations.(3386-3/98, 3398-7/98) (a) The owner or other person having charge or control of any such buildings or premises who maintains any public nuisance defined in this chapter, or who violates any notice of abatement served as provided in this chapter, is guilty of a MISDEMEANOR. (3386-3/98) (b) Any occupant or lessee in possession of any such building or structure who fails to vacate said building or structure in accordance with a notice given as provided in this chapter is guilty of a MISDEMEANOR. (3386-3/98) (c) Any person who obstructs, impedes or interferes with any representative of the City Council or with any representative of a City department or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated, or demolished or with any person to whom any such building has been lawfully sold pursuant to the provisions of this chapter when any of the aforementioned individuals are lawfully engaged in proceedings involving the abatement of a nuisance is guilty of a MISDEMEANOR. (3386-3/98) SECTION 3. This ordinance shall become effective 30 days after its adoption. 06-126 3 Ordinance No. 3739 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19 t:h day of June , 200--6-. -4 Mayor ATTEST: PPR VVED AS TO FORM: ", � City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator City At orney 5-. Tz•0(, 06-126 4 Ord. No. 3739 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of 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 thereof held on the 5th day of June,2006, and was again read to said City Council at a regular meeting thereof held on the 19th day of June,2006, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Green, Sullivan, Hardy, Hansen, Cook NOES: None ABSENT: Coerper ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on June 29,2006. In accordance with the City Charter of said City ft -Joan L.Flynn, Qi1y Clerk CVy Clerk and ex-officio Jerk Deputy city clerk of the City Council of the City of Huntington Beach, California