HomeMy WebLinkAboutORD 3765 - AMEND CHAPTER 17.10 OF HBMC RELATING TO NUISANCE/ PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
CRY OF HUNTINGTON
am a Citizen of the United States and a' BEACH
resident of the County aforesaid; I am ODINAN ENO.376S
over the age of eighteen years, and not a Adapted byf6ClfyCwmil
a to or interested in the below entitled I - ORDINANCE
E
party AN ORDINANCE OF THE CITY
matter. I am a principal clerk of the IOF HUNTINGTON BEACH
HUNTINGTON BEACH INDEPENDENT AMENDING CHAPTER 17a0 OF
, THE HUNTINGTON BEACH
a newspaper of general circulation, MUNICIPAL CODE RELATING ;
TO NUISANCE/GRAFFITI
printed and published in the City of SYNOPSIS
IN JULY, 2006, CITY'
Huntington Beach, County of Orange, CIOTYSC'NUISANCE DCODE{
State of California and that attached RECOGNIZE AND A
, CLUDE GRAFFITI. AS.A i
NUISANCE IN THE CITY.
Notice is a true and complete copy: as IN ORDER TO ENHANCE
was printed and published in the THE EFFORTS OF PER-
.
TION E -j
SONS APPLYING GRAF-
FITI,
H untie ton Beach Issue of said PROVI A REWARDS;
9 PROVISION HAS BEEN I
INCLUnewspaper to wit the Issue(s) of: 17.10DEADOPTIONPTER OF
THIS ORDINANCE PRO-
VIDES A MEANS BY
WHICH THE CITY.CAN
OFFER A REWARD FOR-
INFORMATION LEADING
TO THE'IDENTIFICATION,
APPREHENSION AND
CONVICTION OF A PER-
MARCH 29, 2007 SON, WHO CAUSES
GRAFFITI. THE AMOUNT
OF THE REWARD IS SET
BY A RESOLUTION.
COPIES OF THIS ORDI-
NANCE ARE AVAILABLE
IN THE CITY CLERK'S
OFFICE.
PASSED AND
declare, under penalty of perjury, that ADOPTED 'by the City
Council' of .the City of
Huntington Beach at a
the foregoing is true and correct. regular meeting held
March 19,, 2007 by the
following roll call vote:
AYES: Carchio, Cook,
, Coerpe�, Green, Hansen,
Executed on
MARCH 2 9 2 0 0 7 Hardy
NOES: None
at Costa Mesa, California. ABSENT: Bohr,
This ordinance is ef-
fective 30 days after
adoption.,
CITY OF HUNTINGTON
BEACH' .
HUNTINGTON EACH,
CA 9264fi °
Signature 714-536-5227
JOAN L.FLYNN,CITY
CLERK
Published Huntington
Beach Independent'
'March 29,2007.035=264
.�. .Mc.&A-A-97 +
Council/Agency Meeting Held: 05= O
Defe ed/Continued to: i7� �0
Approved ❑ Conditionally Appr ❑D hied ' City Clerk's Sigrtatu
Council Meeting Date: 3/5/2007 Department ID Number: CA 07-6
D'7 �S CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jennifer McGra�Ti, City Attorney
PREPARED BY: Jennifer McGraity Attorney
SUBJECT: Adoption of Ordinance No. 3765 Amending Chapter 17.10 Regarding
Nuisance-Grafitti and Adoption of Resolution No. 2007-16 Establishing a
Reward for Information Leading to Conviction Relating to Graffiti
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Amendment of Chapter 17.10 of the Huntington Beach Municipal
Code is required to provide for a reward for information leading to the identification,
apprehension and conviction of a person who applies graffiti. The amount of the reward is
established by resolution.
Funding Source: N/A
Recommended Action: Motion to: 1. Adopt Ordinance No. 3765 Amending Chapter
17.10 of the Huntington Beach Municipal Code Relating to Nuisance-Graffiti.
2. Adopt Resolution No. 2007-16Establishing a Reward for Information Leading to
Conviction Relating to Graffiti.
Alternative Action(s): 1. Do not adopt Ordinance No. 3765 Amending Chapter 17.10 of
the Huntington Beach Municipal Code.
2. Do not adopt Resolution No. 2007-16
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 3/5/2007 DEPARTMENT ID NUMBER: CA 07-5
Analysis: In July, 2006, City Council amended the City's Nuisance Code to recognize and
include graffiti as a nuisance in the City. In order to enhance the City's prosecution efforts of
persons applying graffiti, a rewards provision should be included in Chapter 17.10. Adoption
of this ordinance will provide a means by which the City can offer a reward for information
leading to the identification, apprehension and conviction of a person who causes graffiti.
The amount of the reward is set by a resolution. Staff believes the amount of $500 is an
appropriate amount for this purpose.
Environmental Status: N/A
Attachment(s):
City Clerk's
Page Number No. Description
1 Ordinance No. 3765 Amending Chapter 17.10 of the Huntington
Beach Municipal Code Relating to Nuisance-Graffiti.
2 Legislative draft of Chapter 17.10
3 Resolution No. 2007-16Establ1ishing a Reward for Information
Leading to Conviction Relating to Graffiti.
-2. 2/8/2007 2:05 PM
ATTACHMENT NO . 1
ORDINANCE NO. 3765
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 17.10 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO NUISANCE/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 is hereby
amended to add section 17.10.080, said section to read as follows:
17.10.080 Reward: The City Council may provide a reward, by resolution, for
information leading to the identification, apprehension and conviction of any person who applies
graffiti within the City.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19th day of March 7200 7 .
—r7 M -t3•d�.r�� �
ATTEST: APPROVED AS TO FORM:
Qhwj ' Vi^
City Clerk V _ -); City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City 4dministrator _�. City Attorney
07-825/7778 1
Ord. No. 3765
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 March, 2007,and was again read to said City
Council at a regular meeting thereof held on the 19th day of March,2007,and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Carchio, Cook, Coerper, Green, Hansen, Hardy
NOES: None
ABSENT: Bohr
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 March 29,2007.
In accordance with the City Charter of said City ®`
Joan L. Flynn,City Cler C9 Clerk and ex-officiolVierk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT NO . 2
ORDINANCE NO. N3
�-& �-
LEGISLATIVE DRAFT
Chapter 17.10
HUNTINGTON BEACH NUISANCE CODE
(2870-12/86,2897-7/87,3079-12/90,3212-11/93,3386-3/98,3398-7/98,3739-7/06)
Sections:
17.10.010 Nuisance Defined
17.10.020 Additional Enforcement Remedies
17.10.030 Definitions
17.10.040 Abatement of Nuisance Related Activities or Condition
17.10.050 Nuisance Designated
17.10.051 Graffiti
17.10.052 Appeal of the Action by the Director of Public Works
17.10.053 Appeal to City Council
17.10.054 Abatement of Graffiti by City
17.10.060 Violations
17.10.070 Alternatives
17.10.080 Reward
17.10.100 Repealed Ord 3398 7/98
17.10.110 Repealed Ord 3398 7/98
17.10.120 Repealed Ord 3398 7/98
17.10.130 Repealed Ord 3398 7/98
17.10.140 Repealed Ord 3398 7/98
17.10.150 Repealed Ord 3398 7/98
17.10.160 Repealed Ord 3398 7/98
17.10.170 Repealed Ord 3398 7/98
17.10.180 Repealed Ord 3398 7/98
17.10.190 Repealed Ord 3398 7/98
17.10.010 Nuisance defined. As used in this chapter, a nuisance shall mean activities or
conditions which affect the social and economic stability of neighborhoods, impair property
values and which are injurious or detrimental to the health, safety and general welfare of the
citizens of Huntington Beach. (3386-3/98)
17.10.020 Additional Enforcement Remedies. The procedures provided for in this chapter shall
be cumulative and in addition to any other procedure or legal remedy provided for in this Code or
by state law for the abatement of nuisance related activities or conditions. Nothing in this
chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to
abate a nuisance under applicable civil,penal or municipal code provisions as an alternative or
alternatives to the proceedings set forth in this chapter. (3386-3/98)
17.10.030 Definitions: (3398-7/98)
(a) Abate/Abatement. As used in this chapter,the terms "abate" and "abatement" shall mean
action to terminate,remove, stop, cease, repair,replace or otherwise remedy a nuisance
related activity or condition by such means and in such manner as is necessary to the interest
of the health, safety or general welfare of the public. (3386-3/98,3398-7/98)
(b) City Administrator/Administrative Abatement Officer. As used in this chapter,
"Administrative Abatement Officer" shall mean the City Administrator and any other person
or persons designated by the city Administrator as being an Administrative Abatement
Officer. (3386-3/98,3398-7/98)
Huntington Beach Municipal Code Chapter 17.10 Page 1 of'
07-825/7687
(c) Person/Responsible Person/PartX.(3386-3/98,3398-7/98)
(1) As used in this chapter, "Person"/"Responsible Person"/"Party" shall mean any
individual,business or entity who is responsible for causing,maintaining or permitting
a nuisance activity or condition. The terms "person," "responsible person" or
"responsible party" include, but are not limited to, a property owner,tenant, person with
a legal interest in real property or person in possession or occupying real property,the
president or other officer of a corporation, a business owner or manager of a business.
(3386-3/98,3398-7/98)
(2) Any act of negligent or willful conduct of a minor which results in the creation or
maintenance of a condition or activity which constitutes a nuisance within the meaning
of this chapter shall be imputed to the parent or guardian having custody and control of
the minor for all purposes, including the duty to abate the nuisance(s) and the
imposition of administrative penalties and costs as provided for herein. The parent or
guardian having custody and control of the minor shall be jointly and severally liable
with the minor for any and all penalties or costs imposed pursuant to this chapter.
(3386-3/98,3398-7/98)
(d) Premises. As used in this chapter,the term "premises" shall mean any location, building,
structure, residence, garage,room, shed, shop, store, dwelling,lot,parcel, land or portion
thereof whether improved or unimproved. (3386-3/98,3398-7/98)
17.10.040 Abatement of Nuisance Related Activities or Condition. Any activity, condition or
premise(s) maintained as described herein is declared to be a public nuisance and shall be abated
by cessation of the activity,rehabilitation, demolition, removal,repair or other appropriate
remedy pursuant to the procedures set forth in this chapter. (3386-3/98,3398-7/98)
17.10.050 Nuisance Designated. It is hereby declared a public nuisance, or an act in the nature of a
public nuisance, for any person or party to cause,permit, abet or otherwise allow any premises in this
City to be used in such a manner that any one or more of the activities or conditions described in the
following subsections are found to occur thereon. (3386-3/98,3398-7/98)
(a) Any condition or activity which is a "nuisance" or a "public nuisance" as defined in Sections
3479 and 3480 of the Civil Code of the State of California or which is specifically declared
to constitute a nuisance or public nuisance by any statute of the State of California or by any
ordinance of the City of Huntington Beach. (3386-3/98)
(b) The violation of any provisions of the following Uniform Codes which have been adopted,
as amended, by the City of Huntington Beach: (3386-3/98)
(1) Uniform Building Code;
(2) National Electrical Code;
(3) Uniform Fire Code;
(4) Uniform Housing Code;
(5) Uniform Plumbing Code;
(6) Uniform Mechanical Code;
(7) Uniform Code for the Abatement of Dangerous Buildings;
(8) Uniform Swimming Pool, Spa and Hot Tub Code;
(9) Uniform Administrative Code.
(c) The violation of any provision of the Huntington Beach Municipal Code, or the Huntington
Beach Zoning and Subdivision Ordinance Code, or any code adopted by reference. (3386-3/98)
Huntington Beach Municipal Code Chapter 17.10 Page 2 of
07-825/7687
(d) The operation or maintenance of any business, trade or profession in violation of Title 5 of
this Code, or lack of a proper certificate of occupancy. (3386-3/98)
(e) The frequent gathering, or coming and going, of people who have an intent to purchase or
use controlled substances on or at any premises in this City. (3386-3/98)
(f) Participation in a criminal street gang as proscribed by California Penal Code Section
186.22. (3386-3/98)
(g) The making or continuing, or causing to be made or continued, of any loud,unnecessary or
unusual noise which disturbs the peace and quiet of the neighborhood or which causes
discomfort or annoyance to any reasonable person of normal sensitiveness residing in the
area. (3386-3/98)
(h) The occurrence of criminal activity at any premises which threatens the life,health, safety or
welfare of the residents of the premises, neighbors or the public. (3386-3/98)
(i) Buildings which are abandoned, boarded up,partially destroyed or left unreasonably in a
state of partial construction. (3386-3/98)
(j) Land, the topography or configuration of which, whether in a man-made state or as a result
of grading operations, excavation or fill, causes erosion, subsidence, or surface water
drainage problems of such magnitude as to be injurious to the public health, safety and
welfare or to adjacent properties. (3386-3/98)
(k) The failure to secure and maintain from public access all doorways, windows and other
openings into vacant structures. (3386-3/98)
(1) Overgrown vegetation on developed property which: (3386-3/98)
(1) Harbors rats, vermin, and other disease carriers; or (3386-3/98)
(2) Causes detriment to neighboring properties or property values; or(3386-3/98)
(3) Causes a hazardous condition to pedestrian and/or vehicular traffic. (3386-3/98)
(m) Dead, decayed, diseased or hazardous trees, weeds and other vegetation on developed
property which: (3386-3/98)
(1) Constitutes an unsightly appearance; or (3386-3/98)
(2) Creates danger to public safety and welfare; or(3386-3/98)
(3) Is detrimental to nearby property or property values. (3386-3/98)
(n) Abandoned, broken, neglected machinery or equipment which poses a potential hazard to
the general public. (3386-3/98)
(o) Unprotected or hazardous excavations, swimming pools, and ponds. (3386-3/98)
(p) Broken or discarded furniture,household equipment and appliances on the premises which
causes damage or is a detriment to neighboring properties. (3386-3/98,3398-7/98)
(q) Packing boxes, lumber, dirt and other trash or debris outside commercial and industrial
buildings which is visible from public streets and causes detriment to neighboring
properties. (3386-3/98)
Huntington Beach Municipal Code Chapter 17.10 Page 3 of
07-825/7687
(r) Accumulation of dirt, litter or debris in doorways, adjoining sidewalks, parking lots and
landscaped areas. (3386-3/98)
(s) Deteriorated parking lots which have pot holes, cracks and ridges. (3386-3/98)
(t) Fences in a state of disrepair or in a dilapidated condition. (3386-3/98)
(u) Premises including, but not limited to, building exteriors which are maintained in such
condition as to become so defective, unsightly or in such condition of deterioration or
disrepair that the same causes diminution of the property values of surrounding property or
is materially detrimental to proximal properties and improvements. This includes, but is not
limited to, the keeping and disposing of or the scattering over the property or premises of
any of the following: (i) lumber,junk, trash or debris; (ii) abandoned or discarded or unused
objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or
containers; (iii) stagnant water or excavation(s); (iv)any device, decoration, design, fence,
structure, clothesline or vegetation which is unsightly by reason of its condition or
inappropriate location; or(v)permitting or allowing any graffiti to remain on any building,
wall, fence or structure. (3386-3/98)
(v) The use of any premises for the purpose of illegal gambling, lewdness, assignation, or
prostitution as proscribed by state law or this Code. (3386-3/98)
(w) The maintenance,use, rental or lease of any premises, or subunit thereof, including single-
family dwellings, where persons are allowed to congregate, gather or loiter in such a manner
as to disturb the peace of other persons lawfully on the property itself or lawfully in the
vicinity of the property. (3386-3/98)
(x) The use of any premises for the purpose of unlawfully selling, serving, storing, keeping,
manufacturing or giving away any controlled substance, precursor, or analog as those terms
are defined by state law. (3386-3/98)
(y) Noise disturbances in violation of Chapter 8.40 of this Code. (3386-3/98)
(z) Maintenance of properties or premises in such a manner as to cause substantial diminution
of the enjoyment, use, or property values of adjacent properties. (3386-3/98)
(aa) The maintenance of any sidewalk or driveway located on private property which is
debilitated, broken, damaged, or raised to such a degree as to be unsightly if it can be viewed
from public property, or to be injurious to property or injurious to persons using said
driveway or sidewalk. (3398-7/98)
(bb)The maintenance of property where buildings or structures have been left boarded up for a
period in excess of ten (10) days without a valid demolition or building permit on file with
the Huntington Beach Community Development Department or abate said boarded up
condition. (3398-7/98)
(cc) The maintenance of buildings or structures used or intended to be used for dwelling
purposes, storage or similar uses,because of dilapidation, decay, damage, or faulty
construction or arrangement, or otherwise, is unsanitary or unfit for human habitation or use
is in a condition that is likely to cause injury or be detrimental to the health, safety, or
general welfare of those living in the area or within. (3398-7/98)
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
Huntington Beach Municipal Code Chapter 17.10 Page 4 of
07-825/7687
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: (3739-7/06)
(1) Where a structure or personal property is owned by a public entity other than the city,
the removal of the gaffiti 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. (3739-7/06)
(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. (3739-7/06)
(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. (3739-7/06)
(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: (3739-7/06)
(1) The Director of Public Works or his/her designed 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.
(3739-7/06)
(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. (3739-7/06)
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. (3739-7/06)
(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. (3739-7/06)
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.
(3739-7/06)
Huntington Beach Municipal Code Chapter 17.10 Page 5 of
07-825/7687
(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.
(3739-7/06)
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. (3739-7/06)
(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 hearing, the making of the work order by the City Council,the doing of the work, and
the cost thereof. (3739-7/06)
(c) Such statement must be signed and verified by the Director of Public Works and filed with
the City Council. (3739-7/06)
(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. (3739-7/06)
17.10.060 Violations.
(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,
3739-7/06,3739-7/06)
(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)
Huntington Beach Municipal Code Chapter 17.10 Page 6 of
07-825/7687
17.10.070 Alternatives. Nothing in the foregoing sections shall prevent the City Attorney from
commencing a civil or criminal proceeding to abate a public nuisance under applicable
provisions of the California Civil Code or Penal Code as an alternative to the proceedings set
forth herein. (3386-3/98,3398-7/98)
17.10.080 Reward: The City Council may provide a reward, by resolution, for
information leading to the identification, apprehension and conviction of any
person who applies graffiti within the City.
Huntington Beach Municipal Code Chapter 17.10 Page 7 of
07-825/7687
ATTACHMENT NO . 3
RESOLUTION NO. 2007-16
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ESTABLISHING A REWARD
FOR INFORMATION LEADING TO CONVICTION
RELATING TO GRAFFITI
WHEREAS, the City Council has added section to Chapter 17.10 of the Huntington Beach
Municipal Code establishing procedures for graffiti removal and imposing penalties for offenses related
to graffiti; and
Penal Code Section 594 makes the application of graffiti a misdemeanor; and
Government Code Section 53069.5 authorizes the City Council to offer rewards and makes the
person causing the injury or his/her parent liable therefore; and
Huntington Beach Municipal Code Chapter 17.10 authorizes the City Council to establish a
reward for information leading to the identification, apprehension and conviction of a person who
applies graffiti,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as
follows:
1. That a reward of $500.00 may be provided to any person providing information that
leads to the identification, apprehension and conviction of any person who applies graffiti within the
City.
2. That the above reward is discretionary with the City Council and may be repealed at any
time. Notwithstanding this limitation, it is the City Council's policy to reward citizens that come
forward with information about graffiti crime.
3. That persons causing the injury to property, or their parents or guardians in the case of
an unemancipated minor, shall be liable for the amount of the reward, in accordance with Government
Code Section 3069.5.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 5th day of MARCH , 2007 .
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Administrator ity Attorney I . al
INITIATED AND
APPROVED:
1 Y1�
City Attorney Z
07-825/7188
Res. No. 2007-1 6
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, 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 resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 5th day of March, 2007 by the following
vote:
AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
City Jerk and ex-officio C erk of the
City Council of the City of
Huntington Beach, California
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Attorney
SUBJECT: Adoption of Ordinance No. Amending Chapter
17.10 & Resolution No. to establish reward amount
COUNCIL MEETING DATE: March 5, 2007
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Resolution (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable ❑
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable ❑
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable ❑
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Ap licable ❑
Fiscal Impact Statement (Unbudgeted, over$5,000) Attached ❑
Not Appl!cable ❑
Bonds (If applicable) NoAttached
t A ucable El
Staff Report (If applicable) Attached
Not Applicable ❑
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable ❑
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable ❑
EXPLANATION FOR MISSING_ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff )
Deputy City Administrator Initial
City Administrator(initial)
City Clerk
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
D
RCA Author: KC 7660