Ordinance No. 953
1
2
3
4
5
6
ORDINANCE NO. 953
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF VERNON AMENDING THE CODE OF THE CITY OF
VERNON, CALIFORNIA 1959 BY AMENDING SECTION
12A.2 AND ADDING SECTIONS 12A.3 TO 12A.19
TO CHAPTER l2A OF SAID CODE RELATING TO
GRAFFITI AND REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT THEREWITH,
SPECIFICALLY ORDINANCE NO. 896
7 WHEREAS, graffiti on public and private property has
8 increased within the city limits of the City of Vernon; and
9 WHEREAS, said graffiti is and has been visible to
10 people utilizing the public right-of-way; and
11 WHEREAS, citizens of the City of Vernon have comolained
12 that the graffiti and other inscribed material is and was
13 obnoxious and constitutes a public nuisance.
14 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON
15 DOES ORDAIN AS FOLLOWS:
16
SECTION 1: That the City Council of the City o~ Vernon
17 hereby finds and determines that the recitals contained herein-
18 above are true and correct.
19
SECTION 2: The City Council of the City of Vernon
20 hereby amends Section 12A.2 and adds Sections l2A.3 to l2A.19
21 to Chapter l2A of the Code of the City of Vernon, California
22 1959 to read as follows:
23
Sec. 12A.2. Nuisance Declared.
24 A building, or structure, or sign that is marked or
25 defaced with spray, paint, dye, or like substance, or other
26 inscribed material in a manner commonly described as graffiti
27 on public or private property as to be capable of being viewed
28 by a person utilizing any public right-of-way in this city, be
1 this road, parkway, alley, or otherwise, for a period of time
2 longer than ten (10) days, is hereby declared to be a nuisance.
3 Sec. l2A.3. Party concerned.
4 As used in this chapter, "party concerned" means the
5 person, if any, in real or apparent charge and control of the
6 premises involved, the record owner, the holder of any mortgage,
7 trust deed or other lien or encumbrance of record, the owner
8 or holder of any lease of record, the record holder of any other
9 estate or interest in or to the building or structure, or the
10 land upon which it is located. As used in this section, all
11 reference to "record" means matters of record in the Department
12 of Registrar-Recorder of Los Angeles County which definitely
13 and specifically describes the premises involved.
14
15
Sec. 12A.4. Graffiti Appeals Board.
In order to hear appeals provided for in this chanter,
16 there shall be and is hereby created a Graffiti Appeals Board.
17 The City Council shall be the Graffiti Appeals Board.
18
19
Sec. 12A.5. Determination by Director of Community
Services.
20 Whenever the Director of Community Services determines
21 by inspection that graffiti or other inscribed material is so
22 located on public or private property as to be capable of being
23 viewed by a person utilizing any public right-of-way in this
24 City, be this road, parkway, alley, or otherwise, the Director
25 of Community Services shall order the abatement of the nuisance
26 by removal of the graffiti or other inscribed material in
27 accordance with the following procedures unless the owner of the
28 property consents to the removal by the City of the graffiti or
-2-
1 other inscribed material and executes such document as the City
2 may provide relative to the removal of the graffiti or other
3 inscribed material, then the Director of Community Services is
4 authorized to provide for the removal of the graffiti or other
5 inscribed material. If the Director of Community Services
6 provides for the removal of the graffiti or other inscribed
7 material, he shall not authorize nor undertake to provide for
8 the painting or repair of any more extensive area than that
9 where the graffiti or other inscribed material is located.
10 Sec. 12A.6. Informal notice.
11 The Director of Community Services, in addition to any
12 other notices hereafter required by this chapter, may give to the
13 occupants of the public or private property, and to any other
14 person whom he deems should be notified, information concerning
15 the provisions of this chapter, any violation thereof, how the
16 person notified may comply with, and any other information as he
17 deems expedient.
18 Sec. l2A.7. Written consent.
19 The Director of Community Services or hislher
20 designated representatives, including personnel designated by
21 the City to remove graffiti, shall make reasonable efforts to
22 obtain written consent of property owner or legal occupant of
23 the property prior to entering upon private property to remove
24 said graffiti.
25 Sec. 12A.8. Notice of Removal of Graffiti.
26 If, in the opinion of the Director of Community
27 Services, any public or private property is found to have any
28 graffiti or other inscribed material on it as defined in this
-3-
1 chapter, the Director of Community Services shall give to the
2 party concerned written notice in the event that designated
3 personnel from the City are unable to obtain written consent
4 from an owner or occupant granting permission for the City of
5 Vernon employees to enter upon their property for the sole
6 purpose of graffiti removal.
7 Sec. 12A.9. Notice format.
8 The Notice shall be in the followina format:
9 NOTICE OF INTENT TO REMOVE GRAFFITI FROM PREMISES
10 OFFICIAL NOTICE is hereby given that you are required
11 by the City of Vernon to remove or paint over the graffiti located
12 on the property located at
13 Vernon, California, at the owners expense. If graffiti, which
14 is visible to the public view, is not removed within fifteen (15)
15 days after date of delivery or mailed notification, City employees
16 will enter upon the said property and abate the said graffiti
17 which is stated to be a public nuisance by the removal or painting
18 over of the said nuisance. This abatement will be at City
19 expense; however, your complete cooperation will be requested.
20 Sec. 12A.10. Service of notice.
21 Proper service of the notice provided for in Section
22 l2A.8 shall be by personal service, or by registered, or
23 certified mail upon every party concerned and by posting on the
24 private or public property a copy of the notice. It shall be
25 deemed a reasonable effort has been made to serve such notice
26 when registered or certified letters have been mailed to the
27 address of the party concerned as shown on the official record.
28 When an address is not so listed or contact cannot be made at the
-4-
1 listed address, the service shall be by posting on the said
2 property a copy of the notice.
3 The designated period within which the owner or persons
4 in charge is required to comply with such notice shall begin as of
5 the date he receives such notice by personal service or registered
6 or certified mail. If such notice is by posting only, the desig-
7 nated period shall begin fifteen (15) days following the date of
8 posting.
9 Failure of any owner, party concerned, or other person,
10 to receive such notice shall not affect the validity of any
11 proceedings taken hereunder if the procedure for service of
12 notice has been followed.
13 Sec. 12A.ll. Right of hearing.
14 Any party concerned, or the Director of Community Services,
15 may request a hearing regarding the removal of graffiti or other
16 inscribed material after the property is posted. A request by any
17 person other than the Director of Community Services shall be made
18 in writing to the Graffiti Appeals Board within ten (10) daysafte
19 the property is posted or receipt of notice. All persons who
20 desire to be heard may appear before the Graffiti Appeals Board
21 to show that the property does or does not have graffiti or
22 other inscribed materials, or to show cause why the graffiti
23 or other inscribed materials should not be ordered removed.
24 Sec. l2A.12. Hearing not requested.
25 If neither the Director of Community Services nor any
26 concerned party requests a hearing and the condition as set
27 forth in the Notice of Intent to Remove Graffiti From Premises
28 is not corrected within the time specified in such notice, the
-5-
1 Director of Community Services or hislher designated
2 representative may enter upon such private or public property
3 in order to remove the graffiti or other inscribed materials, or
4 may cause such other work to be done to the extent necessary to
5 abate the public nuisance and other conditions which have been
6 found to exist.
7 Sec. l2A.l3. Notice of hearing.
8 If either the Director of Community Services, or any
9 party concerned, requests a hearing within the proper time as
10 provided in Section l2A.ll, the Graffiti Appeals Board shall hold
11 a noticed hearing. No less than ten (10) days prior to the
12 hearing, the Director of Community Services shall serve, or cause
13 to be served, either in the manner required by law for the
14 service of summons or by first class mail, postage prepaid, a
15 copy of the notice of hearing upon every person whom this chapter
16 requires that the Notice of Intent to Remove Graffiti From
17 Premises be served.
18 Sec. 12A.l4. Form and contents of notice.
19 The notice of hearing shall state:
20 A. The street address and a legal description,
21 sufficient for identification of the public or private property
22 upon which the graffiti or other inscribed material is located;
23 B. The conditions because of which the Director of
24 Community Services believes that the property is a public
25 nuisance.
26
27
28
C. The date, hour and place of the hearing.
Sec. 12A.15. Posting of Notice.
The Director of Community Services shall post one copy
-6-
1 of the notice of hearing in a conspicuous place on the public or
2 private property involved, not less than ten (10) days prior to
3 the hearing.
4 Sec. 12A.16. Hearing by Graffiti Appeals Board.
5 The Graffiti Appeals Board shall hold a hearing and
6 consider all competent evidence offered by any person pertaining
7 to the matters set forth in the report of the Director of
8 Community Services.
9 The Graffiti Appeals Board shall make written findings
10 of fact as to whether or not the removal of graffiti or other
11 inscribed material on public or private property as defined in
12 this chapter is necessary.
13 Sec. l2A.17. Order.
14 When the Graffiti Appeals Board finds that the removal
15 of graffiti or other inscribed material on public or private
16 property is necessary, it is declared a public nuisance and
17 based upon its findings, the Board shall order the abatement of
18 this nuisance by removal of said graffiti or other inscribed
19 material.
20 Sec. l2A.18. Work by City.
21 If any order of the Graffiti Appeals Board made pursuant
22 to Section 12A.17 and not superseded is not complied with within
23 the period designated by the Board, the Director of Community
24 Services or hislher designated representative, may then enter
25 upon such private or public property in order to remove the
26 graffiti or other inscribed materials, or may cause such other
27 work to be done to the extent necessary to remove the graffiti and
28 other inscribed materials determined to exist by the Graffiti
-7-
1 Appeals Board.
2
Sec. l2A.19. Costs.
3 The costs involved in the removal or other work by the
4 Director of Community Services, shall be paid by the City.
5
SECTION 3: If any section, subsection, sentence,
6 clause, phrase or word of this ordinance is for any reason held
7 to be void or unconstitutional, such decision shall not affect
8 the validity of the remaining portions of this ordinance; '-I-
11.-
9 being the intention of the City Council of the City of Vernon to
10 adopt and pass this ordinance and each section, subsection,
11 sentence, clause or phrase thereof irrespective of the fact that
12 one or more of the sections, subsections, clauses, sentences, or
13 phrases thereof may be declared void or unconstitutional.
14
SECTION 4: That any ordinance or parts of ordinances
15 in conflict with this ordinance are hereby repealed, specifically
16 Ordinance No. 896.
17
SECTION 5: There being no newspaper printed, published
18 or circulated in the City of Vernon, the City Clerk is hereby
19 directed to certify to the passage of this ordinance and shall
20 post the same, or cause the same to be posted, in three (3) of
21 the most public places in the City of Vernon, to wit: the
22 northwest corner of 38th Street and Santa Fe Avenue, the north-
23 east corner of Leonis Boulevard and Pacific Boulevard and on
24 the bulletin board in the lobby of the City Hall of said City
25 located at 4305 Santa Fe Avenue, all in the City of Vernon,
26 County of Los Angeles, State of California; that this ordinance
27 I I I
28 III
III
III
-8-
1 shall be in full force and effect thirty (30) days from and after
2 the final passage of the same.
3
APPROVED AND ADOPTED this 2nd day of
April
4 1985.
5
6
ATTEST.:
7 ~/ /"?~'/ ,.. ///
( ~ V/ .O' ~.,' .." ,?
8 .....:~-'L-~.~ P ~r: /(//'#
BRUCE V. MALKENHORST, City Clerk
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-9-
/'
l2
l3
14
15
16
17
1 STATE OF CALIFORNIA
ss.
2 COUNTY OF LOS ANGELES
3
4 I, BRUCE V. MALKENHORST, City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Ordinance, being
6 Ordinance No. 953 , was duly and regularly introduced
ladjourned
7 at a regular meeting of the City Council of the City of Vernon,
8
held on
, and thereafter finally adopted
March 26, 1985
9 at a regular meeting of said City Council held on
lO
April 2, 1985 , by the following vote:
AYES: Councilmen: Malburg, McCormick, Ybarra, Gonzal s
Davis
NOES: Councilmen: None
ABSENT: Councilmen: None
II
L(~/Z~4~~
Bruce V. Malkenhorst, City Clerk
l8
19 (SEAL)
20
21
22
23
24
25
26
27
28
-lO-