Ordinance Number 970ORDINANCE NO. 970
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, REPEALING SECTION 5-13.02
OF CHAPTER 13 OF TITLE 5 AND ENACTING CHAPTER 31 OF
TITLE 5 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
RELATING TO GRAFFITI.
WHEREAS, the City finds that graffiti on public and private property is a blighting
factor that not only depreciates the value of the property which has been the target of
such malicious vandalism, but also depreciates the value of the adjacent and
surrounding properties so as to create a negative impact upon the entire community;
and,
WHEREAS, Government Code Section 53069.3 authorizes the City, under
certain circumstances, to provide for the removal of graffiti and other unauthorized
inscribed materials from private as well as public property; and,
WHEREAS, the City Council finds and determines that graffiti and other
unauthorized inscribed materials are obnoxious and a public nuisance and unless the
City causes it to be promptly removed from public and private property it tends to
remain; and
WHEREAS, it is the purpose and intent of the City Council, through the adoption
of this ordinance, to enhance the City's existing graffiti regulations and to provide
additional enforcement regulations to protect public and private property from acts of
malicious vandalism and property defacement, including the application of graffiti or
other unauthorized inscribed material on privately and publicly owned property; which
acts are inimical to and destructive of the rights and values of private property owners
as well as the entire community; and
WHEREAS, the purpose of this ordinance is to reduce crime, reduce the
incidence of graffiti, reduce neighborhood deterioration, reduce aesthetic blight, and to
enhance the quality of life in the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DOES HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Section 5-13.02 of Chapter 13 of Title 5 of the San Juan Capistrano
Municipal Code is hereby repealed in its entirety. A new Chapter 31 to Title 5 is being
enacted in its place as provided for in Section 2 below.
SECTION 2. Chapter 31 is hereby added to Title 5 of the San Juan Capistrano
Municipal Code to read as follows:
1 0970
CHAPTER 31.
GRAFFITI
Sec. 5-31.10. Purpose and intent.
The purpose of this Chapter is to help prevent the spread of graffiti and to establish a
program for its removal from public and private property. The spread of graffiti on both
public and private buildings, structures or property causes blight within the City, which
results in a deterioration of property and business values for adjacent and surrounding
properties, all to the detriment of the City. The City Council finds and determines that
graffiti is obnoxious and a public nuisance that must be abated so as to avoid the
detrimental impact of such graffiti on the City and to prevent the further spread of graffiti.
The City Council further finds that the application of graffiti, as defined herein, is willful
misconduct that damages or destroys property. Government Code Section 53069.3
permits the use of City funds to remove graffiti from publicly or privately owned property
in the City. The City Council further finds and determines that graffiti is often used by
criminal street gang members in attempts to mark or claim territory. As a result, graffiti
promotes conflict among different criminal street gangs and also between gang
members and other members of the community, thereby creating an immediate danger
to public health and safety.
Sec. 5-31.020. Graffiti defined.
As used in this Chapter, the following terms shall have meanings as set forth below:
"Adhesive stickers" shall mean any sheet of paper, fabric, plastic or other
material with an. adhesive or gummed backing, which when applied or affixed to any
surface either creates a permanent contact or is not easily removable without the use of
solvents.
"Aerosol paint container" shall mean any aerosol container, regardless of the
material from which it is made, that is adapted or made for the purpose of spraying paint
or other substances capable of defacing property.
"Etching tool" shall mean any sharp or pointed instrument, that is capable of
etching or marking glass, plastic, wood, metal, or concrete surfaces, including, but not
limited to, picks, scribes, awls, chisels, markers, and etchers, or any masonry or glass
drill bit, carbide drill bit, glass cutter, grinding stone, etching cream or acid etching
solution.
"Expense of Abatement," "Abatement Expenses," "Costs of the Abatement,"
and/or "Abatement and related administrative costs" shall mean and include, but not be
limited to, court costs, attorney fees, costs of removal of the graffiti or other inscribed
material, costs of repair or replacement of defaced property, and the law enforcement
2 0970
costs incurred by the City and/or any other public agency as authorized pursuant to
Government Code Section 38772(d)(1).
"Felt tip marker" shall mean any broad -tipped marker pen with a tip exceeding
three-eighths of one inch or any other similar implement containing an ink that is not
water soluble.
"Graffiti" shall mean any unauthorized inscription, word, figure, mark, adhesive
sticker or design that is written, marked, etched, scratched, drawn, painted, labeled,
pasted, applied or affixed on any surface of public or private real or personal property,
including, but not limited to, buildings, walls, windows, signs, structures, places or other
surfaces regardless of the nature of the material of which the surface is composed.
"Graffiti implement" shall mean any implement capable of marking, scarring,
damaging, or defacing any surface to create graffiti, including, but not limited to, aerosol
paint containers, felt tip markers, etching tools, paint sticks or graffiti sticks, adhesive
stickers, spray actuators, marking pens, drill bits, grinding stones or any other similar
implement.
"Graffiti violations" shall mean those violations referred to in Government Code
Section 53069.3(e) and any violation of this Chapter.
"Paint stick or graffiti stick" shall mean any device containing a solid form of paint,
chalk, wax, epoxy, or other similar substance capable of being applied to a surface by
pressure and that, upon application, leaves a visible mark on the surface at least three-
eighths of an inch in width or is not water soluble.
"Spray actuator" (also known as a spray tip, nozzle, or button) shall mean an
object or device that is capable of being attached to an aerosol paint container for the
purpose of spraying the substance contained therein.
Sec. 5-31,030. Graffiti prohibition/declaration of public nuisance,
(a) It is unlawful for any person to write, mark, etch, draw, label, paste, affix,
paint, chalk, or otherwise apply graffiti on publicly or privately owned buildings, walls,
signs, structures, surfaces or other property located within the City.
(b) Any violation of this Chapter is hereby declared to be a public nuisance.
(c) It is unlawful for any person owning or otherwise in control of any real or
personal property within the City to permit or allow any graffiti to be placed upon or to
remain on any structure or other surface located on that property if the graffiti is visible
from any public right-of-way or from other public or private property.
0970
Sec. 5-31.040. Possession of graffiti implement.
(a) It is unlawful for any person to have in his or her possession any graffiti
implement while in any (i) storm drain or (ii) public park, playground, swimming pool,
public recreational facility, public restroom, or any other similar type of public facility
within the City. This section shall not apply to any person who possesses such
implements while in the course and scope of their lawful profession, trade, or
occupation.
(b) It is unlawful for any person to have in his or her possession any graffiti
implement, for the purpose of applying graffiti as defined in Section 5-31.020, while on
any (i) highway, street, alleyway or sidewalk, (ii) in any public right-of-way, or (iii) in or
upon an underpass, overpass, bridge, abutment, or other similar type of infrastructure
within the City.
(c) It is unlawful for any minor (person under the age of eighteen (18) years) to
have in his or her possession any graffiti implement while in or upon any highway,
public sidewalk, street, alleyway, public right-of-way, public park, playground, swimming
pool, public recreational facility, underpass, overpass, bridge, abutment, storm drain,
other similar infrastructure or on private property within the City without the minor having
in his or her possession the written consent of the real property owner or lessee,
whether or not the minor is in a vehicle. The written consent of the property owner or
lessee shall include the contact information of the owner or lessee, as appropriate,
including, but not limited to, a current phone number and address. This subsection (c)
shall not apply to any minor who is (1) accompanied by his or her parent or guardian
having custody and control of the minor, or (2) under the immediate supervision of a
teacher or instructor employed by a public school, private school or other similar
educational facility licensed by either the State of California or another public entity.
Notwithstanding the foregoing, an emancipated minor shall be subject to the
requirements of subsection (a) above rather than this subsection.
(d) It is unlawful for any person, other than the parent or guardian having
custody and control of the minor, to sell, exchange, give, loan or otherwise furnish, or
cause or permit to be sold, exchanged, given, loaned or otherwise furnished, any graffiti
implement to any person under the age of eighteen (18) years without first obtaining the
written consent of the parent or guardian having custody and control of the minor. The
prior written consent of the parent or guardian of the minor shall include the contact
information of the parent or guardian, including, but not limited to, a current phone
number and address.
(e) Except as otherwise authorized in this Section 5.31.040, the possession of
any graffiti implement while in any public park, playground, swimming pool or public
recreational facility, while on a public sidewalk, street, alleyway or in any public right-of-
way
ight-ofway or while in or upon an underpass, overpass, bridge, abutment, storm drain, or other
similar type of infrastructure within the City is hereby declared to be a public nuisance.
4 0970
Sec. 5-31.050. Removal of graffiti.
(a) Any person applying graffiti within the City shall have the duty to remove that
graffiti within twenty-four (24) hours after notice to such person by the City or the public
or private owner of the property involved. Failure of any person to so remove graffiti
shall constitute an additional violation of this Chapter. Where graffiti is applied by an
unemancipated minor, the parent(s) or legal guardian(s) Laving custody and control of
the minor shall be responsible for such removal or for the payment therefor.
(b) When the City Manager or his/her designated representative determines that
graffiti is so located on publicly or privately owned real or personal property within the
City so as to be capable of being viewed by a person utilizing any public right-of-way or
from other City property in the City, the City Manager, or his/her designated
representative, is authorized to provide for the removal of the graffiti, or, if removal
cannot be cost effectively accomplished, the repair or replacement of the property
defaced, solely at the City's expense, without reimbursement from the property owner
upon whose property the graffiti has been applied, upon the following conditions:
(1) In removing the graffiti, the painting or repair/replacement of an area more
extensive than where the graffiti is located shall not be authorized, except where the
property is City -owned and the City Manager or his/her designee determines that a
more extensive area is to be repainted or repaired/replaced, or where the private
property owner or other public entity property owner agrees to pay for the costs of
repainting or repairing/replacing a more extensive area.
(2) Where the property is owned by a public entity other than the City, the
removal of the graffiti or repair/replacement of the property may be authorized only after
securing the consent of the public entity having jurisdiction over the property and being
released by that public entity of the City from liability. The public entity other than the
City may consent in advance to City entry onto the property, which the public entity
other than the City has control over for graffiti removal or repair/replacement purposes.
(3) Where the property is privately owned, the removal of graffiti or
repair/replacement of the property by City forces or by a private contractor under
direction of the City may be authorized only after securing the written consent of the
owner or possessor and release of the City from liability by that owner or possessor.
Private property owners and possessors in the City may consent in advance to entry
onto private property by City forces or by a private contractor under direction of the City
for graffiti removal or repair/replacement purposes.
(c) If a private property owner's consent cannot be obtained and/or the owner
has not removed the graffiti within five (5) days after notice is given as set forth below,
then the City may remove graffiti that is located on privately -owned property located
within the City, and which graffiti can be viewed by a person utilizing any public right-of-
way or from other City property in the City, at the owners expense as a public nuisance
pursuant to the following options:
(1) The City Manager or his/her designated representative shall cause written
notice to be served upon the owner of the affected premises, as such owners name and
address appears on the last equalized assessment roll or the supplemental roll,
5 0 970
whichever is more current, by depositing the notice in the United States Postal Service
enclosed in a sealed envelope with first-class postage thereon fully prepaid. The mailed
notice shall be addressed to the owner as stated above, and if there is no known
address, then in care of the property address. Service shall be complete at the time of
deposit in the United States Postal Service. The failure of any person to receive such
notice shall not affect the validity of any proceeding hereunder. The owner shall have
five (5) days after the date of service of the notice to remove the graffiti or be subject to
City removal of the graffiti and assessment of the costs of such removal as a lien on the
subject property.
(2) The notice shall be on City letterhead in substantially the following form:
NOTICE IS HEREBY GIVEN that you are required at your expense to remove or
paint over the graffiti located on the property commonly known as (address), San
Juan Capistrano, California, which is visible to public view within five (5) days
after the date of this notice. The graffiti is visible to public view and therefore
constitutes a public nuisance. If you fail to comply with this order City employees
or private City contractors will enter upon your property and abate the public
nuisance by the removal or painting over of the graffiti. The costs of the
abatement by the City employees or its private contractors, if not paid, will be
assessed upon your property and such costs will constitute a lien upon the land
until paid.
All persons having any objections to, or interest in said matters are hereby
notified to submit any objections to the City Manager or his/her designated
representative within five (5) days from the date of this notice.
At the conclusion of this five (5) day period the City may proceed with the
abatement of the graffiti on your property at your expense without further notice."
(3) Service of the notice by the City Manager or his/her designated
representative shall be made on the day the notice is dated and by affidavit, the original
of which shall be filed with the City Clerk.
(4) If any objections are submitted to the City Manager within five (5) days
after the date appearing on the notice of intent to remove graffiti, the City Manager, or
his/her designee, shall hold a hearing on the objections. If the City Manager or his/her
designee overrules the objections, the owner shall have five (5) days from the date of
that decision to remove the graffiti. The owner may appeal the decision to the City
Council. The City Council shall hold a hearing on the appeal as soon as reasonably
practicable. Its decision shall be final.
(5) If no objections are submitted as set forth in Subsection (c)(4) of this
section, or if the objections are overruled following hearing, and if the owner fails to
remove or fails to cause the graffiti to be removed by the designated date, or such
continued date thereafter as the City Manager or his/her designated representative
approves, then the City Manager or his/her designated representative shall cause the
6 0970
graffiti to be abated by City forces or private contract, and the City or its private
contractor is expressly authorized to enter upon the premises for such purpose.
(6) Should the City Manager or his/her designated representative be required
to abate the graffiti as set forth in this Subsection (c), he or she shall thereafter follow
the procedures set forth in Subsections (b) or (c) of Section 5-31.070 to seek
reimbursement for all abatement and related administrative costs or to place a lien
against the property or special assessment against the land.
Sec. 5-31.060. Reward.
(a) Pursuant to Section 53069.5 of the Government Code, the City may offer a
reward, as determined by the police chief, for information leading to the arrest and
conviction of any person any person whose willful misconduct results in injury or death
to any person or who willfully damages or destroys any property, not to exceed one (1)
reward of five hundred dollars ($500.00) per violation. In the event of multiple
contributors of information for a single violation, the reward amount shall be divided by
the City in the manner deemed appropriate by the police chief. For the purposes of this
section, diversion of the offending violator to a community service program, or a plea
bargain to a lesser offense, shall constitute a conviction.
(b) Claims for rewards under this section shall be filed, processed, and paid in
accordance with procedures established by the police chief.
(c) Any person who has willfully damaged or destroyed any City property, or
any property of any other local agency or state or federal agency located within the
boundaries of the City shall be liable for the amount of any reward paid pursuant to this
section and if he is an unemancipated minor his parent or guardian shall also be liable
for the amount.
(d) No law enforcement officer, municipal officer, official or employee of the City
shall be eligible for a reward made pursuant to this section.
Sec. 5.31.070. Additional remedies.
(a) Minor and Parental Financial Responsibility for Graffiti Violations of Law.
Pursuant to Government Code Section 38772, the City Council hereby makes the
expense of summary abatement of graffiti violations of law committed by minor: (1) a
joint and several personal obligation of both the minor causing the graffiti nuisance and
the parent(s) or legal guardian(s) having custody and control of the minor; and (2) a lien
against the property of the parent(s) or legal guardian(s) having custody and control of
the minor. Pursuant to Government Code Section 38772(c), the County Probation
Officer shall report the names and addresses of the parent(s) or legal guardian(s)
having custody and control of a minor responsible for a violation of this Chapter to the
City Clerk.
7 0970
(b) Lien Assessment Procedure. Pursuant to Government Code Section 38772,
38773, 38773.1, 38773.2, 38773.5, 38773.6 and/or 38773.7, the City shall be legally
entitled to recover and collect abatement and related administrative costs incurred in the
summary abatement of graffiti nuisances from the property owner maintaining the
nuisance, as determined by the last equalized assessment roll or the supplemental roll,
whichever is more current, and/or the minor or other person creating, causing, or
committing the nuisance. The parent(s) or guardian(s) having custody and control of a
minor shall be jointly and severally liable with the minor. (Hereinafter, the property
owner maintaining the nuisance, as determined by the last equalized assessment roll or
the supplemental roll, whichever is more current, the minor or other person creating,
causing, or committing the nuisance and the parent(s) or guardian(s) having custody
and control of a minor shall be referred to as the "Responsible Party").
(1) Notice of Proposed Lien Assessment. Should the City Manager or his/her
designee abate any graffiti as set forth in this Chapter, he or she shall thereafter
prepare a statement of all abatement and related administrative costs to determine the
actual costs of abatement. The statement of abatement and administrative costs shall
be sent to the Responsible Party via United States Postal Service, certified mail,
postage thereon fully prepaid. Unless appealed as set forth below, the notified
Responsible Party shall pay to the City the full costs of abatement within thirty (30) days
from the mailing of said notice. If the costs of abatement are paid for by the property
owner maintaining the nuisance and also by the minor or other person creating,
causing, or committing the nuisance and/or the parent(s) or guardian(s) having custody
and control of the minor, amounts paid in excess of the actual costs of abatement shall
be reimbursed to the property owner liable for maintaining the nuisance.
(A) If the applicable Responsible Party desires to appeal the assessment, the
party may do so by requesting an informal hearing before the City Manager or his/her
designee in writing within ten (10) calendar days from mailing of the statement of
abatement and administrative costs. Following the informal hearing, the City Manager
or his/her designee shall then render a final decision on the assessment in writing within
five (5) days and mail the same by first class mail, postage prepaid, to the Responsible
Party.
(B) The affected Responsible Party shall then have ten (10) days from the
date of mailing to appeal this decision to the City Council. The appeal shall be in
writing.
(C) The proposed assessment, if not paid in full, shall be calendared for
approval by the City Council, whether an appeal has been filed or not.
(D) Notice of the date and time of the City Council meeting for which the
proposed assessment has been calendared for approval and/or appeal shall be sent to
the Responsible Party in the United States Postal Service via first-class mail, postage
thereon fully prepaid.
(E) The failure of the City to transmit to any'Responsible Party or of any
Responsible Party to receive any notice provided pursuant to this Chapter shall not
affect the validity of any proceeding in this Chapter, including the liability of any other
notified Responsible Party to pay the costs of abatement and related administrative
costs.
(2) Adoption and Recording of Lien Assessment. The City Council shall have
8 0970
the authority to adopt a resolution confirming the lien assessment, which, following
adoption, shall be recorded by the City Clerk in the County Recorders Office in which
the parcel of land is located pursuant to Government Code Sections 38773.1(c),
38773.2(c) and/or 38773.6 after the notice of lien has been served on the Responsible
Party. From the date of recording, the lien shall have the force, effect, and priority of a
judgment lien.
(3) Contents of the Resolution Confirming Lien Assessment. Pursuant to
Government Code Sections 38773.1(c)(1) and/or 38773.2(d), the resolution confirming
the abatement lien shall specify the amount of the lien; the name of the agency on
whose behalf the lien is imposed; the date of the abatement order; the street address,
legal ' description, and assessors parcel number; and the name and address of the
record owner of the parcel.
(4) Service of a Notice of Lien.
(A) Following the adoption of a resolution by the City Council confirming the
imposition of a lien upon the Responsible Party's property, and prior to the recordation
of the lien, the City Manager, or his/her designee, shall cause to be served a notice of
lien upon the Responsible Party. The notice of lien for purposes of this Chapter shall be
in substantially the following form:
"NOTICE OF LIEN
(Claim of the City of San Juan Capistrano)
Pursuant to Government Code Sections 38772, 38773, 38773.1, 38773.2,
38773.5, 38773.6 and/or 38773.7 and the authority of Chapter 5-13 of the San
Juan Capistrano Municipal Code, the City Manager of the City of San Juan
Capistrano did on or about the day of (date), (year), cause the painting over or
removal of graffiti at the premises hereinafter described in the (date), (year),
order to abate a public nuisance on said real property; and the City Council of the
City of San Juan Capistrano did on the (day) of (Month), (year), assess the cost
of such abatement upon the real property hereinafter described; and the same
has not been paid nor any part thereof; and the City of San Juan Capistrano
does hereby claim a lien for such costs of abatement in the amount of the
assessment, to wit: the sum of (amount) dollars; and the same shall be a lien
upon said real property until the same has been paid in full and discharged of
record.
The real property hereinbefore mentioned, and upon which a lien is claimed., is
that certain parcel of land laying and being in the City of San Juan Capistrano,
County of Orange, State of California, and particularly described as follows:
(Street address, legal description, and assessors parcel number)
The record owner of the real property hereinbefore mentioned is (name) and
(address of the record owner).
9 0970
DATED this (day) day of (Month), (year).
City of San Juan Capistrano, California"
(B) The notice of lien shall be served on the Responsible Party in the same
manner as a summons in a civil action in accordance with Article 3 (commencing with
Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the
person to be served, after diligent search, cannot be found, the notice of lien may be
served by posting a copy of the notice upon the property owned by the Responsible
Party, in a conspicuous place, for a period of ten (10) days. The notice shall also be
published pursuant to Government Code Section 5062 in a newspaper of general
circulation that is published in Orange County. The period of notice commences upon
the first day of publication and terminates at the end of the tenth day, including therein
the first day. Publication shall be made on each day on which the newspaper is
published during that period.
(c) Alternate Procedure 1 Special Assessment Against Land. As an alternate to
the lien abatement procedure, the City Council also establishes the following nuisance
abatement procedure, in accordance with Government Code Section 38773.6, to make
the cost of abatement a special assessment against real property owned by a
Responsible Party. To establish such an abatement special assessment against land,
the same procedural steps as set forth in Subsections (b)(1) through (b)(4) of this
Section and the notice requirements of Government Code Section 38773.5, as such
section may be periodically amended, shall be followed, except that in any required
notices and/or documents the term "lien" shall be replaced with the term "special
assessment." The assessment against the land shall be collected at the same time and
in the same manner as municipal taxes.
(d)- Misdemeanor Offense. In addition to any administrative, civil, or other fines
and/or penalties provided under this code and/or state law, any violation of this Chapter
shall be a misdemeanor offense. Notwithstanding any other provision of this code to
the contrary, any person, firm, or corporation convicted of violating Sections 5-
31.030(a), 5-31.040(x) or 5-31.040(b) shall be guilty of a misdemeanor and punished by
a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the
county jail for a period of not more than six (6) months, or by both such fine and
imprisonment, and such violations shall not be subject to reduction or punishment as an
infraction. Notwithstanding the foregoing, any person who maliciously defaces,
damages or destroys property with a graffiti implement is guilty of vandalism, pursuant
to Penal Code § 594, and, upon conviction thereof, shall be punished by imprisonment
in the state prison or in a county jail for a period not to exceed one year, or by a fine not
to exceed $50,000.00, depending upon the severity and the amount of defacement,
damage or destruction to property, or by both such fine and imprisonment. All other
violations of this Chapter shall be punished in accordance with Chapter 2 of Title 1 of
this Code.
10 0970
(e) Civil Liability of Parents. In addition to pursuing administrative fines and/or
penalties and/or criminal charges for violations of this Chapter, the City Attorney may (1)
file civil complaints against the parent(s) or legal guardian(s) of a minor who defaces
public or private property; and (2) seek recovery for the property damage, cost of graffiti
removal, abatement expenses, law enforcement investigative costs, as well as City
attorney fees and costs, up to the amount authorized and periodically adjusted pursuant
to Civil Code Section 1714.1(a) -(d) for each tort" of the minor. Pursuant to that section,
any act of willful misconduct of a minor, which results in the defacement of property in
violation of this Chapter is imputed to the parent(s) or guardian(s) having custody and
control of the minor for all purposes of civil damages, including court costs, and attorney
fees, and the parent(s) or guardian(s) having custody and control is jointly and severally
liable with the minor for any damages resulting from the willful misconduct of the minor,
not to exceed the amount specified above.
(f) Recovery of Attorney Fees. Pursuant to Government Code Section
38773.5(b), the City may recover attorney fees in any action, administrative proceeding,
or special proceeding to abate a violation of this Chapter, as such violation constitutes a
public nuisance. The recovery of attorney fees shall be by the prevailing party and
limited to those individual actions or proceedings in which the City elects, at the initiation
of that individual action or proceeding, to seek recovery of its own attorney fees. In no
action, administrative proceeding, or special proceeding shall an award of attorney fees
to the prevailing party exceed the amount of reasonable attorney fees incurred by the
City in the action or proceeding.
(g) Treble Damages. Pursuant to Government Code Section 38773.7, the City
may upon entry of a second or subsequent civil or criminal judgment within a two (2)
year period finding that an owner of property or a person described in Paragraph (3) of
Subdivision (d) of Section 38772 of the Government Code is responsible for a condition
that may be abated in accordance with this Chapter, except for conditions abated
pursuant to Section 17980 of the Health and Safety Code, seek the court to order that
person to pay treble the costs of the abatement.
(h) Alternate Actions. Nothing in this Chapter shall be deemed to prevent the
City from commencing an administrative, civil and/or criminal proceeding to abate a
public nuisance or any violation of this Chapter or from pursuing any other means
available to it under provisions of applicable ordinances or state law to correct
violations, hazards or deficiencies in real property in addition to or as alternatives to the
proceedings set forth herein.
Sec. 5-31.080, Community service.
(a) Upon conviction of any person for violation of Section 5-31.030, or any state
law pertaining to vandalism of property with a graffiti implement, the city shall petition
the sentencing court to impose community service time, pursuant to Penal Code §
640.6. The sentencing court may require the performance of community service within
the city in addition to any monetary penalties imposed. If the sentencing court approves
11 0970
community service, the city shall request any adult or emancipated minor convicted of
vandalism, as defined by Penal Code § 594(a)(1), to:
(1) Complete a minimum of 24 hours, but no more than 48 hours of community
service cleaning up, removing, and repairing property damaged by graffiti for the first
conviction; and
(2) Complete 48 hours, but no more than 96 hours of community service
cleaning up, removing, and repairing property damaged by graffiti for each subsequent
conviction.
(b) Any person who is under the age of 18 when he or she violates any
provision of this chapter or any state law pertaining to vandalism of property with a
graffiti implement, and is found to be a person described in Welfare and Institutions
Code § 602 by reason of the commission of vandalism, may be required to perform
community service time pursuant to Welfare and Institutions Code § 729.1. For any
minor adjudicated guilty of vandalism, the city will petition the juvenile court and the
court may, in addition to any other penalties imposed by the city, require the
unemancipated minor to provide the necessary labor to clean up, repair, or replace
defaced, damaged or destroyed property, or otherwise make restitution to the property
owner.
(c) If a minor is personally unable to pay any fine levied for violating any
provision of this chapter or is otherwise unable to make restitution for damages, the
minor's parent or legal guardian shall be liable for payment of the fine or restitution. If
the parent or legal guardian cannot make restitution, the sentencing court may waive
payment of the fine or community service time by the parent or legal guardian upon
finding of good cause. If the sentencing court waives payment of the fine by the parent
or legal guardian, the city shall petition the sentencing court, and the court, at the court's
option, may order the parent or legal guardian to provide the necessary labor, equal to
the number of hours assigned to the minor adjudicated guilty of violating any provision
of this chapter, to clean up, repair, or replace property damaged by the unemancipated
minor.
Sec. 5-31.090. Suspension or delay of driving priviileges.
For each conviction of a person aged 13 to 21 for violation of section 8.20.030, or any
state law pertaining to vandalism of property with a graffiti implement, the city shall
petition the sentencing court to suspend existing driving privileges or delay the issuance
of driving privileges in accordance with Vehicle Code § 13202.6.
SECTION 3. Compliance With The California Environmental Quality Act.
Environmental review is not required under the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in
a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378), Title 14, California
Code of Regulations, because adoption of this Ordinance has no potential for resulting
in physical change to the environment, directly or indirectly.
12 0970
SECTION 4. Severability. If any section, subsection, clause or phrase of this
Ordinance or any part thereof is for any reason held to be invalid, unconstitutional or
unenforceable by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portion of the Ordinance. The City Council.
declares that it would have passed each section, subsection, paragraph, sentence,
clause or phrase thereof, irrespective of the fact that any one or more section,
subsection, sentence, clause or phrase would be declared invalid, unconstitutional or
unenforceable.
SECTION 5. Effective Date, This Ordinance shall take effect and be, in force thirty (30)
days after its passage.
SECTION 6. Certification, The City Clerk shall certify to the adoption of this Ordinance
and cause the same to be posted at the duly designated posting places within the City
and published once within fifteen (15) days after passage and adoption as required by
law; or, in the alternative, the City Clerk may cause to be published a summary of this
Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office
of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within
fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post a certified copy of this Ordinance, together with
the vote for and against the same, in the Office of the Cit Clerk.-_
PASSED, APPROVED, AND ADOPTED this 4t" day c� Mme, 2010.
DR. LONDRES USO, MAYOR
13 0970
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No. 970 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 20t day of April 2010 and that thereafter, said Ordinance was duly
adopted and passed at the Regular Meeting of the City Council on the 4th day of May,
2010 by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES 4COUqCIL MEMBERS:
ABSENT. GbO CIL MEMBERS:
Cl
Allevato, Hribar, Nielsen, Freese, and Mayor Uso
None
None
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO }
AFFIDAVIT OF POSTING
1, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City
Clerk of the City of San Juan Capistrano; That in compliance with State laws,
Government Code section 36933(1) of the State of California, on the 21st day of April
2010, at least 5 days prior to May 4, 2010, the date of adoption of the ordinance,
caused to be posted, in the City Clerk's Office a certified copy of the proposed
Ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REPEALING NG/)SECTION 5-13.02 OF
CHAPTER 13 OF TITLE 5 AND ENA APTER 31 OF TITLE 5
OF THE SAN JUAN CAPISTRANO 1 L CODE RELATING TO
GRAFFITI. ��4 A
MR R IS, CIT CLERK
Sa an Capistran alifornia
14 0970
STATE OF CALIFORNIA }
COUNTY OF ORANGE sa AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City
Clerk of the City of San Juan Capistrano; That in compliance with State laws,
Government Code section 36933(1) of the State of California. On the 6th day of May
2010, 1 caused to be posted, in the City Clerk's office; a certified copy of Ordinance No,
970, adopted by the City Council on May 4, 2010 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REP LITFIPAL
SECTION 5-13.02 OF
CHAPTER 13 OF TITLE 5 AND EN CHAPTER 31 OF TITLE 5
OF THE SAN JUAN CAPISTRANO M CODE RELATING TO
GRAFFITI.
MAI
San
I
S,
LERK
ifornia
15 0970