Ordinance - 1612ORDINANCE NO. 1612
AN ORDINANCE OF THE CITY COUNCIL OF THE.CITY OF WEST COVINA
REVISING ARTICLE V. GRAFFITI, SECTION 15-108, 109 OF THE WEST
COVINA MUNICIPAL CODE RELATING TO THE DECLARATION AS A NUISANCE
• AND PROHIBITION OF GRAFFITI AND THE ADDITION OF SECTION 15-110
TO THE MUNICIPAL CODE RELATING TO THE PROCEDURE TO REMOVE
GRAFFITI.
THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES ORDAIN AS FOLLOWS:
Section I. The West Covina Municipal Code Article V. Graffiti,
Section 15-108 declared public nuisance and Section 15-109 graffiti
prohibited, are hereby amended and Section 15-110, procedure to remove
graffiti, is hereby added, said article to read as follows:
ARTICLE V. GRAFFITI
Sec. 15-108. Declared Public Nuisance.
Graffiti on public and private property is a blighting factor which
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, and in so doing nega-
tively impacts upon the entire city. The City has and is continuing
a program for the removal of graffiti from -public property and has a
voluntary removal program from private property. Section 53069.3 of
the Government Code authorizes the City under certain circumstances
to provide for the removal of graffiti or other inscribed materials
from public and private property. The City Council finds and determines
that graffiti is obnoxious and a public nuisance and unless it and other
• inscribed materials is removed from public and private properties,
it tends to remain; and other properties then become the target of
graffiti with the result that entire neighborhoods and indeed the
community is depreciated in value and made a less desirable place in
which to be. The City Council determines that it is appropriate
that the City develop procedures to implement the provisions of
Section 53069.3 of the Government Code and provide for the removal
of graffiti and other inscribed material from both public and
private property under the circumstances set forth in this article.
Sec.,15-109. Graffiti, Prohibition.
a. It shall be unlawful for any person to paint, chalk or otherwise
apply graffiti or other inscribed material on public or privately
owned, structures located on public or privately owned real
property within the City.
b. It shall be unlawful for the owner of any private property, to
permit graffiti or other inscribed material to remain as to be
capable of being viewed by a person, utilizing any public right-
of-way in this City, such as a road, parkway or alley for more
than 48 hours after• notice from the City to remove the same or
to consent to removal by City.
Sec. 15-110. Procedure to Remove Graffiti by City, with Consent
• of Property Owner.
a. Notwithstanding•any other provisions of this Code, whenever the
Director of Building and Safety or his designee determines that
graffiti or other inscribed material is so located on public
or private property as to be capable of being viewed by a
person utilizing any public right-of-way in this City, such
as a road, parkway or alley, and the owner of the property
consents to the removal by the City of the graffiti or other
inscribed material and executes such documents as the City
may provide relative to its removal, the City or its contractor
• is authorized to provide for the removal of the graffiti or
other inscribed material.
b. If the City or it's contractor provides for the removal of the
graffiti or other inscribed material, it shall not authorize
nor undertake to provide for the painting or repair of any
more extensive area than that where the graffiti or other
inscribed material is located.
C. Prior to the removal of the graffiti or other inscribed material
from a structure which is privately or publicly owned, the
City or its contractor shall obtain written consent of the owner
or public entity having jurisdiction over the structure, and the
owner or public entity shall execute a release and waiver
approved as to form by the City Attorney.
Section II. If any section, subsection, sentence, clause, phrase,
part or portion of this ordinance is for any reason held to be invalid
or unconstitutional by any court of competent jurisdictions, such decision
shall not affect the validity of the remaining portions of this ordinance.
The City Council declares that it would have -adopted this ordinance and
each section, subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more sections, subsections, clauses,
phrases, parts or portions be declared invalid or unconstitutional.
• Section III. The Mayor shall sign
passage and adoption of this ordinance
published in the manner prescribed by
PASSED AND ADOPTED this 2�th day of
Attest
4L, *
City Clerk Helene M: Mooney
and City Clerk shall certify to the
and shall,cause the same to be
law.
November , 1983.
Ma r Kenneth I. Chappel
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, Helene M.. Mooney, City Clerk of the City of West Covina, do hereby
• certify that the foregoing Ordinance No. 1612 was regularly introduced
and placed on its first reading at a regular meeting of the City Council
on the 14th day of November , 1983. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City
Council on the 28th ' day of November 1983 by the following
vote, to wit:
AYES: Councilmen: Tice, Tennant, Shearer, Bacon
NOES: Councilmen: None
ABSENT: Councilmen: Chappell
City Clerk
APPROVED AS TO FORM:
it Attorne
• Y � ,Y
0
i
0
C E R T I F I C A T I O N
State of California. )
County of Los Angeles ) ss.
City of west Covina )
I, JANET BERRY, Deputy City Clerk .of the City of
West Covina., Sta.te of California., do hereby certify
that a true and accurate copy of Ordinance No. 1k
was published, pursuant to law, in the west Covina
Tribune, a, newspaper of general circulation published
and circulated in the City of west Covina..
Janet Berry, Deputy City Clerk
City of west Covina, California
Dated