HomeMy WebLinkAboutMINUTES - 09281999 - C19 IOC-02 Contra
TO* BOARD OF SUPE'RVISORS
INTERNAL OPERATIONS COMMITTEE z � Costa
FROM-
Lint
September 13, 1999
DATE.
SUBJECT. ORDINANCE TO REGULATE THE REMOVAL OF GRAFFITI FRO
PRIVATE PROPERTY
SPECIFIC REOUEST(5)OR RECOMMENDATIONS)&BACKGROUND,AND JUSTIFICATION
RECOM EN'DA i#OIC.
INTRODUCE,WAIVE reading,and FIX October 5, 1999 for adoption of the attached
ordinance which would permit the abatement of graffiti from private property under
specified circumstances.
BACK ROUND:
On July 13, 1999, the Board of Supervisors approved a report from our Committee
which, among other recommendations, asked that the County Counsel be directed
to prepare an ordinance which would permit the Board to abate graffiti on private
property, The ordinance was to be returned to the Internal Operations Committee
for review before being forwarded to the Board for action.
On September 13, 1999,our Committee received and reviewed with County Counsel
Vic Westman a draft ordinance which would allow the Board to abate graffiti on
private property, In discussing the provisions of the ordinance we asked that several
changes be made to the draft which was presented to us. Those changes have now
been :Wade and we are prepared to recommend the introduction of the ordinance.
CONTINUED ON ATTACHMENT: —ZYES Sle3idAruRE.
.RECOMMENDATION OF COUNTY ADMINISTRATOR ____..._RECOI4MEttDATION OF BOARD COMVIT7wE
APPROVE —01 R
s �
SIGMA REM),
ACTION OF BOARD ON APPROVED AS RECOMMENDED OT4ER
S
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
- U'NANIMOUS(ASSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES. NOES: _. AND ENTERED ON THE MINUTES OF THE BOARD
ASSENT: ABSTAIN: - _ OF SUPERVISORS ON THE DATE SHOWN.
County Administrator ��� �'2 2
Our{*7 1dVl#nJS ATTESTED
Contact: Director Of Building inspection I' tip BATCHEL ,OR,C!'ERK OF HE BOARD OF
Public cc: Puc Works Director SUPERVISORS AN[)COUNTY ADMINISTRATOR
Director of General Services
B �p f^s - DEPUTY
IOC-42
Attached is a copy of the form of the ordinance as we are recommending it be
introduced. Also attached are memos from the County Counsel dated August 12,
1999, and September 21, 1999. The August 12, 1999, memo summarized the draft
of the ordinance that was before us on September 13, 1999. The September 21 ,
1999, memo summarizes the charges that were rade in order to reach the draft
ordinance that is before the Board today,
-2-
Office of the County Counsel Contra Costa County
651 Fine Street, 9th Floor Phone,(92 5)335-1800
!'Martinez, CA 94553 Fax:(926)646-1076
Date: September 21, 1939
To: Internal Operations Committee
c/o C.L. Van Marter, Assistant County Administrator
From: 'victor J. Westman, County Counsel V7.W.
Re: Proposed Devised Graffiti Abatement Ordinance
Pursuant to the Internal Operations Committee's directions on 9-13-99, the
attached revised ordinance is provided for further consideration. The principal changes
from the earlier draft are as follows:
1. Section 14-6.304(a). The county abatement officer for the purpose of
administering the ordinance, is now defused as the director of building inspection.
2. do 14-6.6t Minor parent's Liat�ility. This section has been revised
in its second sentence to specify that every act of graffiti can be subject to up to $2,909
of civil damages. Also, the final sentence added to this sections provides the courts with
alternative jurisdiction to allow persons against whom civil damage awards have been
made the opportunity to perform community service in lieu of paying the involved civil
damage award.
3. Formers 14-6.612. Eyuan . This section has been deleted since, at any
time, the Board of Supervisors (at its discretion), can make provision for rewards.
VJ /jh
cc: Supervisor Gayle B. Uilkerna (Faxed)
Supervisor Johns Gioia, District Office (Faxed)
14:W0ANNWJV1Avmarter.wpd
Office of the County Counsel Contra Costa County
651 Pine Street, 9th Floor Phone: (925)335-1800
Martinez, CA 94553 Fax. (926)646-1078
Date: August 12, 1999
To: Internal Operations Committee
C/o C.L. VanMarter, Assister County Administrator
From: Victor J. Westman, Count Counsel V. MW
County
Re: Proposed Graffiti Abatement Ordinance
Pursuant to Board order, the attached draft graffiti ordinance is provided for
Committee review. The ordinance is based upon a number of cities' (Richmond, San
Pablo and Concord) ordinances on the same subject. Concerning the attached draft
ordinance, we, provide the following comments for consideration;
1. 4 14-6.804. Definitions.
(a) County Abatement Officer. In subsection (a) of section 14-6.394, we
have indicated that the county officer(County abatement officer)to be responsible for
the administration of the graffiti removal program is to be designated by the Board of
Supervisors. if it is desired at this time to specify a county officer with graffiti
enforcement responsibility, please advise and the draft will be so revised.
(b) Graffiti Defined, The definition of graffiti set forth in section 14m6.804(b) is
the same as that contained in Government Code section 53069.3 and as similarly set
forth in richmond and San Pablo city ordinance codes.
2. 4 14 Minor Parents' ` ili . This section is similar to the provisions
set forth in the City of Richmond's Ordinance Code section 9.42.050. As discussed at
the earlier Internal Operations Committee meeting, if any involved parents refuse to
pay, it will be necessary to initiate a small claims collection action,
3. r4 14-6.810. Public Nuisance Abatement. In this section, the existing uniform
County procedure for public nuisance: abatement (Co. Ord. Code article 14-6.4) is
incorporated. With this incorporation, it is not necessary to set forth ghat would
otherwise be several additional pages of procedural abatement procedure text,.
4. §_14-6,812. ysr rd. This section contains a reward provision similar to that
contained in the City of Richmondps graffiti abatement ordinance provisions. if this is
not desired at this time, it can be eliminated from the ordinance text. The Board of
Supervisors always has the authority in appropriate circumstances at any future beard
meeting to offer a reward for the detection of a particular crime.
Internal Operations Committee
c/o C.L. fan Martar, Assistant County Administrator
August 12, 1999
Page 2
6. § 14-6.814. Alternative. Graffiti Removal. Finally, here there is set forth a
section substantially similar to that contained in the City of Richmond's Ordinance Code
(and in other cities' codes)reciting the state statutory authority (Gov. C. § 63069.3)for
public financing of graffiti removal. As noted above concerning the provision on
rewards, this provision can be eliminated from this draft. Should some future event
require consideration of such public funding for graffiti removal, that could be done at
that time.
VJW/jig
�:1.:GA�ft�1V J�Nlmare;.evpcE
ORDINANCE NO. 99-
(Graffiti Prohibition and Removal)
The Contra Costa County Board of Supervisors ordains as follows (omitting the
parenthetical footnotes from the official text from the enacted or amended provisions of
the County Ordinance Code);
ECTION 1. Article 14-8.8 is added to the Contra Costa County Ordinance Code to
read.
Article 14-8.8. bra i,
j4&.802.32. Eire ins This article and chapter provide for the removal of graffiti
from public and private property and the board finds that graffiti is detrimental to
property values and degrades the unincorporated area. Graffiti is inconsistent with the
county's goals for propel maintenance and maintenance of the county's development
standards; is obnoxious, a public nuisance, and unless it is quickly removed from public
and private property, results in other properties becoming the target of graffiti: thereby
diminishing their value and reducing the ability of the county to meet the health, safety
and welfare needs of its citizens. (99- , § 1; Gov. C. §§ 25845, 53069.3(d)(2) & Civil
C. § 1714.`l.)
„
14&8.04. l efinftions. As used in this article and chapter, the following terms
have the meanings respectively ascribed to theme
(a) "County abatement officer" means the director of building inspection (county
building official).
(b) "Graffiti" means the unauthorized writing, defacing, earring, marking,
inscribing, scratching, painting, or affixing of markings on public or private buildings or
structures, including, but not limited to, walls, fences, signs, retaining walls, driveways,
walkways, sidewalks, curbs, traffic control devices, signs, and utility boxes, except as
otherwise expressly permitted by this code.
(99- , § 10)
1 -8.898 Placement and Prohibition.
(a) No person shall place graffiti upon any public or privately owned building or
structure located on public or privately owned real property within the unincorporated
area of the county.
ORDINTANCE NO. 99-
(b) leo person owning or otherwise in possession or control of any real property
within the county area: shall permit or allow any graffiti to be placed upon or remain on
any building or structure located on such real property when the graffiti is visible from
any public street or other public or private property.
(99- , § 1.)
JA&, 6 Minor Parent's Liability. Any act of willful misconduct of a minor which
results in the unauthorized placement of grad on any public or privately owned
building or structure in violation of section 14-6.806 shall be imputed to the parents or
guardian having custody or control of the minor. The parents or guardian having
custody of the minor shall be liable for all damages so caused by the minor in a sura not
to exceed $2,000 for each such act including therein, and not in addition, any county
costs to remove the involved graffiti. Any court having jurisdiction to, and awarding civil
damages pursuant to this section and Civil Code § 1714.1 may provide in its judgment
order that as an alternative to paying the civil damage award, the involved parents or
guardian and minor may agree with the county abatement officer to perform community
services, including graffiti abatement in satisfaction in whole or part of the awarded civil
damages.
14-60 1.9 -ublic Nuisance Abatement. Where a property owner and/or other
person(s) in possession or control of property with graffiti on it fail to abate the graffiti,
the designed county abatement officer may proceed with and complete public nuisance
abatement of the graffiti pursuant to article 14-6.4 and this chapter.
(99- 1.)
14--6--.8-12-Alternative Graffiti Removal. As an alternative to the method of
removal of graffiti as provided above in this article and chapter, the county may
appropriate funds to finance the removal of graffiti from publicly or privately owned real
property within the county area, subject to the following conditions:
(a) The county shall not authorize nor undertake to provide for the removal or
painting over of any more extensive area than that where the graffiti is located.
(b) Prior to the removal or painting over of the graffiti, the county shall obtain the
written consent of the owner of the real property.
(c) The graffiti must be visible from a public street or other public or private
property.
(99--§ 15 Gov. C. § 53069.3.)
ORDINANCE NTO. 99-
_2_ ____
___
SE ',-MON It EFFECTIVE,DATE. This ordinance becomes effective 30 days after
passage, and within 15 days of passage shall be published €nce with the names of the
supervisors orating for and against it in the
a newspaper
published in the County.
PASSED ON by the following vote:
AYES:
NOES:
ASSENT:
ABSTAIN
ATTEST: PMI.. BATCHELOR, Clerk of
the Board and County Administrator
By:
Board Chair
H:U0ANN\VJ1Mg:afb:d.wpd
ORDINANCE NO. 99-
a3a