HomeMy WebLinkAboutMINUTES - 10051999 - C16 ORDINANCE NO. 99- 48
(Graffiti Prohibition and Removal)
The Contra Costa County Board of Supervisors ordains as follows (omitting the
parenthetical footnotes from the official tett from the enacted or amended provisions of
the County Ordinance'Code):
SEC[lQt ], Article 14-6.8 is added to the Contra Costa County Ordinance Code for
read:
article -08.
14-6,802. Eindino, This article and chapter provide for the removal of graffiti
from public and private propel and the board finds that graffiti is detrimental to
property values and degrades the unincorporated area. Graffiti is inconsistent with the
county's gels for property maintenance and maintenance of the county's development
standard's; 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 valvae and reducing the ability of the county to meet the health, safety
and welfare needs of its citizens. (99-48 p § 1; Gov. C. §§ 25845, 53069.3(dX2) & Civil
C. § 1714.1.)
. Dofi its.ions. As used in this article and chapter, the following terms
have the meanings respectively ascribed to therm:
(a)'County abatement officer" means the director of building inspection (county
building official).
(b)"Graffiti" means the unauthorized writing, defacing, marring,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, combs, traffic control devices, signs, and utility boxes, except as
otherwise expressly petted by this code.
(99-48 > § 1.)
Placement and Erohlbiticrn.
(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.
ORDINANCE NO. 99-,48
(b) No person owning or otherwise in possession or control of any real property
within the county area small 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 tuber public or private property.
(99-48 , § 1 u
.4--Q-- ira a e is b . ,any act of willful misconduct of a minor which
results in the unauthorized placement of graffiti 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 sum not
to exceed $2,£100 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 ward, the involved parents or
guardian and minor may agree with the county abatement officer to performs community
services, including graffiti abatement in satisfaction in whole or part of the awarded civil
damages.
14--6--,= .' ? rit. Where a property owner and/or ether
personcontrol of property with graffiti on it fail to abate the graffiti,
the county abatement officer may proceed with and complete public nuisance
abatement of the graffiti pursuant to article 14-6.4 and this chapter.
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 luted.
(b) Prior to the removal or painting over sof 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%L8 § 1; Gov. C. § 63669.3.
ORDINANCE NO. 99-_43_
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_ Il li. EEEEQIIYE DATE. This ordinance becomes effective 30 days after
passage, and within 15 days sof passage shall be published once with the names of the
supervisors voting for and against it in the Contra Costa Times 4 e newspaper
published in the County.
PASSED ON October 5, 1999 by the following vote:
AYES: Supervisors Gioia, Uilkema, Gerber, DeSaulnier and Canclamilla
NOES: None
ABSENT: Ione
ABSTAIN None
ATTEST: PHIL BATCHELOR, Clerk sof
the Board and County Administrator
By
Deputy Clerk.
� r h =
ORDWANCE NO. 99-48
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