§ 13.12.090. Graffiti declared public nuisance.

The existence of graffiti on any county-owned property, or without the permission of the owner or occupant, on any non-county-owned property within the unincorporated area of the county is expressly declared to be a public nuisance.

A.

1. The board of supervisors hereby declares and finds graffiti to be a nuisance subject to abatement according to the provisions and procedures herein contained.

2.

It is the duty of both the owner of the property to which the graffiti has been applied, and any person who may be in possession or who has the right to possess such property, to at all times keep such property clear and free of graffiti.

B.

The existence of any surface of a structure on any non-county owned property within the unincorporated area of the county where such surface has been defaced with graffiti after removal more than five times in 12 months is hereby deemed to be a nuisance, and may be abated by the county requiring modifications thereto, or the immediate area surrounding same, according to the provisions and procedures adopted by the county. Such modifications may include, but are not limited to: retrofitting of such surfaces at the expense of the property owner(s) of said lot, not to exceed a total cost of $500.00, or at the cost to the county at the county's option, with such features or qualities as may be established by the county as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient, expedient or efficient removal of graffiti therefrom.

C.

No person shall post, affix, or attach any handbill, poster, or placard on any county-owned property, or without the permission of the owner or occupant, on any non-county-owned property within the unincorporated area of the county. The sheriff, the director, department of public works, and any additional county department head, as authorized by the board of supervisors, is authorized to order removal of such posters, with the owner or occupant's permission. The decision to remove such posters shall not be based on content. Any person who is actually or constructively responsible for the posting, creating, printing, or copying of such posters shall be liable for the costs incurred in the removal thereof and the sheriff, the director, department of public works, and any additional county department head, as authorized by the board of supervisors, is authorized to effect the collection of such costs. Such costs shall be the actual or reasonable costs attributable to the removal of such posters. Persons billed for such removal costs may appeal such cost assessment to the building rehabilitation appeals board in accordance with rules adopted by that board. The decision of this board will be final for purposes of Code of Civil Procedure Section 1094.5, judicial review, unless the board of supervisors within 90 days of that decision is made, grants, in its sole discretion, a hearing on the appeal.

D.

For purposes of subsection C of this section, there shall be a presumption that a person (corporate or individual), whose name or telephone number or address or notice of public or private appearance or business location appears on the poster is a person responsible for posting the poster.

E.

Any person violating subsection C of this section is guilty of an infraction punishable by a fine of $100.00 for the first infraction, $200.00 for the second infraction in one year, and $500.00 for each infraction thereafter within one year.

(Ord. 93-0072 § 1 (part), 1993.)