§ 13.12.110. Removal provisions.

Graffiti may be removed by either of the following methods:

A.

It is unlawful for any person who is the owner, or who has primary responsibility for control of property or who has primary responsibility for repair or maintenance of property in the unincorporated area of the county, hereinafter referred to in this section as the "responsible party," to permit said property which is defaced with graffiti to remain so defaced for a period of 10 days after service by first-class mail of notice of same, unless (1) said person shall demonstrate by a preponderance of the evidence that he or she does not have the financial ability to remove the defacing graffiti, or (2) it can be demonstrated by the responsible party that the responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it shall be unlawful to permit such property to remain defaced with graffiti for a period of 15 days after service by first-class mail of notice of same.

B.

Right of County to Remove.

1.

Whenever the county becomes aware, or is notified and determines that graffiti is located on county-owned property or non-county-owned property within the unincorporated area of the county that is viewable by persons utilizing any public right-of-way in the county, the county shall secure the consent of the property owner and the county shall be authorized to use public funds to provide for the painting or repairing of same, but shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, unless the sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid aesthetic disfigurement to the neighborhood or community, or unless the responsible party agrees to pay for the costs of repainting or repairing the more extensive area.

2.

Right of Entry on Private Property.

a.

Prior to entering upon private property or property owned by a public entity other than the county, for purposes of removal of graffiti, the county shall secure the consent of the responsible party, and a release of the county from any liability.

C.

If a responsible party fails to remove the offending graffiti within the time herein specified, or if the county shall have requested consent to remove or paint over the offending graffiti and the responsible party has refused to grant consent for entry on terms acceptable to the county consistent with the terms of this section, the county may commence abatement and cost-recovery proceedings for the removal of the graffiti pursuant to the provisions of this chapter which procedures authorize the recovery of all costs incurred by the county in abating graffiti, including the recordation of a lien as to the affected property. Notwithstanding the foregoing, owner-occupied single-family residences are excluded from such cost recovery proceedings, including the recordation of a lien on the property.

1.

Whenever the sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, determines that graffiti has been applied to non-county-owned property within the unincorporated area of the county, the sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, determines that the graffiti is obnoxious and that it is in the interest of the county of Los Angeles to remove such graffiti through the use of county resources, then the sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, may use county resources to remove the graffiti provided that the sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, obtains the consent of the private property owner and release of the county from liability.

2.

a.

Whenever the sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, determines that graffiti is being maintained upon any non-county-owned property within the unincorporated area of the county in violation of this chapter, the sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, may issue a written notice and order to abate the graffiti. The notice shall be issued to the owner of the property and shall inform the owner that the owner is maintaining graffiti which constitutes a public nuisance and that maintenance of the graffiti is a violation of the Los Angeles County Code. The notice shall state that the graffiti must be removed within 10 days from the date of the notice and that if the graffiti is not removed within that time, then the county proposes to remove the graffiti and the cost of such removal, if not paid by the owner, shall be made a lien upon the property. Notwithstanding the foregoing, a notice of graffiti nuisance shall not be issued to the owner of a single-family residence which is owner-occupied.

b.

The notice shall also inform the property owner that if the graffiti is not removed within the specified 10-day period, then a hearing shall be held before the sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, to hear any protest of the property owner. The notice shall specify the time and place at which the sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, shall hold such hearing pursuant to subsection (C)(4) of this section. Such hearing shall be scheduled not less than 10 days after the date of the notice.

c.

The sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, may extend the time period allotted for abatement of the graffiti if the sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, determines that compliance within the time specified in the notice would place an undue burden on the property owner.

3.

a.

The notice issued pursuant to subsection (C)(2) of this section shall be addressed to the owner of the property as shown on the latest tax assessment roll at the owner's last known address and shall be delivered by depositing a copy of the notice in the United States mail, postage paid, or personally delivering a copy of the notice to the owner. Notice shall also be posted in a conspicuous place on the subject property. Except no such notice shall be either mailed to or posted on an owner-occupied single-family residence.

b.

The failure of any person to receive notice shall not affect the validity of any proceeding under this chapter.

4.

Before any abatement of any graffiti, the sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, shall hold a hearing regarding the proposed abatement to determine whether the graffiti constitutes a public nuisance and whether abatement is appropriate. The hearing officer shall receive and consider all relevant evidence presented at the hearing. Any interested person shall be given an opportunity to be heard.

5.

The hearing officer shall provide notice of the hearing officer's decision and shall provide an order to abate the graffiti, if appropriate, to the owner of the subject property as shown in the latest tax assessment as shown in subsection (C)(3) of this section.

6.

The sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, may order that the county abate any graffiti that has been determined to be a public nuisance and that remains unabated at least seven days after the hearing officer gives notice of the hearing officer's decision and issues an order to abate under subsection (C)(5) of this section.

7.

a.

The sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, shall keep an account of the costs, including incidental expenses, of abating such graffiti on each separate property where the work is done and shall render an itemized report in writing to the board of supervisors showing the cost of abatement of the graffiti. The term incidental expenses shall include but is not limited to the actual expenses and costs of the county in the preparation of notices, title searches, specifications and contracts, inspection of the work, the cost of posting and mailing required under this chapter, any attorney's fees expended in the abatement of the nuisance, all costs and expenses for which the county may be liable under state law arising from or related to the nuisance abatement action, and all costs or expenses to which the county may be entitled under state law. Costs and expenses for which the county may be reimbursed begin to accrue at the time the county first receives a complaint regarding the graffiti. Costs and expenses may be recovered once it has become necessary for the county to conduct an abatement hearing. Notwithstanding the foregoing, costs and expenses of abatement may not be recovered from the owners of single-family residences that are owner-occupied.

b.

The sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, shall notify, in writing the owner or possessor of the property upon which graffiti has been abated by the county, the cost of said abatement in accordance with Section 25845 of the Government Code. Within 10 days of the mailing of such notice, any such party concerned and any other person having any right, title, or interest in the property, may file with the said county a written request for a hearing on the correctness, reasonableness or both of such claim of abatement costs. The sheriff, the director, department of public works or his or her designee or any additional county department head, as authorized by the board of supervisors, shall then cause notice of the time and place of the hearing before the director of the department of public works or his or her designee to be given to the owners and possessors of the property, and to any other interested person requesting the same by United States mail, postage prepaid, addressed to the person at his/her last-known address at least five days in advance of the hearing.

c.

At the time and place fixed for receiving the report, the director of the department of public works or his or her designee shall hear and pass upon the report together with any objections or protests raised by any of the persons liable for the cost of abating the nuisance. Thereupon, the director of the department of public works or his or her designee shall make such revision, correction and modification to the report as it may deem just, after which the report as submitted, or as revised, corrected or modified, shall be confirmed. The decision of the director of the department of public works or his or her designee is final.

8.

If the total cost of the abatement of the graffiti by the county is not paid to the county within 10 days after the date of the notice of the cost of the abatement, the county shall record, in the office of the county recorder, a statement of the total balance due to the county, a legal description of the property, and the name of the owner concerned. From the date of such recording, the balance due will constitute a lien on the property. The lien will continue in full force and effect until the entire amount due, together with interest as the maximum legal rate accruing from the date of the completion of the abatement, is paid in full. Notwithstanding the foregoing, no lien shall be placed on a single-family residence which is owner-occupied.

9.

The county may also, in accordance with the provisions of the laws of the state of California, cause the amount due to the county by reason of its abating graffiti together with interest at the maximum legal rate, accruing from the date of the completion of the abatement, to be charged to the owners of the property, on the next regular bill. All laws of the state of California applicable to the levy, collection and enforcement of the county taxes are hereby made applicable to the collection of these charges. Notwithstanding the foregoing, no charges shall be added to the tax bill of an owner of a single-family residence which is owner-occupied.

10.

The board of supervisors may bring appropriate actions, in a court of competent jurisdiction, to collect any amounts due by reason of the abatement of graffiti by the county and to foreclose any existing liens for such amounts. Notwithstanding the provisions of this chapter, the county may bring the appropriate civil and criminal action in a court of competent jurisdiction for abatement of any nuisance within the county pursuant to any other provision of the law.

D.

Ease of Removal Provisions.

1.

Any gas, telephone, water, sewer, cable, telephone or other utility operating in the county, other than an electric utility, shall paint their above-surface metal fixtures which are installed after the effective date of this chapter with a uniform paint type and color as directed by the director of public works or his or her designee.

2.

Encroachment permits issued by the county may, among other things, be conditions on (a) the permittee applying an anti-graffiti material to the encroaching object or structure of a type and nature that is acceptable to the director of public works or his or her designee; (b) the immediate removal by the permittee of any graffiti; (c) the right of the county to remove graffiti or to paint the encroaching structure; (d) the permittee providing county with sufficient matching paint and/or anti-graffiti material on demand for use in the painting of the encroaching object or structure containing graffiti.

3.

In imposing conditions upon conditional use permits, variances, building permits to the extent permitted by this code, or other similar land use entitlement or development or design applications, the county may impose any or all of the following conditions or other similar or related conditions:

a.

Applicant shall apply an anti-graffiti material of a type and nature that is acceptable to the director of public works or his or her designee to such of the publicly viewable surfaces to be constructed on the site deemed by the director or designee, to be likely to attract graffiti ("graffiti-attracting surfaces");

b.

Applicant shall grant in writing, the right of entry over and access to such parcels, upon 48 hours' posted notice, by authorized county employees or agents, for the purpose of removing or painting over graffiti on graffiti-attracting surfaces previously designated by the director of public works or his or her designee. Such grant shall be made an express condition of approval and shall be deemed to run with the land;

c.

Applicant, and any and all successors in interest, shall, for a period of two years after approval, provide the county with sufficient matching paint and/or anti-graffiti material on demand for use in the painting over or removal of designated graffiti-attracting surfaces;

d.

Persons applying for subdivision maps shall, as part of any conditions, covenants and restrictions, covenant, which covenant shall run with the land in a form satisfactory to the county, that the owners of the lots shall immediately remove any graffiti placed on publicly viewable trees and structures thereon to county's satisfaction.

(Ord. 93-0072 § 1 (part), 1993.)