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HomeMy WebLinkAboutStaff Report 4.A 04/17/20064.A CITY OF PFTALUMA, CALIFORNIA April 17, 2006 AGENDA BILL (' Agenda Title: Review and Approval of an Ordinance relating to Meetine Date: April 17, 2006 Graffiti Abatement. Meeting Time X 3:00 PM ❑ 7:00 PM Category (check one): ❑ Consent Calendar ❑ Public Hearing X New Business ❑ Unfinished Business ❑ Presentation Department: I Director: Contact Person: Phone Number: Parks and Recreation I Jim jca '- J Jim Carr (707) 778-4380 Cost of Proposal: NIA Account Number: NIA Amount Budgeted: Name of Fund: Attachments to Agenda Packet Item: Draft of Proposed Ordinance Relating to Graffiti Abatement Summary Statement: Graffiti in any City creates a condition of blight, resulting in the deterioration of property values, business opportunities, and general atmosphere of life for persons using adjacent and surrounding properties. In addition, unless the graffiti is cleaned up within a short period of time, it has a tendency to attract additional amounts of graffiti, further compounding the issue. The City of Petaluma has been for the most part, relying on the volunteer organization "PEG" (Petaluman's Eradicating Graffiti) to combat the spread of graffiti. Assistance in the form of legislation is needed to help in the effort to eliminate graffiti from Petaluma. The proposed legislation emphasizes a collaborative effort on the part of the community in cleaning up graffiti and when perpetrators are caught, that they face the consequences of their actions. Recommended City Council Action / Suggested Motion: Approve the proposed Ordinance relating to Graffiti Abatement. Reviewed by Admin. Svcs. Dir: D �%t*,� � Today's Date: Reviewed -by Citv Attorney: Date: In Revision # and Date Revised: Approved by City Manager: Date: File Code: 2 CITY OF PETALUMA, CALIFORNIA 3 APRIL 17, 2006 4 5 AGENDA REPORT 6 FOR 7 Review and Approval of an Ordinance to Abate Graffiti 9 10 1. EXECUTIVE SUMMARY: 11 12 Graffiti has increased in the last few years, in communities throughout the state. Often associated 13 with gang activities, it is more likely the results of a culture of individuals and groups who 14 choose to degrade public and private property through the use of paint, markers, etc. Regardless 15 of the cause, the results on a community are quite negative. Graffiti creates an atmosphere of 16 blight, negatively affecting tax payer's property values and creating an unhealthy and unsightly 17 atmosphere for the populace. The City of Petaluma has been fairly successful in combating 18 graffiti over the last seven years through volunteer efforts, but legislation is required to assist in 19 the effort, especially in providing consequences to those who choose to suffer blight upon the 20 Petaluma Community. 21 22 2. BACKGROUND: 23 24 Like most Cities in California, Petaluma has not been immune to the spread of graffiti on public 25 and private buildings and structures. The removal of this unwanted vandalism costs tax payers 26 thousands of dollars in clean-up fees, creates an atmosphere of blight, and even affects the safety 27 of private citizens who attempt to clean it up. 28 29 The City of Petaluma has been fortunate in having a cadre of volunteers from the community 30 who clean up graffiti, especially in the more public locations. The group, known as "PEG" 31 (Petaluman's Eradicating Graffiti) has over the last seven years, cleaned up thousands of 32 documented graffiti applications, but the blight continues. The volunteer cadre is supported by 33 local contractors and organizations and individuals who have donated paint and funds for 34 cleaning supplies. 35 36 In the past, when violators have been arrested, there have been minimal consequences for their 37 actions. 38 39 Petaluma Police Department personnel have investigated Graffiti Ordinances from a variety of 40 communities throughout the state, looking for an application that could work in Petaluma. One 41 common factor that appears in most Graffiti Ordinances relates to businesses that have graffiti 42 illegally placed on their property. If the businesses do not remove the graffiti within a specified 43 period of time, they are in violation of the ordinance and are subject to a series of tough and 44 expensive fines. In a sense, the victims of criminal activity are they themselves placed in the 45 position of being criminals. This mentality is not conducive for a community working together to 46 fight this blight. Staff has used the template of other city ordinances and developed a proposed 47 ordinance which meets the needs of the Petaluma community, encouraging the community to 48 work together in combating the problem. 49 50 2 3 Staff met with representatives of the Petaluma Chamber of Commerce and the Petaluma 4 Downtown Association. The meeting was an interactive sharing of experiences and coming to 5 some common ground regarding the effort to work together as a community. The meeting 6 resulted in some changes to the proposed ordinance, some of which are identified below. One 7 section found in most city ordinances that was removed from the original draft involves the 8 control of paint materials. The need to have graffiti implements and or paint under lock and key 9 was believed to be onerous on the business community with no real benefit. Numerous examples 10 were cited of people of legal age purchasing large quantities of paint and then probably reselling 11 it in the community to minors. Members in attendance felt what would be more beneficial would 12 be to hold storeowners accountable for their sales. It was suggested that the city use the "sting" 13 type of operation to ensure that sales clerks were checking identification before selling 14 merchandise. Also, that store owners and their staff are made aware of what the penalties are for 15 selling paint supplies to minors. Attendees to the meeting also suggested using the Chamber's 16 and PDA's newsletters to publicize the graffiti removal / eradication program. 17 18 The proposed ordinance, like most ordinances spells out the prohibitions against applying 19 graffiti, and speaks to restitution, public education, standards for removal, etc. In the proposed 20 ordinance that the City Council is asked to approve, five sections are brought to the Council's 21 attention. 22 23 Section 10.29.050 prohibits minors from having the implements in their possession. 24 25 Section 10.29.060 identifies penalties available in addition to those available for misdemeanors. 26 Included are: 27 28 A. That any defendant under 18 years of age caught applying graffiti shall pay a fine of $500 29 for a first offense, $1,000 for a second offense, and $1,500 for a third offense. Any defendant 18 30 years of age or older caught applying graffiti shall pay $1,000 for a first offense, $2,000 for a 31 second offense, and $3,000 for a third offense. 32 Note: The doubling of penalties for anyone 18 years of age or older 33 is a joint recommendation of the City Council and the Chamber of Commerce. 34 B. That the defendant clean up, repair or replace the damaged property himself or herself, 35 or that the defendant, and his or her parents or legal guardians if the defendant is a minor, keep 36 the damaged property or other specified property in the City free of graffiti for up to one year. 37 This clean up, repair or replacement obligation shall be at the defendant's expense, or at the 38 expense of the defendant's parents or legal guardians if the defendant is a minor. 39 C. For each conviction of a person aged 13 to 21 the City may petition the court to 40 suspend existing driving privileges or delay the issuance of driving privileges in accordance 41 with California Vehicle Code Section 13202.6. 42 D. That any defendant caught applying graffiti shall be required to attend and complete a 43 Diversion Counseling Program through the Petaluma People's Services Center. 44 Note: Diversion Counseling recommended by the Chamber of Commerce 3 1 3 4 5 6 7 8 9 1a 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Section 10.29.090 Whenever the police chief or his/her designee determines that graffiti exists on any permanent structure in the City and is within public view, he/she shall cause a notice to be issued to the property owner to remove the graffiti. The notice shall be in the form of a written letter which will include a copv of the Ordinance reeardine Graffiti, Abatement, mid either a phone call or visitation by City representatives to secure immediate voluntary response on the part of the property owner and or tenant. The property owner and or tenant will be encouraged to remove the graffiti within seven days or contact representatives of "PEG" via the Graffiti Hot Line for graffiti removal, or use some other source to remove the graffiti within the specified time frame. Provided the property owner and or tenant has made a eood faith effort to remove the eraffiti and or contact "PEG", in the proscribed time of seven days, the prouerty owner and or tenant shall not be subiect to the Abatement Penalties as specified in section 10.29.240 (C) below. The property owner shall have seven (7) calendar days after the date of the notice to remove the graffiti or the property will be subject to abatement by the City. This section is different than most ordinances which start identifying abatement procedures leading to financial penalties for lack of performance in a specified period of time. The emphasis is to encourage voluntary eradication of the graffiti and to provide an option (i.e. PEG). If the property owner should choose not to comply, section 10.29.140 outlines "Liability for city's cost of abatement." Following a meeting with the Chamber of Commerce, recommendations were added as highlighted and outlined above, whereby a copy of the Ordinance for Graffiti Abatement is included with the notice to clean the Graffiti, and a good faith effort to clean graffiti prevents the owner from being subject to having a lien placed on their property for failure to comply to this ordinance. Section 10.29.140 If the City should remove the graffiti due to lack of response of the property owner, "The property owner shall be responsible to the City for the Expenses of Abatement." This section has provision for the property owner to appeal to the City Manager and City Council, and allows the city to use the lien process to recover its costs. Section 10.29.180 Establishes a trust fund which can be a depository for penalties, donations, grants, etc. which can be used for the fight against graffiti. L( 4 ALTERNATIVES: a. Provide staff with input to further improve the proposed draft ordinance for future consideration and adoption. 8 b. Direct staff to move into a more traditional, aggressive form of code enforcement in 9 removing graffiti. 10 11 4. FINANCIAL IMPACTS: With the approval of the proposed ordinance, there is a vehicle to accept 12 donations which could assist with the eradication effort. Additionally, through the use of 13 donations, the avenue of rewards for successful convictions can help to stop the application of 14 graffiti. 15 16 To date, the costs to the City for graffiti removal has been minimal, with the purchase of "Misty" 17 graffiti remover, occasional purchases of rags and brushes. For the most part, donations and 18 small grants have paid for many of the cleaning supplies. There is no reason this effort cannot 19 continue. 20 21 5. CONCLUSION: The application of graffiti continues within the City of Petaluma. Additional 22 assistance in the form of legislation will go a long way to help in the effort to remove this blight 23 from the community. The proposed ordinance provides a vehicle for the Petaluma Community to 24 work together in combating this issue. 25 26 6. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION: The number of work orders for graffiti clean-up provides a documented record of how successful the program is. Requests for work often come via the graffiti hotline, with volunteers providing the cleanup and documenting their efforts. Additionally, the degree to which graffiti is in the community is readily observable by its citizens. Performance measures can be a combination of these factors. RECOMMENDATION: Approve the recommended ordinance. S:grafliti ordinance cedraft ORDINANCE NO. N.C.S. Introduced by Seconded by AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA ADDING CHAPTER 10.29 TO THE PETALUMA MUNICIPAL CODE RELATING TO GRAFFITI ABATEMENT WHEREAS, the City currently has inadequate regulations governing graffiti removal; and WHEREAS, Graffiti is inconsistent with the City's goals and standards for property maintenance and appearance; and WHEREAS, Graffiti is obnoxious and offensive and creates a condition of blight within the City that results in the deterioration of property values, business opportunities and general enjoyment of life for persons using adjacent and surrounding properties; and WHEREAS, Graffiti tends to undermine the City's efforts to prevent and/or reduce instances of criminal conduct; and WHEREAS, Unless it is quickly removed, graffiti results in adjoining and nearby properties becoming additional targets for graffiti, thereby causing additional property damage and dirrunislvng property values; and WHEREAS, Graffiti impairs the ability of City officials to safeguard the safety and welfare of its citizens; and WHEREAS, the existence and proliferation of graffiti constitutes a public nuisance which must be abated quickly so as to avoid the detrimental impact of such graffiti on the city and,to prevent the further spread of graffiti; and WHEREAS, gang -related graffiti poses a particularly dangerous threat, as such graffiti often incites violent confrontation which threatens the public health and safety. Therefore, the City Council finds that gang -related graffiti must be removed immediately. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. A new Chapter 10.29, entitled, "Graffiti Abatement" is hereby added to the Petaluma Municipal Code to read as follows: CHAPTER 10.29 t � a :: II�ItiD1CYY 10.29.010 Purpose 10.29.020 Definitions 10.29.030 Nuisance 10.29.040 Graffiti Prohibited 10.29.050 Graffiti Implements Restricted 10.29.060 Additional Penalties Available 10.29.070 Parental Responsibility 10.29.080 Removal of Graffiti; Standards for Removal 10.29.090 Notice 10.29.100 Service of Notice 10.29.110 Failure to Remove Graffiti 10.29.120 Removal by City 10.29.130 Summary Abatement by City 10.29.140 Liability for City's Cost of Abatement 10.29.150 Restitution 10.29.160 Reward for Information 10.29.170 Community Education 10.29.180 Trust Fund 2 y� 10.29.190 Provisions Not Exclusive 10.29.010 Purpose. 'lhe purpose of this chapter is to promote the public health, safety, and welfare of residents and to protect property within the City of Petaluma ("City") by providing a program for removal of graffiti from walls and structures on both public and private property, and to provide regulations designed to prevent and control the further spread of graffiti in the City. The increase of graffiti on both public and private buildings, structures, and places is creating a condition of blight within the City, which results in a deterioration of property and business values for adjacent and surrounding properties, all to the detriment of the City. 10.29.020 Definitions. Whenever the following words and phrases are used in this Chapter 10.29, they shall have the meanings ascribed to them as follows: A. "Abate" or "Abatement" means the elimination, removal or termination of graffiti from public or private property located within the City limits. B. "City" means City of Petaluma and "City Council' means the City Council of Petaluma. C. "Costs of Removal' means any cost incurred by the City for removal, elimination, or termination of graffiti from either public or private properly. D. "Deface" means intentionally altering the physical shape or physical appearance of property by inscription, words, figures, signs, or design without prior written permission of the property owner. E 'Expenses of Abatement" means all costs incurred by the City related to abatement of graffiti conditions, including without limitation, the costs of removal, count costs, attorneys fees, administrative costs, and any law enforcement costs relating to the identification and/or apprehension of a person who defaces property with graffiti or who fails to remove graffiti from property atter being ordered to do so. F. "Graffiti" shall mean any unauthorized inscription, word, figure, mark, sign, decal, tag or design that is written, marked, etched, scratched, drawn, pasted, sprayed, painted or otherwise affixed on any real or personal property. G. "Graffiti Implement" means any felt tip marker capable of leaving a marls at least 3/8" of an inch wide, etching material that is capable of etching glass, aerosol container which contains paint, ink, dye, or any similar substance and which is capable of resulting in the placement of graffiti upon any surface or substance, including but not limited to, glass, metal, concrete, wood and plastic. H. "Person" means a natural person(s). I. "Property Owner" means any person who is the owner of real or personal property that has been defaced, or who has primary responsibility for control over the property, or who has primary responsibility for maintenance and repair of the property, and shall include any person owning, leasing, renting, occupying, managing, or having charge of any property or structure. L "Public View" means any public or private area that is accessed from a public roadway, sidewalk or common area and that is open to view by persons from said public roadway, sidewalk or common area. K. 'Responsible Adult" means a parent, legal guardian, or other person over the age of 21 years who is charged with legal responsibility and/or supervision of a minor. L. "PEG" means Petaluman°s Eradicating Graffiti, a group of volunteers dedicated to removing graffiti from all areas within the City of Petaluma. 10.29.030 Nuisance. Graffiti on public or private property, either real or personal, constitutes a public nuisance. 10.29.040 Graffiti prohibited. No person shall place graffiti upon any public or privately owned permanent structure or personal property located on publicly or privately owned real property that is within public view in the City. Any violation of this provision may be prosecuted as a misdemeanor in addition to any other penalties provided for such violation, including without limitation, the penalties provided in Penal Code Section 594. 10.29.050 Graffiti implements restricted. A. No person under the age of eighteen (18) years and not in the presence of a parent or legal guardian shall have in his or her possession a graffiti implement, as defined by this chapter, while in any public park, playground, swimming pool, public recreational facility or any public right of way, public building or structure owned or operated by the City or while within fifty (50) feet of an underpass, bridge, abutment, storm drain, or similar types of infrastructure in the City unless necessary to participate in a function sponsored by the City. This section shall not apply to authorized employees of the City nor shall it apply to the authorized agents or contractors under contract with the City. B. It shall be unlawful for any person under the age of eighteen (18) years and not in the presence of a parent or legal guardian to possess any graffiti implement while on school property, grounds, facilities, buildings, or structures, or in areas immediately adjacent to those specific locations upon public property, or on private property without the prior written consent of the owner or occupant of such private property. The provisions of this Section shall not apply to the possession of broad -tipped markers by a minor attending or traveling to or from a school at which the minor is enrolled if the minor is participating in a class at the school that formally requires the possession of broad -tipped markers. The burden of proof in any prosecution for violation of this Section shall be upon the minor student to establish the need to possess a broad -tipped marker. C. It shall be unlawful for any person, firm or corporation to sell or give any graffiti implement, as defined by this chapter, to any individual under the age of eighteen (18) years, who is not accompanied by a parent or legal guardian. D. Any person, firm or corporation offering for sale to the public any graffiti implement, as defined by this chapter, shall keep a log when aerosol containers of paint are purchased. The sales clerk will log the name, address, driver's license number and number of aerosol containers of paint purchased, by any individual obtaining five (5) or more aerosol containers of paint. E. Any person, firm or corporation engaged in the retail sale of any graffiti implement as defined by this chapter, must display at a conspicuous location a legible sign measuring not less than twelve (12) inches by twelve (12) inches with letters at least 1/2 inch in height which states: 5 to "It is unlawful for any person to sell or give to any individual under the age of eighteen years any implement or other device capable of being used to deface property. Any person who maliciously defaces real property is guilty of vandalism which is punishable by a fine, imprisonment, or both" (Ordinance Number specified) F. Any person, firm or corporation that violates any provision of this section shall be guilty of a misdemeanor. 10.29.060 Additional penalties available. In addition to the penalties available for misdemeanors under California State Law and the Petaluma Municipal Code, whenever deemed appropriate by the prosecuting attorney the City shall petition a sentencing court to impose any or all of the following additional penalties upon conviction for violation of section 10.29.040: A. Where permitted under state law, that any defendant under 18 years of age caught applying graffiti shall pay a fine of $500 for a fust offense, $1,000 for a second offense, and $1,500 for a third offense, and any defendant 18 years of age or older caught applying graffiti shall pay $1,000 for a first offense, $2,000 for a second offense, and $3,000 for a third offense. B. That the defendant clean up, repair or replace the damaged property himself or herself, or that the defendant, and his or her parents or legal guardians if the defendant is a minor, keep the damaged property or other specified property in the City free of graffiti for up to one year. This clean up, repair or replacement obligation shall be at the defendant's expense, or at the expense of the defendant's parents or legal guardians if the defendant is a minor. C. For each conviction of a person aged 13 to 21 the City may petition the court to suspend existing driving privileges or delay the issuance of driving privileges in accordance with California Vehicle Code Section 13202.6. D, That any defendant caught applying graffiti shall be required to attend and complete a Diversion Counseling Program through the Petaluma People's Services Center. 6 10.29.070 Parental responsibility. Pursuant to Civil Code Section 1714.1(b), where graffiti is applied by a minor, the parents or legal guardian of the minor shall be jointly and severally liable for the payment of civil damages resulting from the minor's misconduct in an amount not to exceed Twenty-five Thousand Dollars ($25,000). 10.29.080 Removal of graffiti; standards for removal. A. No property owner shall permit his or her property that has been defaced with graffiti to remain so defaced for more than seven (7) calendar days following notification to the property owner or other responsible person(s) from a city official to remove the graffiti. B. Graffiti shall be removed or completely covered in a manner that renders it inconspicuous. When graffiti is painted out, the color used to paint it out shall match the original color of the surface, or the entire surface shall be repainted with a new color that is aesthetically compatible with existing colors and architecture. The removal shall not leave shadows and shall not follow the pattern of the graffiti such that letters or similar shapes remain apparent on the surface after graffiti markings have been removed. If the area is heavily covered with graffiti, the entire surface shall be repainted. 10.29.090 Notice. A. Whenever the police chief or his/her designee determines that graffiti exists on any permanent structure in the City and is within public view, he/she shall cause a notice to be issued to the property owner and tenant to remove the graffiti. The notice shall be in the form of a written letter which will include a copy of the Ordinance regarding Graffiti Abatement, and either a phone call or visitation by City representatives to secure immediate voluntary response on the part of the property owner and or tenant. The property owner and or tenant will be encouraged to remove the graffiti within seven days or contact representatives of "PEG" via the Graffiti Hot Line for graffiti removal, or use some other source to remove the graffiti within the specified time frame. Provided the property owner and or tenant has made a 7 good faith effort to remove the graffiti and or contact "PEG" in the proscribed time of seven days, the property owner and or tenant shall not be subject to the Abatement Penalties as specified in section 10.29.140 (C) below. The property owner shall have seven (7) calendar days after the date of the notice to remove the graffiti or the property will be subject to abatement by the City. B. The property owner may appeal the determination of the police chief or his/her designee regarding the existence of graffiti, whether the person upon whom the notice was served is responsible for its removal, or whether circumstances exist that would justify an extension of time for removal, by filing a written notice of the appeal with the City Manager within three (3) days after receipt of the original notice by the property owner. The city manager is authorized to review and render a decision on any appeal and shall serve such decision on the person(s) filing the appeal within three (3) business days of the decision. The seven (7) day period for removal of graffiti shall be tolled during pendency of an appeal. The decision of the City manager may be appealed to the City Council within fifteen (15) days. 10.29.100 Service of written notice. If required, a notice to remove graffiti required by section 10.29.090 shall be served upon the property owner(s) as such owner's name and address appears on the last equalized property tax assessment rolls of the County of Sonoma. In addition, if there is a tenant of the premises, the notice shall also be served on said tenant. If there is no known address for the property owner, the notice shall be sent in care of the property address. If there is no person occupying said property, the notice shall be posted thereon. The notice required by this chapter may be served in any one of the following manners, unless the notice is served by posting: A. By personal service when serving the owner, occupant, or person in charge of the property; or B. By registered or certified mail addressed to the owner at the owner's address listed on the last equalized property tax assessment rolls or at the property address, if applicable. 10.29.110 (Failure to remove graffiti.) <Reserved> 8 13 10.29.120 Removal by City. A. Upon failure of any person to comply with the notice to remove graffiti by the designated date, or such continued date thereafter as the city manager or his/her designated representative approves, the city manager is authorized to cause the graffiti to be removed by city forces or private contract. B. Neither the City, nor any of its officials, officers, employees, consultants, or representatives, including a private contractor hired by the City to remove graffiti, shall be liable for alleged losses or damages pertaining to the removal of graffiti in the manner described and authorized in this chapter, save and except for any losses or damages resulting fi-om gross negligence or willful misconduct. C. The removal of graffiti authorized by this section is subject to the following: 1. Where the graffiti is on a structure owned by a public entity other than the City, entry onto the property for removal of the graffiti shall be authorized only after securing the consent of the public entity having jurisdiction over the structure and such entity executes a waiver and release, and agrees to an assumption of direct costs incurred by the City for the removal. 2. Where the graffiti is on a privately -owned structure, unless summary abatement is authorized under section 10.29.130 or is necessary as an emergency measure, entry onto the private property for removal of the graffiti shall be authorized only after securing the consent of the property owner and the owner executes a waiver and release, or upon issuance of an Abatement Warrant by a Court of competent jurisdiction under California Code of Civil Procedure Section 1822.50 et seq. The costs of obtaining an Abatement Warrant may be recovered as an Expense of Abatement under section 10.29.140. 10.29130 Summary abatement by City. In emergency cases, the police chief or his or her designee is hereby authorized to summarily abate gang -related graffiti. The abatement may be undertaken by City staffer representatives, or by outside contractors. For purposes of this Section only, gang -related graffiti shall be defined as graffiti that is placed on private or public property by some person or person reasonably believed by 9 ILI the City's police department or other local law enforcement agency to be a member of, or affiliated with a criminal street gang, as that term is defined in Penal Code Section 186.22. The costs of summary abatement, including the Costs of Removal and other expenses of abatement, may be assessed against the person causing or creating the graffiti, or a Responsible Adult, or an emancipated minor who is responsible for creating the graffiti. Recovery of the Costs of Removal or Expenses of Abatement may be enforced by the City in the manner and following the procedures described in Government Code Section 38773.2. 10.29.140 Liability for city's cost of abatement. Except as otherwise provided in this Chapter: A. The property owner shall be responsible to the City for the Expenses of Abatement. Notice of the Expenses of Abatement shall be given to the property owner by the city manager, in the same manner as provided for giving notice in Section 10.29.100 (Service of Notice) hereof. B. The property owner may appeal said Expenses of Abatement to the city manager by filing a written appeal within fifteen (15) days of the service of said notice. He/she may appeal the city manager's determination by written appeal to the city council within fifteen (15) days after receipt of the city manager's decision. The decision of the city council shall be final, save and except for judicial review. C. Unless said Expenses of Abatement are paid within thirty (30) days of service of notice of same, or in the case of an appeal, within thirty (30) days of service of notice of the determination of the appeal, a notice of lien shall be recorded in the office of the Sonoma County recorder and shall constitute a lien on the property and may be assessed against the property owner in the manner and following the procedures described in Government Code Section 38773 2. 10.29.150 Restitution. The City or any Property Owner who suffers property damage and/or monetary loss as a result of having to remove graffiti may seek restitution for all Expenses of Abatement, including all Costs of Removal, for any damage caused by the graffiti or the removal of same. Restitution may be pursued by the City and/or the Property Owner in a separate civil action or as part of a criminal 10 proceeding against the perpetrator. A Responsible Adult may be held liable for damage or costs incurred as a result of graffiti by a minor who defaces or otherwise damages property pursuant to this Chapter. 10.29.160 Reward for information. The City Council may, by resolution, offer and pay a reward for information leading to the apprehension and conviction of any person who places graffiti or other inscribed material as defined in this chapter upon private or public structures in the City. In addition to any fines levied by the City for violation of this chapter, any person who has damaged property by inscribing graffiti shall be liable for the amount of the reward paid pursuant to this chapter and California Government Code Section 53069.5. 10.29.170 Community education. The City Manager, or his or her designee, may conduct regular programs to provide community education regarding the prevention of graffiti. 10.29.180 Trust Fund The City Council hereby creates the City of Petaluma's Anti -Graffiti Trust Fund_ Penalties assessed against violators of this Ordinance shall be placed in the fund, along with any monetary donations received from persons wishing to contribute to the fund. The Council shall direct the expenditures of monies in the fund. Such expenditures shall be limited to the payment of the cost of graffiti removal, the payment, at the discretion of the City Manager, of rewards for information leading to the conviction of violation of the Ordinance and the costs of administering the Ordinance. 10.29.190 Provisions not exclusive. This chapter is not the exclusive regulation of graffiti as a nuisance within the City. It supplements and is in addition to any other applicable law. Section 2. Section 10.28.010 of the Petaluma Municipal Code is hereby repealed in its entirety. Section 3. If any section, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 4. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 5. The City Clerk is hereby directed to post this ordinance for the period and in the manner required by the City Charter. INTRODUCED and ordered posted/published this _ day of 12006. ADOPTED this day of . 2006 by the following vote: AYES: NOES: ABSENT: ATTEST: City Clerk #771894 s: graffiti ordinance 06 Mayor APPROVED AS TO FORM: City Attorney 12 t