HomeMy WebLinkAbout02/15/1995 B A K E R S F I E L D
Randy Rowles, Chair
Irma Carson
Galen Chow
Staff: Trudy Slater
AGENDA
LEGISLATIVE AND LITIGATION COMMITTEE
Wednesday, February 15, 1995
4:00 p.m.
City Manager's Conference Room
'1501 Truxtun Avenue, Suite 201
Bakersfield, CA
1. ROLL CALL
2. APPROVAL OF OCTOBER 6, 1994 MINUTES
3, PRESENTATIONS
4. PUBLIC STATEMENTS
5. DEFERRED BUSINESS '
A. NATIONAL LEAGUE OF CITIES
B. GAS POWERED BLOWERS
6. NEW BUSINESS
A. SET MEETING SCHEDULE/NEXT MEETING
B. REVIEW OF PROPOSED RESOLUTION DELEGATING AUTHORITY TO PUBLIC
WORKS DIRECTOR OR HIS DESIGNEE TO APPROVE PLANS AND
SPECIFICATIONS AND NOTICES OF COMPLETION AND ACCEPTANCE OF
WORK PERFORMED
C. REQUEST FROM KERN INDUSTRY COALITION FOR COUNCIL TO ADOPT A
RESOLUTION SUPPORTINGTHE USE OFA NEIGHBORING BUSINESS ACTIVITY
STATEMENT
D. REVIEW OF CULVER CITY GRAFFITI ORDINANCE AND OTHERS FOR POSSIBLE
USE WITH'MODIFICATIONS IN BAKERSFIELD. REVIEW FEASlBIETY OF
PROHIBITING GRAFFITI OFFENDERS FROM OBTAINING A DRIVER'S LICENSE
BEING INCLUDED IN THE ORDINANCE
E. REVIEW OF BELLFLOWER CURFEW ORDINANCE AND OTHER HELPFUL
ORDINANCES IN REDUCING JUVENILE CRIME
F.COUNCIL RESIDENCY ORDINANCE
G.LEGISLATIVE PROCESS/LEGISLATIVE PLATFORM
7. ADJOURNMENT
FILE COPY
NOTICE OF SPECIAL MEETING
OF THE
LEGISLATIVE AND LITIGATION COMMITTEE
OF THE COUNCIL
OF THE CITY OF BAKERSFIELD
NOTICE IS HEREBY GIVEN that the Legislative and Litigation Committee of the
City Council will hold a Special Meeting for the purpose of a Committee Meeting on
Wednesday, Februaw 15, 1995, at 4:00 p.m., in the City Manager's Conference Room
on the second floor of City Hall, Suite 201, 1501 Truxtun Avenue, Bakersfield, California,
to consider:
1. ROLL CALL
2. APPROVAL OF OCTOBER 6, 1994 MINUTES
3. PRESENTATIONS
4. PUBEC STATEMENTS
5. DEFERRED BUSINESS
A. NATIONAL LEAGUE OF CITIES
B. GAS POWERED BLOWERS
6. NEW BUSINESS
A. SET MEETING SCHEDULE/NEXT MEETING
B. REVIEW OF PROPOSED RESOLUTION DELEGATING AUTHORITY TO PUBEC
WORKS DIRECTOR OR HIS DESIGNEE TO APPROVE PLANS AND SPECIFICATIONS
AND NOTICES OF COMPLETION AND ACCEPTANCE OF WORK PERFORMED
C. REQUEST FROM KERN INDUSTRY COALITION FOR COUNCIL TO ADOPT A
RESOLUTION SUPPORTING THE USE OF A NEIGHBORING BUSINESS ACTIVITY
STATEMENT
D. REVIEW OF CULVER CITY GRAFFITI ORDINANCE AND OTHERS FOR POSSIBLE USE
WITH MODIFICATIONS IN BAKERSFIELD. REVIEW FEASIBILITY OF PROHIBITING
GRAFFITI OFFENDERS FROM OBTAINING A DRIVER'S LICENSE BEING INCLUDED
IN THE ORDINANCE
E. REVIEW OF BELLFLOWER CURFEW ORDINANCE AND OTHER HELPFUL
ORDINANCES IN REDUCING JUVENILE CRIME
F. COUNCIL RESIDENCY ORDINANCE
G. LEGISLATIVE PROCESS/LEGISLATIVE PLATFORM
7. ADJOURNMENT
Trudy Slate~', Administrative Analyst
BAKERSFIELD
Alan Tandy, City Manag~ Patricia M. Smith, Chair
Staff: Trudy Slater Patricia J. DeMond
Lynn Edwards
AGENDA SUMMARY REPORT
LEGISLATIVE AND LITIGATION COMMITTEE
Thursday, October 6, 1994
12:15 p.m..
City Manager's Conference Room
1. ROLL CALL '
Members present: Councilmember Patricia J. DeMond, Chair; and
Councilmember Lynn Edwards
Member absent: Councilmember Patricia Smith
2. APPROVAL OF AUGUST 4, 1994 MINUTES
Minutes were approved as submitted.
3. PRESENTATIONS
None
4. PUBLIC STATEMENTS
None
Agenda Summary Report
Legislative and Litigation Committee
October 6, 1994
Page -2-
$. DEFERRED BUSINESS
A. NATIONAL LEAGUE OF CITIES
Staff had been directed to place on the agenda policy application issues of belonging
to the National League of Cities (NLC) for Committee review, it was reiterated that
the National League of Cities is an organization of elected officials and that
membership on its policy committees would represent the most effective avenue for
impacting legislation at the national level.
Staff was directed to research the NLC's committee structure and to compile
proposed membership and attendance-associated costs (budget) at NLC meetings for
(an average of) four Councilmembers. Councilmember Edwards indicated that he
felt that the City Council's travel policy should provide Councilmembers with the
individual options to attend NLC or League of California Cities (LCC) meetings at
their discretion, within budget constraints. It was requested that the information be
available by the November Legislative and Litigation Committee meeting.
As part of the discussion on the legislative process relating to the NLC discussion,
a request was made to place the City's legislative process/legislative platform on the
next agenda. Future meeting considerations would include timing of the Legislative
Platform with State Legislative actions as well as LCC resolution proposals and the
use of prior year's LCC resolutions to help formulate current year City policies.
It was suggested that LCC resolutions should be reviewed by the Legislative &
Litigation Committee prior to City Council decision and recommendations to the
LCC voting delegate at the Annual Conference.
6. NEW BUSINESS
D. GAS-POWERED BLOWERS
Staff reviewed concerns listed in Mr. Kempen's letter. It was reported that Robert
C. Dowell, Director of Planning for the San Joaquin Valley Unified Air Pollution
Control District (SJVUAPCD) had indicated that it and the Air Resources Board
were addressing the issue of gas-powered leaf-blower pollutants/noise from the
manufacturing level. They were most concerned with eliminating harmful discharges
and noise emitted caused by the engines rather than adding constraints on the user's
Agenda Summary Report
Legislative and Litigation Committee
October 6, 1994
Page -3-
end. Mr. Dowell indicated he was unaware of any restrictions on gas-powered
blowers at the users level either by the SJVUAPCD or the Air Resources Board.
The Committee felt that in-depth research is needed on the impacts upon the
community of restrictions on the use of leaf blowers. Staff was directed to research
the issue further. A letter will be directed to Mr. Kempen indicating that the issue
of gas-powered blowers is being addressed by the Legislative & Litigation
Committee. A similar letter will also be directed to Mr. Rademacher.
i' 7. ADJOURNMENT
The meeting adjourned at 1:30 p.m.
Staff In Attendance: City Attorney Judy Skousen; Assistant City Manager Gail Waiters;
Administrative Analyst Trudy Slater; Community Services Manager Lee Andersen; Parks
Superintendent Frank Fabbri
TrS.jp
BAKERSFIELD
MEMORANDUM
November 1, 1994
TO: LEGISLATIVE AND LITIGATION COMMITTEE
PATRICIA M. SMITH, CHAIR, COUNCILMEMBER, WARD 3
PATRICIA J. DEMOND, COUNCILMEMBER, WARD 2
LYNN EDWARDS, COUNCILMEMBER, WARD 1
FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST II
SUBJECT' COST ANALYSIS FOR NATIONAL LEAGUE OF CITIES CONFERENCES AND
MEMBERSHIP
At the last Legislative and Litigation Committee meeting, the Committee requested
"average" information on costs for attending National League of Cities
conferences as well as current costs for membership.
Membership in the National League of Cities will cost $7,787 beginning January
1, 1995. Membership costs are based on population size; in our case, we belong
in the 200,000 to 225,000. City officials are eligible to serve on any of the
NLC's five standing committees whether or not you are a direct member of the NLC.
Approximately 200 members serve on each standing committee. To be a member of
the steering committee of-a standing committee, you must be a member of the NLC.
Each standing committee has approximately 35 members. Membership also ,brings
with it access to the NLC's substantial data bases and research capabilities in
addition to regular publications.
Although the NLC has conferences throughout the year, they have two "major"
annual conferences, one in March (which travels to different cities) and one in
December (normally in Washington, D.C.).· I have used the two major conferences
and one regional conference to estimate average costs of conferences. This, of
course, would change as places, hotels, workshops, etc. change in costs and
nature. Conference registration listed reflects "early bird" registration; later
registrations would incur increased costs.
Member Non-Member
Annual Foundations for the Future Conference
(3/11-15/94)
Early registration $ 285 $ 375
Leadership training seminars (2 of 12 at 250 250
$125 each)
Hotel $150/night x 5 nights 750 750
Per Diem $45 x 6 24-hour periods 270 270
Total (per councilmember) ~,555 $-~,645
(Average of four councilmembers) x 4 x 4
Total cost to city $-~,220 $6,580
LEGISLATION AND LITIGATION COMMITTEE ° Page 2
November 1, 1994
Member Non-Member
Annual Congress of Cities and Expo (12/1-4/94)
Early registration $ 335 $ 460
Seminars (4 of 18 seminars at $85) 340 340
Hotel $105/night x 4 nights 420 420
Per Diem $45 x 5 24-hour periods 225 225
Total (per councilmember) $1,320 $-i-,445
(Average attendance, 4 councilmembers) x 4 x 4
Total cost to city $-~,280 ~,780
Annual Local Government Professionals Conference
(9/21-24/94)
Early r6gistration $ 21§ $ 245
Seminars (2 at $35) 70 70
Hotel $§7/night x 4 nights 228 228
Per Diem $45 x 5 24-hour periods 225 225
Total (per councilmember) ~ 738 ~ 768
(Average attendance, 4 councilmembers) x 4 x 4
Total cost to city ~,952 ~[~',072
Note: Travel costs (air or land) are not included in these figures.
Using the above figures, if the city, as a non-member, sends an average of four
councilmembers to three NLC conferences a year, it will cost the city and
estimated $15,432, excluding travelling (air, train, motor vehicle) expenses.
If the city is a member of NLC, registration fees are reduced (ranging from $30
to approximately $90, depending on the conference). Through membership, if the
same number of individuals attend the same seminars there will be a savings of
$980 realized. '
I am forwarding the above to you as a follow through to a request at the last
Committee meeting for this information in early November.
Please let me know if you have any questions.
(Ml101941)
cc: Honorable Mayor and Members of the City Council City Manager Alan Tandy
Assistant City Manager Gail Waiters
City Attorney Judy Skousen
Kempenhaus
2707 Rio Vista Drive
Bakersfield, CA 93306
August 26, 1994
Ms Pat Smith, Councilwoman
City of Bakersfield
1..~1 Truxtun Ave
Bakersfield, CA 93301
For years I have witnessed the weekly blowing of dust and debris by yard mainmnance
people into our residences, city streets and alleys. Today's blowing into the alley from the
neighbors side to my side of the city property was especially bad. It was a mushroom cloud of
dust and debris. The dust, of course, goes upward and wafts out into windows or onward for a
half mile or more, but the neighbor's debris was left to sit next to my fence.
Not to menUon the noise pollution. With each maintenance crew talcing a different day on
adjacent yards to mow, mechanically trim and then blow the dust and debris into the city streets, it
could be likened to a continual battle scene.
For the crews, the system is more efficient for maintenance, but the negative side-effects
are shared among ail the neighbors and the City of Bakersfield. Does it make one want to move to
the rain belt?
I cannot believe that this noise and dust is not a hazard to the crew members. Do you know
of any studies done to verify its safety to the crew.? Or any done to verify the second-hand dangers
that lurk from such practice's, to neighbors with allergies?'Probably none from hantaviruses which
deer mice spread in their droppings; we would know by now Or even Valley Fever
c. cx'.cidioidiomycosis fungal spores?
Please consider this practice as one destined for termination within a period ors years or
thereabouts. Our air quality is not very good anyway, and part of the problem in the city is, I am
sure, due to blower use by ~naintenance people and private residents. Perhaps suction equipment,
as with street sweepers, would help the dust situation, though not the noise. Maybe hydraulic
motors run by eleca'ic engines could overcome that.
I would appreciate any consideration that you could give to alleviating this problem.
Sincerely,
Hal Kempen
RESOLUTION NO.
A RESOLUTION DELEGATING AUTHORITT TO
THE PUBLIC WORKS DIRECTOR OR HIS
DESIGNEE TO APPROVE PLANS AND
SPECIFICATIONS AND NOTICES OF
COMPLETION AND ACCEPTANCE OF WORK
PERFORMED.
WHEreAS, the preparation of plans and specifications for
public works projects involves engineering expertise; and
WHEP, EAS, the Public Works Director or his designee
reviews and approves all plans ~nd specifications for public works
projects; and
WHEP~%S, Notices of Completion and Acceptance of work
performed are prepared/by the Public Works Director or his designee
after the latter' has determined that a project has been
satisfactorily completed; and
WHEP~F2%S, the Council wishes to streamline Council agendas
by delegating certain responsibilities to the Public Works Director
where Council approval is not legally necessary for the approval or
acceptance of public works projects;
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The Public Works Director or his designee is
hereby delegated authority to approve plans and specifications for
public works projects.
2. The Public Works Director or his designee is
hereby delegated authority to approve Notices of Completion and
Acceptance of work performed on public works projects.
o0o
KERN IiNL JSTRY COALITION
t Seeking A Balan,' '
441 Vineland
Bakersfield, CA 93
(805)
FAX (805) 366-4
December 8. 1994 '3~2~ .
,~.,~.p, . -
Mayor Bob Price
City of Bakersfield
Bakersfield City Council
Bakersfield City Clerk
Honorable Mayor and City Councilmembers:
On September 12, 1994, at the request of three local organizations:
The Kern Industry Coalition,
The Bakersfield Association of Realtors, and
The Building Industry Association of Kern County,
the Kern County Board of Supervisors passed a resolution supporting the use of a Neighboring
Business Activity Statement.
"It is the declared policy of Kern County to encourage business operations such as agriculture, oil,
mining and manufacturing within the County, and the Kern County General Plan establishes goals
and policies which promote an orderly development pattern conducive to the successful
development of residential and commercial activities .... ' (Please find enclosed a full copy of this
resolution as well as a copy of the Neighboring Business Activity S*.atement eurrentlv being used
by local Realtors.) ' -
At this time the Kern Industry Coalition is asking the City of Bakersfield to pass a similar
resolution promoting good neighbor relations by giving support to local industry and helping
increase awareness that nearby business operations may have some effect on residential
neighborhoods.
Thank you Sincer~
BEFORE THE BOARD OF SUPERVISORS
COUNTY OF KERN, STATE OF CALIFORNIA
in the matter of: Resolution No. 94-459
Reference No. 946273
~+IUUUU
A RESOLUTION OF THE COUNTY OF
KERN SUPPORTING USE OF A PROPOSED
NEIGHBORING BUSINESS ACTIVITY STATEMENT
I, SUE DAVIS, Clerk of the Board of Supervisors of the County of Kern, State of Califomia, do
hereby certify that the following resolution, on motion of Supervisor Shell
, seconded
by Supervisor Larwoo4
, was duly passed and adopted by said Board of Supervisors at an
official meeting hereof this 12thday of September , 1994, by the following vote, to wit:
AYES: Ashbura, Austin, Larwood, Peterson, Shell
NOES: None
ABSENT: None
.~~%% SUE DAVIS
Z_~'~~~ ~..~ Clerk of the Board of Supervisors
County of Kern, State of California
Deputy Clerk
RESOLUTION
Section 1. WHEREAS:
(a) It is the declared policy of Kern County to encourage business
operations such as agriculture, oil, mining and manufacturing with the County, and the
Kern County General Plan establishes goals and policies which promote an orderly
development pattern conducive to the successful .development of residential and
commercial activities; and
94-459
(b) The Kern County General Plan goals and policies also attempt to
minimize conflicts between various land uses. On occasion business activity areas may
find residential property within the proximity of it's operations; and
(c) A group of concerned business owners, calling themselves the Kern
Industry Coalition, the Bakersfield Association of Realtors and the Building Industry
Association of Kern County, all interested in heightening the awareness of homeowners
to any business activity that may be adjacent to their property, have collectively petitioned
this Board to consider supporting the proposed use of a "NeighbOring Business Activity
Statement"; and
(d) The Bakersfield Association of Realtors has informed this Board that
it intends to add the proposed Neighboring Business Activity Statement to the standard
Physical Inspection Checklist, and use good faith efforts to encourage its use in ali
transactions involving their members. The Building Industry Association of Kern County
.~ has informed this Board that it will likewise encourage the use of the statement in real
..~ estate transactions involving new home construction by their membership; and
(e) The use of the Neighboring Business Activity Statement will help
· ~ promote good neighbor relations, assist property owners to better understand the effects
of being near business operations and to more readily understand conditions that prevail
in the neighborhood at the time they acquire their property; and
(f) A public hearing was held today as part of a regularly scheduled
meeting, at which hearing opportunity for giving oral and written presentations in support
of or opposing the proposed resolution in support of the use of the Statement was
afforded; and
(g) It now being the time scheduled for consideration of this Resolution,
this Board heard and considered the comments of all those desiring to address this Board
on this matter;
Section 2. NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of the County of Kern, State of California, hereby finds, determines, declares,
orders, and' resolves as follows:
1. This Board finds that each of the facts recited hereinabove is true, and
that this Board has jurisdiction to proceed and to make the determination hereinafter set
forth.
2. This Board hereby finds and determines that the proposed use of the
Neighboring Business Activity Statement, referred to above, will serve the public interest
and welfare, and represents a consensus among the concerned citizen's group, the
Bakersfield Association of Realtors and the Building Industry Association.
3. The Clerk of this Board shall forward a copy of this Resolution to the
following:
(a) The Kern Industry Coalition
(b) The Bakersfield Association of Realtors
(c) The Kern County Building Industry Association
(d) County Administrative Officer
BD/wl/:i/
94.2750
rt-tofrm.#2
2
~ PHYSICAL INSPECTION CHECKLIST
~8,~1 ~W~ I 2. H~E I~PEC~ON COMP~
Tm~CT~
YES, I~W~ ] 3. 8TRUC~K~TCO~R~ INSPE~ b'mr. ~,I~TWA~
~8.$~w~ ( $. BUI~NGDEPARTMENT We~n~nd~e~o NO.I~TW~
~S.~E [ ?. 8MO~ Weundmrd~em~~ ~.~NOT~F I
M~.
PHYSICAL INSPECTION CHECKLIST:
YES, IOOWANT , ! 18. 8F. CURITYSYSTF. M~ Weunderst~nclwec~nhavees~:u. NO.~OONOTWAHT.
THISINSPF. CTIGN INITIALS fttytyttemsc~npanylnspecttheopdritioaofthss~mllyF/iHmsof THI$1LqPECTION INmAL8
Ibis Ixopwty.
YES. I Do WAHT i' 19. 8ATELJJTE DISH W, unde~ancI we can hM ,, satelti NO. I DO #OT WANT
YES. IDOWANT I 20. 8OI.A.qSYSTEM.~ Wlw1del~'tMIdweOIl~hlv~lloIIfCOl~ NO. IDONOTWANT
THI~ REPORT NTIS. 8 b'mXof fml~Ct, the ~olar ~ OI the pmpe~y. THIS RrrJK)~r
YES, IDOWANT ! 21. 8PRI~KLERG We unclemand we can he~ I lindemplng HO, IDONOTWAHT
THIS REPC~T IdlTl~.l coflb'odor CAI~ the OpMl~lon d ~ opctfliJerl ~ Ume dockl, This THIS ~ IN/TLqLA
symm sho~ bo checked oven If ~ Is r,~flmg.
YES. IDOWAm' I 22. PROPERTYBOUNOARIE8 Weunderstandweo~nhe~a NO, IDONOTWANT
13415 R~PO~T ~IITW.8 iceruod JoM survuyoz ~ the pd'opidy to esWbllsh Uw ~ct THIS REPOI~ liITIALI
YEB, IDOWANT I 23/ZONINO Weufldofslufldthotwocaacheckwlmtheapp¢Opflme NO. IOONOTWAHT.
TFIS REPORT Dd131ALS IgeAcy (dry or count~ planing) Ir, d chock of~ tho Zofltng of thll F(olM~Y T)I3 REPORT
or ~roufxP, Ag Ix'operty ss # could affect tho v~e o~ l~ure ahq~jo of
vsWo of INs
YES, IDOWANT / 24. A$SE$SMENTDISTRICTS We mldM~mtd thid ~1 ,~fl NO, IDONOTWANT
THI~ REPORT hTnALs dteq;k v~h lbo &ppropt~lo o0eney (~f or Cou~y) to dM~rmln~ If this THIS RF. PO~T
ixopon'y ts In my sped- ~s~tsmoe/;IWlct o~ Ido.o. Roos
MdcA mey ~ude, I~t b not Emltod Ip. mefnieMnoo, w~w,
IghUh& sewo~, Kboo~ or sny othM, I~bllo (X IMtVtt0, md that
YES.~OOWANI' ; 2S. FIREPLACES AND CHIMNEYE Weundomlond~hdwe NO. JDONOTW*m
Tll't OdSr~CTION INmAL$ c~fl chlc~ o( hlYe e wortmlon e~q)MIm'lced w~ fireplOO~l lnd eh~mnt,/s '1~18 IN~OECTION iNiTIAL,I
insped condltk~ end opemuon of lbo rfe~.c, ind ordnv~ nc~ ~ ·
Mitlon
YES, IDOWANT , I 26. ASBESTOS HAZARDOUS CHECt( Woundm~dthet NO, IDONOTWANT /
'lHi8 mSI~C~ON INrlW.8 we ce~ hove · compe(erd Ceflfflod Asb4rstos Contredof oc · Regist~red 'l~lS ~S.~EGTION
EnWo~mefl~ Hygienid inlp4d the Ix~xfly fcx' lay
SoS me, mi. unciMground tamu und li~N. :
]
YEs, tDowAJ~rr ~ 27. EARTHGUAKESAFETY Wd~u~def~nd~weca~check NO, I DO NOT WANT .
THIS REPORT 114TIALS with tho I. pprop~tat.I agency (coup..b~iklL, Ig Mq)l../~Mtt)..~ .(S~_ .~e TI'0B. REI"OKT
whether mo p/opony M ire IxJrCAIsk~ Js locked In in AJqUl~
8p4dd St~Jes Zone or Mher ear~o fu~l~ n~ure zone.
YES. IDOWANT I 28. FLOOOHAZARD WelJ/ldM,J'JttcIth~w~C;lrlCIledr,~ithb NO. IDONOTWANT
THIS Rtrpo~T INITt~d.A e~l~oPflato Bgoncy (CO.dy I~l~ilng de pmlmeflt) to d~ormine ~ R4Uw THIS RE.oORT
the pfol)ed'/~ .~0 pu~ch~smg Is Iocl .d k~ · fk~d hl,~d
L
YES, I DO WANT I 20. EI~VIRONMEN'rAL HAZARD~, We u~lomtm~d thst we =mt NO, t O0 NOT WANT / ,
THIS REPOKI' IN~TLq.~: hove 8 campe(e~ Co~§od Asmtos C xdfK4o~ o( Regld~ E nvlrofl- THIS REPORT INrrIN~
metoflsi, undorground bmks and I~ ~, fom~ld~hy'de, md. radon,
YS=$.IDOWAN'I / 30. HOMEWAJ~I~,NTY ThelidvlrdlgMunddls~clVB~lgOSof NO. IOOklOTWM4T
THISWAIM~AHTY INnlAL.S HomeWlnoNJeshsvel0ee~boug]~yeq2mlnldtoulnd~ hive THIS WARRANTY INfTIALO
mede our e~ctlo~ of whd~f or no( Io wrmlse o~o.
Y~S,I DO WANT ; 31. NO, lDO NOTWANT
MS REPOR?/ U4TIAL~ ~ REPORT;
NOTE: AfJSCELLANEOUS IN~PI ~CTION$ X & md
We undelstind the ebove Inspectlon~ end hQw they rellte to Ute I ~efly transldiofl in ~ vhtch we Im Involved.
Wo hive not received m~/veal)el promises M wan~nlJes re0a~cIIn the condition ot thb I n~erty by
We undefstlmd the inqx)lUmce of gettln0 these repods In Miring a ~ to evaluate ihe~ irefully.
We have not relied on repmeentation by orltsegentsastothe6quam K~Bgo0t
this properly. It Ls understood we can measure the ~'opefly or cMc~ w~lh 0re Kern County ~ssessor to detem~ne squtte h)otN)e.
We lgree Io pl'ovide (of' the seller cdr the above described pl'opert~ ii copy of ~ly relxxt, ~ In I decJsk)n not to
X
Dote ,
Tho mon.gemeflt and lOOMS ot wsM you lo be ~afo. not 8on'y. We iJso want youlo be
Wed with your I~rChlM and hope you Gan ua for your ne~ re~ I estite
SAM 30 '95 10:44AM CITY CLK×TREAS×PERS p,z
1 ORDINANCE NO, 94-027
AN ORDINANCE OF THE CITY OF CULVER CITY,
;3 CALIFORNIA, RELATING TO THE PREVENTION AND
REMOVAL OF GRAFFITI AND OTHER INSCRIBED MATERIAL
4, AND ESTABLISHING THE PAYMENT OF A REWARD FOR
5 INFORMATION LEADING TO THE CONVICTION OF GRAFFITI
· INSCRIBERS, AND AMENDING CULVER CITY MUNICIPAL
6 !! CODE SECTION 22-10.1 AND ADDING SECTIONS 22-10.2
7 Ii THROUGH 22-10.18.
81i A. RECITALS
WHEREAS, the City Council finds and declares that graffiti on public and
i0 private property is a blighting factor which not only depreciates the value of the property
which has' been the target of such malicious vandalism, but which also depreciates the
value of the adjacent and surrounding properties and thereby negatively impacts the entire
i2
i5 community.
i4 WHEREAS, the City Council further finds and determines that the inscription
of graffiti may be associated with criminal activity and delinquency and unless graffiti and
15
other inscribed material _is removed from property, it tends to remain and other properties
are then the target of graffiti with the result that entire neighborhoods, and the City in
17
3.8 general, are made less desirable.
3. 9 WHEREAS, Section 53069.3 of the California Government Code authorizes
20 the City to enact ordinances to provide for the use of City funds to remove graffiti from
2,3. public places and privately owned structures located within the City.
2.2 WHEREAS, in the past, the City of Culver City has provided unlimited, free,
23 graffiti removal services. While this public service benefits the entire community, it
24 provides no incentive to private property owners to deal directly with the problem and
2,5 formulate their own ideas, solutions, and mitigation measures to avoid being victimized
26 time and time again.
Ii WHEREAS, with the current economic recession and resulting reduction in
· 28 II public resources, the perpetual provision of free and unlimited graffiti removal services, as
94-027
JAM BO '95 10:45AM CITY CLK×TREAS×PERS P,3
't the City's sole response to this kind of malicious behavior, is no longer an effective
2, deterrent to the escalation in graffiti vandalism and is not a cost effective use of public
:.'.'5 funds.
4, WHEREAS, the Council finds and determines that the adoption of an
5 .= Ordinance making the presence of graffiti unlawful on any property will:
6 (1) assist and encourage property owners to cooperatively engage in
measures to prevent graffiti, as well as to remove graffiti from their property in a timely and
8 beneficial manner; ~ .
9 (2) alert parents and legal guardians to their involvement in, and
3.0 responsib!lity for payment of civil damages, in an amount not to exceed ten thousand
]-]- dollars ($10,000), resulting from the willful misconduct of a minor in their charge;
12 (3) notify any person who willfully damages property by inscribing graffiti that
't:5 their acts will have direct personal consequences which may include fines, imprisonment,
i¢ court mandated community service, suspension and/or delay of driving privileges;
].5 (4) notify retailers within the City that it is unlawful to sell or give to any
].5 individual under the age of eighteen (18) years a graffiti implement as defined by this
i? Ordinance and that they must keep, store and maintain any implement capable of being
]-8 used to deface property in a secure location, and otherwise inaccessible except by special
i9 request;
2.0 (5) advise any person, firm or corporation engaged in the retail sale of any
2! graffiti implement of their responsibilities under this Ordinance and to the potential
consequences, including the imposition of a fine,' imprisonment or both, for failure to take
2.5
proper precautions to keep, store and maintain in an inaccessible location any implement
regulated by this Ordinance; and
25 (6) secure the cooperation of residents, businesses, and contractors of
25 services in the arrest of individuals responsible for inscribing graffiti on property by
2.? providing for the payment of a reward for information leading to the apprehension and
28
'2-
94-027
~ Z~M S0 '95 10:45RM CITY CLK/TR£RS/PERS P.4
.l. conviction of any person who willfully places graffiti or other inscribed material upon public
2, or privately owned property within the City,
~ WHEREAS, all legal prerequisitei to the adoption of this Ordinance have
,t, occurred.
5 NOW THEREFORE, the City Council of the City of Culver City, California,
6 DOES HEREBY ORDAIN as follows:
'7 SECTION 1. In all respects as set forth in the Recitals of Part A of this
8 Ordinance.
9 SECTION 2. Section 22.10.1 of the Culver City Municipal Cocle is hereDy
10 amended to read as follows:
11 SECTION 22-10.1. PREVENTION AND REMOVAL, OF GRAFFITI
12 .i Whenever the Chief Administrative Officer or her designee determines that
15 graffiti is located on public property not owned by the City of Culver City, or on private
].4, property, so as to be visible to a person utilizing any public street or highway in the City of
].5 Culver City, including but not limited to any roadway, parkway, sidewalk or alley, or then
]. 6 the Chief Administrative Officer or his/her designee is authorized to expend City funds for
!? the removal of the graffiti. Removal of the graffiti at public expense shall be restricted to
].8 the painting and repair of only of the area where the graffiti is located.
19 SECTION 3. Sections 22-10.2 through 22-10.18 of the Culver City Municipal
20 Code are hereby added to read as follows:
SECTION 22-10.2. DefinitionI.
'~P" For the purpose of this Ordinance, the following words and phrasal are
2.5 defined and shall be construed as hereinafter set out, unless it is apparent from the
'?'°4 context that a different meaning was intended:
25
JAM BO '95 10:4GAM CITY CLK×TREAS×PERS
1 A. "Aerosol Container" means any aerosol based container, bottle,
2.
spray device or other mechanism, which is adopted or made for the purpose
;~ of spraying paint, ink, dye or other similar substance.
4. B. "Bona fide Evidence of Majority and Identity" means any document
5 Ii~ evidencing the age and identity of an individual which has been issued by a
6,~!i federal, state or local government entity, and includes, but is not limited to, a
'7 I,
!~ motor vehicle operator's license, a registration certificate issued under the
8 Federal Selective Service Act, or an identification issuedby a member of the
9 armed forces.
i0 C. "City" means the City of Culver City, California.
13. D. "Chief Administrative Officer" means the Chief Administrative Officer
i,3 of the City of Culver City or his or her designee.
13 E. "Felt Tip Marker'' means any indelible marker, pen or similar
i4 implement which contains a fluid which cannot be removed with plain water
i5
and has a fiat, pointed or angled tip which at its broadest width is greater
i5 than one-eighth (l/Sth)inch.
i? F. "Graffiti Offense" means the unauthorized application of paint, ink,
!8 chalk, dye or the use of any other instrument to deface, damage or destroy
19
public and private buildings, structures, or any portion thereof.
20 G. "Graffiti Implement" means an aerosol container, a felt tip marker,
nail polish, shoe polish, paint stick, etching instrument, or any other device
containing paint, ink, chalk, dye or similar substance which when used or
applied is capable of defacing glass, metal, concrete, wood, composites, or
2, 4 fabric.
25 H. "Graffiti" means writings, drawings or inscriptions of any type which,
in the determination of the Chief Administrative Officer, has any of the
;~? following characteristics.
2,8
-4-
94-027
~AM ~0 '95 10:47AM CITY CLK×TREAS×PERS P.6
Z (1) Insults or incites hatred or contempt of any racial, religious or
,3 ethnic group;
:5 (2) Refers to the name of a gang or includes words or symbols
4, associated with a gang or individual;
5 ii (3) Insults or threatens any identifiable individual or group;
5 !! (4) Includes obscene or indecent language or depictions;
!! (5) Constitutes an aesthetic blight or eyesore to a neighborhood;
· '~ Ii (6) Tends to a!tract more graffiti; and
91'
(7) Promotes criminal activity or promotes-retaliatory action by an
io ~[ individual(s).
ii f I. "Paint Stick or Graffiti Stick" means any device containing a solid
12,! form of paint, chalk, wax, epoxy, or other similar substance that. cannot be
1:3 removed with plain water and is capable of being applied to a surface by
pressure, and upon application, leaves a mark at least one-eighth (ll8th)
15 inch in width.
16 SECTION 22-10.3. Graffiti Prohibited.
1 ? A, It is unlawful for any person to apply or attempt to apply graffiti
3.8
to any pul~lic or privately owned structure located on public or privately
3.9
owned real property within the City. There is no presumption that any person
has a right to apply graffiti, as herein described, on any public or private
2].
property within the City.
,32, B. It shall be unlawful for any owner, lessee, occupant or other
25
person having present possession of a lot or parcel of land within the City to
24
(I) permit graffiti to remain upon such lot or parcel of land or (2) to maintain
~5
., any structure affixed to such lot or parcel or land with graffiti on such
I', structure or any portion thereof, for a period in excess of forty-eight (48)
·282'/ Ii hours following service by the City of a notice to abate graffiti. Each day the
I'
-5-
94-027
471qM CITY CLK×TRERS×PERS P.7
graffiti is maintained beyond the initial forty-eight (48) hours period hereby
constitutes a separate offense and is subject to the penalties set forth in
Section 22-10.9.
SECTION 22-10,4. Possession of Graffiti Implement.
5
,, No person under the age of eighteen (18) years and not in the presence of a
6 parent or legal guardian shall have in his or her possession a graffiti implement, as defined
"/ by this Ordinance, while in any public park, playground, swimming pool, public recreational
8. facility or any public right, of-way in the City unless necessary in order to participate in any
9 I~ City or School District sponsored function. This Section shall not apply to authorized
3.0
employees of the City of Culver City nor shall it al3ply to the authorized agents or
contractors under contract with the City.
3.£ SECTION 22-10.5. Removal Policy.
1~ The Chief Administrative Officer or his/her designee shall develop a graffiti
3.4, removal program to assist property owners in the expeditious removal of graffiti from their
'~.5
property. Notwithstanding any other provision of this Ordinance, the City shall be
]. 6 authorized to recover its costs incurred in the removal of graffiti from private property if:
3.7 (a) The removal of graffiti or other inscribed material from privately
3.8 owned real property exceeds four (4) requests from the City to the property
owner or occupant or a maximum of 600 square feet per privately owned real
20
property during one (1) calendar year, which is not removed by the property
owner or occupant.
(b) Where the removal of graffiti has been mandated pursuant to
Section 22-10.7 of this Ordinance, the owner of the effected property shall
reimburse the City for such services.
,35 I! (c) Nothing in this Ordinance shall prohibit the Chief Administrative
i'
,; Officer or his/her designee from waiving the provisions of this Section if it can
Il be determined that the affected property owner has demonstrated a
2,8
;
-6-
94-027
JAM BO '95 10:48AM CITY CLK×TREAS×PERS
1 conscientious effort to prevent graffiti from Occurring on their property as
2, exhibited by, but not limited to, the installation of security devices such as
;.'.'.'5 surveillance cameras, security lighting, sprinklers linked to motion eensors;
4 protective or covering landscaping; graffiti resistant building materials; or the
5 application of graffiti~esistant paint.
6 i' SECTION 22-10.8. Authorization to Remove.
"/i'~ Graffiti may be removed by any of the following methods:
8 (1) Wl~enever the Chief Administrative Officer determines
9 that writings or other inscriptions constitutes "graffiti" as defined in this
].0 Ordinance and is so located on public or privately owned property
11 within the City so as to be capable of being viewed by a person
3.2 utilizing any public right-of-way in the City, the Chief Administrative
13 Officer is authorized to provide for the removal of the graffiti or other
14 inscribed material upon advising the property owner that removal will
15 be undertaken by the City if not removed within forty-eight (48) hours
i6 of notification of the existence of graffiti. The City Council has
l? determined that the failure to remove graffiti constitutes a public
18 nuisance which permits the City by and through its authorized
i9 representative to enter on private property to abate the declared public
2,0 nuisance, without additional notice to or authorization from the
2.i landowner.
2,2. (a) In removing the graffiti or other inscribed material,
2.5 the painting or repair of a more extensive area shall not be
24t. authorized.
2.5 (13) Where a structure is owned by a public entity
2.6 i! other than this City, the removal of the graffiti or other inscribed
27 material is authorized after notifying the public entity having
-7-
94-027
JAM BO '95 10:48AM CITY CLK×TREAS×PERS P.9
3' jurisdiction over the structure and such entity fails to remove the
2, graffiti within forty-eight (48) hours after receipt of notice to
~ abate' the graffiti.
'~ (2) Graffiti which is located on privately owned structures on
5 privately owned real property within the City and which can be viewed
.~ by a person utilizing any public right-of-way within the City may be
: removed by the City at the owner's expense as a public nuisance
i;
8 ii pursuant to Section 22-10,7, This Section shall apply under the
9 following circumstances:
i0 (a) The private property owner has persuaded,
il. allowed or encouraged the graffiti problem;
12 (b) The Chief Administrative Officer determines that
i,~ the removal of graffiti or other inscribe(:l material from a
~.4 privately owned property has exceeded four (4) requests from
].5 the City or a maximum of 600 square feet per privately owned
i6 real property during one (1) calendar year an~l the property
17 owner has not removed the graffiti within the required time after
18 a notice to abate has been given as described in Section
i9 22-10.7 below.
30 SECTION 22-10.7. Notice to Abate Graffiti.
Whenever the Chief Administrative Officer determines that graffiti is being
,?,2
maintained upon the premises within the City in violation of Section 22-10.3 of this
2.:~ Ordinance, the Chief Administrative Officer shall send, by registered or certified mail or
2¢ post, at a conspicuous place on the premises where the graffiti is located, written notice to
2,5
i! the owner, and to any lessee, occupant or other person having present possession of a lot
26~ii or parcel of land within the City that the graffiti must be removed within forty-eight (48)
2,?j! hours from the date of service of the notice. The notice shall be entitled "Notice to Abate
-8-
9'4-027
JAN 30 '95 10:49AM CITY CLK/TREAS/PERS
P.10
1 Graffiti", in letters not less than one inch in he/gilt, and shall cite this Ordinance as
,3 authority for such abatement. The notice shall contain a general description of the
;.'.'5 property on which the graffiti is located,
4, (a) The notice shall be on City letterl3ead in substantially the
5 t! following form:
6 "NOTICE TO ABATE GRAFFITI
?
8 NOTICE IS HEREBY GIVEN that under the provisions of Section
22-10.3 of Ordinar~c~ ----..----, you are required at your expense lo
9 remove ore,paint over the graffiti located on the property commonly
known as , _ , City of
'tO Culver Cit~, California, which is visible to public view, within forty-
11 eight (48) hours after the date of service of this notice. The graffiti is
visible to public view and therefore constitutes a public nuisance. If
i,?, you fail to comply with this order the City or its contractor will enter
upon your property and abate the public nuisance, The cost of the
't3 abatement by the City or its contractor will be assessed upon your
14 property and such costs will constitute a lien upon the land until paid.
l§ All persons having any objection to, or interest in said matter are
hereby notified to submit an appeal to the Office' of the Chief
16 Administrative Officer within forty-eight (48) hours from the date of this
notice.
.t?
l! At the conclusion of this forty-eight (48) hour period the
City
i8
may
~i, proceed with the abatement of the graffiti on your property at your
~.cj expense without further notice."
20 (b) If an appeal has been made to the Office of the Chief
,?,3. Administrative Officer, within five (5) days from the date of the Notice
,32 to Abate Graffiti, the Chief Administrative Officer, or his/her designee,
2.$ shall hold an administrative hearing on appeal. The decision of the
24 Chief Administrative Officer or his/her designee shall be final and
P. 5 i! conclusive.
I!
26 ~i (c) If an appeal has not been submitted as set forth in
27!i, Section 22-10.7(b) above, or if the appeal has been denied following
94-02,7
JAM BO '95 10:SBRM CITY CLK/TREAS×PERS P.11
1 an administrative hearing, and if the private property owner'fails to
2 remove or fails to cause the graffiti to be removed by the designated
3 i! date, or such continued date thereafter as approved by the Chief
4 I,,
;~ Administrative Officer, then the Chief Administrative Officer shall
5
i:~ cause the graffiti to be abated as a public nuisance by the City or its
6 ,! contractor, and the City or its contractor is expressly authorized to
7 enter upon the premises for such purpose.
8 SECTION 22.10.8. Recovery of Costa.
9" Should the Chief Administrative Officer be required to abate the graffiti as a
10 public nuisance, as set forth in Section 22-10.7(c), the City may recover, pursuant to
11 California Government Code Section 38773, the costs of abatement through the
12 assessment of a lien against the property on which the nuisance is maintained.
13 (a) Prior to the recordation of a lien against property for the
14 recovery of abatement and related administrative costs, the City, in
15 accordance with Section 38773.1 or 38773.5 of the California
16 Government Code, shall provide written notification, by registered or
certified mail, to the property owner that a lien will be assessed
17
against their property and such costs will constitute a lien upon the
18 '
land until paid, The notice of lien shall for purposes of this Ordinance
19
be in form substantially as follows:
20
"NOTICE OF LIEN
21
22 Pursuant to California Government Code Section 38773 and the
authority of Ordinance ~ of the City of Culver City, the Chief
23 :~ Administrative Officer of the City of Culver Cl'~y did on or about the
,. day of ,19 , cause the removal of
24
,= graffiti at the premises hereinafter described in order to abate a public
25 , nuisance on said real property; and the City Council of the CiW of
Culver City did on the day of , 19__, assess the
2,6 .. cost of such abatement upon the real property hereinafter described;
and the same has not been paid nor any part thereof; and that said
27
28 ': -10-
94-027
JaM ~0 'g$ 10:50~M CITY CLK×TRE~$×FERS P.12
1 City of Culver City does hereby claim a lien for such costs of
abatement in the amount of said assessment to wit: the sum of
2 dollars; and the same shall be a lien upon said
real property until the same has been paid in full and discharged of
3 record.
4
The real property hereinabove mentioned, and Ul=On which a lien is
5 claimed, is that certain parcel of land lying and being in the City of
Culver City, County of Los Angeles, State of California, and
6 particularly described as follows:
7 - Dated tl~is, L day of ,19
8 ,
I! City Clerk, City of Culver City"
10 ~1 (b) Baleen the first and fifteenth day of July of each year,
11 the Chief Administrative Officer shall cause to be published in the
official newspaper of the City a notice that any person affected or
12
aggrieved by any act or determination of the City or the Clty's Chief
Administrative Officer in connection with the provisions of this
Ordinance may appeal to the City Council. An appeal shall be in
15
writing and shall be filed with the Office of the City Clerk prior to the
16
fifteenth (15th) day of July with the al~propriate fee, or from time to
17
,. time thereafter may be determined by the Council, the City Council
18
shall hear and render a decision upon each appeal, and tho
19 determination of the Council shall be final and conclusive. In the
20 event any determination of the Chief Administrative Officer is modified
21 by determination of the City Council or any assessment changed or
2:~ corrected, the Chief Administrative Officer shall cause the correction
23 to be made upon the record showing the assessment.
24 (c) The Appellant shall bear the burden of proof which shall
25 ,' be a preponderance of evidence. Oral testimony unsupported by
26 physical evidence is disfavored.
27 (d) At the expiration of the time for appeal, or upon the
28 -11-
94-027
SRM BO '95 10:$1RM CITY CLK/TRE~S×PER$ P,1B
1 i~ determination I=y the City Council of all appeals so filed, and in
2 ~r~ compliance with the requirements of any determination so made, the
3 Chief Administrative Officer shall deliver to the County Auditor of the
~ County of Los Angeles an abstract of each lot or parcel of land within
5 ii the City affected by this section and the amount of each such charge
6 .!'~ to be placed upon the assessment roll against the respective parcel.
7 Thereafter, the charges shall be of the same character and effect,
8 subject to the same penalties, and Shall be collected in the s~me
9 manner and at tl~e same time as City taxes. The provision of this
10 section shall not apply to any lot or parcel of land if the charge against
11 , it has been paid prior to the deliver of the abstract to the County
12 Auditor.
13 (e) No charges for removal of graft'itl shall be imposed until
14 after six months from the date of the adoption of this ordinance unless
15 amended by the Culver City Council.
16 SECTION 22-10.9. Failure to Remove Graffiti Upon Notice.
17 In acldition to any costs incurred by the City for the abatement of graffiti from
18 private property, failure to voluntarily abate graffiti after notification shall result in the
following penalties:
19
20 (a) The failure of any person, firm partnership, or
corporation, failing to remove graffiti within the prescribed forty-eight
21
22 (48) hour period as set forth in Section 22-10,3(b) hereby constitutes
an infraction and is punishable by a fine of one hundred ($100.00)
23
dollars upon first conviction thereof.
24
(b) Any person, firm, partnership, or corporation convicted of
25
violating Section 22-10.3(b) of this Ordinance for a second time or any'
26
subsequent number of times shall be deemed guilty of an infraction or
'27
28 -12-
~ 94-027
JAN BO '95 10:52AM CITY CLK×TREAS×PERS
!!i P.14
1 ~I misdemeanor and shall b® punished by a fine of two hundred
fifty
2
I'
~ ($250.00) dollars.
I:
$ i,
i; (c) Any person, firm, partnership, or corporation convicted of
4 ii violating Section 22-10.3(b) of this Ordinance for a third time or any
5 ' subsequent number of times shall be deemed guilty of an infraction or
6 misdemeanor and shall be punished by a fine not exceeding five
7 hundred ($500.00) dollars.
8 ~.. (d) Any person, firm, partnership, ar. corppration previausly
9 convicted three (3) times under this Section 22-10.9, violating the
10 , provisions of Section 22-10.3(b) hereof, shall be deemed guilty of a
11 ' misdemeanor and upon conviction thereof shall be punished as
12 provided in Section 22-I0.13, hereof.
13 SECTION 22.10.10. Alternative Actions.
14 The violation of any of the provisions of this Ordinance or any State law
15 i= pertaining to vandalism of property with a graffiti implement shall constitute a nuisance and
16 i may be abated by the City through a civil process by means of a restraining order,
17 i~ preliminary or permanent injunction or in any other manner available to the City under
i'~ provisions of applicable Ordinances or State taw.
18
19 ~ SECTION 22-10.11. Reward forlnformation.
The City Council may, by resolution, offer and pay a reward for information
20
leading to the apprehension and conviction of any person who places graffiti or other
21
i inscribed material as defined herein upon public or privately owned structures within the
22
;
i City. in addition to any fines levied by the City for violation of this Ordinance, any person
I! who has damaged property by inscribing graffiti on public or private property shall be liable
2.4 !;
~' for the amount of any reward paid pursuant to this Ordinance and section 53069.5 of the
25 ir
'.1 California Government Code.
26 1
28 : -13-
94-027
JAM 30 '95 10:52AM CITY CLK×TREAS×PERS P.15
I! SECTION 22-10.12. Parental Responsibility.
2
Ii Pursuant to Section 1714(b) of the California Civil Code, where graffiti is
~. applied by an unemancipated minor, tl~e parent9 or legal guardian of said minor shall be
,4 i:; jointly and severally liable for payment of civil damages resulting from the misconduct of
5 ! the minor in an amount not to exceed ten thousand dollar~ ($10,000.00) for each such
'.~
6 ,. offense.
I'
7 SECTION 22-10.13. Penalty for Violation of Ordinance.
8 ,. ..... ,~ It shall be unlawful for any per~on, firm, partnership, or corporation to violate
g any provision or fail to comply with any of the requirements of this Ordinance.
10 (a) Except as provided in Section 22-10,9, any pemon, firm,
11 partnership, or corporation violating any provision of this Ordinance, or
12 failing to comply with any of its requirements, shall be deemed guilty of
13 an infraction or misdemeanor and upon conviction thereof shall be
14 punished by a fine not exceeding one thousand dollars ($1,000.00), or
15 by imprisonment not exceeding six (6) months, or by both such fine
16 and imprisonment. Each such person, firm, partnership, or
17 .; corporations shall be deemed guilty of a separate offense for each and,
,,! every day or any portion thereof during which any violation of this
!. Ordinance is commitled, continued, or permitted by such person, firm,
;; partnership, or corporation, and shall be deemed punishable therefore
20
as provided in this Ordinance.
21
22 (b) Notwithstanding the penalties set forth in Section
22-10.13(a) above, any person who maliciously defaces, damages or
23
destroys property witl~ a graffiti implement is guilty of vandalism,
24
,~ pursuant to Section 594 of the California Penal Code, and upon
25
conviction thereof shall be punished by imprisonment in the state
,, prison or in a county jail for a period not to exceed one (1) year, or by
27
28 i, -14-
~. 94-027
JAM 30 '95 10:53AM CITY CLK×TREAS×PERS
1 11 a fine of five thousand dollars ($5,000.00), but no more than fifty
2 thousand dollars ($50,000.00), depending upon the severity and the
Ii amount of defacement, damage or destruction to property, or by both
,. such fine and imprisonment.
5., SECTION 22-10.14. Community Service.
6 (a) Upon conviction of any person for violation of Section
7 22-10.3 or 22-10.4 of this Ordinance, or any State law pertaining to
8 vandalism of property with a graffiti implement, the City shall petition
· 9 the sentencing court to impose community service time, pursuant to
10 Section 640.6 of the California Penal Code. The sentencing court may
11 i require the pedormance of community service within the City in
12 addition to any monetary penalties imposed. In the event the
ii sentencing court approves community service, the City shall request
14 any adult or emancipated minor convicted of vandalism, as defined by
15 Section 594(a)(1 ) of the California Penal Code, to:
16 (1) complete a minimum of 24 hours, but no more than
17 48 hours of community services cleaning up, removing, and' repairing
18 property damaged by graffiti for the first conviction; ancl
19 (2) complete 48 hours, but no more than 96 hours of
20 community services Cleaning up, removing, and repairing property
21 damaged by graffiti for each subsequent conviction.
22 (b) Any person who is under the age of 18 when I~e or she
violates any provision of this Ordinance or any State law pertaining to
23
vandalism of property with a graffiti implement, end is found to be a
24
parson described in Section 602 of the California Welfare and
25
Institutions Cocle by reason of the commission of vandalism, may be
26
required to perform community service time pursuant to Section 728 of
27
28 -15-
~. 94-027
1 the California Welfare and Institutions Code. For any minor
2 adjudicated guilty of vandalism, the City will petition the juvenile court
3 and the court may, in addition to any other penalties iml~OSed by the
4 City, require the unemancipated minor to provide the necessary labor
5 to clean up, repair, or replace defaced, damaged or destroyed
6 property, or otherwise make restitution to the property owner.
7 (c) If a minor is personally unable to pay any fine levied for
8 violating any provisions of this Ordinance or is otherwile unable to
9 make restitution for damages, the minor's parent or legal guardian
10 shall be liable for payment of the fine or restitution. If the parent or
11 legal guardian cannot make restitution, the sentencing court may
12 waive payment of the fine or community service time by the parent or
13 ,: legal guardian upon a finding of good cause. If the sentencing court
14 =. waives payment of the fine by the parent or legal guardian, the City
15 shall petition the sentencing court, and tile court,.at the court's option,
16 may order the parent or legal guardian to provide the necessary labor,
17 equal to the number of hours assigned to the minor adjudicated guilty
18 of violating any provision of this Ordinance, to clean up, repair, or
19 replace property damaged by the unemancipated minor.
!";,: SECTION 22-10.15. Suapension or Delay of Driving Privileges.
20
I~ For each conviction of a person aged 13 to 21 for violation of Section 22-10.:~
21
or 22-10.4 of this Ordinance, or any State law pedaining to'vandalism of property with a
22
graffiti implement, the City shall petition the sentencing court to suspend existing driving
23
, privileges or delay the issuance of driving privileges in accordance to California Vehicle
24
;' Code Section 13202.6.
25
SECTION 22-10.16. Severability.
26
~': The City Council declares that, should any provision, section, paragraph,
27
28 -16-
94-027
,; sentence, or word of this Ordinance be rendered or declared invalid by any final court
2
! action in a court of competent jurisdiction, or by reason of any preemptive legislation, the
3 ii remaining provisions, section, paragraphs, sentences, and words of this Ordinance shall
4 remain in full force and effect.
5 SECTION 22-10,17. Remediea Cumulative.
6 The remedies provided in this Ordinance are in addition to other remedies
7 and penalties available under provisions of applicable Ordinance of the City and the laws
8 of the State of California.
9 SECTION :22-10.18. Notification.
10 The City Clerk shall certify to the passage of this Ordinance and shall cause
11 the same to be posted in three (3) public places within the City of Culver City within
12 fifteen (15) days after its passage.
13 SECTION 4. The Mayor of the City shall sign and City Clerk shall attest to
14 the passage of this ordinance. This ordinanCe shall take effect thirty (30) days from the
15 date of its adoption and prior to the expiration of fifteen (15) days from the adoption hereof
16 the City Clerk shall cause this Ordinance to be publidhed in the Culver City News.
APPROVED and ADOPTED this 26~.h day of Septe. mber, 1994~
19 . ALBERTV or
· City of Culver City, California
20 !(
2~1 A'I-rEST:- APPROVED AS TO FORM:
23 TC~M CRUNK, NORM&N Y. HERRING 0
24 City Clerk City Attorney
25 OGRAFITI
(jam)
26
27
28 ,. -17-
~ 94-027
MEMORANDUM
January 31, 1995
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: JUDY K. SKOUSEN, CITY ATTORNEY ~
SUBJECT: JUVENILE CRIME AND CURFEW ORDINANCES
At the City Council meeting of January 11, Council asked this
office to acquire and review ordinances enacted by the City of
Bellflower regarding juvenile crime and curfew. I have attached a
copy of the ordinances for your review.
Subsections 3-4.6 and 3-4.7 (Curfew) are similar to the City of
Bakersfield/s curfew ordinance.
However, the civil penalties ordinance (Subsection 3-4.7.1) is
different from the City's. The Bellflower ordinance subjects the
parent or guardian to civil penalties -- and not just for
permitting or inducing curfew violation, but for permitting or
inducing the child to disobey an order of a peace officer.
The Bellflower ordinance does not explain What legal mechanism is
used to determine whether a parent or guardian has violated the
provisions of the subsection. That is, does the City hold some
sort of hearing? Is the hearing handled like a criminal hearing or
is some standard less than beyond a reasonable doubt applied?
The ordinance also does not explain how the amount of the civil
penalty is determined. For example, does the first offense carry
a set penalty and then subsequent offenses carry a higher penalty?
Or can a person be subjected to the maximum penalty the first time?
If the proper d~e process mechanisms are not in place, the city may
be liable in a civil action after it imposes the civil penalty.
The City. Attorney of Bellflower indicated that the city only
adopted the measures at the request of the Sheriff's department.
because other cities patrolled by the Sheriff in Orange County had
adopted them.
If you have any questions or would like this office to conduct
further research, please advise.
JKS/JAN/meg
Attachment ~ 2 1995
cc: Alan Tandy, City Manager
Steve Brummer, Police Chief
Corr I &COUNCIL9$- I \COUNCIL.REP%~5'W.MEM
:~- ~-4 BELI~LO~R MUNICIPAL CODE 3-4
there is an outstand/n6 warrant for a ct/me provision of subsect/on 3-4.6 shal~ be g~lty of a
involving drug-related activity, misdemeanor. (Ord. #1, § 3411)
c. Enforcement. Enforcement of this sub-
section shall I~ pursuant to a special training
policy as established by the local Sheriffs Subsection B-4.?.1. Civil Penalties for
Station Commander. Parents of Children in Gang Related
d. Violation; Penat0y. Any per, on violat. Aeti~tle~
lng a~ of the provisions of this subsection a. Parental Responsibility. Every parent
shall be gllllty of a mi_~demeanor.
or legal guardian who, by any act or an
(Ord. #803, § 1) omission, or by threats, or other form of
c~ercion contributes to, or/nduces or attempts
to reduce any dependent ehi!d or ward of such
I~d~3.4~. Loitering in Entrances to person to fa/l or refuse to conform to any
Plac~ of Public~.ly. lawful order ora peace officer, or to conform to
It Shall be unlawful for any person to loiter or the requiremen~ of the Bellflower Municipal
to stand or sit in or at the entrance of any Code concerning curfew, sh=il he subject to a
church, hall, theatre or place of public civil penalty. For purposes of this section, a
assemblage so as in may manner to obstruct parent or legal guardian to any person under
said entrance. (Ord.//1, § 3315) the age of eighteen (18) years shall have the
duty to exercise reasonable care, supervision,
protection and control over their minor child
Slgosectim~ 3-4~. Curfew. Persons Under or ward.
EighteanYearsofAge. b. Civil Penalties. Any person who
It shall be unlawful for any minor under the violates' the provisions of this subsection 3-
age of eighteen (18) years to loiter about pubhc 4.7.1 shall be liable for a civil penalty not to
streetz, alleys, sidewalks, parks, playgrounds, exceed two thousand five hundred ($2,500.00)
or public places between r. he hottrs of 10:00 p.m. dollars for each violation, which shall be
and 5:00 a.m. the following-day. The assessed and recovered in the civil action
provisions of thin_ subsection shall not apply brought in the name of the City.
when: In any action brought pursuant 1;o this
a. Accompanied by a parent or legal subsection, penalties collected shall be paid to
guardian having custody and control of said the Treasurer oft his City.
minor; or
c. Remedy Cumulative. The rsmedies
b. Said minor is oa an emergency errand; provided in this subaecrion are m addition to
or the remedies and penalties available under the
c. Said m/nor is returni,~li directly home Bellflower Municipal Code and all other laws
from a meeting or recreational activity, or of this State.
work. (Ord. #834, § 1)
(Orck #1, § 3410; Ord. ~/04, § 1; Ord. #?22, § i)
~ ~ Abandoned Wella.
Subsection 34.7. Parental P~spo~ibillty a. Capping Required. Every person who
forLoiterin~Minm-a, digs, drills, excavates, ~onstructs, owns or
Every parent, guardian, or other person controls any abandoned or unused well,
having legal care, custody or control of any including but not limited to water wells or oil
person under the age ofeighteen (18) years who wells, and every person owning, or having
allows or permits such person to violate any possession of any premises on which any auch
abandoned or unused well exists, shall cap or
Supp.//16, 7-94 306-6
TOTAL P.8~
3-3 POLICE REGULATIONS 3-3
City without charge to the applicant setting minor, that the parents and guardians of tha~
forth the following information in regard to person, will be held personally liable for the
the proposed event: costs of providing Sheriff's Department per-
I. The name and address of the appli- sonnel on special security assignment, over
cant; and above the normal services provided by the
2. The purpose;- Sheriffs Department, to those premises. A
3. The dato and time; first warning shall be deemed to be the normal
4. The place and/or rou~e, services p,~vided. The personnel utilized after
c. Issuance of Permit. All applications the first warning ~o control the threat to the
filed pursuant to paragraph a. shall be acted 'public peace, health, safety or genera] welfare
upon by the City Clerk within a reasonable ~hall be deemed to be on special security as.
time from the date offili~g. $ignment over and above the normal services
Should the Clerk after an investig&rAon of the provided. The costs of such special security
applicant and the facts contained in the appli, assignment may include damages to City and
cation determine that the applicant has stated County property and/or~ injuries to ~neriff's
true facts irt his application and the event as Department personnel. (Ord. ~723, § 1)
proposed will not interfere unduly with the use
of the streets and will not tend to cause a breach
of the public peace, he shall i~ue a permit, with Subsection 3-3j% Unsightliness.
the approval of the Ohief of Police endorsed It shall be unlawful for any person, fh-m or
thereon, designaiing the time, place and route corporation who owns or has the care or
of such event, management of any real property to willfully
(Ord. #1, §§ 3614-3616) permit any part of the property to become so
unsightly az to detract from the appearance of
the immediate ne/ghborhood, and to fail to
Subeection 3-3.16. Dlsorder~vHouse. remedy the condition within thirvy (30) days
No person shall keep a r/otou$ or disorderly from being ordered to do so by the ~ty Council
house, or permit any riotous or diso~erty con- upon recommendation of the ~ity, Planning
duct in Ids house, yard or premises connected Commission. (Ord. #I, § 3618; Ord. #660, § 4)
with his house, or be guilty of any riotous or
disorderly conduct in any house, yard or
premises, whereby the peace, quiet or decency Subsection 3-3,17.I. Removal of Graffiti.
oft he neighborhood of such house or of any per- Tho City may appropriate money from the
son may be disturbed. (Ord. #1, § 3617) General Fund or other specific funds to use to
remove graffiti or other inscribed material
from public or privately owned permanent
Subr~ct~on 3-3.16.L Use ~f ~her/~s Person. structures located on public or privately owned
riel at Loud or Unrul.vAs~,,,hlages. real property within the City. This ~ubsect-ion
When any loud or u~ruly assemblage pc- authorizes only the removal of the graffiti or
curs, and in the event that the Deputy Sheriffat other inscribed material itself, and not the
the scene de,ermines that there is a threat to the painting or repair of a more extensive area.
public peace, health, safety or general welfare, Such removal may be performed only after
then that Deputy ~hall notify the owner of the finding by the ClOy that the graffiti or other
premises, or the person in charge of the prom- inscribed material is obnoxious, and only
iaea, or the person responsible for the said as- after securing the consent of the owner. (Ord.
semblage, that person, or if that person is a 0541, § 1)
SuFp. #15, 6.-93
]AN-18-1995 16:J9 FROM C1T' OF BELL;LObER TO 1~325916~ p ~3
2-4 POLICE REGUI~TIONS 3-4
~bseetima 3-4~. Lewd or Lascivious Act~ whether such purpose is manifested are that the
It ahall be unlswf~l for any person to resort person:
to, visit or be present at, any roominff house, 1. IS a known drug user, possessor, or
lodging house, hotel, Inn, or other place in the seller. For purpose of this subsection, a
C'ity fro' the purpose of comm~ttin~ therein with "known unlawful drug user, possessor, or
alay person any lewd or lascivious act. (Ord. seller" is a person who has, within the knowl-
#I. § 3312) edge of the arresting officer, been convicted in
any court within this Stace of any violation
involving the use, possession or sale of any of
Subsectlma3-4~. Registration Under False the substances referred to in Chapters 6 and 6.5
Names.
of Division i0 of the California Health and
It ~h,i! be unluvrful for any person to register Safety Code, or such person has been convicted
at any rooming house, lodging house, hotel, of any violation of any of the provisions of said
inn or other place in the City under the name of sections or substantially simil_,? laws of any
any other person, or of a fictitious person, or to political subdivision of- this State or of any
give or sign or cause to be signed upon the other State; or a person who displays physical
register of any rooming house, lodging l~ouse, characteristics of drug intoxication or usage,
hotel, inn, or other place, any assumed false or such as "needle tracks," or a person who pos-
fictitious name, or any name other than the sesses drug paraphernalia as defined by
true and correct name of the person so California Health a~d Safety Code Section
- registering or so giving or signing or causing 11364.5d.
~ name to be si~rted. (Ord. #1, § $313) 2. I~ currently subject to an order pro-
hibiking his or her presence in a high drug ac-
f~s~tioa ~-4~ Loiteri~. tivity geographic m-es;
3. Behaves in such a manner as to raise
It shall bO unlawful for any per, on t~ loiter or a r~asonable suspicion that t~ or she ia about to
stand or sit in or upon any public highway, engag~ in or is than engaged in any unlas~tl
alley, sidewalk or crosswalk so a~ to in any drug-related artivity, including by way of e.~.
manner binder or obstruct the free passage ample only, acting a~ a ~lookout.'
therein or thereon of persons or vehicles 4. Is physically identified by the
passing along the same, or so as in any Sheriff's Special A~signment Officers as a
maa~er to annoy or molest persons passing member of a 'gang' or ~ssociation which ~
along the same. (Ord. #1. § a314) aa it~ purpose illel~l drug acttvttT;
$. ~ransfers small obJs~ts or packages
for ~u-rency in a furtive fashion;
~b~c~on 8-4.4.1. Loit~rinll for Drul~ A~. 6. ?ak,s flight upon the &ppm~rance of
Sheri~s Law Enforce. merit Offi~rs;
&. A~ts i'-~hibit~. It is unlawful for any 7. ~l~'ies t~ cen¢~.al hlraSOlf or horsaif or
person to loiter in, on or near any thoroushf~r~ uny obj,~ whie__h reasonably could be involved
or place optm to the publi~ or near any public or in an unla~ drug-rela~ed activity;,
private place in a manner and under eir- 8. Is in an area that ~ I~o~ for nnlaw.
cttmstances manifesting the purpose of eh- ful drug use and trafficking;,
gaging in drug-related a~.t~vity defined as of- 9. Is on or in premises ti~t have been re-
lenses in Ctmpt~rs 6 and 6.5 of Division 10 of ported to law enforcement as a place suspected
the California Health and Safety Code. of unlawful drug activity,
b. Circur~t~ces. A~long circumstances 10. Is iii or within siz (6) feet of any
that may be considered in determining vehicles registered to a knowll unlawful drug
user, Possessor, or seller, or a person for whom
Sttpp. #16, 7-94
CITY OF BELLFLOWER
ORDINANCE NO. 800
AN URGENCY ORDINANCE OF THE CITY OF
BELLFLOWER AMENDING CHAPTER III OF THE
BELLFLOWER MUNICIPAL CODE BY DELETING
SUBSECTION 33.17.1 AND AMENDING SUBSECTION
3-3.20 RELATING TO THE PREVENTION, PROHIBITION,
AND REMOVAL OF GRAFFn'I.
MEMBERS OF THE CITY COUNCIL OF THE CITY OF BELLFLOWER DO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Subsection 3-3.17.1 ofthe Bellflower Municipal Code is hereby
repealed.
SECTION 2, Chapter III, Subsection 3-3.20, of the Bellflower Municipal Code
is hereby amended in its entirety to read as follows:
"Subsection 3-3.20. Graffiti Prevention, Prohibition and Removal; Purpose
and Intent.
The purpose of this Subsection is to help prevent the spread of graffiti 'and to
establish a program for its removal from public and private property. The spread of
graffiti on both public and private buildings, structures, or places causes 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. The City Council finds and
determines that graffiti is obnoxious and a public nuisance which must be abated to avoid
the detrimental impact of graffiti on the City and to prevent the further spread of graffiti.
The City Council further finds that the application of graffiti, as defined in Subsection 3-
3.20.1, is willful misconduct which damages or destroys property. Government Code
Section 53069.3 permits the use of City funds to remove graffiti from public or privately-
owned permanent structures located on public or privately-owned real property in the
City.
Subsection 3-3.20.1. Definitions.
Graff'rti means any unauthorized inscription, word, figure, or design that is marked,
etched, scratched, drawn, or painted on any surface of public or private buildings,
structures, and places.
Page I of 8
11995
Ordinance No. 800
Page 2 of 8
Aerosol Paint Container means any aerosol container, regardless of the material
from which it is made, which is adapted or made for the purpose of spraying paint or
other substance capable of defacing property.
Felt 77p Marker means any indelible marker or similar implement with a tip, which
is greater than one-eighth (1/8) inch, at its broadest width containing an ink that is not
water soluble.
Paint Stick or Grafflti~ Stick means any device containing a solid form of paint,
chalk, wax, epoxy, or other similar substance that is not water soluble and is capable of
being applied to a surface by pressure, and upon application, leaving a mark at least one-
eighth (1/8) inch in width, visible from a distance of 20 feet.
Graft~' Implement means an aerosol paint container, a felt tip marker, or a paint
stick or etching tool capable of scarring glass, metal, concrete or wood.
Subsection 3-3.20.2. Graffiti Prohibition.
It is unlawful for any person to paint, chalk, etch, or otherwise apply graffiti on
public or privately-owned buildings, permanent structures, or places located on public or
privately-owned property within the City.
Subsection 3-3.20.3. Possession of Graffiti Implements.
No person shall have in his or her possession any graffiti implement while in any
public park, pub!ic playground, public swimming pool, public recreational facility, or any
public right-of-way in the City. This Subsection shall not apply to authorized employees
of the City of Bellflower, or authorized employees of any individual, agency, or company
under contract with the City.
Subsection 3-3.20.4. RemoVal of Graffiti.
Graffiti may be removed by any of the following methods:
a. Any person applying graffiti within the City shall have the duty to remove the
same within twenty-four (24) hours after notice by the City of the public or private owner
of the property involved. Failure of any person to so remove graffiti shall constitute an
additional violation of this Subsection. Where graffiti is applied by an unemancipated
minor, his parent(s) or legal guardian(s) shall be responsible for such removal or for the
payment thereof.
%
Ordinance No. 800
Page 3 of 8
b. Whenever the City Administrator, or his designated representative,
determines that graffiti is so located on public or privately-owned structures on public or
privately-owned real property within this City so as to be capable of being viewed by a
person utilizing any public right-of-way in this City, the City Administrator, or his
designated representative, is authorized to provide for the removal of the graffiti solely at
the City's expense, without reimbursement from the property owner upon whose property
the graffiti has been applied upon the following conditions:
1. In removing the graffiti, the painting and/or repair of an area more
extensive than where the graffiti is located shall not be authorized, except where
the structure or property is City-owned and the City Administrator, or his designee,
determines that a more extensive area is to be repainted and/or repaired, or where
the private property owner, or other public entity owner, agrees to pay for the
costs of repainting and/or repairing a more extensive area.
2. Where a structure is owned by a public entity other than the City, the
removal of the graffiti may be authorized only after securing the consent of the
public entity having jurisdiction over the structure and release of the City fi.om
liability.
3. When a structure is privately owned, the removal of graffiti 'by City
forces or by a private contractor under the direction of the City may be aLr{horized
only after securing the written consent of the owner and release of the City from
liability.
c. At City's option, or if a private property owner's consent cannot be obtained,
graffiti which is located on privately-owned permanent structures on privately-owned real
property within-the City and which can be viewed by a person utilizing any public right-of-
way in the City may be removed by the City at the owner's expense as a public nuisance
pursuant to the following provisions:
1. The City AdminiStrator, or his designated representative, shall cause
written notice to be served upon the owner of the affected premises, as such
owner's name and address appears on the last equalized assessment roll, by
depositing the notice in the U. S. Postal Service enclosed in a sealed envelope with
first-class postage thereon fully prepaid. The mailed notice shall be certified and
addressed to the owner as stated above, and if there is no known address, then
in care of the property address. Service shall be complete at the time of deposit
in the U. S. Postal Service. The failure of any person to receive such notice shall
not affect the validity of any proceeding hereunder. The owner shall have five (5)
days after the date of service of the notice to remove the graffiti or be subject to
City removal of the graffiti and assessment of the costs of such removal as a lien
on the subject property.
Ordinance No. 800
Page 4 of 8
2. The notice shall be on City letterhead in substantially the following
form:
NOTICE OF INTENT TO REMOVE GRAFFITI
NOTICE IS HEREBY GIVEN that you are required at your expense to remove or
paint over the graffiti located on the property commonly known as
, Bellflower, California, which is visible to public
view, within five (5) days after the date of this notice. The graffiti is visible to public view
and, therefore, .constitutes a public nuisance. If you fail to comply with this order, City
employees, or private City contractors, will enter upon your property and abate the public
nuisance by the removal or painting over of the graffiti. The cost of the abatement by the
City employees, or its private contractors, will be assessed upon your property and such
costs will constitute a lien upon the land until paid.
All persons having any objections to, or interest in, said matters are hereby notified to
submit any objections to the City Administrator, or his designated representative, within
five (5) days from the date of this notice.
At the conclusion of this five (5) day period, the City may proceed with the abatem, ent of
the graffiti on your property at your expense without further notice.
3. Service of the notice by the City Administrator, or his designated
representative, shall be made on the day the notice is dated and by affidavit, the
odginal of which shall be filed with the City Clerk.
4. - If any objections are submitted to the City Administrator within five (5)
days after the date appearing on the NmYce of Intent to Remove Graffiti, the City
Administrator, or his designee, shall hold a hearing on the objections. If the City
Administrator overrules his objections, the owner shall have five (5) days from the
date of the City Administrator's decision to remove the graffiti. The owner may
appeal the City Administrator's decision to the City Council. The City Council shall
hold a headng as soon as reasonably practical. Its decision shall be final.
5. If no objections are submitted as set forth in No. 4 above, or if the
objections are overruled following hearing, and if the owner falls to remove or fails
to cause the graffiti to be removed by the designated date, or such continued date
thereafter as the City Administrator, or his designated representative, approves,
then the City Administrator, or his representative, shall cause the graffiti to be
abated by City forces or private contract, and the City, or its private contractor, is
expressly authorized to enter upon the premises for such purposes.
Ordinance No. 800
Page 5 of 8
6. Should the City Administrator be required to abate the graffiti as set
forth in No. 5 above, he shall thereafter follow the procedures set forth in
Subsections 3-3.20.4, 8-6.10, 8-6.11, 8-6.12, 8-6.13, and 8-6.17 regarding recovery
costs of abatement, through assessment of the costs of abatement against the
property as a lien. The notice of lien for purl3oses of this Subsection shall be in
substantially the following form:
Ordinance No. 800
Page 6 of 8
NOTICE OF UEN
(Claim of the City of Bellflower)
Pursuant to Government Code Section 25848 and the
authority of Subsection 3-3.20 of the Bellflower Municipal
Code, the City Administrator of the City of Bellflower did on or
about the day of ,19 , cause
the painting over or removal of graffiti at the premises
hereinafter described to abate a public nuisance on said real
property; and the City Administrator of the City of Bellflower
did on the day of ,19 assess
the cost of such abatement upon the real property ~'~einaffer
described; and the same has not been paid, nor any part
thereof; and that said City of Bellflower does hereby claim a
lien for such costs of abatement in the amount of said
assessment, to wit: the sum of dollars; and the same
shall be a lien upon said real property until the same has
been paid in full, and discharged of record.
The real property hereinbefore mentioned, and upon
which a lien is claimed, is that certain parcel of land lying and
being in the City of Bellflower, County of Los Angeles, State
of California and particularly as follows:
(description)
Dated this ~ day of ,199_.
City of Bellflower, California'
T'rtle of Authorized Signature
City Administrator, City of Bellflower, Bellflower,
California
Or¢linance No. 800
Page 7 o1 8
Subsection 3-3.20.5. Reward.
Pursuant to Government Code Section 53069.5, the City Council may, by
resolution, establish a reward for information leading to the identification, apprehension,
or conviction of any person who places graffiti upon any public or private property in the
City. In the event of~.damage to public property, said resolution may require that the
convicted offender reimburse the City for any reward paid, and may place responsibility
for reimbursement of such reward upon the parent(s) or legal guardian(s) of any
unemancipated minor so convicted.
Subsection 3-3.20.6. Violations.
In addition to other penalties under State law which may be applicable, any
violation of this Chapter shall be a misdemeanor offense punishable by either six (6)
months in jail, a $1,000.00 fine, or both such fine and imprisonment."
SECTION 3, URGENCY FINDINGS.
The City of Bellflower is experiencing an onslaught of graffiti which is creating a
blighted condition throughout the City. Prompt action is required to curb the graffiti and
maintain community property values. Unless this Ordinance becomes effective
immediately, pursuant to Government Code Section 36934, the City will be unable to
promptly stem the tide of graffiti. This Ordinance is, therefore, necessary for the
protection of the public health, safety, and welfare and shall take effect immediately upon
its adoption as an urgency ordinance.
SECTION 4. ~EVERABILITY.
If any section, subsection, phrase or clause of this Ordinance is for any reason
held to be invalid, such decision shall'not affect the validity of the remaining portion of this
Ordinance. This City Council declares that it would have adopted this Ordinance and
each section, sub-section, phrase or clause thereof irrespective of the fact that any one
or more sections, sub-sections, sentences, phrases or clauses be declared invalid.
Ordinance No. 800
Page 8 of 8
PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY
OF BELLFLOWER THIS 8TH DAY OF FEBRUARY, 1993.
M'~yor, City ~fl~ellflower
A'i'i'EST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF BELLFLOWER )
I, Debra D. Bauchop, City Clerk of the City of Bellflower, California, do hereby
certify under penalty of perjury that the foregoing Urgency Ordinance No. 800 was
duly passed, approved, and adopted by the City Council of the City of Bellflower at
its Regular Meeting of February 8, 1993, by the following vote to wit:
AYES: Councilmembers- Cleveland, Pendleton, Stone,
Gilson, and Mayor Ansdell
NOES: Councilmembers- None
ABSENT: Counciimembers- None
Dated: February 8, 1993
Debra D. ~a-uch~p, ~Cla~j( -~'-
City of Bellflower, California
(SEAL)
CITY OF BELLFLOWER
ORDINANCE NO. 808
AN ORDINANCE OF THE CITY OF BELLFLOWER,
CALIFORNIA, AMENDING CHAPTER III OF THE
BELLFLOWER MUNICIPAL CODE BY AMENDING
SUBSECTION 3-3.20 RELATING TO THE PREVENTION,
PROHIBITION, AND REMOVAL OF GRAFFITI.
MEMBERS OF THE CITY COUNCIL OF THE CITY OF BELLFLOWER DO HEREBY
ORDAIN AS FOLLUWS:
~ Chapter III, Subsection 3-3.20, of the Bellflower Municipal Code
is hereby amended in its entirety to read as follows:
"Subsection 3-3.20. Graffiti Prevention, Prohibition and Removal; Purpose and
Intent.
The purpose of this Subsection is to help prevent the spread of graffiti and to
establish a program for its removal from public and private property. The spread of
graffiti on both public and private buildings, structures, or places causes blight within
the City which results in a deterioration of prol~er~ and business values for adjacent
and surrounding properties, all to the detriment of the City. The City Counci~ finds
and determines that graffiti is obnoxious and a public nuisance which must be abated
to avoid the detrimental impact of graffiti on the City and to prevent the further
spread of graffiti. California Government Code Section 53069.3 permits the use of
City funds to remove graffiti from public or privamly-owned permanent structures
located on public or privately-owned real property in the City.
Subsection 3-3.20.1. Definitions.
Graffiti means any unauthorized inscription, word, figure, or design that is
marked, etched, scratched, drawn, or painted on any surface of public or private
buildings, structures, and places.
Lot means a lot, parcel, tract, premises, or piece of land, improved, or
unimproved, in the City.
Owner as used in the subsection, means any person so designated on the last
equalized assessment roll, and also any person having, or claiming to have, any legal,
or equitable, interest in the premises.
Page I of 7
CITY OF BELLFLOWER
ORDINANCE NO. 808
PAGE 2 OF 7
Graffiti Implement means a marking pen with a tip exceeding four (4)
millimeters in width containing anything other than a solution which can be removed
with water after it dries; a paint stick; any spray container containing any fluid .which
will leave a permanent mark after it dries, other than an aerosol container of paint; or
a deodorant stick, or a deodorant roll-on, which has been modified with an opaque
colorant.
Subsection 3-3.20.2. Graffiti Implements - Public Areas.
It is unlawful for any person to carry on his or her person and in plain view to
the public a graffiti implement while in any posted public facility, park, playground,
swimming pool, or recreational area, other than a highway, street, alley or way, unless
he or she has first received valid authorization from the governmental entity which has
jurisdiction over the public area. As used in this subsection, "posted" means a sign
placed in a reasonable location or locations stating it is a misdemeanor to possess a
graffiti implement in such public facility, park, playground, swimming pool, or
recreational area without valid authorization.
Subsection 3-3.20.3. Graffiti Implements - Minors.
It is unlawful for any person under the age of eighteen (18) years to possess
a graffiti implement for the purpose of defacing property while on any public highway,
street, alley, or way, or other public place, regardless of whether that person is or is
not in any automobile, vehicle, or other conveyance.
Subsection 3-3.20.4. Nuisance.
The existence upon any lot of graffiti is expressly declared to be a public
nuisance, and it shall be the duty of both the owner of the lot, and any person who
may be in possession, or who has a right to such possession, to at all times keep such
lot clean and free from graffiti.
Subsection 3-3.20.5. Removal of Graffiti.
Graffiti may be removed by any of the following methods:
CITY OF BELLFLOWER
ORDINANCE NO. 808
PAGE 3 OF 7
a. Any person applying Graffiti within the City shall have the duty to remove
the same within twenty-four (24) hours after notice by the City or the public or private
owner of the property involved. Failure of any person to so remove graffiti shall
constitute an additional violation of this Subsection. Where graffiti is applied by an
unemancipated.minor, his parent(s) or iugal guar(Jian(s) sh;il'be responsible for such
removal or for the payment thereof.
b. Whenever the City Administrator, or his designated representative,
determines that graffiti is so located on public or privately-owned structures on public
or privately-owned real property within this City so as to be capable of being viewed
by a person utilizing any public right-of-way in this City, the City Administrator, or his
designated representative, is authorized to provide for the removal of the graffiti solely
at the City's expense, without reimbursement from the property owner upon whose
property the graffiti has been applied upon the following conditions:
1. In removing the graffiti, the painting and/or repair of an area more
extensive than where the graffiti is located shall not be authorized, e~xcept
where the structure or property is City-owned and the City Administrator, or his
designee, determines that a more extensive area is to be repainted and/or
repaired, or where the private property owner, or other public entity owner,
agrees to pay for the costs of repainting and/or repairing a more extensive area.
2. Where a structure is owned by a public entity other than the City,
the removal of the graffiti may be authorized only after securing the consent of
the public entity having jurisdiction over the structure and release of the City
from liability.
3. When a structure.is privately owned, the removal of graffiti by City '
forces or by a private contractor under the direction of the City may be
authorized only after securing the written consent of the owner and release of
the City from liability.
c. At City's option, or if a private property owner's consent cannot be
obtained, graffiti which is located on privately-owned permanent structures on
privately-owned real property within the City and which can be viewed by a person
utilizing any public right-of-way in the City may be removed by the City at the owner's
expense as a public nuisance pursuant to the following provisions:
CITY OF BELLFLOWER
ORDINANCE NO. 808
PAGE 4 OF 7
1. The City Administrator, or his designated representative, shall
cause written notice to be served upon the owner of the affected premises, as
such owner's name and address appears on the last equalized assessment roil,
by depositing the notice in the United States Postal Service enclosed in a sealed
envelope with first-class postage thereon fully prepaid. The mailed notice shall
be certified and addressed to the owner as stated above, and if ther® is no
known address, then in care of the properw address. Service shall be complete
at the time of deposit in the United States Postal Service. The failure of any
person to receive such notice shall not affect the validity of any proceeding
hereunder. The owner shall have five (5) days after the date of service of the
notice to remove the graffiti or be subject to City removal of the graffiti and
assessment of the costs of such removal as a lien on the subject properw.
2. The notice shall be on City letterhead in substantially the following
form:
'NOTICE OF INTENT TO REMOVE GRAFFITI
NOTICE IS HEREBY GIVEN that you are required at your expense to remove or paint
over the graffiti located on the property commonly known as
, Bellflower, California, which is visible to public view, within five (5)
days after the date of this notice. The graffiti is visible to public view and, therefore,
constitutes a public nuisance. If you fail to comply with this order, City employees,
or private City contractors, will enter upon your property and abate the public
nuisance by the removal or painting over of the graffiti. The cost of the abatement
by the City employees, or its private contractors, will be assessed upon your p~operty
and such costs will constitute a lien upon the land until paid.
All persons having any objections to, or interest in, said matters are hereby notified
to submit any objections to the City Administrator, or his designated representative,
within five (5) days from the date of this notice.
At the conclusion of this five (5) day period, the City may proceed with the abatement
of the graffiti on your property at your expense without further notice."
3. Service of the notice by the City Administrator, or his designated
representative, shall be made on the day the notice is dated and by affidavit,
the original of which shall be filed with the.City Clerk.
CITY OF BELLFLOWER
ORDINANCE NO. 808
PAGE 5 OF 7
4. If any objections are submitted to the City Administrator within
five (5) days after the date appearing on the Notice of Intent to Remove
Graffiti, the City Administrator, or his designee, shall hold a hearing on the
objections. If the City Administrator overrules his objections, the owner shall
have five (5) days from the date of the City Administrator's decision to remove
the graffiti.: The owner may appeal the City Administrator's decision to the City
Council. The City Council shall hold a hearing as soon as reasonably practical.
Its decision shall be final.
5. If no objections are submitted as set forth in No. 4 above, or if the
objections are overruled following hearing, and if the owner fails to remove or
fails to cause the graffiti to be removed by the designated date, or such
continued date thereafter as the City Administrator, or his designated
representative, approves, then the City Administrator, or his representative,
shall cause the graffiti to be abated by City forces or private contract, and the
City, or its private contractor, is expressly authorized to enter upon the
premises for such purposes.
6. Should the City Administrator be required to abate the gr;~ffiti as
set forth in No. 5 above, he shall thereafter follow the procedures set forth
in Subsections 3-3.20.5, 8-6.10, 8-6.11,8-6.12, 8-6.13, and 8-6.17 regarding
the recovery costs of abatement, through assessment of the costs of
abatement against the property as a lien. The notice of lien for purposes of this
Subsection shall be in substantially the following form:
"NOTICE OF LIEN
(Claim of the City of Bellflower)
Pursuant to Ca/iforn/a Government Code Section 25848 and the authority of
Subsection 3-3.20 of the Bellflower Municipal Code, the City Administrator of the City
of Bellflower did on or about the day of ,19_, cause the
painting over or removal of graffiti at the premises hereinafter described to abate a
public nuisance on said real property; and the City Administrator of the City of
Bellflower did on the day of ,19 assess the cost of such
abatement upon the real property hereinafter described; a-~'d the same has not been
paid, nor any part thereof; and that said City of Bellflower does hereby claim a lien for
such costs of abatement in the amount of said assessment, to wit: the sum of
dollars; and the same shall be a lien upon said real property until the same has been
paid in full and discharged of record.
CITY OF BELLFLOWER
ORDINANCE NO. 808
PAGE 6 OF 7
The real property hereinbefore mentioned, and upon which a lien is claimed, is
that certain parcel of land lying and being in the City of Bellflower, County of Los
Angeles, State of California and particularly as follows:
(description)
Dated this day of ,19 .
City of Bellflower, California,
by its City Administrator"
Subsection 3-3.20.6. Reward.
Pursuant to California Government Code Section 53069.5, the City Council
may, by resolution, establish a reward for information leading to the identification,
apprehension, or conviction of any person who places graffiti upon any public or
private property in the City. In the event of damage to public property, said resolution
may require that the convicted offender reimburse the City for any reward paid, and
may place responsibility for reimbursement of such reward upon the parent(s) or legal
· guardian(s) of any unemancipated minor so convicted.
Subsection 3-3.20.7. Display For Sale.
On and after July 12, 1993, every person who owns, conducts, operates, or
manages a retail commercial establishment selling aerosol containers, or marker pens
with tips exceeding four millimeters in width, containing anything other than a solution
which can be removed with water after it dries, or paint sticks, shall store or cause
such aerosol containers, marker pens, or paint sticks, to be stored in an area viewable
by, but not accessible to the public in the regular course of business without
employee assistance, pending legal sale or disposition of such marker pens, paint
containers, or paint sticks.
Subsection 3-3.20.6. Violations.
In addition to other penalties under State law which may be applicable, any
violation of this Subsection shall be a misdemeanor offense punishable by either
six (6) months in jail, a $1,000.00 fine, or both such fine and imprisonment."
CITY OF BELLFLOWER
ORDINANCE NO. 808
PAGE 7 OF 7
~ This Ordinance shall take effect thirty (30) days after its adoption.
The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall
cause this Ordinance to be published as required by law; or in the alternative, the City
Clerk may cause to be published a summary 0repared by the City Clerk's Office of this
ordinance and ~ certified copy (~f the text of this ordinance shall be posted in the City
Clerk's Office five (5) days prior to the date of adoption of this ordinance, and within
fifteen (15)'days after adoption, the City Clerk shall again cause to be published the
aforementioned summary and shall post a certified copy of this ordinance, together
with the vote for and against the same, in the City Clerk's Office.
~ If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance, or the al~l~lication thereof to any person, firm, corporation, or
circumstance, is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portion thereof. The City Council of the City of Bellflower, California,
hereby declares that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY
OF BELLFLOWER, CALIFORNIA, THIS 1ZI'H DAY OF APRIL, 1993.
MAYOR, CITY OF BELLFLOWER
ATTEST:
CITY CLERK, CITY OF BELI~IELOWER
STATE OF CAUFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF BELLFLOWER )
I, Debra D. Bauchop, City Clerk of the City of Bellflower, California, do hereby
certify under penalty of perjury that the foregoing Ordinance No. 808 had its first
reading on March 22, 1993, its second reading on April 12, 1993, and was duly
passed, approved, and adopted by the City Council of the City of Bellflower at its
Regular Meeting of April 12, 1993, by the following vote to wit:
AYES: Councilmembers- Ansdell, Giison, Pendleton,
Cleveland, and Mayor Stone
NOES: Councilmembers- None
ABSENT: Counciimembers- None
Dated: April 13, 1993
Debra D. Bauchop, City Clerk ~''
City of Bellflower, California
(SEAL)
CITY OF BELLFLOWER
ORDINANCE NO. 834
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BELLFLOWER AMENDING CHAPTER III OF THE
BELLFLOWER MUNICIPAL CODE, RELATING TO ACTIONS
TO IMPOSE CIVIL PENALTIES ON A PARENT OR
GUARDIAN WHOSE MINOR CHILD OR WARD ENGAGES IN
GANG RELATED ACTIVITIES.
THE CiTY COUNCIL OF THE CITY OF BELLFLOWER DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter III, of the Bellflower Municipal Code is hereby amended
by adding Subsection 3-4.7.1 thereto, to read as follows:
"Subsection 3-4.7.1
a. Parental Responsibility.
Every parent or legal guardian who, by any act or an omission, or by threats,
or other form of coercion contributes to, or induces or attempts to induce any
dependent child or ward of such person to fail or refuse to conform to any lawful order
of a peace officer, or to conform to the requirements of the Bellflower MunicipaI Code
concerning curfew, shall be subject to a civil penalty. For purposes of this section,
a parent or legal guardian to any person under the age of 18 years shall have the duty
to exercise reasonable care, supervision, protection and control over their minor child
or ward.
b. Civil Penalties.
Any person who violates the provisions of this subsection 3-4.7.1 shall be liable
for a civil penalty not to exceed two thousand five hundred dollars ($2,500.00) for
each violation, which shall be assessed and recovered in the civil action brought in the
name of the City.
In any action brought pursuant to this section, penalties collected shall be paid
to the Treasurer of this City.
c. Remedy Cumulative.
The remedies provided in this subsection are in addition to the remedies and
penalties available under the Bellflower Municipal Code and all other laws of this
state."
Page I of 2
CITY OF BELLFLOWER
Ordinance No. 834
Page 2 of 2
SECTION 2. ~
If any section, subsection, phrase or clause of this ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portion
of the ordinance. This City Council declares that it would have adopted this ordinance
and each section, subsection, phrase or clause thereof irrespective of the fact that any
one or more sections, subsections, sentences, phrases or clauses be declared invalid.
SECTION'3. Effective~ Date.
This ordinance shall take effect thirty (30) days after its adoption. The City
Clerk or her duly appointed deputy shall certify to the adoption of this ordinance and
shall cause this ordinance to be published as required by law.
PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
BELLFLOWER THIS 11TH DAY OF JULY, 1994.
Ken Cleveland, Mayor
City of Bellflower
ATTEST:
Leilani V. Ines, Assistant City Clerk
City of Bellflower
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF BELLFLOWER )
I, Leilani V. Ines, Assistant City Clerk of the City of Bellflower, California, do
hereby certify under penalty of perjury that the foregoing Ordinance No. 834 had its
first reading on June 27, 1994, its second reading on July 11, 1994, and was duly
passed, approved, and adopted by the City Council of the City of Bellflower at its
Regular Meeting of July 11, 1994, by the following vote to wit:
AYES: Councilmembers Smith, Bomgaars, and Mayor
Cleveland
NOES: Councilmember Giison and Olivier
ABSENT: Councilmembers- None
Dated: July 12, 1994
Leilani V. Ines, Assistant City Clerk
City of Bellflower, California
(SEAL)
ORDINANCE NO.
AN ORDINANCE ADDING SECTION 2.02. 030
TO THE BAKERSFIELD MUNICIPAL CODE
RELATING TO CONTINUOUS RESIDENCE OF
COUNCILMEMBERS IN THEIR WARD.
WHEREAS, Section 17 of the City Charter states that
councilmembers and candidates for council must be residents of the
wards they represent or seek to represent and qualified electors at
the time nomination papers are issued; and
WHEREAS, Section 17 has been interpreted to require that
councilmembers be residents of their ward only at the time
nomination papers are issued; and
WHEREAS, it is the intention of the City Council to
interpret Section 17 to require that councilmembers be residents of
the City and their r~spective wards at all times they remain in
office, and require that they be electors at the time nomination
papers are issued;
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Section 2.02.030 is hereby added to the Bakersfield
Municipal Code to read as follows:
2.02.030 Residency of councilmembers.
Councilmembers shall be residents of the City and of the
ward which they represent during their entire term of office.
Should any councilmember remove his or her residence from the City
or from the ward from which he or she is elected, he or she must
immediatel~ resign from office.
SECTION 2.
This Ordinance 'shall be posted in accordance with
provisions of the Bakersfield Municipal Code and shall become
effective thirty (30) days from and after the date of its passage.
o0o
I H~REB~ CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on by the following
vote: '
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
J~DY K. SKOUSEN
CITY ATTORNEY of the City of Bakersfield
LCM/meg
ORD~AVARD-RES.ORD
Fe..brt~ 1. 1~5
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