ORD 1713 - Laserfiche WebLink

Ordinance No. 1713 Page 2 9.34.020 Definitions. For purposes of this Chapter, the following words or phrases shall have meanings as provided in this section: A. "Abatement" means removing or covering over of graffiti by such means and in such manner and to such an extent as is necessary in the interest of the general health, safety, and welfare of the community as determined by the City Manager. B. "City Manager" includes the City Manager or the City Manager's designee. C. "Expense of abatement" includes, but is not limited to, court costs, costs of removal of graffiti, costs of repair and replacement of defaced property, recording costs, costs of providing notice to the property owners and/or responsible party, law enforcement costs incurred by the City in identifying and apprehending the person who created, caused, or committed graffiti on property within the City of Pleasanton, costs of administering and monitoring the participation of a person, and if the person is a minor, the minor and the minor's parent or guardian in a graffiti abatement program, and attorney's fees by the prevailing party pursuant to Government Code, Section 38773.5(b). D. "Graffiti" means any unauthorized inscription, word, figure, mark, design, or other inscribed material that is written, marked, etched, scratched, drawn, sprayed, painted, pasted, or otherwise affixed to any surface on any property to the extent · that same was unauthorized by the owner thereof or, despite authorization, is deemed by the City Council to be a public nuisance. E. "Property" means real or personal property, whether publicly or privately owned, within the City of Pleasanton. 9.34.030 Declaration of Nuisance. The City Council finds and declares that the existence of graffiti anywhere within the City of Pleasanton is a public and private nuisance and may be abated as provided in this Chapter. 9.34.040 Removal by Person Who Has Created, Caused or Committed Graffiti. Any person who has created, caused or committed graffiti within the City shall have the duty to abate the same immediately, but not longer than 72 hours aeter notice by the City or by the owner of the property involved. Each instance of failure by any person to abate graffiti following notice shall constitute a separate violation. Every day that said graffiti is not abated at~er notice shall constitute a separate offense.