Agenda Item Wording:
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Graffiti Ordinance Update - A Public Hearing and First Reading of Ordinance No. 2024-10, a request by the City of Visalia to amend Visalia Municipal Code Section 9.16 “Graffiti”.
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Deadline for Action: 10/7/2024
Submitting Department: Community Development
Contact Name and Phone Number:
Tracy Robertshaw, Neighborhood Preservation Manager, tracy.robertshaw@vislia.city <mailto:tracy.robertshaw@vislia.city>, (559) 713-4187
Paul Bernal, Planning and Neighborhood Preservation Director, (559) 713-4025, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>
Department Recommendation
Staff recommends that the Visalia City Council hold a public hearing, receive a presentation and staff report, and introduce the first reading of Ordinance No. 2024-10 amending Visalia Municipal Code Section 9.16.
Summary:
On May 20, 2024, a work session item was held with the City Council to conduct a review of the ordinance requirements related to Graffiti Abatement. During the presentation, and as noted in the staff report, several areas of the Graffiti ordinance were identified that required correction. The sections discussed that staff identified as needing revisions are as follows:
1. Section 9.16.070 Removal
2. Section 9.16.070 (C) (2) (3) (4) and (5) Undue Hardship
3. Section 9.16.080 Appeal of Cost Removal
4. Section 9.16.090 Responsibility
5. Section 9.16.120 Reward
In addition to discussing the updates to the ordinance sections above, staff also discussed with the Council an opportunity to conduct additional research on the potential to establish a pilot paint program that would be accessible to property owners and residents of Visalia that have had their property vandalized due to graffiti. The concept of the program would be to seek opportunities to purchase, hold, and distribute a small quantity of a variety of neutral paint colors, free of charge, to those property owners seeking to paint over the graffiti themselves rather than going through the “Alternative to Abatement” process. An update on this effort is further discussed in the “Pilot Painting Program” section of this staff report.
Overview and Revisions to the Graffiti Ordinance (Chapter 9.16)
The following is a summary of the revisions made to the applicable sections of Chapter 9.16.
1. Section 9.16.070 Removal
This section requires graffiti violation notices sent by mail, afford property owners 15 days to remove graffiti from private property. In addition to the fifteen (15) days, five (5) additional days are factored into this timeline to allow for mail service. Based on the timing allowances, this often results in graffiti remaining a total of 20 days on-site.
The ordinance was updated reducing the requirement to remove the graffiti from fifteen (15) days to seven (7) business days (see attached Ordinance No. 2024-XX).
2. Section 9.16.070 (2) Undue Hardship
The “Undue Hardship” section has been revised with an “Alternative to Abatement” section. The Undue Hardship section originally allowed a property owner to apply for a hardship waiver if they are unable to remove graffiti from their property. Under this section, the property owner was required to file a written request for waiver of the removal requirement with the city. This section was outdated because it did not clearly define the hardship waiver process and lacked additional language that covers cities using public funds to remove graffiti from private property if the hardship waiver was granted.
This section is now updated to formalize a process that gives the City the ability to remove graffiti from private property subject to the property owner signing a “Release of Liability Form”, as outlined in Section 9.16.070.3 of the Graffiti ordinance. This revised section permits staff to remove the graffiti from private property and establishes the ability of the property owner to set up payment arrangements through the Neighborhood Preservation Division for reimbursement back to the City. In addition, staff also incorporated Government Code Section 53069.3 in the ordinance which authorizes the city, under certain circumstances, to provide for the removal of graffiti from private property. In the event a private property owner is seeking financial assistance from the City to remove graffiti from their property, it shall be incumbent on the private property to demonstrate by a preponderance of evidence that they do not have the financial ability to remove the graffiti.
The full text of this section is included in the attached Ordinance No. 2024-10.
As explained below, the pilot program of the availability of free paint is another low/no cost option for property owners.
3. Section 9.16.080 Appeal of Cost Removal
This section has been amended to coincide with the appeal process as stated per Municipal Code Chapter 1.13. Municipal Code Chapter 1.13 contains the appeal process that is utilized for all other violations of the municipal code and amending this chapter to coincide with Chapter 1.13 will require that graffiti appeals be handled in the same manner as other violations. In addition, this section will also be revised to remove language requiring the City Clerk process the appeal request.
4. Section 9.16.090 Responsibility
The text found in this section has been removed and Section 9.16.090 will be a section that is “Reserved”. The removal of this section is based on staff’s conclusion that payment of restitution to another property owner, as a result of their property being defaced with graffiti, is a civil matter and should be handled between property owners without involvement of the City to place a lien on private property to recoup said monies.
The section has been updated to simplify the section by removing the lengthy lien process and retaining the special assessment provision, which is more commonly used by the City for other types of collection issues.
5. Section 9.16.120 Reward
This section has been removed because the City does not have an established reward fund for arrest/conviction of graffiti violators and this section has been removed in its entirety.
Pilot Paint Program Update:
During the May 20th work session presentation, staff provided an overview of a potential pilot program that would be accessible to property owners and residents of Visalia that have had their property vandalized due to graffiti. The program would seek opportunities to purchase, hold, and distribute a small quantity of a variety of neutral paint colors, free of charge, to those property owners seeking to paint over the graffiti themselves rather than going through the “Alternative to Abatement” process.
Recently, staff was contacted by the warehouse manager of the Ace Hardware Distribution Center located in the Visalia Industrial park, as well as the local Ace Hardware Store manager, regarding a Paint Program. Ace Hardware Distribution Center is willing to donate exterior base paint that staff can make available to property owners. The local Ace Hardware Store has agreed to mix the base paint into custom colors for the owners at no cost. The amount of paint that can be donated to the program will be limited to paint base that has been returned to the warehouse distribution facility. Due to potential limitations, this may result in times where paint will not be available to provide to property owners. Staff will look to purchase paint to continue the pilot program should there be a shortage of the donated paint.
Available paint will be offered to property owners that need to cover graffiti that cannot be removed with chemicals or by power washing, or that want to use this low cost option instead of the chemicals or power washing. Distribution of the product will be determined using the same qualifications as the fee waiver in Section 9.16.070 (2).
Fiscal Impact:
The chemicals used to abate graffiti have a cost of $130.00 per gallon and the Graffiti Abatement teams average cost per work order is $41.50, plus staff time at a rate of $19.61 per hour. The average cost per property can vary depending on the size and quantity of the graffiti, but generally will be between $100-$150 per property. Allowing property owners to apply for a waiver of fees/abatement charges will mean that the City absorbs the cost of abatement for those property owners that meet the qualifications for a waiver.
Prior Council Action:
On May 20, 2024, the City Council directed staff to move forward with revising the Visalia Municipal Code 9.16 Graffiti.
Other: N/A
Alternatives:
The City Council may, in lieu of the recommended motion, consider any of the following alternatives:
1. Refer all parts of the ordinance back to staff for further review; or
2. Direct staff to not process any amendments to Visalia Municipal Code Section 9.16 Graffiti; or
3. Continue the matter to a future City Council hearing for additional information.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to introduce the first reading of Ordinance 2024-10 amending Visalia Municipal Code Chapter 9.16 Graffiti.
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Environmental Assessment Status:
The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061(b)(3) which states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
CEQA Review:
The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption (NOE No. 2024-52) has been prepared.
Attachments:
1. Ordinance 2024-10 amending Visalia Municipal Code Section 9.16 Graffiti
2. PowerPoint Presentation - Graffiti Abatement Changes