Agenda Item Wording:
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Graffiti Ordinance - Consideration of and direction on initiating potential Municipal Code updates to Visalia Municipal Code Chapter 9.16 Graffiti.
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Deadline for Action: 4/15/2024
Submitting Department: Community Development
Contact Name and Phone Number:
Tracy Robertshaw, Neighborhood Preservation Manager, (559) 713-4187, tracy.robertshaw@visalia.ciy <mailto:tracy.robertshaw@visalia.ciy>
Paul Bernal, Planning and Community Preservation Director, (559) 713-4025, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>
Department Recommendation:
Staff recommends that the Visalia City Council receive the staff report, staff presentation, conduct a review of current processes and ordinance requirements related to Graffiti (i.e., Chapter 9.16 of the Municipal Code) and consider any addition information presented during the work session. Based on all the information provided, the City Council may direct staff to formulate changes related to graffiti violations and abatement requirements and begin processing a Municipal Code Text Amendment to implement these changes.
Summary:
Although graffiti is a common problem, its intensity varies substantially from place to place. Because of its rising prevalence in many areas, and the high costs typically associated with cleanup and prevention, graffiti is often viewed as a persistent problem. While a single incident of graffiti does not seem serious, graffiti has a serious cumulative effect; its initial appearance in a location appears to attract more graffiti. In addition, graffiti generates the perception of blight and heightens fear of gang activity in an area.
To address this continuing problem, the City’s Graffiti Abatement program was established to ensure that graffiti found and/or reported throughout the community was addressed in an efficient manner and removed promptly as graffiti is considered an unsightly nuisance. With the recent City reorganization of several departments, the Graffiti Abatement program was transferred from the Public Works Department to the newly created Planning and Community Preservation Department. The hourly employees assigned to the Graffiti Abatement program report directly to the City’s Neighborhood Preservation Manager.
As a result of this program being moved under the direction of the Planning and Community Preservation Department, it has become apparent that changes to the existing graffiti ordinance are required given the last update occurred in 2012. This work session staff report provides the City Council with an overview of the current ordinance and potential changes as noted by staff.
Background Discussion:
A recent review of Visalia Municipal Code Chapter 9.16 “Graffiti” determined that the ordinance is in need of revisions that require corrections to various portions of this chapter. The following is a summary of the sections that where revisions are necessary:
1. Section 9.16.070 Removal
Summary: 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.
Staff Recommendation: Staff recommends the requirement to remove the graffiti be reduced from fifteen (15) days to seven (7) days, with five (5) days of mail time for a total of 12 days. Staff concludes that reducing the timeline as noted above ensures graffiti is removed promptly. However, in lieu of revisions as recommended by staff, the City Council may also consider continuing with 15 days and revise this section to the wording to state “15 calendar days”. Council could choose to leave it at 20 days.
2. Section 9.16.070 (2) Undue Hardship
Summary: This section allows the property owner to apply for a hardship waiver if they are unable to remove. Under this section, the property owner shall file a written request for waiver of the removal requirement with the city. The property owner shall explain his/her reason(s) for making such request. In determining whether the request for waiver will be granted, the following circumstances are to be considered: 1) The cost of restoration of the property to its original state prior to the imposition of the graffiti in proportion to the relative value of the property; 2) The ability of the owner to pay for such removal, and 3) Whether or not the property has been the target of previous incidents of graffiti.
Staff Recommendation: Staff recommends that this entire section be replaced with an “Alternative to Abatement” section. Although it is very unfortunate that vandalism has occurred on private property, the City should not absorb the full cost of removing the graffiti from private property. Rather, staff recommends that if the property owner(s) request to have the City remove the graffiti from their property, then the property owner(s) shall sign a Release of Liability Form, as outlined in Section 9.16.070.3 of the Graffiti ordinance, and shall pay for the abatement costs as outlined in Section 9.16.070.5 of said ordinance. This allows staff to remove the graffiti and the ability of the property owner to set up payment arrangements through the Neighborhood Preservation Division for reimbursement back to the City. This process is a similar to how other jurisdictions perform work handled in relation to code violations.
In addition to the proposed revisions as noted above, staff concludes this section will also need to include the previous language allowing the property owner the opportunity to seek a waiver of the fees by submitting a written request, explaining his/her reason(s) for making such request. In determining whether the request for waiver will be granted, the following circumstances are to be considered and will be reviewed the City Manager or their designee: 1) The cost of restoration of the property to its original state prior to the imposition of the graffiti in proportion to the relative value of the property; 2) The ability of the owner to pay for such removal, and 3) Whether or not the property has been the target of previous incidents of graffiti.
2.a. Pilot Paint Program
In addition to the proposed changes as noted under Section 2 above, the City Council may also consider directing staff to research a pilot paint program that would be accessible to property owners and residents of Visalia that have had their property vandalized due to graffiti. Staff could research how a program could be drafted and implemented that allows the City 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 as noted above in Section 2.
The intent of the program would be to provide a ratio of “neutral colored” paint to the property owner, at no cost to them, to address removing graffiti in a timely manner. This pilot paint program could be seen as a way to expedite the removal of graffiti from private property while allowing the Graffiti team to continue addressing the removal of graffiti from public property.
Staff would need approximately 60-days to further research how a pilot paint program could be established, including the cost to purchase paint, location(s) on where paint would be stored and distributed. Staff will present findings to the Council at a future work session.
3. Section 9.16.080 Appeal of Cost Removal
Summary: This section addresses the ability for a property owner to appeal the cost recovery bill issued by the City for the cost incurred by the City to remove graffiti from the owner's private property.
Staff Recommendation: Staff recommends that the appeal process be 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
Summary: In general, this section requires any individual who is found guilty of applying graffiti under the graffiti ordinance to pay restitution (graffiti abatement costs) to the property owner, in addition to authorized penalties to the city. In addition, if the person cannot pay restitution, the City may intervene and file a lien or special tax assessment on private property owned by the violator, or parents of the violator if they are minor, when a violator does not pay restitution to another property owner per a court order. The ordinance was added after state law was changed in the 2000’s to allow this type of cost recovery.
Staff Recommendation: Staff has researched this section of the ordinance and concludes 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. If the impacted property is City owned, staff will utilize our cost recovery through the City’s normal tax lien process and/or other legal means as deemed necessary. The included revision version of the ordinance simplifies this 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. City staff is unaware of the ordinance ever having been utilized and believe it could be removed without impacts to City operations.
5. Section 9.16.120 Reward
Summary: This section states that the City may provide rewards of up to five hundred dollars ($500.00) for information which leads to the arrest and conviction of graffiti vandals.
Staff Recommendation: The City does not have an established reward fund for arrest/conviction for graffiti violators. Staff recommends that this section be removed.
Fiscal Impact:
The chemicals used to abate graffiti have a cost of $130.00 per gallon and the Graffiti Abatement team’s average cost per work order is $41.50, plus the cost of staff time. The billing rate for the Graffiti Hourly position is $19.61. Average cost per property can vary depending on size and quantity of graffiti, but generally would be between $100-$150 per property. Allowing property owners to apply for a waiver of fees/abatement charges will mean that the City will absorb the cost of abatement for those property owners that are deemed qualified.
Prior Council Action: None.
Other: N/A
Alternatives:
The City Council may, in lieu of the recommended motion, direct staff to not process any amendments to Visalia Municipal Code Section 9.16 Graffiti.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to direct staff to begin drafting revisions to Chapter 9.16 Graffiti, based on the information provided in the staff report and during the work session presentation.
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Environmental Assessment Status:
No environmental assessment required at this time. The adoption of any ordinance changes will require environmental documentation pursuant to the California Environmental Quality Act (CEQA) to be completed by City staff.
CEQA Review:
The adoption of any ordinance changes will require environmental documentation pursuant to the California Environmental Quality Act (CEQA) to be completed by City staff. N/A
Attachments:
1. Proposed Revisions to Visalia Municipal Code 9.16 Graffiti
2. PowerPoint Presentation - Graffiti Abatement Changes