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HomeMy WebLinkAbout383 - OrdinancesORDINANCE NO. 383 AN ORDINANCE OF THE CITY COUNC CUCAMDNGA, CALIFORNIA, AME~D~ CUCAMONGA MUNIC/PAL CODE BY AI PROVIDING A PROGRAM FOR THE RMM INSCRIBe3 MATERIALS FROM W~T I .q A~ AND PRIVATE PROPERTZ Tne City Council of the City of Ra follows: SECT/ON 1: Title 8 of the Rancho amended by the addition of a new Chapter 8.2 follows: "Chapter 8.2 "Removal of Grafrlti "Sections 8.24.010 8.24.020 8.24.030 Graffiti and other Inscribed Materials Declared to be a Nuisance. Authorization to Remove Graffiti and other Unauthorized Inscribed Materials frc~ Public Alternative Procedures Available. "8.24.010 Graffiti and other Inscribed Materials Declared to be a Nuisance. "Graffiti on public or private property is a blighting factor which not only depreciates the value of the property which b~-~ been the target of such var~alism ~ut also depreciates the value of the adjacent and surrounding properties; and in so doing ba-~ a negative impact upon the entire City. "Graffiti also bag been found to be a me~_ns of identification utilized by gangs, and further, its presence may encourage further gang related activities. "In 1976, the Legislature added Section 53069.3 to the Gove/~-~_nt Code which authorized the City, under certain circumstances, to provide for the removal of graffiti and other inscribed materials frc~ private as well as public property. Tne Council finds and determines that graffiti is oknoxious and a public nuisance and unless it and other inscribed materials are removed from public and private property, they tend to remain. Other properties then become Ord~_rk3nce No. 383 Page 2 the target of graffiti with the result that entire neighborhoods are affected and the entire community depreciates in value and becomes a less desirable place in "It is the intent of the City Council to continue to pursue graffiti including that which is of a recurring nature. "8.24.020 Authorization to Remove Graffiti and other Unauthorized Inscribed Materials from Private and Public Pro~. '"Wherever the Main~ Superintendent determines that graffiti or other inscribed material is so located on public or privately owned, permanent structures on public or privately owned, permanent 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 Maintenance Superintendent is authorized to provide for the removal of the graffiti of other inscribed material upon the following conditions: "(1) In removing the graffiti or other inscribed material, the painting or repair of a more extensive area shall not be authorized. "(2) Where a structure is owned by a public entity other than this City, the removal of the graffiti or other inscribed material may be authorized only after securing the consent of the public entity having jurisdiction over the structure and such entity executes a release and w~iver approved as to form by the City Attorney. "(3) Where a structure is privately owned, the remDval of the graffiti or other inscribed material may be authorized only after securing the consent of the owner and the owner executes a release and waiver approved as to form by the City Attorney.,, "8.24.030 Alternative Procedures Available. "In the event the property owner of private property upon which graffiti or other inscribed material ba-~ been placed, declines to consent to removal thereto by City or fails or refuses to grant subject consent within a reasonable time after request made by City, the property Ordinance No. 383 Page 3 upon which graffiti or other inscribed materials has been placed shall be subject to the abatement process set forth in Chapter 8.23. SECT/ON 2: The City Council declares that, should any provision, section, paragraph, sentence or word of this Chapter be reDaxed or declared irnmlid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Chapter shall remain in full force and effect. SECT/ON 3: ordinance. Tne City Clerk shall certify to the adoption of this SECTION 4: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVBD, and ADO~ this 4th day of January, 1989. Alexander, Brown, Buquet, Stout, Wright AYES: NOES: None ABS~qT: None Dennis L. Stout, Mayor I, BEVERLY A. AUTHRr.RT, CITY cr.FRK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucmm3rrraheld on the 21st day of December, 1988, and was finally passed at a regular ~eeting of the City Council of the City of Rancho Cucamongaheld on the 4thday of January, 1989. OrcLLrk3nce No. 383 Pac2e 4 Executed this 5th day of January, 1989 at Rancho Cucamonga, California.