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.