HomeMy WebLinkAboutOrd 14339
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902
=ROME F. COLEMAN
�IiYCOF BURL HGAME
601 PRIMROSE ROAD
URLINGAME, CALIF. 80010
ORDINANCE N0. 1433
ORDINANCE DETERMINING THAT GRAFFITI IS A PUBLIC
NUISANCE AND ESTABLISHING PROCEDURES FOR ITS
REMOVAL
The CITY COUNCIL of the CITY OF BURLINGAME does hereby
ORDAIN as follows:
Section 1, Chapter 10.30 is hereby added to the
Burlingame Municipal Code to read as follows:
"CHAPTER 10.30
GRAFFITI CONTROL
Section 10.30.010 Purpose. The purpose of this
Chapter is to provide a program for removal of graffiti from
walls and structure's on both public and private property and to
provide regulations designed to prevent and control the further
spread of graffiti in the City of Burlingame. The increase of
graffiti on both public and private buildings, structures and
places is creating a condition of blight within the City which
results in a deterioration of property and business values for
adjacent and surrounding properties, all to the detriment of the
City. The City council finds and determines that graffiti is
obnoxious and a public nuisance which must be abated so as to
avoid the detrimental impact of such graffiti on the City and to
prevent the further spread of graffiti.
Section 10.30.020 Graffiti defined. For the purpose
of this Article, "graffiti" shall mean the unauthorized spraying
of paint or marking of paint, ink, chalk, dye or other similar
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-ROME F. COLEMAN
.IN OF BURLINGAME
301 PRIMROSE ROAO
URLINGAME, CALIF. 10
substances on public or private buildings, structures and
places.
Section 10. 30.030 Graffiti prohibited.
(a) No person shall place graffiti or other writing
upon any public or privately owned permanent structure or
personal property located on publicly or privately owned real
property within the City of Burlingame.
(b) No person owning or otherwise in control of any
real or personal property within the City shall permit or allow
any graffiti to be placed upon or remain on any structure or any
personal property located on such real property or upon his
personal property when the graffiti is visible from the street
or other public or private property, for a period in excess of
that described in this chapter for notice and removal of
graffiti.
Section 10.30.040 Notice. Whenever the City Attorney
or his designee determines that graffiti exists on any permanent
structure in the City of Burlingame and is visible from the
street or other public or private property, he shall cause a
notice to be issued to abate such nuisance. The property owner
shall
have
fifteen
(15)
days after the
date of the
notice to
remove
the
graffiti
or
the property will
be subject to
abatement
by the City.
,Section 10.30.050 Service of Notice. The notice to
abate graffiti shall be served upon the owner (s) of the affected
premises, as such owner's name and address appears on the last
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.ROME R COLEMAN
CITY OF BURLINGAME
UR PRIMROSE ROAD
UPLINGAME, CAIJF.94010
equalized property tax assessment rolls of the County of San
Mateo. In addition if there is a tenant of the premises, the
notice shall also be served on said tenant. If there is no
known address for the owner, the notice shall be sent in care of
the property address. If there is no person occupying said
property, the notice shall be posted thereon. The notice
required by this Chapter may be served in any one of the
following manners:
1. By personal service on the owner, occupant or
person in charge of the.property.
2. By registered or certified mail addressed to the
owner at the last known address of said person.
Section 10.30.060 Removal by City. Upon 'failure of
persons to comply with the notice to abate by the designated
date, or such continued date thereafter as the City Attorney or
his designated representative approves, the City Attorney is
authorized to cause the graffiti to be abated by City forces or
private contract, and. the City or its private contractor is
expressly authorized to enter upon the premises for such
purposes. All reasonable efforts to minimize damage from such
entry shall be taken by the City. Any paint used to obliterate
graffiti shall 4be as close as practicable to background
color(s).
.Section 10.30.070 Liability for City's Cost of
Abatement. The owner shall reimburse the City for the actual
cost of the removal of the graffiti. The costs to be reimbursed
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.ROME F. COLEMAN
SIT' OF BURLINGAME
ER PRIMROSE ROAO
URLINGAME, CRLIF.94010
include labor, material preparation of specifications and
contracts and inspection. Notice of the costs of abatement
shall be given tb the property owner by the City Attorney, in
the same manner as provided for giving notice in Section
10.30.060 hereof. The property owner may appeal said costs to
the City Manager by filing a written appeal within 15 days of
the service of said notice. He may appeal the City Manager's
determination by written appeal to the City Council within 15
days after receipt of the City Manager's decision. The decision
of the City Council shall be final. Unless said costs are paid
within thirty (30) days of notice or in the case of an appeal,
the determination of the appeal, a notice of lien shall be
recorded in the office of the San Mateo County Recorder and
shall constitute a lien on the property."
Section 2. If any section, subsection, subdivision,
paragraph, clause or phrase of the Ordinance, or any part
thereof, is for any reason held to be unconstitutional or
invalid, or ineffective by any court or competent jurisdiction,
such decision skall not affect the validity or effectiveness of
the remaining portions of this Ordinance or any part thereof and
the City Council hereby declares that it would have passed each
section, subsection subdivision, paragraph, sentence, clause, or
phrase thereof irrespective of the fact that anyone or more
sections, subsections, subdivisions, paragraphs, sentences,
clauses, or phrases be declared unconstitutional or invalid or
ineffective.
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=RO MTE Frt�CO LEEMAN
CITY OF BURLINGAME
601 PRIMROSE ROAD
URLINGAME, CALIF.94010
Section 3. This ordinance shall be published as
required by law.
�/ Mayor
I, JUDITH �A. MALFATTI, City Clerk of the City of
Burlingame, do hereby certify that the foregoing ordinance was
introduced at a regular meeting of the City Council held on the
1st day of April , 1991, and adopted thereafter at
a regular meeting of the City Council held on the 15th day of
April 1991, by the following vote:
AYES: COUNCILMEMBERS: BARTON, HARRISON, LEMBI, O'MAHONY, PAGLIARO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
( 7;;
City Clerk
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