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CITY OF COLTON <br />AGENDA REPORT <br />FOR COUNCIL MEETING OF February 21, 2006 <br />TO: HONORABLE MAYOR AND CITY COUNCIL <br />FROM: KENNETH RULON, CHIEF OF POLICE <br />SUBJECT: PROPOSED ORDINANCE AMENDING AND RESTATING CHAPTER <br />9.27 OF THE COLTON MUNICIPAL CODE DECLARING GRAFFITI <br />TO BE A PUBLIC NUISANCE, PROVIDING FOR ITS REMOVAL <br />AND THE RECOVERY OF COSTS INCURRED IN ITS REMOVAL <br />DATE: February 10, 2006 <br />BACKGROUND: <br />Chapter 9.27 of the Colton Municipal Code contains the City's existing regulations regarding <br />graffiti. The provisions of Chapter 9.27 make the application of graffiti and the possession of <br />graffiti implements (such as spray paints and etching tools) a misdemeanor. Chapter 9.27 also <br />allows the City to impose special conditions on land use permits. The special conditions are <br />designed to prevent as well as abate graffiti. <br />However, despite the City's best efforts to enforce the provisions in Chapter 9.27, graffiti <br />continues to be a pervasive problem for the City. Graffiti degrades the City's image, leading to <br />increased gang activity and requiring the City to expend significant amounts of public funds and <br />staff resources to remove graffiti. Further, the City's limited financial resources no longer permit <br />the City to remove every piece of graffiti from public and private buildings and property. As a <br />result, additional enforcement tools and remedies are needed. <br />DISC USSION/ANALYSIS: <br />Staff has prepared the proposed ordinance which amends and restates Chapter 9.27 in its <br />entirety and includes the following provisions: <br />♦ The proposed ordinance declares graffiti to be a public nuisance (Section <br />9.27.030). <br />♦ The proposed ordinance continues to prohibit the possession and use of graffiti <br />implements by minors and requires businesses to observe certain display and <br />storage requirements for graffiti implements (Sections 9.27.040 and 9.27.070). <br />♦ The proposed ordinance also continues to authorize the City to remove graffiti <br />from public and private property, subject to available financial and other <br />resources (Section 9.27.100). <br />♦ In cases where graffiti has been placed on private property, the proposed <br />ordinance now requires property owners to remove the graffiti. If graffiti is not <br />removed in a timely manner, the proposed ordinance establishes a procedure to <br />permit the City to abate the graffiti and seek recovery of its costs of abatement <br />from the property owner. If the abatement costs are not paid, the City will have <br />