9.36.070 Removal of graffiti.
A. Right of City to Remove.
1. Authorization to Use City Funds. Within the limits set forth in this section, city funds may be used to remove graffiti and other similar inscribed material from publicly or privately owned permanent structures located on publicly or privately owned real property within the city.
2. Limitations to Use of City Funds. The use of city funds as authorized in this section is limited to the following cases:
a. Sufficient funds have been budgeted and remain unencumbered for such purpose.
b. The city manager or the designee of the city manager approves each proposed use of city funds for such purpose.
c. City funds shall be used only to remove the inscribed material itself and may not be used for painting or repairing of any more extensive area.
d. In any instance where the owner or tenant of the affected property caused, materially contributed to, or voluntarily consented to the inscription, the owner may be held financially responsible pursuant to subsection A, 3 below.
3. Right of Entry on Private Property; Failure to Obtain Owner Consent. The city will first seek to obtain the written consent of the owner of the affected property, public or private, in order to enter upon the property to remove graffiti located thereon. The consent shall be in a form approved by the city attorney and shall:
a. Authorize entry of city employees and/or contractors on the affected property to accomplish the removal of the material;
b. Assign to the city of Bakersfield any cause or causes of action which the owner may have against any person or persons who defaced said property with graffiti; and
c. Hold the city, its officers, employees and contractors harmless from all liability arising out of the entry on the property in order to perform the work of removing the material.
If the city is unable to secure entry upon the affected property for the purpose of removal of the graffiti, or if the city shall have requested consent to remove or paint over graffiti and the property owner shall have refused consent for entry on terms acceptable to the city consistent with the terms of this section, the city may commence abatement and cost recovery proceedings for the removal of the graffiti pursuant to the nuisance abatement authority set forth in Bakersfield Municipal Code Chapter 8.80, which authority includes the recovery of all costs incurred by the city in abating graffiti and recordation of lien as to affected property as provided for in Government Code Sections 38773 et seq.
B. Liability of Parents or Guardians; Liability of Violator; Penal Violations.
1. Pursuant to California Civil Code section 1714.1, each parent or legal guardian shall be personally liable for any and all costs incurred by the city or any person or business in connection with the removal of graffiti caused by that parent or guardian’s minor child, and for all law enforcement costs, city staff costs, attorney’s fees and court costs incurred in connection with the civil prosecution of any claim for damages or reimbursement, up to the limits set in California Civil Code section 1714.1(b)
2. Any individual who is determined to be responsible for violating the provisions of this chapter shall be personally liable for any and all costs incurred by the city or any person or business in connection with the removal of graffiti caused by that person, and for all law enforcement costs, city staff costs, attorney’s fees and court costs incurred in connection with the civil prosecution of any claim for damages or reimbursement.
3. In addition to civil restitution remedies, the section may pursue criminal charges for violators of this chapter (as set forth in Penal Code section 594 or 640.6)
4. In addition to the above, the city may also seek recovery for any and all costs incurred by the city for removal of graffiti pursuant to the remedies set forth in Government Code Sections 38772, 38773.2 and 38773.6. The procedures for recovery of costs under this particular paragraph shall be those set forth in Chapter 8.85. (Ord. 3813 § 1, 1997; Ord. 3726 § 1, 1996; Ord. 3517 § 2, 1993)