§ 11-148. Removal and prevention provisions
(1) It is unlawful for any person, who is the owner or who has primary responsibility for control of property or who has primary responsibility for the repair or maintenance of property ("property owner"), to permit property that is defaced with graffiti to remain so defaced for a period of seven (7) days after notice of same, unless: (a) said person shall demonstrate by a preponderance of evidence that he or she does not have the financial or physical ability to remove the defacing graffiti; or (b) it can be demonstrated that the responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program in which case it shall be unlawful to permit such property defaced with graffiti to remain defaced for a period of fifteen (15) days after notice of same.
(2) The existence of any surface of a structure on a parcel of land which has been defaced with graffiti after removal more than five (5) times in twelve (12) months by the city at its expense is a public and private nuisance, and may be abated by modifications to the structure or surface, or to the immediate surrounding area. The structure or surface may be required to be retrofitted, at the cost of the property owner, with such features or qualities as may be established by the city as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof. The owner of a such a property shall either make the modifications him/herself, or he/she shall permit the city to enter upon the property and to make the modifications. If the property owner can provide clear and convincing evidence that he/she is financially or physically unable to remove the graffiti, the property owner shall permit the city to perform the necessary modifications at the city's cost.
(3) Whenever the city becomes aware or is notified and determines that graffiti is located on publicly or privately owned property within the city, the city shall be authorized to use city funds for the removal of the graffiti, or painting or repairing the property, but shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, unless the city manager determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the property owner or the person causing the graffiti, or if a minor, his or her parent or guardian, agree to or are ordered to pay for the costs of repainting or repairing the more extensive area.
(4) To further discourage graffiti while providing overall consistency, utility fixtures and equipment shall be of a uniform paint-type and color. Any investor owned, gas, electric, telephone, water, sewer, cable, telephone and other utility operation in the City of Costa Mesa shall paint its above-surface metal fixtures with a uniform paint type and color which meets with the approval of the city manager. Since most utility fixtures and equipment are located in the public rights-of-way and are highly visible, graffiti on these structures shall be removed by the utility company within forty-eight (48) hours of being reported to the utility.