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File #: 24-1016    Name: Proposed Amendment to Ordinance Code of Fresno County, Adding Chapter 10.31, “Graffiti Abatement” to Title 10, “Public, Peace, Morals and Welfare”
In control: BOS District 2
On agenda: 9/24/2024 Final action: 9/24/2024
Enactment date: Enactment #:
Title: 1. Conduct first hearing to amend the Ordinance Code of Fresno County, Title 10, to add Chapter 10.31, "Graffiti Abatement"; waive reading of the Ordinance in its entirety and set the second hearing for October 8, 2024; 2. Designate County Counsel to prepare a fair and adequate summary of the proposed Ordinance; and 3. Direct the Clerk of the Board to post and publish the required summary in accordance with Government Code, Section 25124(b)(1).
Attachments: 1. Agenda Item, 2. Ordinance, 3. On file with Clerk - Ordinance Summary
DATE: September 24, 2024

TO: Board of Supervisors

SUBMITTED BY: Steve Brandau, Supervisor, District 2

SUBJECT: Proposed Amendment to Ordinance Code of Fresno County, Adding Chapter 10.31, "Graffiti Abatement" to Title 10, "Public, Peace, Morals and Welfare"

RECOMMENDED ACTION(S):
TITLE
1. Conduct first hearing to amend the Ordinance Code of Fresno County, Title 10, to add Chapter 10.31, "Graffiti Abatement"; waive reading of the Ordinance in its entirety and set the second hearing for October 8, 2024;
2. Designate County Counsel to prepare a fair and adequate summary of the proposed Ordinance; and
3. Direct the Clerk of the Board to post and publish the required summary in accordance with Government Code, Section 25124(b)(1).
REPORT
There is no additional Net County Cost associated with the recommended actions, which will add Chapter 10.31, "Graffiti Abatement" to Title 10, "Public Peace, Morals and Welfare" of the Ordinance Code of Fresno County to require property owners to remove graffiti that is visible from a public location from privately owned real and personal property located within the unincorporated areas of Fresno County. The purpose and intent of this amendment is to protect the public health, safety, and welfare of all County of Fresno residents by establishing procedures to demand property owners remove graffiti from structures and other property and, when faced with uncooperative owners, a process to authorize the County to abate graffiti from privately owned property. Article 11, section 7 of the California Constitution authorizes the legislative body of a county to adopt ordinances for the preservation of the health, safety, and welfare of the community. Sections 25845 and 53069.3 of the California Government Code authorize the legislative body of a county to establish procedures to abate graffiti as a public nuisance. The proposed amendments to the ordinance would declare property defaced by graffiti to be a public nuisance, demand propert...

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