Description
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also asked...
Q. What is the graffiti on?
A. NONE OF THESE
A. NONE OF THESE
Q. Is there offensive language used in the graffiti?
A. Don't Know / No Answer
A. Don't Know / No Answer
Q. ***PLEASE CHECK*** the LOCATION of your request, so we send the crew to the correct place. For mobile users, sometimes the GPS location is incorrect. *ALSO* To avoid delays, provide a detailed description of the issue. *PHOTOS* are helpful.
A. OK
A. OK
6 Comments
Acknowledged City of Oakland (Verified Official)
Starchild (Registered User)
chinatown-alps (Registered User)
It is LITERALLY the government’s business. The purpose of this app is to bring to the city’s attention issues that need to be resolved, and violations of the municipal code (such as this one). Please familiarize yourself with Oakland Municipal Code, Title 8, Chapter 8.10, Article III — Graffiti Abatement (Ord. No. 13146, § 1, 1-22-2013)
8.10.220 - Time for Removal by Property Owner or Person in Possession or Control.
A. Whenever the City Administrator determines that Graffiti exists on any occupied real property or any personal property in the city which is visible from the street, right-of-way or other public or private property, the City Administrator or his or her designee shall promptly notify the owner(s) of such property, and may notify the person(s) in possession or control of such property if different from the owner(s), to remove or paint over the Graffiti. The removal must be accomplished within ten (10) days after receipt of such notification or within fifteen (15) days after the notice is deemed to have been received in the event notice is mailed.
B. When the real property is vacant and unoccupied, the removal shall be accomplished within fifteen (15) days after the notice is deemed to have been received by the person or company with dominion and control over the property.
C. Properties subject to California Business and Professions Code Section 25612.5(a)(6) (off-sale alcohol) are required to abate the Graffiti within the time frames set forth in that statute (seventy-two (72) hours).
8.10.240 - Failure to Remove by Property Owner or Person in Possession or Control.
A. In addition to any citation for failure to remove Graffiti, the City may abate or remove Graffiti after a notice to the Property Owner or person in possession and charge the cost of such removal or abatement to the Property Owner.
B. Administrative Citations and Civil Penalties. The City may assess administration citations or civil penalties pursuant to O.M.C. Chapter 1.08 (Civil Penalties) or O.M.C. Chapter 1.12 (Administrative Citations) against a Property Owner or anyone in possession of real property who fails to timely remove or abate Graffiti after notice.
1. Administrative Citations. The City may issue administrative citations pursuant to O.M.C. Chapter 1.12: a. Not more than $150 for the first citation issuance; b. Not more than $250 for the second citation issuance; c. Not more than $500 for a third issuance; d. All subsequent violations shall be assessed as civil penalties pursuant to O.M.C. Chapter 1.08.
2. Civil Penalties. a. In instances when a Property Owner or person in possession of property has been administratively cited for failing to timely remove or abate Graffiti more than three (3) times, subsequent acts shall be considered a major violation and the violator shall be assessed a Civil Penalty. b. A Property Owner or person in possession of property who fails to remove or abate Graffiti after receiving an administrative citation after further notice may be assessed a civil penalty.
C. Any Property Owner(s) or person(s) in possession or control of the real property where Graffiti exists who fails to timely remove the Graffiti is subject to civil penalties, administrative citations, costs of Graffiti removal by the City, costs of City inspections of the property, nuisance abatement liens to recover costs, fees and penalties, and any additional penalties available under the law.
D. In lieu of paying administrative citation or civil penalties, a Property Owner or person in possession or control of real property who is cited for failing to timely remove Graffiti may apply to the City to have the amount of the citation or penalty applied to a portion of the costs of improvements designed to discourage the application of Graffiti.
https://library.municode.com/ca/oakland/codes/code_of_ordinances?nodeId=TIT8HESA_CH8.10VADEPRGR_ARTIIIGRAB_8.10.220TIREPROWPEPOCO
Starchild (Registered User)
"chinatown-alps" – You say the purpose of this app is to bring to the city's attention problems that need to be resolved. One of the biggest issues that needs to be resolved, which is directly related to many of the complaints seen here, is lack of respect for property rights.
Tagging other people's property with graffiti obviously involves lack of respect for property rights. But so does criminalizing owners for not removing graffiti from their property. The concept of private property is key to our whole economic system. It provides individuals, families and businesses the ability to build wealth and plan for the future. It gives ordinary people and minorities the security of knowing that their assets can't just be taken away from them by a majority, or by those in power, without fair market rate compensation.
What this concept means is that your property belongs to you – not to the government, not to your neighbors, and not to society at large. When the sanctity of private property is legally undermined by individuals trying to weaponize government to control how other people use their own property, it hurts everyone. It undermines the "social contract" that says we leave other people and their stuff alone in exchange for them leaving us and our stuff alone, turning society into a war of "all against all" in which no one has real security, and everyone is vulnerable to aggression, whether committed illegally or with the blessing of The Law™.
When it comes down to it, land use rules that regulate private property are little different than painting graffiti on someone's private property. If it's not your business how a neighbor paints their building (which it isn't), this is true regardless of whether you are going there and tagging it directly, or trying to interfere indirectly by getting a planning code adopted or enforced that infringes on the owner's control of that property.
Starchild (Registered User)
City of Oakland (Verified Official)
OAK 311 has referred this issue to CODE ENFORCEMENT,. Please contact that department to follow-up (see "Other Helpful Links" at http://www2.oaklandnet.com/Government/o/PWA/Connect/ReportaProblem/index.htm#Links).
Here are some important City of Oakland contact points:
* Abandoned Autos: 510-777-8622 (abandoned vehicles on public street after 3 days)
* Animal Control: 510-535-5602 (live animals) or 510-535-4888 (dead animals)
* Code Enforcement: 510-238-3381 (blighted private properties, deteriorated buildings, inoperable vehicles on private property)
* Drug Hotline: 510-238-3784 (tips) or 510-777-3211 (in progress)
* Parking Citations: 800-500-6484 (parking citation assistance center, pay or appeal a citation) or 510-238-3099 (enforcement)
* Prostitution Hotline: 510-238-2373 (tips) or 510-777-3211 (in progress)
Thank you.