Council Favors Tough Anti-Graffiti Law : Property Owners Could Be Penalized for Not Helping Removal

Stepping up its battle against graffiti in Los Angeles, the City Council on Tuesday tentatively approved a measure providing free removal of the offending markings from private property but calling for misdemeanor prosecution of uncooperative property owners.

The measure calls for the Department of Building and Safety to issue graffiti removal orders. Property owners would be given a choice of removing the markings themselves within 15 days or allowing city workers to do it at no charge to the owner.

However, refusal to cooperate would make an owner subject to a misdemeanor citation, punishable by up to six months in jail, a fine of up to $1,000 or both.

The council, obviously frustrated by its many unsuccessful attempts to halt the spread of gang graffiti, gave its preliminary approval over the objections of Councilman Robert Farrell, who argued that the measure could spark retaliation against property owners in the city’s gang-ridden neighborhoods.

“In some parts of my district,” said Farrell, who represents South-Central Los Angeles, “a person would basically be challenged for messing with the graffiti” and a homeowner who complied with a city removal order could “wind up maybe getting hurt.”

Such an owner might then have a legitimate claim against the city, Farrell warned council members.

Eastside Councilwoman Gloria Molina argued that property owners could comply with the city order, only to see the graffiti reappear the next day.

But, as reflected in the 11-4 vote, a majority of the council apparently agreed with Councilman Marvin Braude, who said, “We are in a crisis. Our society is deteriorating. And graffiti is the symbol of that crisis and deterioration. . . . We have to take a stand here. . . . If it doesn’t work, we’ll change it. But let’s have the courage to try.”

Councilman Joel Wachs had his own views on graffiti.

“I hate graffiti. I just hate it,” Wachs said. Then after a pause he added: “If I could read what it said, it might not be so bad.”

The council is expected to take a final vote today.

Mel Bliss, chief of the Building and Safety Department’s Bureau of Community Safety, said the city is getting the cooperation of most residents in fighting graffiti. But under state law, city workers are not allowed to remove graffiti on private property without permission. So the ordinance is needed “to put some pressure on those not cooperating,” Bliss said.